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A021 - Resolution approving Iowa Department of Transportation Preconstruction Agreement for Sanitary Sewer Relocation
ITEM #:25 DATE:08-12-25 DEPT:PW SUBJECT:AGREEMENT WITH IOWA DOT FOR SANITARY SEWER RELOCATION COUNCIL ACTION FORM BACKGROUND: The Iowa Department of Transportation (DOT) has scheduled a project for the 2026 construction season along eastbound US Highway 30, from South Duff Avenue to South Dayton Avenue in Ames. As part of this project, the eastbound entrance ramps from South Duff Avenue to US 30 will be reconstructed and realigned further south, bringing the new alignment closer to the Hunziker Youth Sports Complex access road. A sanitary sewer main, originally constructed in 1963, currently runs parallel to the existing eastbound ramp and serves approximately 150 acres of commercial property south of Highway 30. This main lies within the DOT right-of-way (ROW) under an existing permit. The proposed roadway improvements will result in three manholes falling within the new pavement section, with a fourth requiring grade adjustment. DOT policy prohibits utility structures within pavement sections on high-speed roadways due to safety concerns, necessitating relocation of the sewer main at the City’s expense. The DOT has prepared a Preconstruction Agreement (attached) that allows the sanitary sewer relocation to be included in the overall DOT project plans and bid through the DOT letting process. By including the sanitary sewer relocation with the DOT project, the City can take advantage of mobilization and other related utility work associated with the DOT's project. The City will be responsible for design, inspection, and final approval of the sanitary sewer work. The DOT's contractor will perform the sewer relocation and the City will be billed for these project components upon completion, in accordance with the Agreement’s reimbursement provisions. Unallocated Sanitary Sewer Funds are available to cover the estimated cost of this project. Program Revenue Expenses Sewer Utility Fund Balance $450,000 Construction $400,000 Engineering/Administration (Est.) $50,000 Total $450,000 $450,000 ALTERNATIVES: 1. Approve the Preconstruction Agreement with the Iowa Department of Transportation for the sanitary sewer relocation with the PCC Pavement - Grade and New project. 2. Do not approve the Preconstruction Agreement and direct staff to review other alternatives. 1 CITY MANAGER'S RECOMMENDED ACTION: Relocating the sanitary sewer structures outside of the Iowa DOT’s right-of-way will enhance roadway ride quality, reduce the risk of damage to the sanitary sewer from snow removal operations, and improve safety for City staff performing routine maintenance. The proposed Preconstruction Agreement facilitates coordination with the broader highway reconstruction project while ensuring the sanitary sewer improvements meet City design and construction standards. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): US 30 Sanitary Sewer Relocation Map.pdf Preconstruction Agreement.pdf 2 M© City of Ames, Iowa makes no warranties, expressed or implied, including without limitation, any warranties of merchantability or fitness for a particular purpose. In no event shall the City of Ames be liable for lost profits or any consequential or incidental damages caused by the use of this map. 1:2,042 US 30 Sanitary Sewer Relocation X -----X -----X -----X ----- X -----X -----X -----X -----X -----X ----- RELOCATED SANITARY SEWER ABANDON EXISTING SANITARY SEWER 3 June 2025 2026-4-007_Ames 1 IOWA DEPARTMENT OF TRANSPORTATION Preconstruction Agreement For Primary Road Project This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated "DOT”, and the city of Ames, Iowa, a Local Public Agency, hereinafter designated "LPA”, in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable; The DOT proposes to establish or make improvements to U.S. 30 within Story County, Iowa; and The DOT and the LPA are willing to jointly participate in said project, in the manner hereafter provided; and Therefore, it is agreed as follows: 1. Project Information a. The DOT shall design, let, and inspect construction of the following described project in accordance with the project plans and DOT Standard Specifications: Portland cement concrete (PCC) pavement, grade and new, on eastbound U.S. 30 from South Duff Avenue to South Dayton Avenue. See Exhibit A for project location. b. As part of the project, the LPA has requested relocation of sanitary sewer within the city of Ames all which shall be at no cost to the DOT. See Exhibit B for estimated costs of the sanitary sewer relocation work. c. Upon completion of construction, the LPA agrees to retain ownership and jurisdiction of the following referenced improvements as identified below. The LPA shall also assume responsibility for all future maintenance operations associated therewith, all at no additional expense or obligation to the DOT: i. All sanitary sewers and structures constructed as part of the project. 2. Project Costs a. The LPA shall reimburse the DOT for its share of the project costs estimated at $400,000, as shown in Exhibit B. The amount paid by the LPA upon completion of construction and billing by the DOT shall be determined by the actual quantities in place and the accepted bid at the contract letting. b. The DOT shall bear all costs except those allocated to the LPA under other terms of this Agreement. 3. Traffic Control a. U.S. 30 through-traffic shall be maintained during the construction. 