Loading...
Vision Iowa Amendment Agreement ~~~E ~<k~ MEMORANDUM April 26, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vision Iowa Amendment On April 18, 2005 the city submitted a letter to the Vision Iowa Board providing an update on the status of the America's River project and requesting a modification of the completion date of certain projects previously approved for extension. In working with Mark Thompson, attorney for the Vision Iowa Board, he has requested that these modifications be submitted in Amendment Agreement language. Attached is the proposed Amendment Agreement language, which coincides with the projects and dates identified in the April 18, 2005 letter. I respectfully request Mayor and City Council approval of the amendment. Mich MCVM/cs Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Jerry Enzler, Dubuque County Historical Society r, , , <I J:_:" a_ 'j AMENDMENT TO GRANT AWARD AGREEMENT AMONG THE VISION IOWA BOARD, THE CITY OF DUBUQUE, IOWA AND THE DUBUQUE COUNTY HISTORICAL SOCIETY This Amendment to Grant Award Agreement Among the Vision Iowa Board, the City of Dubuque, Iowa and The Dubuque County Historical Society ("Amendment") is entered into by and among the City of Dubuque (lithe City"), the Dubuque County Historical Society (lithe Society"), and the Vision Iowa Board (lithe Board"). Together, the City and the Society may be referred to herein as the "Recipients." Collectively, the Recipients and the Board may be referred to as the "Parties." WHEREAS, on July 11, 2001, the City, the Society, and the Board entered into a Grant Award Agreement ("the Agreement"), which was effective on July 11, 2001; and WHEREAS, under the Agreement, the Board awarded forty million dollars (US$40,OOO,000) to the City and the Society for their America's River Project ("the Project"), subject to certain conditions, including the requirement that the Project be completed by June 30, 2005; and WHEREAS, while certain components of the Project are now complete, the City has requested, by means of a letter dated April 14, 2005, from Dubuque Mayor Terrance M. Duggan to Vision Iowa Chairman Andrew R. Anderson, attached hereto as Exhibit "A," extensions of time in which to complete certain portions of the Project; and WHEREAS, the Board is willing to modify the requirement that the Project be completed by June 30,2005, on the conditions set forth below. NOW THEREFORE, in consideration of the mutual promises contained herein, the Parties hereby agree as follows: 1. The time to complete the Project under the Agreement is hereby extended as set forth below: A. To complete the environmental clean up at the Port of Dubuque in connection with the Education & Conference Center, the City shall have until September 30, 2005 to complete installation of a remediation system and until December 31,2008 for completion of remediation; B. To complete the parking lot reconstruction and landscaping associated with the Visitor Amenities, Greenways and Smart Growth Initiatives, the City shall have until June 30, 2006; C. To complete the Shot Tower Restoration and Art Elements, the City shall have until June 30, 2006; D. To complete the installation of the Transient Boat Docks, the City shall have until May 31,2007; E. To complete the planned improvements to the gateway areas adjacent to the Port of Dubuque, the City shall have until December 31,2005 for installation of infrastructure and until June 30, 2006 for installation of landscaping; F. To complete the creation of Waterworks Park at the Hawthorne Street Peninsula, the City shall have until December 31,2005 for completion of Phase I, as described in Exhibit A, and until December 31,2006 for completion of Phase II, as described in Exhibit A, and to complete the creation of Pyatigorsk Park along the Jaycees/Heritage trailhead, the City shall have until December 31, 2005; G. To complete the capital improvements to the Five Flags Civic Center, the City shall have until September 30, 2005 for completion of Phase I and until August 31,2006 for completion of Phase II. Phase I and Phase II of the capital improvements to the Five Flags Civic Center shall be as described in Exhibit A. H. To complete the planned improvements to the Third Street Overpass adjacent to the Port of Dubuque, the City shall have until December 31,2005 2. The parties to this Amendment acknowledge that the City has applied for certain funding from the federal government to be used for the restoration of the Shot Tower, as contemplated in subparagraph 1 C, above. The parties further acknowledge that the City is pursuing funding from federal, state, and private sources for the creation of Waterworks Park and Pyatigorsk Park, as contemplated in subparagraph 1 F, above. As partial consideration for the extensions granted by this Amendment, the City hereby commits to provide all funding necessary to complete the Project components by the dates set forth above, and shall, if necessary, fund any shortfalls caused by a failure, in whole or in part, of any of the funding sources referred to above. 