Tiffany Court - Lead Mine Sinkhole Subsidence Remediation Project: 28E Agreement with State of IowaCity of Dubuque
City Council Meeting
Action Items # 5.
Copyrighted
May 17, 2021
ITEM TITLE: Tiffany Court- Lead Mine Sinkhole Subsidence Remediation Project:
Approve Cooperative 28E Agreement with State of Iowa and approve
Tiffany Court Mine Remediation Site Access Agreement
SUMMARY: City Manager recommending City Council approval of a resolution
authorizing the Mayor to execute a Cooperative 28E Agreement between
the Iowa Department of Agriculture and Land Stewardship and the City of
Dubuque, and the Property Owner Site Access Agreements to allow for
the remediation and mitigation of the lead mine sinkhole subsidence that
developed at 2784 and 2792 Tiffany Court.
RESOLUTION Approving a Cooperative 28E Agreement with the Iowa
Department of Agriculture and Land Stewardship and approving Property
Owner Site Access Agreements for a project to remediate and mitigate
the lead mine sinkhole subsidence at 2784 and 2792 Tiffany Court
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description
Tiffany Court Lead Mine Sinkhole Subsidence
Remediation-MVM Memo
Staff Memo
Resolution
Abba Signed Agreemenet
Friedman Signed Agreement
I DALS Signed Agreement
Type
City Manager Memo
Staff Memo
Resolutions
Supporting Documentation
Supporting Documentation
Supporting Documentation
Dubuque
THE CITY OF
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All-America City
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Tiffany Court - Lead Mine Sinkhole Subsidence Remediation Project
Approve Cooperative 28E Agreement with State of Iowa
Approve Tiffany Court Mine Remediation Site Access Agreement
DATE: May 10, 2021
Assistant City Engineer Bob Schiesl recommends City Council approval of a resolution
authorizing the Mayor to execute a Cooperative 28E Agreement between the Iowa
Department of Agriculture and Land Stewardship (IDALS) and the City of Dubuque, and
the Property Owner Site Access Agreements to allow for the remediation and mitigation
of the lead mine sinkhole subsidence that developed at 2784 and 2792 Tiffany Court.
In February 2021, the Governor issued a letter which authorized IDALS to utilize funds
from Iowa's coal regulatory account, pursuant to Iowa Code section 207.21(2)(b), to
mitigate the lead mine subsidence located at 2784 and 2792 Tiffany Court.
Following this announcement, IDALS approached the City to inquire if the City would be
agreeable to acting as the Local Public Agency and Contracting Authority for the lead
mine sinkhole remediation and mitigation project. The City would also jointly assist
IDALS with project engineering, design, construction observation, project oversight and
administration.
Following the request, the City Attorney's Office worked directly with the State Attorney
Generals Office to prepare a Cooperative 28E Agreement between the City and IDALS.
The Agreement, to the fullest extent permitted by law, indemnifies and holds harmless
each party from and against all claims, losses, damages, liabilities. The Agreement
also makes no guarantees about long-term performance of the constructed remediation
and mitigation, nor may it be construed to provide any protections to any person or
property from future subsidence at 2784 and 2792 Tiffany Court after the remediation
and mitigation is completed.
Pursuant to the terms of the 28E Agreement, IDALS will reimburse the City for allowable
expenditures up to $150,000, unless otherwise approved by IDALS, for contracted work
performed as specified in the approved engineering design plans that is directly related
to the remediation and mitigation of the lead mine subsidence, including, but not limited
to, labor, materials, and equipment. Any such additional costs not covered by IDALS
shall be the sole responsibility of Property Owners.
The City and IDALS will be responsible for their own respective administrative costs
associated with the 28E Agreement, including the costs of administration, resources,
and employees' labor on the project.
Historically in the past, the City's involvement with lead mine sinkhole remediation
repairs were in locations within public right-of-way or on public property. Occasionally,
when sinkholes have developed on private property, the City has provided assistance in
the form of general guidance or recommendation to the property owner but would have
no liability or financial participation in the repair work.
With respect to the large sinkhole that developed on private property (2784 and 2792
Tiffany Court), unfortunately, all tried engineered methods of mitigation efforts to -date
have been unsuccessful and there continues to be on -going funneling and subsidence.
