Dubuque County - City of Dubuque Intergovernmental 28E Agreement: Northwest Arterial - State of Good Repair ProjectCopyrighted
April 18, 2022
City of Dubuque Consent Items # 15.
City Council Meeting
ITEM TITLE: Dubuque County- City of Dubuque Intergovernmental 28E Agreement:
Northwest Arterial - State of Good Repair Project
SUMMARY: City Manager recommending City Council adopt a resolution authorizing
the Mayor to execute an Intergovernmental 28E Agreement between
Dubuque County and the City of Dubuque for the BUI LD Grant
"Improving the Northwest Arterial / John Deere Road Corridor for Freight
Mobility" Project.
RESOLUTION Approving an Intergovernmental 28E Agreement
between the City of Dubuque and Dubuque County for the Build Grant
"Improving the Northwest Arterial / John Deere Road Corridorfor Freight
Mobility" Project
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description
Type
Dubuque County - City of Dubuque Intergovernmental City Manager Memo
28E Agreement-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
28E Agreement Supporting Documentation
THE CITY
DUOF
B TEE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
SUBJECT: Dubuque County - City of Dubuque Intergovernmental 28E Agreement
Northwest Arterial - State of Good Repair Project
US Highway 20 to John F. Kennedy Road
Iowa DOT Project No. STBG-SWAP-2100 (702)--SG-31
Iowa DOT Project No. CS-TSF-2100 (700)--85-31
Dubuque County John Deere Road Build Grant Project
Iowa DOT Project No. HDP-0031(110)--6B-31
DATE: April 14, 2022
Assistant City Engineer Robert Schiesl is recommending City Council adopt a resolution
authorizing the Mayor to execute an Intergovernmental 28E Agreement between
Dubuque County and the City of Dubuque for the BUILD Grant "Improving the
Northwest Arterial / John Deere Road Corridor for Freight Mobility" Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Robert Schiesl, Assistant City Engineer
THE CITY OF
Dubuque
kviftil
DUB E
All -America City
Masterpiece on the Mississippi
2017*201g
TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Robert Schiesl, Assistant City Engineer
DATE: April 14, 2022
SUBJECT: Dubuque County - City of Dubuque Intergovernmental 28E Agreement
Northwest Arterial - State of Good Repair Project
US Highway 20 to John F. Kennedy Road
Iowa DOT Project No. STBG-SWAP-2100 (702)--SG-31
Iowa DOT Project No. CS-TSF-2100 (700)--85-31
Dubuque County John Deere Road Build Grant Project
Iowa DOT Project No. HDP-0031(110)--6B-31
INTRODUCTION
The enclosed resolution authorizes the Mayor to execute an Intergovernmental 28E
Agreement between Dubuque County and the City of Dubuque for the BUILD Grant
"Improving the Northwest Arterial / John Deere Road Corridor for Freight Mobility"
Project.
BACKGROUND
Dubuque County was awarded a federal BUILD Grant for "Improving the Northwest
Arterial/John Deere Road Corridor for Freight Mobility" and making capacity and safety
improvements to John Deere Road. The Northwest Arterial - State of Good Repair
Project was added to the BUILD Grant project because it is a critical freight route that
connects to South John Deere Road. The Northwest Arterial - State of Good Repair
Project will also provide the non-federal local match to the Dubuque County BUILD
Grant.
The Northwest Arterial project was originally anticipated to be completed by the Iowa
DOT, however as part of the executed Transfer of Jurisdiction Agreement (TOJ), the
City agreed to be the lead local agency responsible for completing the Northwest
Arterial - State of Good Repair improvements.
Due to the federal funds associated with the BUILD Grant, the Federal Highway
Administration (FHWA) is the lead regulatory agency and responsible for administering
the project in coordination with the Iowa DOT. As a result of the Northwest Arterial being
incorporated into the BUILD Grant, the FHWA is requiring that both the Dubuque
County John Deere Road Project and the City's Northwest Arterial Project be "tied"
together through the Iowa DOT's Office of Contracts bid letting process. Additionally,
since the BUILD Grant was awarded to Dubuque County, this requires County to be the
lead Contracting Authority for both Projects.