3. Except as specifically modified hereby, the Agreement shall remain unchanged. 4. This Amendment shall be effective upon execution by the City, the Society, and the Board. 2 IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the Parties have caused their duly authorized representatives to execute this Amendment. For The Vision Iowa Board: By: Andrew R. Anderson, Chair Date For The City Of Dubuque: By: Terrance M. Duggan, Mayor Date For The Dubuque County Historical Society: By: Jerry Enzler, Executive Director Date 3 Office of the Mayor and City Coundl City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 www.cityofdubuque.org DiSB~E ~<k~ April 14, 2005 Mr. Andy Anderson, Chairman Vision Iowa Board Iowa Department of Economic Development 200 E. Grand Avenue Des Moines Iowa 50309-1819 Dear Chairman Anderson, We are proud of the continued success of the America's River project and know it would not have been possible without the support of the Vision Iowa board. In reviewing the construction of the America's River project, the America's River partnership has been diligent in our efforts to construct all of the components identified in the Vision Iowa Agreement. To date we have completed many of the projects identified in our original application inclu'ding the National Mississippi River Museum & Aquarium, Grand Harbor Resort and Waterpark, Grand River Center education and conference center, Mississippi Riverwalk, Alliant Energy Amphitheater, American Trust River's Edge Plaza, Ice Harbor Drive, reconstruction of Bell Street, construction of 400-stall parking lots around the Grand Harbor Hotel, construction of parking lots at the Port of Dubuque; construction of 4th, 5th and 6th Streets, storm, sanitary and water line installations, extension of fiber optics to service existing and new facilities, new historic lighting, wayfinding signage and landscaping throughout the Port of Dubuque, All of these projects are identified in the Vision Iowa Agreement. On October 14, 2004 the Vision Iowa Board approved an amendment to the Vision Iowa Grant Award Agreement between the Vision Iowa Board, the City of Dubuque and the Dubuque County Historical Society to allow for additional completion time for certain projects. I am writing to provide you an update on these projects, to pull back on some of the previously approved extensions and to request an extension for a project not previously requested. Exhibit IIAII Service People Integrity Responsibility Innovation Teamwork Mr. Andy Anderson, Chairman April 14, 2005 Page 2 PROJECTS REQUIRING NO MODIFICATION OF PREVIOUSLY APPROVED EXTENSION DATE Project: Update: Project: Update: Environmental Clean-up Component: Education & Conference Center Original Completion Requirement: June 30, 2005 Approved Extension completion: December 31,2008 This project provides for environmental cleanup at the Port of Dubuque. Partial funding has been received from the federal government. Due to the federal regulations regarding clean up of brownfields, the EPA must approve remediation prior to implementing. In addition, remediation is anticipated to take up to three years. In March 2005 the city received clearance for the method of remediation to be used to conduct the environmental cleanup. The city is now waiting for approval from the EPA for the final desiqn of the remediation. Once this is approved, installation of the remediation system can begin. Status: Estimated completion of installation: Summer 2005. Estimated completion of remediation: Dec. 31, 2008. Shot Tower Restoration and Art Elements Component: Visitor Amenities, Greenways and Smart Growth Initiatives Original Completion Requirement: June 30, 2005 Approved Extension completion: June 30, 2006 This project provides for the restoration of the historic Shot Tower and the installation of art at the Port of Dubuque. The City received federal funding for this project. An RFP for architectural, engineering and archeological work was reviewed an approved by State Historic Preservation Office and National Park Service. The RFP was sent out and the city is waiting on