The subsurface collapse has impacted the nearby home and has the potential to impact
public infrastructure, and thus in the interest of public health, safety, and to protect
public property and infrastructure, the City and the State of Iowa have agreed to assist
with the remediate the lead mine sinkhole subsidence.
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
Gus Psihoyos, City Engineer
Robert Schiesl, Assistant City Engineer
2
THE COF
DUi! B E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Robert Schiesl, Assistant City Engineer
DATE: May 12, 2021
Dubuque
All -America Cily
mnnU�nwx; ux�r,
2007-2012.2013
2017*2019
RE: Tiffany Court - Lead Mine Sinkhole Subsidence Remediation Project
Approve Cooperative 28E Agreement with State of Iowa
Approve Tiffany Court Mine Remediation Site Access Agreement
INTRODUCTION
The purpose of this memorandum is to provide background information and request
approval of a Cooperative 28E Agreement between the Iowa Department of Agriculture
and Land Stewardship (IDALS) and the City of Dubuque for a joint partnership project to
remediate the lead mine sinkhole subsidence that developed at 2784 and 2792 Tiffany
Court. The City Council is also requested to approve a Site Access Agreement with the
property owners on Tiffany Court.
BACKGROUND
In September 2018, a large sinkhole developed on private property (2792 Tiffany Court)
which we believe rests on or very near an historically large sub-terrainian crevice
(Stewart's Crevice) related to abandoned lead/zinc mining operations of the 1800's,
based on historical reference in Samuel Calvin's Geology of Dubuque mapped records
of 1858 and 1899.
The subsurface collapse has impacted the nearby residences and has the potential to
impact public infrastructure in and on Tiffany Court. City staff have worked with the
homeowners, Bob and Barb Freidman, and Steve and Kathleen Abba, providing
technical oversite using tried engineered methods of mitigation since the onset of the
sinkhole. Unfortunately, remediation and mitigation efforts have been unsuccessful and
there continues to be on -going funneling and subsidence.
City staff have also reached out to and developed a collaborative network of technical
experts at IDALS; the Iowa Department of Natural Resources ; the Iowa Geological
Survey; the U.S. Geological Survey ; the Office of Surface Mining Reclamation and
Enforcement ; and the Mine Safety and Health Administration. These various agencies
have been a valuable resource in providing technical assistance and guidance to the
property owners and City staff.
In November 2019, the City retained a geotechnical engineering consultant to perform a
geotechnical investigation and subsurface borings in the vicinity of the mine shaft
sinkhole. The objective of the geotechnical investigation was to gather subsurface
information to be able to better define the extent and magnitude of the mine shaft
sinkhole and the potential impact area of the mine or sub-terrainian crevice. The
subsurface information gathered was also used to evaluate and determine if any City
infrastructure assets (street, sewer, water) were at risk.
Both the property owners, the Freidmans and the Abbas, have indicated that their
respective property owner's insurance does not provide coverage for lead mine sinkhole
remediation. The property owners have also reached out to legislative and
congressional staff to inquire and request funding assistance at the state and federal
levels.
DISCUSSION
In December 2020, Mr. Freidman sent a letter to Governor Kim Reynolds requesting
assistance in mitigating the lead mine sinkhole. In February 2021, the Governor issued
a letter which authorized IDALS to utilize funds from Iowa's coal regulatory account,
pursuant to Iowa Code section 207.21(2)(b), to mitigate the lead mine subsidence
located at 2784 and 2792 Tiffany Court.
Following this announcement, IDALS approached the City to inquire if the City would be
agreeable to acting as the Local Public Agency and Contracting Authority for the lead
mine sinkhole remediation and mitigation project. The City would also jointly assist
IDALS with project engineering, design, construction observation, project oversight and
administration.
Following the request, the City Attorney's Office worked directly with the State Attorney
Generals Office to prepare a Cooperative 28E Agreement between the City and IDALS.
The Agreement, to the fullest extent permitted by law, indemnifies and holds harmless
each party from and against all claims, losses, damages, liabilities. The Agreement also
makes no guarantees about long-term performance of the constructed remediation and
mitigation, nor may it be construed to provide any protections to any person or property
from future subsidence at 2784 and 2792 Tiffany Court after the remediation and
mitigation is completed.