DISCUSSION
The Northwest Arterial — State of Good Repair Project will be packaged and bid as part
of Dubuque County's John Deere Road Build project, which is scheduled for letting on
April 19, 2022, through the Iowa DOT in Ames.
The City and County desire to enter into a 28E Agreement to outline the roles and
responsibilities for contracting and administering both the Dubuque County John Deere
Road Project and the City's Northwest Arterial Project.
Dubuque County will be the Contracting Authority and the lead agency for entering into
a public improvement contract with a contractor for the construction of the John Deere
Road Project and the City's Northwest Arterial Project. The County will be responsible
for funding all aspects of construction, the administration and inspection for the John
Deere Road Project.
The City will be responsible for funding all aspects of construction, the administration
and inspection for the Northwest Arterial - State of Good Repair Project. The City will
issue progress payment(s) directly to the contractor and then request reimbursement
from the Iowa DOT.
RECOMMENDATION
I recommend that the City Council approve the attached resolution authorizing the
Mayor to sign the Intergovernmental 28E Agreement between Dubuque County and the
City for the BUILD Grant "Improving the Northwest Arterial/John Deere Road Corridor
for Freight Mobility" Project.
ACTION TO BE TAKEN
I respectfully request City Council approval of the attached resolution authorizing the
Mayor to sign the Intergovernmental 28E Agreement between Dubuque County and the
City for the BUILD Grant "Improving the Northwest Arterial/John Deere Road Corridor
for Freight Mobility" Project.
Prepared by: Nathan Steffen, PE, Civil Engineer
cc: Jenny Larson, Budget Director
Anthony Bardgett, PE, Dubuque County Engineer
Kent Ellis, PE, Iowa DOT, Local Systems Engineer
Chandra Ravada, ECIA
F:\PROJECTS\SW ARTERIAL - IA HYW 32\County - 28E Agreement
Prepared by Robert Schiesl City of Dubuque Engineering 50 W. 13'h St Dubuque IA 52001 (563)589 4270
Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 13'h St. Dubuque, IA 52001 (563)589-4100
RESOLUTION NO. 129-22
RESOLUTION APPROVING AN INTERGOVERNMENTAL 28E AGREEMENT
BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY FOR THE BUILD
GRANT "IMPROVING THE NORTHWEST ARTERIAL / JOHN DEERE ROAD
CORRIDOR FOR FREIGHT MOBILITY" PROJECT
WHEREAS, Dubuque County was awarded a Federal BUILD Grant for "Improving
the Northwest Arterial/John Deere Road Corridor for Freight Mobility" and making
capacity and safety improvements to John Deere Road; and
WHEREAS, the Northwest Arterial - State of Good Repair Project was added to
the BUILD Grant project because it is a critical freight route that connects to South John
Deere Road; and
WHEREAS, the Northwest Arterial - State of Good Repair Project will also provide
the non-federal local match to the Dubuque County BUILD Grant; and
WHEREAS, the FHWA is requiring that both the Dubuque County John Deere
Road Project and the City's Northwest Arterial Project be "tied" and packaged together
through the Iowa DOT's Office of Contracts bid letting process; and
WHEREAS, Dubuque County will be the Contracting Authority and the lead
agency for entering into a public improvement contract for the construction of the John
Deere Road Project and the City's Northwest Arterial Project; and
WHEREAS, the City and County desire to enter into an Intergovernmental 28E
Agreement to outline the roles and responsibilities for contracting and administering both
the Dubuque County John Deere Road Project and the City's Northwest Arterial Project,
a copy of which 28E Agreement is attached hereto; and
WHEREAS, the County will be responsible for all aspects of construction
administration and inspection for the John Deere Road Project; and
WHEREAS, the City will be responsible for all aspects of construction
administration and inspection for the Northwest Arterial - State of Good Repair Project;
and
WHEREAS, the City will issue progress payment(s) directly to the contractor and
then request reimbursement from the Iowa DOT; and
WHEREAS, the City Council finds that it is the best interests of the City of Dubuque
to approve the Intergovernmental 28E Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, THAT:
SECTION 1. The Intergovernmental 28E Agreement between Dubuque County
and the City of Dubuque for the BUILD Grant "Improving the Northwest Arterial/John
Deere Road Corridor for Freight Mobility' Project is hereby approved.