4. Right of Way and Permits a. The LPA shall be responsible for obtaining any necessary permits related to the sanitary sewer work from the DOT, such as the Work Within the Right of Way Permit, Access Connection/Entrance 4 June 2025 2026-4-007_Ames 2 Permit, Utility Accommodation Permit, Application for Approval of a Traffic Control Device, or other construction permits required for the project prior to the start of construction. Neither the approval of funding nor the signing of this Agreement shall be construed as approval of any required permit from the DOT. b. The LPA shall obtain all project permits and/or approvals related to the sanitary sewer work, 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/or other State or Federal agencies as may be required. c. Subject to the provisions hereof, the LPA, in accordance with 761 Iowa Administrative Code Chapter 150.3(1)c and 150.4(2), shall remove or cause to be removed (within the corporate limits) all encroachments or obstructions located in the existing primary highway right of way. The LPA shall also prevent the erection and/or placement of any structure or obstruction within 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. d. The DOT shall be responsible for the coordination of utility facility adjustments for the primary road project. e. The LPA agrees to relocate all city-owned utilities necessary for construction, which are located within the existing street or alley right of way, subject to the approval of and without expense to the DOT in accordance with 761 Iowa Administrative Code Chapter 150.4(5) and the DOT Utility Accommodation Policy. f. With the exception of service connections, 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, shall be permitted or undertaken by the LPA without the prior written approval of the DOT. All work shall be performed in accordance with the DOT Utility Accommodation Policy and other applicable requirements of the DOT. 5. Construction and Maintenance a. Upon completion of the project, no changes in the physical features thereof shall be undertaken or permitted without the prior written approval and consent of the DOT. b. Future maintenance of the primary highway within the project area shall be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150. 6. General Provisions a. If the LPA 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 LPA shall provide notice of the modification, amendment, or revision to the DOT within 14 calendar days of the LPA’s receipt of a subsequent FIS or modification. If the LPA does not have a detailed FIS for an area which is affected by the proposed Primary Highway project, and the LPA does adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall provide notice of the FIS to the DOT within 14 calendar days. The LPA agrees to defend, indemnify, and hold harmless the DOT from any and all claims, costs, and damages arising from, or related to, the LPA’s failure to timely provide an FIS, and/or FIS modification, to the DOT in accordance with this provision. b. The LPA 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 Title VI of the Civil Rights Act of 1964 and Iowa Code Chapter 216. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, national origin, religion, pregnancy, or 5 June 2025 2026-4-007_Ames 3 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. c. It is the intent of both (all) parties that no third-party beneficiaries be created by this Agreement. d. If any section, provision, or part of this Agreement is 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. e. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s), represents the entire Agreement between the LPA and DOT regarding this project. All previously executed agreements shall remain in effect except as amended herein. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed amendment to this document. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2026-4-007 as of the date shown opposite its signature below. CITY OF AMES: By: Date , 20___. Title: Mayor 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 , 20___. Signed: _____________________________ City Clerk of Ames, Iowa IOWA DEPARTMENT OF TRANSPORTATION: By: Date , 20___. Allison Smyth, P.E. District Engineer District 1 6 EXHIBIT A 2026-4-007_Ames 7 Cost Estimate - US 30 Duff Ramp D Sanitary Sewer Relocation IDOT Item Code IDOT Item Description Quantity Unit Unit Cost Cost 2435-0130148 MANHOLE, SANITARY SEWER, SW-301, 48 IN.2 EACH 18,000.00$ 36,000.00$ 2435-0130210 MANHOLE, SANITARY SEWER, SW-302 MODIFIED 1 EACH 20,000.00$ 20,000.00$ 2435-0600120 INTAKE ADJUSTMENT, MAJOR 1 EACH 3,600.00$ 3,600.00$ 2435-0700010 CONNECTION TO EXISTING MANHOLE 1 EACH 10,000.00$ 10,000.00$ 2499-9999005 CONNECTION TO EXISTING PIPE 2 EACH 5,000.00$ 10,000.00$ 2504-0110012 SANITARY SEWER GRAVITY MAIN, TRENCHED, 12 IN.1260 LF 160.00$ 201,600.00$ 2504-0112236 SANITARY SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 36 IN.20 LF 300.00$ 6,000.00$ 2504-0240236 SANITARY SEWER ABANDONMENT, FILL AND PLUG, LESS THAN OR EQUAL TO 36 IN. DIA.1195 LF 50.00$ 59,750.00$ 2510-6750600 REMOVAL OF INTAKES AND UTILITY ACCESSES 2 EACH 3,000.00$ 6,000.00$ 2599-9999005 SANITARY SEWER, TEMPORARY PLUG, 36IN.2 EACH 10,000.00$ 20,000.00$ 2599-9999005 REMOVAL OF UTILITY ACCESS, LINE THROUGH WELL 1 EACH 10,000.00$ 10,000.00$ 2599-9999005 REMOVAL OF UTILITY ACCESS, TOP ONLY, TEMPORARY PLATE 3 EACH 2,000.00$ 6,000.00$ Construction Subtotal 388,950.00$ Construction with Contingency 400,000.00$ EXHIBIT B 2026-4-007_Ames 8