Pursuant to the terms of the 28E Agreement, IDALS will reimburse the City for allowable
expenditures up to $150,000, unless otherwise approved by IDALS, for contracted work
performed as specified in the approved engineering design plans that is directly related
to the remediation and mitigation of the lead mine subsidence, including, but not limited
to, labor, materials, and equipment. Any such additional costs not covered by IDALS
shall be the sole responsibility of Property Owners.
The City and IDALS will be responsible for their own respective administrative costs
associated with the 28E Agreement, including the costs of administration, resources,
and employees' labor on the project.
2
SITE ACCESS AGREEMENT
Pursuant to the terms of the 28E Agreement, the City developed and acquired signed
Site Access Agreements with both property owners, the Freidmans and the Abbas,
holding the City and IDLAS harmless in the event of any unforeseen damages resulting
from the lead mine sinkhole remediation and mitigation efforts.
The Site Access Agreement states that the property owners have requested full and
continuing access to the properties for the City and IDALS to perform investigation,
testing, analysis, and if determined necessary by City and IDALS, excavation and
construction and such remediation and mitigation work as City and IDALS determine in
their sole discretion is appropriate.
The Site Access Agreement also clarifies that the City and IDLAS will be completing the
remediation and mitigation work in the interest of public health, safety, general welfare,
private property, and to protect public property and infrastructure.
The Site Access Agreement also states and makes no guarantees about long term
performance of the constructed remediation and mitigation, nor may it be construed to
provide any protections to any person or property from future subsidence at 2784 and
2792 Tiffany Court after the remediation and mitigation is completed.
The Site Access Agreement also acknowledges that IDALS will reimburse the City for
allowable expenditures up to $150,000, unless otherwise approved by IDALS, and any
such additional costs not covered by IDALS shall be the sole responsibility of Property
Owners.
Costs associated with any damage to public or private property, real or personal,
resulting from the remediation work performed is not an eligible reimbursable IDALS
expense. The property owners have agreed, and included in the Site Access
Agreement, are solely responsible for the repair or replacement of any sidewalks,
driveways, or landscaping and the cost thereof which may result from the remediation
work and that City and IDALS will have no responsibility for such repair or replacement
or any ineligible cost.
RECOMMENDATION
Historically in the past, the City's involvement with lead mine sinkhole remediation
repairs were in locations within public right-of-way or on public property. Occasionally,
when sinkholes have developed on private property, the City has provided assistance in
the form of general guidance or recommendation to the property owner but would have
no liability or financial participation in the repair work.
With respect to the large sinkhole that developed on private property (2784 and 2792
Tiffany Court), unfortunately, all tried engineered methods of mitigation efforts to -date
have been unsuccessful and there continues to be on -going funneling and subsidence.
The subsurface collapse has impacted the nearby home and has the potential to impact
public infrastructure, and thus in the interest of public health, safety, and to protect
3
public property and infrastructure, the City and the State of Iowa have agreed to assist
with the remediate the lead mine sinkhole subsidence.
I recommend that the City Council approve and authorized the Mayor to execute the
Cooperative 28E Agreement between the Iowa Department of Agriculture and Land
Stewardship and the City of Dubuque and execute the Property Owner Site Access
Agreements to allow for the remediation and mitigation of the lead mine sinkhole
subsidence that developed at 2784 and 2792 Tiffany Court.
BUDGETIMPACT
IDALS will reimburse the City for allowable expenditures up to $150,000 for work
performed that is directly related to the remediation of the lead mine subsidence.
CIP No.
Fund Description
Fund Amount
1002823
Sinkhole Mine Remediation
$ 150,000.00
Total Project Funding
$ 150,000.00
If at any point project costs are anticipated to exceed $150,000, IDALS must approve all
additional costs.
ACTION TO BE TAKEN
I request that the City Council approve the attached resolution authorizing the Mayor to
execute the Cooperative 28E Agreement between the Iowa Department of Agriculture
and Land Stewardship and the City of Dubuque and the Property Owner Site Access
Agreements to allow for the remediation and mitigation of the lead mine sinkhole
subsidence that developed at 2784 and 2792 Tiffany Court.