SECTION 2. The Mayor is authorized and directed to execute the
Intergovernmental 28E Agreement on behalf of the City of Dubuque.
Passed, approved, and adopted this 18th day of April 2022.
Attest:
Adrienne N. Breitfelder, City Clerk
�0 ,
Brad ... agh, Mayor
Preparer's Name: Robert D. Schiesl Address: 50 W. 131h St., Dubuque, Iowa 52001 Telephone: (563) 589-4270
Return To: Dubuque County Engineer Address: 1225 Seippel Road, Dubuque, Iowa 52002 Telephone: (563) 557-7283
----------------------------------------------------------------------------------------------------
INTERGOVERNMENTAL 28E AGREEMENT
BETWEEN
DUBUQUE COUNTY AND THE CITY OF DUBUQUE
FOR THE FUNDING, ADMINISTRATION, AND IMPLEMENTATION OF A PROJECT
FOR IMPROVING THE NORTHWEST ARTERIAL / JOHN DEERE ROAD CORRIDOR
FOR FREIGHT MOBILITY, PROJECT NO. HDP-0031(110)--6B-31,
STBG-SWAP -2100(702)--SG-31, AND CS-TSF-2100(700)--85-31
This Agreement, dated for reference purposes the 25th day of April , 2022, is
made and entered into pursuant to Iowa Code Chapter 28E Section 161A.7(1)(d) by and
between Dubuque County (hereinafter "County"), located at 720 Central Ave, Dubuque
IA 52001, and the City of Dubuque (hereinafter "City"), located at 50th W 13th Street,
Dubuque IA 52001, and takes effect upon execution by County and City.
I. PURPOSE
County was awarded a BUILD Grant for "Improving the Northwest Arterial/John
Deere Road Corridor for Freight Mobility" and making capacity and safety
improvements to John Deere Road. City's Northwest Arterial - State of Good
Repair Project was added to the BUILD grant project because it is a critical freight
route that connects to South John Deere Road. City's Northwest Arterial - State of
Good Repair Project will provide the non-federal local match to the County BUILD
Grant.
This Agreement is entered into by the Parties for the purpose of establishing the
roles and responsibilities for contracting, administering, and coordinating between
County and City for the "Improving the Northwest Arterial/John Deere Road
Corridor for Freight Mobility" Project (hereinafter "the Overall Project").
County's portion of the Overall Project is the "John Deere Road Build" Project,
Iowa DOT Project No. HDP-0031(110)--6B-31 (hereinafter "the County Portion").
City's portion of the Overall Project is the "NW Arterial - State of Good Repair"
Project, Iowa DOT Project No. STBG-SWAP-2100(702)--SG-31 and the
"Northwest Arterial Eastbound JF Kennedy Road Left Turn Lane" Project, Iowa
DOT Project No. CS-TSF-2100(700)--85-31 (hereinafter "The City Portion").
This Agreement provides for the manner in which the Parties shall cooperate with
one another to successfully implement and fund the Overall Project. County's
Portion and City's Portion shall be "tied" via the Iowa DOT's Contracts and
Specifications Bureau's letting process which requires County to be the
Contracting Authority for the Overall Project
II. TERM
This Agreement shall begin on the 25t" day of April , 2022 and terminate
when the Overall Project is completed and closed out with the Iowa DOT and the
Federal Highway Administration (FHWA).
III. ADMINISTRATION
County will act as the Contracting Authority for the Overall Project and shall be
responsible for administering the terms of this Agreement. No separate legal entity
is created by this Agreement.
