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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 DE-E All-America City U B ' 111. ' 13 Masterpiece on the Mississippi zoo�•*o YP PP Zoi720zoi9 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 'E ;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). 4 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