cc: Barry Lindahl, Senior Council
Jenny Larson, Director of Finance and Budget
Hugh McCarron, Engineering Technician
Vince Sitzmann, Mike Bourland, IDALS
Attachments
F:\PROJECTS\Tiffany Court Sinkhole - 2019\28E Agreement
12
Prepared by Kerry Bradley City of Dubuque Engineering 50 W. 13 th St. Dubuque, IA 52001 (563)589-4270
Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 13 th St. Dubuque, IA 52001 (563)589-4100
I V *qRJ11A4L0J ii, I 011100i
DEPARTMENT OF AGRICULTURE AND q PROPERTY OWNER SITE ACCESS
REMEDIATE AND MITIGATE THE LEAJ
AND 2792 TIFFANY COURT
WHEREAS, a large sinkhole has developed on private property at 2784 and 2792
Tiffany Court which rests on or very near a historically large sub-terrainian crevice
(Stewart's Crevice) related to abandoned lead/zinc mining operations; and
WHEREAS, a Cooperative 28E Agreement has been agreed to subject to City
Council approval between the Iowa Department of Agriculture and Land Stewardship
(IDALS) and the City of Dubuque (City) for a joint partnership project to remediate and
mitigate the lead mine sinkhole subsidence, a copy of which Cooperative 28E Agreement
is attached hereto; and
WHEREAS, City and IDALS will be completing the remediation and mitigation work
in the interest of public health, safety, general welfare, private property, and to protect
public property and infrastructure; and
WHEREAS, IDALS has agreed to reimburse City for allowable expenditures up to
$150,000.00 forwork performed that is directly related to the remediation of the lead mine
subsidence; and
WHEREAS, City and the property owners affected by the sinkhole have agreed to
a Site Access Agreement which states that the property owners have requested full and
continuing access to the property for City and IDALS to perform investigation, testing,
analysis, and if determined necessary by City and IDALS, excavation and construction
and such remediation and mitigation work as City and IDALS determine in their sole
discretion is appropriate; and
WHEREAS, both the 28E Agreement and Site Access Agreement state and make
no guarantees about long term performance of the constructed remediation and
mitigation, nor may they be construed to provide any protections to any person or property
from future subsidence at 2784 and 2792 Tiffany Court after the remediation and
mitigation is completed; and
WHEREAS, the City Council finds that it is in the bests interest of the City of
Dubuque to approve the28E Agreement and Site Access Agreement because City and
IDALS will be completing the remediation and mitigation work in the interest of public
health, safety, general welfare, private property, and to protect public property and
infrastructure.
NO111TAEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
• DUBUQUE, IOWA, THAT:
Section 1. That the 28E Agreement and Site Access Agreement for a joint
partnership project to remediate and mitigate the lead mine sinkhole subsidence at 2784
and 2792 Tiffany Court is hereby approved.
Section 2. That the Mayor be authorized and directed to execute said Cooperative
28E Agreement and Site Access Agreement to allow for the remediation and mitigation
of the lead mine sinkhole subsidence that developed at 2784 and 2792 Tiffany Court.
Passed, approved and adopted this 17th day of May 2021.
41 k L'-
Roy D/,-K6ol, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
This Agreement is made and entered into this 18th day of may -7
2021, between and among the City of Dubuque, Iowa, an Iowa municipal corporation
(City), Iowa Department of Agriculture and Land Stewardship - Division of Soil
Conservation and Water Quality (IDALS) and Steve and Kathleen Abba (Property
Owners).
WHEREAS, Property Owners are the owners of the real estate shown on Exhibit
A, legally described as Lot 2 Block 2 Tiffany Ridge, locally known as 2784 Tiffany Court
(the Property); and
WHEREAS, there is located on and under the Property an abandoned mine shaft
which has collapsed creating a large sinkhole; and
WHEREAS, the mine shaft and sinkhole constitute a danger to public health and
safety and to City's public right of way and infrastructure located in Tiffany Court; and
WHEREAS, City and IDALS desire access to the Property for investigation of the
sinkhole and potential remediation to eliminate the danger to public health and safety and
to City's public right of way and infrastructure located in Tiffany Court; and
WHEREAS, the Property Owners desires to allow City and IDALS access to the
Property for the purposes described herein and subject to the conditions set forth herein,
NO
FOLLOWS:
SECTION 1. ACCESS TO SITE. Property Owners hereby have requested full and
continuing access to the Property at the sole expense of City and IDALS for investigation,
testing, analysis, and if determined necessary by City and IDALS, excavation and
construction and such other work as City and IDALS determine in their sole discretion is
appropriate (the Proposed Work).
