Locust St Connector - IDOT AgrMEMORANDUM
January 31, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Reconstruction of Locust Street and the Locust Street Connector
Public Works Director Mike Koch is recommending approval of an agreement with the
Iowa Department of Transportation for the reconstruction of the southeast corner of the
intersection of Locust Street and the Locust Street Connector. This modification would
convert the center of the three northbound lanes of Locust Street between US 20 and
the Locust Street Connector from a "northbound only" lane to a combined straight/right-
turn lane.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
January 30, 2002
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Reconstruction of Locust Street and the Locust Street Connector
INTRODUCTION
The enclosed resolution authorizes the execution of a cooperative agreement
between the City of Dubuque and the Iowa Department of Transportation (IDOT)
for the reconstruction of the southeast corner of the intersection of Locust Street
and the Locust Street Connector.
DISCUSSION
This modification would connect the center of the throe northbound lanes of Locust
Street between US 20 and the Locust Street Connector from a "northbound only" lane to
a combined straight/right-turn lane. A drawing of the proposed change is attached.
This modification would create two-lane continuity between US 20 and US 61 through
the Locust Connector Corridor, which is currently limited to one through lane: Allowing
two northbound lanes on Locust Street to make the right turn to US 61 will also reduce
the number of weaving maneuvers which currently occur on Locust Street between US
20 and Locust Street.
In order to avoid this weaving maneuver, the majority of drivers turning left at US 20 to
northbound Locust Street use the outside turn lane. The ratio of use between the dual
left tums is approximately 80% to 20% during peak hours. At the Locust Street
Connector, there is a near even split in traffic, with 572 vehicles continuing northbound
on Locust Street, and 548 vehicles making the right turn over to US 61. Allowing both
left turn lanes at US 20 to make the right turn at the Locust Street Connector should
reduce the weaving problem and will also provide additional capacity to U.S. 20 at the
Locust Street intersection.
For approximately the last year, City staff has been working with the Iowa Department
of Transportation on the redesign of this intersection. Attached is a project agreement
with the Iowa Department of Transportation providing for IDOT participation in the
project through the Urban State Traffic Engineering Program (U-STEP), a cooperative
program for safety or operational improvements on state primary road extensions.
IDOT's share for such projects is 55%, while the local share is 45%. Pursuant to the
terms of the agreement, the City would bid the project locally, construct, inspect, and
initially pay for the work performed. Upon completion of the project, the City would be
reimbursed for 55% of the project costs by IDOT.
The remaining 45% local share will be paid for by federal Surface Transportation
Program (STP) funds from the Dubuque Metropolitan Area Transportation Study. There
will be no local funds utilized in the project.
RECOMMENDATION
I recommend that the City approve the reconstruction project and adopt the attached
resolution approving the project agreement with the Iowa Department of Transportation.
BUDGET IMPACT
The summary of the project cost is as follows:
Construction
Design & Engineering
$ 94,359.00
25,005.00
Total Project Cost
$119,364.00
The project will be funded as follows:
IDOT - U-STEP Funding
STP Funding - DMATS
$ 51,897.00
67,467.OO
Total Project Funding
$119,364.00
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution authorizing the Mayor to
execute two copies of the cooperative agreement relating to the reconstruction of the
Locust Street and the Locust Street Connector intersection.
MAK/vjd
Existing
Condition
S t r e e t
Scale 1=40
Proposed
Design
S t r e e t
Final Design showing 2 lane
continuity between U.S. 20 &
U.S. 61
-- Locust Street Connector
/
Scale: 1=100
ST STREET CONNECTOR
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864
RESOLUTION NO. 35-02
RESOLUTION APPROVING COOPERATIVE AGREEMENT BETWEEN THE
IOWA DEPARTMENT OF TRANSPORTATION (IDOT) AND THE CITY OF
DUBUQUE RELATING TO THE RECONSTRUCTION OF LOCUST STREET
AND THE LOCUST STREET CONNECTOR
Whereas, the Iowa Department of Transportation and the City of Dubuque are
proposing to reconstruct the southeast corner of the intersection of Locust Street and
the Locust Street Connector; and
Whereas, Agreement No. 6-01-USTEP-20 with the Iowa Department of
Transportation outlines the responsibilities of IDOT and the City relating to the
construction project and providing for Urban State Traffic Engineering Program (U-
STEP) cost participation in the project; and
Whereas, the City of Dubuque approves the terms and conditions of said
cooperative agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Agreement No. 6-01-USTEP-20 consisting of an
agreement for the reconstruction of the southeast corner of the intersection of Locust
Street and the Locust Street Connector.
Section 2. That the Mayor be authorized and directed to execute two copies of
this agreement and forward the executed copies to the Iowa Department of
Transportation for their approval.