competitive responses. Status: Estimated completion June 30, 2006. The City is in discussion with local residents regarding a public art park at the Port of Dubuque on the former Dubuque Hardwoods site. The park design is subject to final layout of remaining development parcels. Status: Estimated completion June 30, 2006. Mr. Andy Anderson, Chairman April 14, 2005 Page 3 PROJECTS REQUESTING A REDUCTION IN AMOUNT OF TIME IN PREVIOUS EXTENSION DATE APPROVAL Project: Update: Project: Waterworks Park and Pyatigorsk Park Component: Riverwalk and Public Infrastructure Original Completion Requirement: June 30, 2005 Approved Extension completion: December 31, 2007 This project provides for the creation of Waterworks Park at the Hawthorne Street Peninsula and Pyatigorsk Park along the Jaycees/Heritage trailhead. A portion of funding for this project is from Recreation trail funds and is subject to bidding by IDOT. Phase I for Waterworks Park includes roadway, parking lots, restroom facility, electrical installation and upgrades including historic lighting and construction of fishing pier and council ring. Phase II for Waterworks Park is construction of hike/bike trail, landscaping, installation of playground equipment, site furnishings and signage. Construction of Pyatigorsk Park includes landscaping, new decorative sidewalks, creation of a park plaza and ornamental fencing. Waterworks Park is in final design and will go to May 2005 City Council meeting to issue bids and in June 2005 to award a contract for construction of Phase I. Construction for Phase I will begin on July 5, 2005 and is anticipated to be completed by December 31, 2005. Phase II is anticipated to be bid early 2006 (subject to IDOT review) and construction completed by December 31,2006. Pyatigorsk Park is in final design and will go to May 2005 City Council meeting to issue bids and in June 2005 to award a contract for construction and construction is expected to be completed by December 31,2005. Status: Revise request for completion: Waterworks Park Phase I December 31, 2005. Waterworks Park Phase II December 31, 2006 Pyatigorsk Park December 31, 2005 Transient Boat Docks Component: Riverwalk and Public Infrastructure Original Completion Requirement: June 30, 2005 Approved Extension completion: December 31, 2008 This project provides for the creation of transient boat docks at the America's River site, in the Ice Harbor. Due to the limited shoreline in the Mr. Andy Anderson, Chairman April 14, 2005 Page 4 Update: Project: Update: Ice Harbor, the City is in discussions with property owners and the Corps of Engineers with respect to how many docks will be allowed. A federal permit is required as part of this process and adjacent property owners must agree to the permit. Also included in this project is the construction of a 200' long sheetpile wall to allow for transient boats to moor next to the Riverwalk. The City did construct the 200' long sheetpile prior to June 20, 2005 as required in the Vision Iowa document. Lastly, while not part of the Vision Iowa Agreement, the City is also considering applying for federal funds to construct additional transient boat docks in the Mississippi River main channel. A federal permit is also required for this process, as is federal funding. The city awarded a contract to The Abonmarche Group to provide feasibility analysis on the location of the number of transient boat docks inside the Ice Harbor to meet the Vision Iowa requirement. Once the location and the number of docks in the Ice Harbor are finalized, city staff will work with property owners and the Corps of Engineers to develop a design and installation method for these docks that works with the built environment. The installation of boat docks in the Ice Harbor is estimated to be complete by May 31, 2007. Status: Revised request for completion of Ice harbor transient boat docks to May 31,2007 Five Flags Improvements Component: Riverwalk and Public Infrastructure Original Completion Requirement: June 30, 2005 Approved Extension completion: December 31, 2006 This project provides for significant capital improvements to Five Flags Civic Center. Phase I of capital improvements will begin in the Summer of 2005 to avoid conflicts with significant events already scheduled at the facility through May 2005. Replacement of HV AC system was awarded at February 2005 City Council meeting. Remainder of phase I construction includes replacement of bleachers, expansion of concession stand, renovation of ADA entrance, relocation of ticket office, office and meeting room renovation, window, light