Property Owners hereby grant to City and IDALS, their employees, agents, contractors
and subcontractors a right of entry into, over and upon the Property, including all
necessary and convenient rights of ingress, egress and regress, with all materials and
equipment to conduct the Proposed Work, and to do any and all things necessary and
convenient to effectively carry on said activities, in a good and workmanlike manner,
including but not limited to the temporary storage of equipment and materials and the
construction of temporary access road(s) on the Property. Said right of entry is granted
for the time required to complete the Proposed Work subject to Property Owners
continued ownership and use of the Property.
Property Owners understand and acknowledge that the success of the project cannot be
warranted, and the Proposed Work may not accomplish the intended result. Property
Owners also acknowledges that City and IDALS have no responsibility or liability for any
mine subsistence related damage to Property Owners' property which occurred prior to
or which might occur during or after the Proposed Work, including the Tiffany Court.
It is understood the Proposed Work performed in the project area shall be done by
contractors for City, and City is without authority to assume the risk of injury to persons
or damage to persons or property resulting from the action of the contractors, but City
shall require contractors performing the Work on the Property to obtain and keep in force
liability insurance in the minimum amount of $500,000 per person and $1,000,000 per
occurrence.
It is further understood that City and IDALS are unable to make repairs to structures for
any mine subsistence related damages.
Execution of this Agreement does not obligate City or IDALS to perform any part of the
Proposed Work.
SECTION 2. PAYMENT FOR WORK. IDALS shall reimburse City for allowable
expenditures up to $150,000.00 for work performed as specified in the approved
engineering design plans that is directly related to the remediation of the lead mine
subsidence, including, but not limited to, labor, materials, and equipment. Costs
associated with any damage to public or private property, real or personal, as a result of
work performed is not a reimbursable expense. The reimbursement shall be paid to City
within thirty (30) days from the completion of the project.
City and IDALS agree to timely pay and discharge all claims of any kind by their
contractors, subcontractors and suppliers with respect to any work performed on the
Property, including but not limited to claims for labor or material furnished in connection
therewith the Proposed Work and to defend, indemnify and hold harmless Property
Owners from and against any and all such claims.
Nothing in this Agreement shall preclude City from seeking reimbursement for costs not
covered by IDALS from the private party owner on whose property the work was
conducted by City.
Neither City nor IDALS shall provide additional funding above and beyond the $150,000
amount provided for by IDALS in connection with the Emergency Project unless otherwise
approved by IDALS. Any such additional funding shall be the sole responsibility of
Property Owners.
SECTION 3. PROPERTY OWNERS' RESPONSIBILITY. Notwithstanding the
foregoing, Property Owners agree they shall be solely responsible for the repair or
SECTION 3. PROPERTY OWNERS' RESPONSIBILITY, Notwithstanding the
foregoing, Property Owners agree they shall be solely responsible for the repair or
replacement of any sidewalks, driveways, or landscaping and the cost thereof which
may result from the Proposed Work and that City and IDALS shall have no responsibility
for such repair or replacement or the cost thereof.
SECTION 4. CONDITION OF THE SITE, City and IDALS shall ensure that all Proposed
Work is done in accordance with all applicable laws and permits and in a good worker -
like manner. City and IDALS and their contractors shall daily leave the Property in a
safe condition. City and IDALS are solely responsible for obtaining any and all permits
required for the Proposed Work, City shall be solely responsible for identifying any and
all utilities serving the Property prior to conducting invasive work on the Property.
SECTION 5. INDEMNIFICATION, City and IDALS shall defend, indemnify and hold
harmless Property Owners from and against any claim and cost of any kind, including
without limitation, attorneys' fees and consulting fees, arising out of the negligence of
City or IDALS, to the extent allowable by law, in the performance of the Proposed Work
by or on behalf of City or IDALS and their contractors, subcontractors and suppliers.
This obligation shall survive the termination of this Agreement.
By:
Roy D. u 'ol
Mayor
PROPERTY OWNERS
STEVE ABBA
By:
Julie Kenney
Deputy Secretary of Agriculture
.&THLEEN ABBA
- &17
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;4
_TIFFANY
VMI3
4
SITE ACCESS AGREEMENT
BETWEEN AND AMONG
THE CITY OF DUBUQUE, IOWA,
OF SOIL CONSERVATION AND WATER QUALITY,
AND
ROBERT L. AND BARBARA J. FREIDMAN
This Agreement is made and entered into this -18th day of may 1
2021, between and among the City of Dubuque, Iowa, an Iowa municipal corporation
(City), Iowa Department of Agriculture and Land Stewardship - Division of Soil
Conservation and Water Quality (IDALS) and Robert L. and Barbara J. Freidman
(Property Owners).
