Upper Bee Branch Creek Restoration Project Agreement_B&M Properties Storage Copyright 2014
City of Dubuque Consent Items # 6.
ITEM TITLE: Upper Bee Branch Creek Restoration Project& Pump
Station Agreement
SUMMARY: City Manager recommending approval of an agreement
whereby the City of Dubuque would, as part of the Upper
Bee Branch Creek Restoration Project, replace the existing
gravity sanitary sewer service lateral at 525 East 19th Street
with a private sanitary sewer pump station and associated
force main discharge pipe located in the Pine Street right-
of-way.
RESOLUTION Approving an Agreement Between the City
of Dubuque, Iowa and B & M Properties & Storage, LLC
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Upper Bee Branch Creek Restoration Project& Pump City Manager Memo
Station Agreement-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Agreement Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Upper Bee Branch Creek Restoration Project & Pump Station Agreement
B & M Properties & Storage LLC Property at 525 East 19th Street
DATE: February 13, 2017
City Engineer Gus Psihoyos recommends City Council approval of an agreement
whereby the City of Dubuque would, as part of the Upper Bee Branch Creek
Restoration Project, replace the existing gravity sanitary sewer service lateral at 525
East 19th Street with a private sanitary sewer pump station and associated force main
discharge pipe located in the Pine Street right-of-way. The City of Dubuque would own
and maintain the pump station and force main after the project has been completed,
inspected and accepted by the City Council. B & M Properties & Storage, LLC would
pay all electricity usage costs associated with the operation of the pump station unit in
perpetuity.
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
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
THE CITY OF Dubuque!
'DUBUQ 911-AmencaCiiY
i r
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer tA
SUBJECT: Upper Bee Branch Creek Restoration Project &
Pump Station Agreement — B & M Properties & Storage LLC Property at
525 East 19th Street
DATE: February 10, 2017
INTRODUCTION
The purpose of this memorandum is to request City Council approval of an agreement
whereby the City of Dubuque would, as part of the Upper Bee Branch Creek
Restoration Project, replace the existing gravity sanitary sewer service lateral at 525
East 19th Street with a private sanitary sewer pump station and associated force main
discharge pipe located in the Pine Street right of way. The City of Dubuque would own
and maintain the pump station and force main after the project has been completed,
inspected and accepted by the City Council. B & M Properties & Storage, LLC would
pay all electricity usage costs associated with the operation of the pump station unit in
perpetuity.
BACKGROUND
The City, while installing a storm sewer main in the Pine Street right of way for said
project, found a conflict with the proposed location the storm sewer and the location of
the existing private sanitary sewer lateral serving the building at the subject property.
DISCUSSION
The City proposes to remedy the utility location conflict by replacing the existing gravity
sanitary sewer service lateral with a private sanitary sewer pump station and associated
force main discharge pipe, all located in the Pine Street right of way, and install the
proposed storm sewer improvements in the location shown on the approved plans for
the Upper Bee Branch Creek Restoration Project. The terms of the agreement are as
follows:
1. City agrees to install, at no cost to B & M, a private sanitary sewer pump station
and associated force main discharge pipe in the Pine Street right of way. City
agrees to make all necessary connections to public sanitary sewer main on
Garfield Avenue and to the existing private sanitary sewer service line serving
the building on said Lot 12.
2. City agrees to own and maintain, except as stated below, said pump station and
discharge piping in perpetuity.
3. B & M agrees to pay all electricity usage costs associated with the operation of
the pump station unit in perpetuity.
4. B & M agrees to own and maintain all gravity sanitary sewer lateral piping
between said pump station and buildings located on said Lot 12.
5. B & M agrees to contact a plumbing contractor, who has been approved by the
City Engineer, and the City of Dubuque Police Department Dispatch Office in all
cases of equipment malfunction associated with the pump station and discharge
piping.
6. At such time that the City should extend sanitary sewer main adjacent to this
property, the pump system shall be abandoned by the City, the City shall install a
new sewer service connection to the new sewer main, and this agreement shall
become null and void.
A copy of the agreement executed by B & M Properties and Storage, LLC is attached.