fixture and carpet replacement, interior painting, fire exit replacement, dehumidification system installation and expansion of ice chilling capacity. Phase I is anticipated to be completed September 30,2005. Mr. Andy Anderson, Chairman April 14, 2005 Page 5 Phase II includes installation of fall protection system, replacement of dasher boards and ice covering. Phase II is anticipated to be complete August 31,2006. Status: Revised request for completion Phase I September 30,2005 Phase II August 31, 2006 Projects reQuestinQ an additional extension over previously approved extension date Project: Update: Project: Update: Parking Lot Reconstruction and Landscaping Component: Visitor Amenities, Greenways and Smart Growth Initiatives Original Completion Requirement: June 30, 2005 Approved Extension completion: September 31,2005 This project included an extension to allow for reconstruction of Lot #1 and landscaping of Lots 1 and 2 at the Port of Dubuque. Lot 1 reconstruction includes the installation of the environmental remediation system, identified above, which must be installed prior to beginning reconstruction. All other parking lots under this project have been completed. Due to the delay in EPA approval of the environmental remediation system, the City is requesting a revised completion date of June 30, 2006. This will allow the City to reconstruct the parking lot during the off-peak season of October 2005 - April 2006 and avoid conflict with the high tourist traffic season. Status: Revised request for completion June 30, 2006. Gateways Component: Riverwalk and Public Infrastructure Original Completion Requirement: June 30, 2005 Approved Extension completion: December 31,2005 This project provides for the improvements to the gateway areas adjacent to the Port of Dubuque and residing IDOT right of way. IDOT approval of design is required for this project. This project is in final design and will go to IDOT in May 2005 for review and approval to proceed. Upon IDOT approval, city staff anticipates taking this project to July 2005 City Council meeting to issue bids and in August 2005 to award a contract for construction. Mr. Andy Anderson, Chairman April 14, 2005 Page 6 Due to the seasonal changes, the infrastructure portion of this project, which includes sidewalks, decorative masonry walls, historic lighting and decorative railing will be completed by the approved extension completion date of December 31,2005 subject to lOOT approval. Phase II, landscaping, will be completed in Spring 2006 to coincide with the planting season. Status: Revised estimated completion Dec. 31, 2005 - infrastructure (subject to lOOT approval) June 30, 2006 -landscaping Projects not previously requested for an extension that have been identified as needinQ more time Project: Third Street Overpass improvements Component: Visitor Amenities, Greenways and Smart Growth Initiatives Original Completion Requirement: June 30, 2005 This project provides for the replacement of chain link fencing with decorative railing similar to what is installed on the Riverwalk at the Port of Dubuque. This project is located on an lOOT designed bridge. The City has awarded a contract to WHKS Engineers to design the specifications of the railing according to lOOT standards for right of way. WHKS will also assist the City in bidding and construction managing the project. Status: Revised request for completion December 31,2005 We believe our partnership has been a mutually beneficial one. The Vision Iowa Board provided the City of Dubuque the financial means to create a signature project for Iowa. We, in turn, have implemented the project in a professional and fiscally responsible manner. The success of our partnership can be seen in the tremendous recognition the City of Dubuque and the State of Iowa have received for the America's River project. We thank you for your continued support. Please feel free to contact City Manager Michael C. Van Milligen or Dawn Lang, Budget Director for the City of Dubuque, at 563-589-4110 with any technical questions you may have regarding this request. Te rance M. Duggan Mayor TMD:cs Mr. Andy Anderson, Chairman April 14, 2005 Page 7 cc: Mark Thompson, Esq., Attorney General Office Nichole Warren, IDED Dubuque City Council Michael C. Van Milligen, City Manager Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Dawn Lang, Budget Director . AMENDMENT TO GRANT AWARD AGREEMENT AMONG THE VISION IOWA BOARD, THE CITY OF DUBUQUE, IOWA AND THE DUBUQUE COUNTY HISTORICAL SOCIETY This Amendment to Grant Award Agreement Among the Vision Iowa Board, the City of Dubuque, Iowa and The Dubuque County Historical Society ("Amendment") is entered into by and among the City of Dubuque ("the City"), the Dubuque County Historical Society ("the Society"), and the Vision Iowa Board ("the Board"). Together, the City and the Society may be referred to herein as the "Recipients." Collectively, the Recipients and the Board may be referred to as the "Parties." WHEREAS, on July 11,2001, the City, the Society, and the Board entered into-9.