Acceptance of Water Main Improvement in the Right of Way Adjacent to Lot 1 and Lot 2 Third Union Addition 821-887 Oak Street Copyrig hted
February 15, 2021
City of Dubuque Consent Items # 21.
City Council Meeting
ITEM TITLE: Acceptance of Water Main Improvement in the Right of WayAdjacent to
Lot 1 and Lot 2 Third Union Addition in the City of Dubuque, lowa,
common address 821 -877 Oak Street (Routley Property)
SUM MARY: City Manager recommending acceptance of the public improvements
that the developer, Routley Construction, has recently completed in the
right-of-way adjacent to 821-877 Oak Street (Routley Property).
RESOLUTION Accepting Public Water Main Improvements in the Row
Adjacent to Lot 1 and Lot 2 Third Union Addition in the City of Dubuque,
lowa, Common Address 821 - 887 Oak Street (Routley Property)
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Acceptance of Public Water Main Improvements- 821- City Manager Memo
877 Oak Street-MVM Memo
Acceptance of Public Water Main Improvements- 821- Staff Memo
887 Oak Street(Routley Property)
Acceptance Resolution - Oak Street(Routley Property) Resolutions
Signed Agreement Ciry & Routley Supporting Documentation
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Water Main Improvement in the Right of Way Adjacent to
Lot 1 and Lot 2 Third Union Addition in the City of Dubuque, lowa,
common address 821 - 877 Oak Street (Routley Property)
DATE: February 8, 2021
Water Department Manager Denise Blakeley Ihrig recommends City Council
acceptance of the public improvements that the developer, Routley Construction, has
recently completed in the right-of-way adjacent to 821-877 Oak Street (Routley
Property).
The new water main was constructed in accordance with City standards and
specifications and has been inspected and approved by Water Department staff.
Routley wishes to dedicate the water main utility extension improvements along Oak
Street to the City of Dubuque and the City will own and maintain the new public water
main utility extension.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Denise Blakeley Ihrig, Water Department Manager
Dubuque
THE CITY OF �
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TO: Michael C. Van Milligen, City Manager
FROM: Denise Blakeley Ihrig, Water Department Manager
SUBJECT: Acceptance of Water Main Improvements in the ROW adjacent to Lot 1
and Lot 2 Third Union Addition in the City of Dubuque, lowa, common
address 821 — 877 Oak Street (Routley Property).
DATE: February 8, 2021
INTRODUCTION
The enclosed material provides for City Council acceptance of the public improvements
that the developer, Routley Construction, has recently completed in the ROW adjacent
to Lot 1 and Lot 2 Third Union Addition in the City of Dubuque, lowa, common address
821 — 877 Oak Street (Routley Property).
BACKGROUND
The City owns and maintains a public water main along Oak Street which terminates at
the west side of the Routley property. Routley requested the extension of the public
water main from said termination point to the near the intersection of Oak Street and
Rising Street to serve existing and future buildings.
The project consisted of the extension of a 6" diameter water main (approx. 284' +/-)
along Oak Street adjacent to the Routley property and terminated with a fire hydrant.
The City and Routley agreed to share in the cost of the construction of the Project.
Routley was responsible for and paid for all construction costs related to the project,
except for water main materials. The City provided and paid for all the public water
main materials and appurtenances for the project.
The new water main was constructed in accordance with City standards and
specifications and has been inspected and approved by Water Department staff.
Routley wishes to dedicate the water main utility extension improvements along Oak
Street to the City of Dubuque and the City will own and maintain the new public water
main utility extension.
DISCUSSION
Per City Ordinance it requires that upon completion of all the required public
improvements, the owner shall notify the City in writing of the completion of the
improvements, requesting that the City either approve or reject the acceptance of the
improvements, together with a statement of reasons for any rejection.