WHEREAS, Property Owners are the owners of the real estate shown on Exhibit
A, legally described as Lot 1 Block 2 Tiffany Ridge, locally known as 2792 Tiffany Court
(the Property); and
WHEREAS, there is located on and under the Property an abandoned mine shaft
which has collapsed creating a large sinkhole; and
WHEREAS, the mine shaft and sinkhole constitute a danger to public health and
safety and to City's public right of way and infrastructure located in Tiffany Court; and
WHEREAS, City and IDALS desire access to the Property for investigation of the
sinkhole and potential remediation to eliminate the danger to public health and safety and
to City's public right of way and infrastructure located in Tiffany Court; and
WHEREAS, the Property Owners desires to allow City and IDALS access to the
Property for the purposes described herein and subject to the conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND AMONG THE PARTIES AS
FOLLOWS:
SECTION 1. ACCESS TO SITE. Property Owners hereby have requested full and
continuing access to the Property at the sole expense of City and IDALS for investigation,
testing, analysis, and if determined necessary by City and IDALS, excavation and
construction and such other work as City and IDALS determine in their sole discretion is
appropriate (the Proposed Work).
Property Owners hereby grant to City and IDALS, their employees, agents, contractors
and subcontractors a right of entry into, over and upon the Property, including all
necessary and convenient rights of ingress, egress and regress, with all materials and
equipment to conduct the Proposed Work, and to do any and all things necessary and
convenient to effectively carry on said activities, in a good and workmanlike manner,
including but not limited to the temporary storage of equipment and materials and the
construction of temporary access road(s) on the Property. Said right of entry is granted
for the time required to complete the Proposed Work subject to Property Owners
continued ownership and use of the Property.
Property Owners understand and acknowledge that the success of the project cannot be
warranted, and the Proposed Work may not accomplish the intended result. Property
Owners also acknowledges that City and IDALS have no responsibility or liability for any
mine subsistence related damage to Property Owners' property which occurred prior to
or which might occur during or after the Proposed Work, including the Tiffany Court.
It is understood the Proposed Work performed in the project area shall be done by
contractors for City, and City is without authority to assume the risk of injury to persons
or damage to persons or property resulting from the action of the contractors, but City
shall require contractors performing the Work on the Property to obtain and keep in force
liability insurance in the minimum amount of $500,000 per person and $1,000,000 per
occurrence.
It is further understood that City and IDALS are unable to make repairs to structures for
any mine subsistence related damages.
Execution of this Agreement does not obligate City or IDALS to perform any part of the
Proposed Work.
SECTION 2. PAYMENT FOR WORK. IDALS shall reimburse City for allowable
expenditures up to $150,000.00 for work performed as specified in the approved
engineering design plans that is directly related to the remediation of the lead mine
subsidence, including, but not limited to, labor, materials, and equipment. Costs
associated with any damage to public or private property, real or personal, as a result of
work performed is not a reimbursable expense. The reimbursement shall be paid to City
within thirty (30) days from the completion of the project.
City and IDALS agree to timely pay and discharge all claims of any kind by their
contractors, subcontractors and suppliers with respect to any work performed on the
Property, including but not limited to claims for labor or material furnished in connection
therewith the Proposed Work and to defend, indemnify and hold harmless Property
Owners from and against any and all such claims.
Nothing in this Agreement shall preclude City from seeking reimbursement for costs not
covered by IDALS from the private party owner on whose property the work was
conducted by City.
Neither City nor IDALS shall provide additional funding above and beyond the $150,000
amount provided for by IDALS in connection with the Emergency Project unless otherwise
approved by IDALS. Any such additional funding shall be the sole responsibility of
Property Owners.
SECTION 3. PROPERTY OWNERS' RESPONSIBILITY. Notwithstanding the
foregoing, Property Owners agree they shall be solely responsible for the repair or
2
SECTION 3. PROPERTY OWNERS' RESPONSIBILITY, Notwithstanding the
foregoing, Property Owners agree they shall be solely responsible for the repair or
replacement of any sidewalks, driveways, or landscaping and the cost thereof which
may result from the Proposed Work and that City and IDALS shall have no responsibility
for such repair or replacement or the cost thereof.