RECOMMENDATION
I recommend that the City approve the Agreement to replace the existing gravity
sanitary sewer service lateral with a private sanitary sewer pump station and associated
force main discharge pipe per the terms of the attached Agreement.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution approving the Agreement and
authorizing the City Manager to execute said agreement.
Attach.
cc: Steve Brown, Project Engineer
Nate Kieffer, PLS
RESOLUTION NO. 56-17
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND B &
M PROPERTIES & STORAGE, LLC
WHEREAS, the City of Dubuque is party to an Agreement with B & M Properties &
Storage, LLC, whereby the City of Dubuque would, as part of the Upper Bee Branch
Creek Restoration Project, replace the existing gravity sanitary sewer service lateral at 525
East 19th Street with a private sanitary sewer pump station and associated force main
discharge pipe located in the Pine Street right of way; and
WHEREAS, the City of Dubuque would own and maintain said sanitary sewer
pump station and associated force main discharge pipe after the project has been
completed, inspected and accepted by the City Council; and
WHEREAS, B & M Properties & Storage, LLC would pay all electricity usage costs
associated with the operation of the pump station unit in perpetuity; and
WHEREAS, B & M Properties & Storage, LLC, has executed the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the Agreement
on behalf of the City of Dubuque
Passed, approved, and adopted this 20th day of Februa, 2017.
Roy D. Bql, Mayor
Attest:
Kevin/S. Firnstahl, City Clerk
Prepared bv: Nate Kieffer, City of Dubuoue, 50 West 13th Street. Dubuoue, IA 52001 (5631589-4270
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
B & M PROPERTIES & STORAGE, LLC
FOR THE UPPER BEE BRANCH CREEK
RESTORATION PROJECT
This Agreement is made and entered into by and between the City of Dubuque,
Iowa (City) and B & M Properties & Storage, LLC (B & M), this 7 day of
NbVern be 'r , 2016.
WHEREAS, B & M is the owner of the following described real property in the
City of Dubuque, Iowa, abutting Pine Street and East 19th Street:
Lot 12 of East Dubuque Addition, common address 525 East 19th Street, in the
City of Dubuque, Dubuque County, Iowa; and
WHEREAS, the City, while installing a storm sewer main in the Pine Street right
of way for said project, found a conflict with the proposed location the storm sewer and
the location of the existing private sanitary sewer lateral serving the building on said Lot
12; and
WHEREAS, the City proposes remedy the utility location conflict by replacing the
existing gravity sanitary sewer service lateral with a private sanitary sewer pump station
and associated force main discharge pipe, all located in the Pine Street right of way and
install the proposed storm sewer improvements in the location shown on the approved
plans for the Upper Bee Branch Creek Restoration Project.
WHEREAS, City and B & M are willing to enter into this Agreement, but only
upon the terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
. City agrees to install, at no cost to B & M, a private sanitary sewer pump station and
associated force main discharge pipe in the Pine Street right of way. City agrees to
make all necessary connections to public sanitary sewer main on Garfield Avenue
and to the existing private sanitary sewer service line serving the building on said Lot
12.
2. City agrees to own and maintain, except as stated below, said pump station and
discharge piping in perpetuity.
3. B & M agrees to pay all electricity usage costs associated with the operation of the
pump station unit in perpetuity.
4. B & M agrees to own and maintain all gravity sanitary sewer lateral piping between
said pump station and buildings located on said Lot 12.
5. B & M agrees to contact a plumbing contractor, who has been approved by the City
Engineer, and the City of Dubuque Police Department Dispatch Office in all cases of
equipment malfunction associated with the pump station and discharge piping.
6. At such time that the City should extend sanitary sewer main adjacent to this
property, the pump system shall be abandoned by the City, the City shall install a
new sewer service connection to the new sewer main, and this agreement shall
become null and void.
This agreement is subject to final approval by the City Council of the City of Dubuque.
This agreement shall be binding upon the parties, their successors, assigns and
personal representatives. Time is of the essence on all undertakings. This agreement
shall be enforced under the laws of the State of Iowa. This is the entire agreement.
Attest:
Kevin S. rims
CITY OF DU
UQUE, IOWA
ahl, CMC, City Clerk Roy D. Buo ayor
B & M Properties & Storage, LLC
Attes
h, Agent