- Grant Award Agreement ("the Agreement"), which was effective on July 11, 2001; and WHEREAS, under the Agreement, the Board awarded forty million dollars (US$40,000,000) to the City and the Society for their America's River Project ("the Project"), subject to certain conditions, including the requirement that the Project be completed by June 30,2005; and WHEREAS, while certain components of the Project are now complete, the City has requested, by means of a letter dated April 14, 2005, from Dubuque Mayor Terrance M. Duqqan to Vision Iowa Chairman Andrew R. Anderson, attached hereto as Exhibit "A," cert3in extensions of time in which to complete certain portions of the other pProjects upon cert3in conditions 3C set forth; and WHEREAS, the Board is willing to modify the requirement that the Project be completed by June 30, 2005.1 tii30n thecert3in conditions as-set forth below. NOW THEREFORE, in consideration of the mutual promises contained herein, the Parties hereby agree as follows: 1. The time to complete the Project under the Agreement is hereby extended as set forth below: A. To complete the environmental clean up at the Port of Dubuque in connection with the Education & Conference Center, the City shall have until September 30, 2005Summer 2005 to complete installation of a remediation system and until December 31,2008 for completion of remediation; B. To complete the parking lot reconstruction and landscaping associated with the Visitor Amenities, Greenways and Smart Growth Initiatives, the City shall have until June 30,2006; C. To complete the Shot Tower Restoration and Art Elements, the City shall have until June 30, 2006; D. To complete the installation of the Transient Boat Docks, the City shall have until May 31, 2007; E. To complete the planned improvements to the gateway areas adjacent to the Port of Dubuque, the City shall have until December 31,2005 for installation of infrastructure and until June 30,2006 for installation of landscaping; F. To complete the creation of Waterworks Park at the Hawthorne Street Peninsula, the City shall have until December 31,2005 for completion of Phase I, as described in Exhibit A, and until December 31, 2006 for completion of Phase II, as described in Exhibit A, and to complete the creation of Pyatigorsk Park along the Jaycees/Heritage trailhead, the City shall have until December 31, 2005; G. To complete the capital improvements to the Five Flags Civic Center, the City shall have until September 30, 2005 for completion of Phase I and until August 31,2006 for completion of Phase II. Phase I and Phase II of the capital improvements to the Five Flaqs Civic Center shall be as described in Exhibit A. H. To complete the planned improvements to the Third Street Overpass adjacent to the Port of Dubuque, the City shall have until December 31,2005 2. The parties to this Amendment acknowledge that the City has applied for certain funding from the federal government to be used for the restoration of the Shot Tower, as contemplated in subparagraph 1 C, above. The parties further acknowledge that the City is pursuing funding from federal, state, and private sources for the creation of Waterworks Park and Pyatigorsk Park, as contemplated in subparagraph 1 F, above. As partial consideration for the extensions granted by this Amendment, the City hereby commits to provide all funding necessary to complete the Project components by the dates set forth above, and shall, if necessary, fund any shortfalls caused by a failure, in whole or in part, of any of the funding sources referred to above. 3. Except as specifically modified hereby, the Agreement shall remain unchanged. 4. This Amendment shall be effective upon execution by the City, the Society, and the Board. 2 IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the Parties have caused their duly authorized representatives to execute this Amendment. For The Vision Iowa Board: By: Andrew R. Anderson, Chair Date For The City Of Dubuque: By: Terrancey M. Duggan, Mayor Date For The Dubuque County Historical Society: By: Jerry Enzler, Executive Director Date 3