On January 15, 2021, the owners requested City's acceptance of the improvements in
the ROW adjacent to Lot 1 and Lot 2 Third Union Addition in the City of Dubuque, lowa,
common address 821 — 877 Oak Street (Routley Property).
Upon inspection by the City, it has been determined that the public improvements
required by said agreement have been completed in accordance with plans approved
by the City Staff and in conformance with City specifications.
RECOMMENDATION
I would, therefore, recommend that the City Council accept the public improvements as
described above.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution accepting the public
water main improvements in the ROW adjacent to Lot 1 and Lot 2 Third Union Addition
in the City of Dubuque, lowa, common address 821 — 877 Oak Street (Routley
Property).
Prepared by Kerry Leppert,
Water Distribution Engineering Assistant
Prepared by Denise Blakeley-Ihrig Water Department Manager, 901 Hawthorn St Dubuque IA 52001 (563) 589-4290
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131h St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 42-21
ACCEPTING PUBLIC WATER MAIN IMPROVEMENTS IN THE ROW ADJACENT TO
LOT 1 AND LOT 2 THIRD UNION ADDITION IN THE CITY OF DUBUQUE, IOWA,
COMMON ADDRESS 821 - 887 OAK STREET (ROUTLEY PROPERTY)
Whereas, pursuant to Water Construction Agreement dated July 24, 2020, a copy
of which is attached hereto, certain public improvements including water main and
appurtenances, were installed by Routley Construction; and
Whereas, the improvements have been completed and the City Manager has
examined the work and has filed a certificate stating that the same has been completed
in accordance with the plans approved by the City Council and in conformance with City
specifications, and has recommended that the improvements be accepted by the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and
that said public improvements in the ROW adjacent to Lot 1 and Lot 2 Third Union
Addition in the City of Dubuque, Iowa, common address 821 — 877 Oak Street (Routley
Property), be and the same is hereby accepted.
Passed, approved and adopted this 15th day of February 20?1.
Roy D. Buol, Mayor
Attest:
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Adrienne N. Breitfelder, City Clerk
WATER MAIN CONSTRUCTION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA AND ROUTLEY CONSTRUCTION, LLC
This Water Main Construction Agreement (Agreement) is made and entered into
this � day of July 2020, by and between the City of Dubuque, lowa, an lowa
municipal corporation (City), and Routley Construction, LLC (Routley).
WHEREAS, Routley is the owner of the real estate legally described as Lot 1 and
Lot 2 of Third Union Addition in the City of Dubuque, lowa, common address 860 — 866
Oak Street (Routley Property); and
WHEREAS, City owns and maintains a public water main along Oak Street which
terminates at the west side of Routley Property, in the City of Dubuque, lowa; and
WHEREAS, Routley has requested the extension of the public water main from
said termination point to the intersection of Oak Street and Rising Street to serve
existing and future buildings thereon (the Project); and
WHEREAS, Routley desires to construct the Project and will need to construct
and carry out any other activities associated with the Project in accerdance with City
standards and specifications; and
WHEREAS, RouHey wishes to dedicate the water main utility extension
improvements along Oak Street to the City; and
WHEREAS, City and Routley wish to share in the cost of the construction of the
project.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. GENERAL CONDITIONS.
1.1 Routley will begin work on the Project on or about July 1, 2020. The Project will
be substantiatly completed by the end of 2020. An initial plan for the Project is attached
as Exhibit 1. Project description is as follows:
Extension of a 6" diameter DIP water main (approx. 284' +/-) afong Oak Street
adjacent to the Routley Property.
1.2 Work on the Project may not commence until this Agreement is executed by City
and Routley.
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1.3 Routley is responsible for and will pay for all construction costs related to the
Project, except for water main materials as described below. Routley is responsible for
the restoration of ground surface to original condition.
1.4 City will provide and pay for all public water main pipe materials and
appurtenances for the project. City will not provide or pay for any private water service
line material and appurtenances.
1.5 No water connection fees will be required on the Routley properties described
above.