Passed, approved and adopted this 4th
Attest:
Jeanne F. Schneider, City Clerk
day of February, ,2002.
Terrance M. Duggan, Mayor
January 2001
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
URBAN-STATE TRAFFIC ENGINEERING PROGRAM
(U-STEP) PROJECT
CITY: Dubuque
PROJECT NO: UST-20-9(157)--4A-31
Iowa Department of Transportation
AGREEMENT NO:6-01-USTEP-20
STAFF ACTION NO: 02-0521
This is an agreement between the city of Dubuque, (hereinafter called CITY) and the Iowa
Department of Transportation (hereinafter called DEPARTMENT) to enter into an agreement for
joint or cooperative action after appropriate action by ordinance, resolution, or otherwise
pursuant to the laws of the governing bodies involved.
The DEPARTMENT provides funds through the Urban-State Traffic Engineering Program (U-
STEP), a cooperative program for safety or operational improvements on primary road
extensions. The DEPARTMENT has made these funds available for reimbursement and will
share eligible construction and right-of-way costs in the ratio of 55 percent DEPARTMENT
fands and 45 percent local funds, up to a maximum amount in DEPARTMENT funds of
$200,000 for a "spot improvement" or $400,000 for a "linear improvement".
A "spot improvement" shall mean a limited improvement project such as intersection
reconstruction or signaiization; and a "linear improvement" shall mean an improvement project
such as street or highway widening or reconstruction which spans two or more intersections.
The CITY proposes to develop and complete the following described U-STEP project:
Spot Improvement:
To improve the intersection of Locust Street and Locust Street connection. This project will
provide two (2) lane continuency between eastbound U.S. 20 and U.S. 61/151.
Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the
DEPARTMENT agrees to provide U-STEP funding to the CITY for the authorized and approved
costs for eligible items associated with project improvements as described above.
Agreement No: 6-01-USTEP-20
Page 2
In consideration of the foregoing and the mutual promises contained in this agreement, the
parties agree as follows:
The CITY shall be the lead local governmental agency for carrying out the provisions of
this agreement and shall be responsible for the development and completion of the U-
STEP project.
All notices required under this agreement shall be made in writing to the DEPARTMENT
and the CITY's contact person. The DEPARTMENT's contact person shall be the
District 6 Local Systems Engineer. The CITY's contact person shall be the City
Engineer, Public Works Director, or a Consulting Engineer hired by the CITY for a
particular project..
The estimated total of eligible construction and tight-of-way cost for this project is
$119,333.50. If, upon completion of final plans, the cost estimate exceeds the
preliminary total estimate contained herein by 20 percent or more, the increased cost
must be approved by the DEPARTMENT prior to contract letting or the extra work must
be approved before the beginning of construction.
The attached Standard U-STEP Exhibit and Exhibit A will apply and is hereby made a
part of this Agreement.
Agreemem No.: 6-01-USTEP-20
Page 3
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Nmnber
6-01-USTEP-20 as of the date shown opposite its signature below.
City: Dubuque
By Date
Title
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 by virtue of a formal
Resolution duly passed and adopted by the CITY, on the day of
Signed
City Clerk of Dubuque, Iowa
Date
IOWA DEPARTMENT OF TRANSPORTATION
Highway Division
By Date
Roger R. Walton, P.E.
Local Systems Engineer
District6
Yanuary 2001
U-STEP
EXHIBIT
Standard Provisions for Project Agreement
The CITY shall comply with all provisions of the equal employment opportunity
requirements prohibiting discrimination and requiring affirmative action to assure equal
employment opportunity as required by the Iowa Code Chapter 216. No person shall, on the
grounds of race, creed, color, sex, age, religion, national origin, or handicap/disability, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the CITY receives state funds from
the DEPARTMENT.
The CITY shall use positive efforts to solicit bids from and to utilize Targeted Small Business
(TSB) enterprises as contractors and ensure that the contractors make positive efforts to
utilize these enterprises as subcontractors, suppliers or participants in the work covered by
this agreement. Efforts shall be made and documented in accordance with Exhibit A which is
attached hereto and by this reference is made a part of this agreement.
The CITY shall obtain agreements, as needed, from railroad and utility companies and shall
obtain project permits and 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 and the
DEPARTMENT, etc.
The DEPARTMENT will share, as stated in the agreement, for the costs of construction of
longitudinal and outlet storm sewers made necessary by highway construction in the
proportion that the street right-of-way of the primary road extension bears to the total
drainage area to be served by the proposed sewers. The CITY shall be responsible for the
remaining portion of storm sewer costs not paid for by the DEPARTMENT.