IV. HOLDING OF PROPERTY UNDER THIS AGREEMENT
This Agreement does not require the Parties to acquire any real property. Property
created or otherwise acquired by County and City as part of this Project shall
belong to each party separately.
V. DUBUQUE COUNTY RESPONSIBILTIES
County shall be responsible for the following:
1. Being the Contracting Authority for the Overall Project.
2. Administering all contract and project related documents for the Overall Project.
3. Seeking concurrence from City regarding the acceptance of contract bids and
awarding and signing the construction contract.
4. Seeking concurrence from City regarding any change order or contract
modification to the City Portion of the Overall Project.
5. Being responsible for reviewing, approving, and signing any change order or
contract modification to the City Portion of work as the Contracting Authority.
6. Funding all aspects of the County Portion of the Overall Project.
7. Managing, administering, and retaining the Overall Project construction
contract retainage (max $30,000) and applying it to the County Portion of the
Overall Project.
8. Managing and administering the Overall Project contract DBE Goal and
applying it to the County Portion of the Overall Project.
VI. CITY OF DUBUQUE RESPONSIBILITIES
City shall be responsible for the following:
1. Funding all aspects of the City Portion of the Overall Project including the City's
own administrative costs associated with this Agreement, including the costs
of the City's own time, resources, and employees' labor.
2. Issuing progress payment(s) directly to the contractor for 100% of the
associated costs for the City Portion of the Overall Project.
3. Requesting reimbursement directly from the Iowa DOT for STBG SWAP and
TSIP funds applicable to the City Portion of the Overall Project.
4. Being responsible for all aspects of administration and inspection of the
construction contract for the City Portion of the Overall Project. This includes
providing daily, on -site field inspection of the contractor's work activities and
processing all necessary documentation and record keeping associated with
the construction administration of the contracted work.
5. Being responsible for preparing, approving, and signing any change order or
contract modification to the City Portion of work as the Project Engineer and
the "Person in Responsible Charge", and submitting any change order or
contract modification to the City Portion of work to the County for review.
6. Being responsible for ensuring that all project construction has been completed
and all the necessary documentation and record keeping as required by the
construction contract has been provided for the City Portion of the Overall
Project.
7. Coordinating with County, in a timely manner, submitting all project
documentation and record keeping as required by the Iowa DOT or FHWA for
the City Portion of the Overall Project.
8. Not including or withholding construction contract retainage on payment(s) to
the contractor for the City Portion of the Overall Project.
VII. COMMUNICATIONS
1. Each Party shall designate an individual to represent that Party's interest in the
Agreement. Unless otherwise designated in writing, the signatories to this
Agreement shall constitute each Party's designee and primary contact.
2. County and City shall meet quarterly at a joint worksession as agreed to by
County and City to discuss Overall Project progress and related expenses.
VIII. PARTNERSHIP OR JOINT VENTURE
The Parties to this Agreement acknowledge that they have no duties or
responsibilities to each other, financial or otherwise, except as described herein.
The Parties remain independent, with this Agreement not forming a partnership or
joint venture, and neither Party has authority to execute agreements or take action
on the other Party's behalf except as described herein.
IX. ENTIRE AGREEMENT
This Agreement contains the entire Agreement of the Parties, integrates all of
the terms and conditions contained in and incidental to such Agreement, and
supersedes all prior negotiations and communications concerning this
Agreement, oral or written, between the Parties, their agents, employees and
representatives. No modifications or waiver of any provision in this Agreement
shall be valid unless in writing and signed by the Parties. If, for any reason,
any provisions of this Agreement shall be inoperative, the validity and effect of
the other provisions shall not be affected thereby.
2. If any provisions of this Agreement are found to be invalid by any court,
administrative agency, or tribunal of competent jurisdiction, the invalidity of any
such provision shall not affect the validity of the remaining provisions hereof.