1.6 The City will charge Routley a monthly water usage fee based on water
consumption once the project is accepted by City Council.
1.7 Routley will be responsible for all costs related to the installation of all new water
service lines to the Routley Property.
SECTION 2. PLANS AND PERMITS.
2.1 Routley will be responsible for the preparation of final design plans, that meet
current City specification and standards, for the Project prior to cQmmencing work.
Routley will provide and pay for the engineered water main construction documents and
IDNR construction permit.
SECTION 3. INSPECTIONS AND ACCEPTANCE.
3.1 Routley will dedicate the public water main improvements to City for ownership
and maintenance by City.
3.2 City wil� provide assistance with pressure and bacterial testing.
3.3 The City will inspect the Project throughout its implementation and at its
completion, at no cost to RouUey, to ensure compliance with the approved plans and
specifications. If the inspection establishes that the Project has been completed in
accordance with the approved plans and City requirements and specifications, the
Project will be accepted by City Councii for ownership and maintenance.
SECTION 4. INSURANCE AND INDEMNIFICATION.
4.1 Routley agrees to hold harmless and indemnify City, and its officers, agents and
employees, against any and all claims, actions, demands, losses, liabilities or legal
expenses that may arise on account of injury to any person or damage to any property
occurring in connection with the Project. This indemnification includes, but is not limited
to, any liability or obligation of the City arising from any claim by Routley or any person,
firm, or corporation providing services for Routley in connection with the Project.
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4.2 At all times during the Project, from commencement of work to acceptance by the
City of the Project, any contractors or subcontractors hired by Routley to perform work
on the Project must comply with the insurance requirements set forth in the insurance
Schedule F, attached as Exhibit 2.
4.3 Any contractors or subcontractors hired by Routley will be responsible applying
for and securing and permits for working in the public street right of way, and all other
permits as applicable.
SECTION 5. MISCELLANEOUS.
5.1 This Agreement may not be assigned without the prior written permission of the
City. Such written approval will not be unreasonably withheld.
5.2 This Agreement represents the entire Agreement between the parties. There are
no verbal additions to this Agreement, and all amendments, additions or changes to this
Agreement must be in writing and agreed to by both parties.
5.3 All covenants, conditions, and provisions of this Agreement will inure to the
benefit of and be binding upon the parties hereto and their respective successors, heirs
and assigns.
5.4 This Agreement is governed by the laws of the State of lowa and venue for any
action arising from or related to this Agreement will be in the District Court of Iowa,
Dubuque County, lowa.
5.5 If any term of this Agreement is found to be void or invalid, such invalidity will not
affect the remaining terms of this Agreement, which will continue in full force and effect.
5.6 All Riders and Exhibits attached hereto form material parts of this Agreement.
3
5.7 All notices and corresponder�ce relatec� to this AgreemEnt must be sent to the
following:
ff to Routley: Routley Construction, LLC
Jonathan J. Routiey
12701 Prairie View D�,
Peosta, IA 52p68
If to C�ty: City of Dubuque, lowa
Attention: Denise Ihrig, Water Department Manager
1902 Hawthor�e St.
. Dubuque, lowa 520D1
CITY OF DUBUQUE, 10WA
By:
Michae! C. Van Milligen
City Manager
ROUTLEY CONSTRUCTiON, LLC
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Jor�athan �. Routl�y
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5.7 All notices and correspondence related to this Agreement must be sent to the
following:
If to Routley: Routley Construction, LLC
Jonathan J. Routley
12701 Prairie View Dr.
Peosta, IA 52068
If to City: City of Dubuque, lowa
Attention: Denise Ihrig, Water Department Manager
1902 Hawthorne St.
Dubuque, lowa 52001
CITY OF DUBUQUE, IOWA
By:
Michael C. Van Milligen
City Manager
ROUTLEY CONSTRUCTION, LLC
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By. �. �� ;' -
Jonathan J. Routley /
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