I ro BE V00-.19im Lq ff K.- KI ftei a
SECTIONS. INDEMNIFICATION. City and IDALS shall defend, indemnify and hold
harmless Property Owners from and against any claim and cost of any kind, including
without limitation, attorneys' fees and consulting fees, arising out of the negligence of
City or IDALS, to the extent allowable by law, in the performance of the Proposed Work
by or on behalf of City or IDALS and their contractors, subcontractors and suppliers.
This obligation shall, survive the termination of this Agreement,
amn• +.
PROPERTY OWNERS
ROBT L. FRIEDMAN
BARBA4RARIENDM'AN
v
4
EXHIBI
Full Legal Name Organization Type County
Party 1 City of Dubuque City Dubuque
Party 2
IA Department of Agriculture and Land
Stewardship - Division of Soil Conservation
and Water Quality
State Agency Polk
330 - Engineering
Service Type
Providing the terms under which the state agency agrees to reimburse the City for all allowable expenses incurred by the City in the emergency
project to fill and/or cap a sinkhole from an abandoned lead/zinc mining operation
Purpose
12/31/2021
Duration
28E-Agreement-with-Iowa-Dept.-of-Agriculture-and-Land-Stewardship.pdf
Upload Scanned Agreement
Contact Person: (Optional)
Contact First Name
Contact Last Name
Job Title
Department
Phone
Iowa Secretary of State
321 East 12th Street
Des Moines, IA 50319
sos.iowa.gov
FILED
Filing Date: 06/01/2021 09:12 AM
Filing Number: M513757
28E Agreement
Participants
Email Address 1
Preparer: Eric Dirth, Assistant Attorney General PH: 515-281-8153
IOWA DEPARTMENT of JUSTICE, State Capitol Complex, Des Moines, IA
Return to: Vince Sitzmann, Iowa Department of Agriculture & Land Stewardship, Division of Soil
Conservation and Water Quality, 502 East 9th Street, Henry A. Wallace, Des Moines, IA 50319-0050
28E AGREEMENT BETWEEN THE DIVISION OF SOIL CONSERVATION AND WATER
QUALITY and the CITY OF DUBUQUE for FUNDING of the LEAD MINE SUBSIDENCE
EMERGENCY PROJECT at 2784 and 2792 Tiffany Court in DUBUQUE, IOWA
This Agreement by and between the Iowa Department of Agriculture and Land Stewardship -
Division of Soil Conservation and Water Quality (hereinafter "DIVISION"), located at 502 East 9th
Street, Des Moines, Iowa, 50319, and the City of Dubuque (hereinafter "City"), located at City Hall,
50 W 13th Street, Dubuque, Iowa, becomes fully executed on the date signed by the DIVISION. This
Agreement is entered into pursuant to Chapter 28E of the Code of Iowa.
I. PURPOSE
This Agreement is entered into between the Division and City for the purpose of providing the
terms under which the DIVISION agrees to reimburse the City for all allowable expenses
incurred by the City in the emergency project to fill and/or cap a sinkhole from an abandoned
lead/zinc mining operation located at (ADDRESS) ("Emergency Project"). This Agreement is
executed due to the extreme danger to the public health, safety, general welfare, and property
risk of this particular sinkhole. The Parties do not intend to create a separate legal entity under
this Agreement.
II. TERM
This Agreement shall begin on , 2021, and terminate on December 31, 2021.
The Agreement may be extended by the written agreement of all parties on terms stated therein.
III. ADMINISTRATION
This Agreement shall be administered by the Division. All administrative decisions
concerning this Agreement shall be undertaken pursuant to the terms outlined below.
May 18
IV. HOLDING OF PROPERTY UNDER THIS AGREEMENT
This Agreement does not allow for any one of these entities to acquire or hold any property
relating to this project.
V. DIVISION RESPONSIBILITIES
The Division shall:
Reimburse the City for allowable expenditures up to $150,000.00 for work performed
as specified in the approved engineering design plans that is directly related to the
remediation of the lead mine subsidence, including, but not limited to, labor, materials,
and equipment. Costs associated with any damage to public or private property, real
or personal, as a result of work performed is not a reimbursable expense. The
reimbursement shall be paid to the City within (30) days from the completion of the
project; and
Jointly assist with project engineering, design, construction observation, and project
oversight.