If right of way must be acquired for the project, the CITY shall negotiate and secure the
necessary right of way using the most appropriate of the following methods:
When right of way is to be acquired, before acquisition procedures are begun, the
CITY shall meet the staff from the DEPARTMENT's Office of Right of Way (ROW)
to assure compliance with the U.S.Code, the Iowa Code, and 761 Iowa Administrative
Code (IAC) Chapter 111; and determine what areas, if any, are to be acquired in the
name of the DEPARTMENT and what areas, if any, in the name of the CITY.
The CITY must certify no later than 10 weeks prior to the letting that the CITY has
acquired possession of all required right of way. Should eminent domain proceedings
be required, the CITY will condemn or appeal in the name of the CITY or the
DEPARTMENT, whichever applies. The project letting may not be held until the
CITY has certified that the right of way has been acquired.
U-STEP Exhibit
Page 2
The CITY will meet with the DEPARTMENT's staff(ROW Office) to determine who
shall be responsible for demolition and/or property management functions.
The CITY as well as its 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 DEPARTMENT or Federal
Highway Administration (FHWA). Upon completion of the acquisition for each
parcel, all original documents for said acquisition shall be delivered to and become the
property of the DEPARTMENT.
In accordance with 761 Iowa Administrative Code(IAC) Section 150.3(1)(b), the
CITY will be responsible for providing, without cost to the DEPARMENT or the
project, all right of way which involves dedicated streets or alleys, and other city-
owned lands, easements and rights in land except park lands, subject to the condition
that the DEPARTMENT will reimburse the CITY for the value of improvements
situated on said city-owned lands if any. The CITY has apprised itself of the value of
these lands, and, as a portion of its participation in the project, voluntarily agrees to
make such lands available without further compensation.
The CITY will prepare and furnish to the DEPARTMENT for review the necessary project
plans, specifications, and an estimate of cost for the proposed construction project. Traffic
signals shall conform to the Manual on Uniform Traffic Control Devices for Streets and
Highways (MUTCD).
Upon DEPARTMENT acceptance of final plans, proposal forms, specifications and cost
estimate, the DEPARTMENT will give the CITY written notice to proceed with the project.
For the portion of the project under contract by public letting, the CITY shall advertise for
bidders, hold a public letting, and provide adequate supervision for the construction work
performed under the contract. The CITY shall submit the letting documents to the
DEPARTMENT for concurrence prior to formal action in the award of the contract.
The project must be let to contract within two (2) years of the date this agreement is approved
by the DEPARTMENT. If not, the CITY may be in default, for which the DEPARTMENT
may revoke funding commilxnents. This agreement may be extended for a period of six (6)
months upon receipt of a written request from the CITY at least thirty (30) days prior to the
two (2) year deadline.
U-STEP Exhibit
Page 3
The CITY will be responsible for the costs of the construction. Acceptance of the completed
construction shall be with the concurrence of the DEPARTMENT. The CITY shall prepare
and submit to the DEPARTMENT a detailed billing statement of materials, installation, and
construction costs incurred by the CITY. Design, inspection, and administration costs will be
borne by the CITY. If said statement and documentation is in proper form, the
DEPARTMENT will promptly reimburse the CITY in the amount of 55 percent of the
eligible costs of the project, taking into account the limitations as stated in the agreement.
10.
Signs and other traffic control devices necessary for construction of the project shall be in
accordance with the "Manual on Uniform Traffic Control Devices for Streets and Highways"
(MUTCD) per 761 Iowa Administrative Code (IAC) 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.
11.
Parking shall be prohibited on the minor street approaches for a distance of 35 ft. in advance
of the stop signs and/or crosswalks and on the exit sides of the minor streets for a distance of
35 ft. beyond the stop signs and/or crosswalks which shall go into effect at such time as the
project is completed and opened to through traffic.
12.
Upon completion of the project, the CITY will certify that the project was completed in
substantial compliance with the plans and specifications set out in this agreement before
receiving final reimbursement of DEPARTMENT funds.
13.
The CITY shall provide to the DEPARTMENT three (3) copies of the "as-built" project
plans, within six (6) months after the project is built.
14.
The CITY shall have ownership of traffic signals constructed with this project and shall
operate them at its expense so long as signal protection is considered by either party as
necessary at said location. If considered by both parties as no longer necessary at said
location, the signals are to be removed by the CITY at the CITY's expense, and may be
installed at another location acceptable to both parties and thereafter shall be owned and
operated at the expense of the CITY.
15.
Periodic billing statements may be submitted by the CITY during progress of the work. The
DEPARTMENT will review these statements and make recommendations as to their
payments. Payments will be made in accord with Paragraph 9 above.
16.
The RECIPIENT shall submit a f'mal detailed billing statement to the DEPARTMENT no
later than one (1) year after the date the DEPARTMENT concurs in the acceptance of the
completed construction. If a final detailed billing statement is not submitted to the
DEPARTMENT by the CITY in the one (1) year period, the DEPARTMENT will close the
project's financial records without making additional reimbursement to the CITY unless a
time extension is requested. The time extension should be requested in writing by the CITY
and approved by the DEPARTMENT, at least thirty (30) days prior to the one (1) year
deadline.
