Vision Iowa Amendment Agreement
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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
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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.
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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
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Office of the Mayor and City Coundl
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
www.cityofdubuque.org
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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
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