3. This Agreement shall be binding upon and inure to the benefit of the Parties
and their respective successors and assigns. The Parties agree that neither
County nor City shall have the right to assign their rights and obligations
hereunder without prior written consent of the other Party.
X. WARRANTIES AND SPECIAL COVENANT
1. Subject to the express rights and limitations set forth herein, the Parties warrant
and represent that they are duly authorized to enter into this Agreement.
2. The Parties warrant and represent they have the funding and ability to carry out
their obligations hereunder and have the power and authority to enter into the
transactions contemplated by this Agreement.
3. The Parties agree that when this Agreement is duly executed and delivered, by
the Parties hereto, this Agreement will be the valid and binding obligation
of County and City in accordance with its terms.
XI. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Iowa.
XII. AMENDMENTS
This Agreement may be amended from time to time by written agreement of the
Parties, signed by the Parties, and filed in an electronic format with the Iowa
Secretary of State as required by Iowa Code section 28E.8(1)(b) (2022).
XIII. TERMINATION
Either Party may terminate this Agreement at any time upon thirty (30) days written
notice delivered to the other Party. Upon termination of this Agreement, the Parties
agree to use their best efforts to wrap up all operations undertaken pursuant to this
Agreement. In the event of a conflict as to the distribution of funding associated
with the administration of the Agreement, such conflict shall be resolved between
the Parties by arbitration paid for equally between the disputing parties.
XIV. LIABILITY
To the fullest extent permitted by law, County and City shall indemnify and hold
harmless each other from and against all claims, losses, damages, liabilities
including reasonable attorneys' fees, costs and expenses, for bodily injury,
sickness or death, and property damage, other than property insured, that may
arise from the performance of or the failure to perform their responsibilities under
this Agreement, but only to the extent caused by the negligent acts or omissions
of that Party, that Party's consultants or anyone employed directly or indirectly by
that Party or by anyone for whose acts that Party may be liable.
XV. FILING AND RECORDING
It is agreed that County will file this Agreement in an electronic format with the Iowa
Secretary of State as required by Iowa Code section 28E.8 (2020).
IN WITNESS WHEREOF, and in consideration of the mutual covenants set forth herein
and for other good and valuable consideration, the receipt, adequacy, and legal
sufficiency of which are hereby acknowledged, the Parties have entered into this 28E
Agreement and have caused their duly authorized representatives to execute this 28E
Agreement.
APPROVED BY: DUBUQUE COUNTY BOARD OF SUPERVISORS
Date: 2511 day of April , 2022.
Harley Pothoff, Chair
Dubuque County Board of Supervisors
ATTEST:
Mary J. Habel, Dubuque County Deputy Auditor
On this this 25th day of April , 2022, before me, Jenny Hillary, a Notary
Public, in and for the State of Iowa, personally appeared Harley Pothoff and Mary J.
Habel, to me personally known and who, being duly sworn, did say that they are the
Chairperson of the Board of Supervisors and Deputy Auditor, respectively, of the County
of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the corporate seal
of the corporation, and that the instrument was signed and sealed on behalf of the
corporation, by authority of its Board of Supervisors, as contained in the resolution
adopted by the Board of Supervisors of Dubuque County on the 25th day of April ,
2022, and Harley Pothoff and Mary J. Habel acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
Jenny Hillary, Notary Public
APPROVED BY: CITY OF DUBUQUE, IOWA
Brad M. Cavaggh, Mayor
ATTEST:
Adrienne N. Breitfelder, City Clerk
Date: 19th day of April 2022.
On this 19m day of Aril , 2022, before me, Trish L. Gleason, a Notary Public, in and
for the State of Iowa, personally appeared Brad M. Cavanagh and Adrienne N. Breitfelder
to me personally known and who, being duly sworn, did say that they are the Mayor and
City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
the resolution adopted by the City Council, of the City of Dubuque City Council on the
19th day of April, 2022, and Brad M. Cavanagh and Adrienne N. Breitfelder
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
Commission Number 719MM
Trish L. Gleason, Notary Public �'' MY Commission Expires
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