Nothing in this Agreement shall preclude the City from seeking reimbursement for costs not
covered by the Division from the private party owner on whose property the work was
conducted by the City.
VI. CITY OF DUBUQUE RESPONSIBILITIES
The City shall:
• Maintain direct and sole supervision over all employees, contractors, and
subcontractors related to the construction of the Emergency Project;
• Acquire, develop, and hold all easements, permits, contracts, or other agreements
necessary and appropriate related to the Emergency Project;
• Develop and acquire an agreement with all landowners potentially impacted by the
sinkhole remediation efforts, holding the City and Division harmless in the event of
any unforeseen damages;
• Jointly assist with project engineering, design, construction observation, and project
oversight;
• Conduct a public bidding process in accordance with applicable state and local laws
for the work associated with the Emergency Project, providing supporting documents
to the Division for approved expenses; and
• Contact the Division if at any point project costs are anticipated to exceed $150,000.00.
Neither the City nor the Division shall be responsible for or provide any additional funding
above and beyond the amount provided for by the Division in connection with the Emergency
Project unless otherwise approved by the Division.
VII. FINANCING
Each Party shall be responsible for their own administrative costs associated with this
Agreement, including the costs of the parties' own time, resources, and employees' labor on
the project.
VIII. AMENDMENT
This Agreement may be amended from time to time by written agreement of the Parties. All
amendments shall be in writing, signed by all Parties, and filed in an electronic format with the
Secretary of State as required by Iowa Code section 28E.8(1)(b) (2021).
IX. LIABILITY
The City will require that any contractor or subcontractors performing work in connection with
drawings and specifications produced under this Agreement to hold harmless, indemnify and
defend the Division and the City, their professional consultants, and each of their officers,
agents and employees from any and all liability claims, losses or damage arising out of the
contractor's or subcontractor's negligent acts, errors or omissions in the performance of the
work described in the Emergency Project.
To the fullest extent permitted by law, the Division 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 the Parties, the Parties' consultants or anyone employed directly or indirectly
by any of them or by anyone for whose acts any of them may be liable.
This Agreement makes no Guarantees about long term performance of structure built, nor shall
it be construed to provide any protections to any person or entity from future harm after the
Emergency Project's completion.
X. TERMINATION
Either party may terminate this Agreement at any time upon 120 days written notice 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.
XI. NOTICES
Whenever notices and correspondence are to be given under this Agreement, the notices shall
be given by personal delivery to the other party, or sent by mail, postage prepaid, to the other
party as follows:
To the CITY
City of Dubuque
Engineering Department
City Hall, 50 W 13th Street
Dubuque, Iowa 52001
To the DIVISION
Iowa Department of Agriculture and Land Stewardship
Mines and Minerals Bureau
Division of Soil Conservation and Water Quality
502 East 9th Street
Des Moines, IA 50319
XI. APPLICABLE LAW
This Agreement is to be governed by the laws of the State of Iowa.
XIL FILING AND RECORDING
It is agreed that the Division will file this Agreement in an electronic format with the Secretary
of State as required by Iowa Code section 28E.8(1)(a) (2021).
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IN WITNESS WHEREOF, arid in consideration of the mutual covenants set forth herein
and tor other good and valuable consideration, the receipt. adequacy, and legal sufficiency of which
are hereby acknowledg ged. the parties have entered into this 28E, Agreement and have caused their
duly authorized representaLives to execute this 281" Agreement.
DIVISION OF SOIL CONS L'KVATI ON' AND WATER QUALITY
BY: DATE:
— Julie Kenney, Deputy Secretary o Agriculture
Iowa Department of AgriCUltUre & Land Stewardship
This instrurnent was acknowledged bef'ore rne
can the dray day of RneA
202 1, by
Julie Kenney, Deputy Secretary or the Iowa
Department of Agriculture & Land Stewardship.
it �ar ie State oflowa, y 1-1 �-ic in ��nd f�or �i - ----- --
CITY OF DUBU' UE
BN,:
_My 18,2021
Roy 1). B�Z . Mayor
'Vhis instrument was acknowledged before me
on thel 8 t h day of nay _, 202 1, by
Rov 1). Buol, Mayor,
Trish L. Gleason, Asst. City Clerk
\T
.1.fflemiie
Notary Public in and ]'or the State, of Iowa