U-STEP Exhibit
Page 4
17.
The CITY agrees to indemnify, defend and to hold the DEPARTMENT harmless fxom 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 DEPARTMENT's application review and approval
process, plan and construction reviews, and funding participation.
18.
If any part of this agreement is found to be void and unenforceable, then the remaining
provisions of this agreement shall remain in effect.
19. This agreement is not assignable without the prior written consent of the DEPARTMENT.
20.
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 dispute. The
DEPARTMENT and the CITY 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.
21.
This agreement, as set forth in items 1 through 4 and paragraphs 1 through 21 of the
U-STEP EXHIBIT and EXHIBIT A, constitutes the entire agreement between the
DEPARTMENT and the CITY. No representations, promises, or warranties have been made
by either party that are not fully expressed in this agreement. Any change or alteration to the
terms of this agreement must be made in the form of an addendum to this agreement which
shall be effective only upon written approval of the DEPARTMENT and the CITY.
March 1999
EXHIBIT A
UTILIZATION
OF
TARGETED SMALL BUSINESS (TSB) ENTERPRISES
ON
NON-FEDERAL AID PROJECTS
(THIRD-PARTY STATE-ASSISTED PROJECTS)
In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code Chapter 4,
it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business
(TSB) enterprises shall have the maximum practicable opportunity to participate in the performance
of contracts financed in whole or part with state funds.
Under this policy it is the responsibility of the recipients of state funds to help finance
projects to make a positive effort to solicit bids fi:om and to utilize TSBs as contractors and ensure
that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or
participants in the work covered by this agreement.
The Recipient's "positive efforts" should include, but not be limited to:
Obtaining the names of qualified TSB contractors fi:om the Iowa Department of Economic
Development (515-242-4721) and/or seek these contractors through advertising in general-
circulation, Wade association or minority-focused media. The Iowa Department of
Management shall determine whether contractors who respond to such advertisements
qualify for TSB designation.
Notifying qualified TSBs of proposed projects involving state-assisted funding. Notification
should be made in sufficient time to allow the TSBs to participate effectively in the bidding
process.
Soliciting bids fi:om qualified TSBs on each project, and identifying for TSBs the availability
of subcontract work.
Including in the bid proposals for state-assisted projects, a contract provision titled "TSB
Affirmative Action Responsibilities on Non-Federal Aid Projects (Third-Party State-Assisted
Projects)", or a similar document developed by the Recipient.
Ensuring that the awarded contractor has and shall follow the contract provisions. The
Recipient is encouraged to establish goals or pementages to achieve TSB participation in
these projects. Contract goals may vary depending on the type of project, the projects sub-
contractible items, the type of service or supplies needed for the project, and the availability
of qualified TSBs in the area.
1 of 2
EXHIBIT A
The Recipient shall agree to provide the Iowa DOT the following documentation:
1. Copies of correspondence and replies, and written notes of personal and/or telephone
contacts with any TSBs. Such documentation can be used to demonstrate the Recipient's
positive efforts and it should be placed in the general project file.
2. Bidding proposals noting established TSB goals, if any.
3. The dollar mount contracted to, subcontracted to, or supplied by qualified TSBs for the
project or projects covered by this agreement.
4. The attached "Checklist and Certification" form shall be filled out upon completion of each
project and forwarded to the Iowa DOT's EEO Administrator, Office of Contracts.
2 of 2
May 1999
CHECKLIST AND CERTIFICATION
OF THE UTILIZATION OF
TARGETED SMALL BUSINESS (TSB)
ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS)
PROJECT NUMBER:
AGREEMENT NUMBER:
Were qualified TSB names obtained from the Department of
Economic Development? YES NO
If no, explain
Were qualified TSBs notified of project?
If yes, by letter , telephone
If no, explain
YES NO
, personal contact , other __
3. Were bids solicited from qualified TSBs?
If no, explain
YES NO
4. Was a goal or percentage (%) established
for TSB participation? YES
If yes, what was the goal or (%)
If no, explain why not,
5. Did the prime contractor use positive efforts to
utilize TSBs on subcontracts? YES
If no, what action was taken by the City
Is documentation in files? YES
6. What was the dollar amount reimbursed to the City
from the Iowa Department of Transportation? $
What was the final project cost? $
What was the dollar amount performed by TSBs? $
Name and address of the TSB
(Use additional sheet if necessary)
Was the goal or percentage (%) achieved YES
If no, explain
NO
NO
NO
NO
certify that the CITY used positive efforts to utilize TSBs as participants in this project.
PROJECT ENGINEEPJMANAGER DATE