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Dubuque County - Southwest Arterial 28E AgreementTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Southwest Arterial Project Dubuque County Intergovernmental 28E Funding Agreement Iowa DOT Project No. STP -U -2100 (634)- -70 -31 DATE: February 12, 2013 Dubuque kital All- America City II 111! 2012 Assistant City Engineer Bob Schiesl recommends City Council approval of an Intergovernmental 28E Funding Agreement with Dubuque County for the Southwest Arterial Project. The City and County desire to equally contribute funding for the Southwest Arterial Project to achieve the required 20% local funding obligation in the amount of $7,152,914 for the $28,611,653 in federal SAFETEA -LU funding received to support the continued development and completion of the Southwest Arterial Project. The City has already budgeted funds for this purpose. The City has received additional federal funding that does not require a local match. I concur with the recommendation and respectfully request Mayor and City Council approval. hrilit44 krt.,709, Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer Robert Schiesl, Assistant City Engineer Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Robert Schiesl, Assistant City Engineer P.b S DATE: February 12, 2013 SUBJECT: Southwest Arterial Project Dubuque County Intergovernmental 28E Funding Agreement Iowa DOT Project No. STP -U -2100 (634)- -70 -31 INTRODUCTION Dubuque lb Ad rAmuicalill7 2012 The enclosed resolution authorizes the Mayor to execute an Intergovernmental 28E Funding Agreement with Dubuque County for the Southwest Arterial Project. On January 28, 2013 the Dubuque County Board of Supervisors approved and signed the Intergovernmental 28E Funding Agreement and now the City Council is requested to review and approve said agreement. DISCUSSION The Dubuque City Council, the Dubuque County Board of Supervisors, the Dubuque Metropolitan Area Transportation Study (DMATS), the Dubuque Area Chamber of Commerce and the Greater Dubuque Development Corporation have all identified the completion of the Southwest Arterial Project as the No. 1 surface transportation priority in the Dubuque area. The City and County desire to maintain and increase transportation infrastructure while improving safety for the motorist within the City of Dubuque and Dubuque County and acknowledge the mutual benefit to partner on the Southwest Arterial Project and agree to contribute funding for the Project. There is currently federal appropriation authorization in the Federal Transportation Bill (SAFETEA -LU) in the amount of $28,611,653 for the continued development and advancement of the Southwest Arterial Project. The Federal Transportation Bill regulations authorize the portion of the Southwest Arterial Project costs reimbursed with SAFETEA -LU funds shall be limited to a maximum of either 80% of eligible costs or the total amount of obligation authority ($28,611,653), whichever is less. The Federal Transportation Bill regulations require that the remaining 20% balance of eligible costs for the Southwest Arterial Project be paid with Non - Federal appropriated funds or such applicable local fund source(s). The City and County desire to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Dubuque County with Federal funds and the 20% local funding obligation for eligible Southwest Arterial Project costs is $7,152,914 and will allow for 100% obligation expenditure of the Federal SAFETEA -LU appropriated funding ($28,611,653). The City and County desire to equally contribute funding for the Southwest Arterial Project to achieve the required 20% local funding obligation in the amount of $7,152,914 to support the continued development and completion of the Southwest Arterial Project. FUNDING AGREEMENT The County can utilize DMATS Surface Transportation Program (STP) funds to provide for 80% of the cost of the proposed County projects shown in Table 1 which will allow for the reallocation of local County funds previously budgeted for County projects shown in Table 1 to be used for the Southwest Arterial Project; equal to the DMATS STP allocation as shown. County Project DMATS STP Funding Local Funding to Southwest Arterial Hales Mill Road City of Asbury to Derby Grange FY 2014 $ 1,542,478.00 $ 1,542,478.00 Mud Lake Road Circle Ridge to Mississippi River FY 2014 $ 700,000.00 $ 700,000.00 Herber Road Bridge FY 2014 $ 1,333,979.00 $ 1,333,979.00 County Local Funding: $ 3,576,457.00 $ 3,576,457.00 Table 1 The Dubuque City Council has committed the allocation of local City funds to be used for the Southwest Arterial Project; equal to the City's annual distribution of Transportation Investment Moves the Economy in the 21st Century (TIME -21) funding as summarized in the following Table 2. TIME -21 Allocation Local Funding to Southwest Arterial City FY 2009 $ 19,346.00 $ 19,346.00 Actual City FY 2010 $ 106,559.00 $ 106,559.00 Actual City FY 2011 $ 351,621.00 $ 351,621.00 Actual City Local Funding: $ 477,526.00 $ 477,526.00 Table 2 The City has already utilized DMATS Surface Transportation Program (STP) funds to provide for 80% of the cost for the City projects shown in Table 3 which provided for the reallocation of local City funds previously budgeted for City projects shown in Table 3 to be used for the Southwest Arterial Project; equal to the DMATS STP allocation. City Project DMATS STP Funding Local Funding to Southwest Arterial $ 252,150.00 Locust Street Resurfacing 9th to 17th Street $ 462,246.00 $ 462,246.00 Actual Kaufmann Avenue Resurfacing John F. Kennedy to Carter Road $ 448,594.00 $ 448,594.00 Actual NW Arterial Capacity Improvements Penn Ave to Asbury $ 360,000.00 $ 360,000.00 Obligated US 61/151 Corridor Improvements US 52/Twin Valley & Maquoketa Drive $ 255,000.00 $ 255,000.00 Obligated North Cascade Bridge County ER Project $ 293,600.00 $ 293,600.00 Obligated City Local Funding: $ 1,819,440.00 $ 1,819,440.00 Table 3 The Dubuque City Council has committed the allocation of local City funds to be used for the Southwest Arterial Project; equal to the City's distribution of Iowa Jobs (I -JOBS) funding as summarized in the following Table 4. City City FY 2010 FY 2011 City Local Funding: I -JOBS Allocation Local Funding to Southwest Arterial $ 252,150.00 $ 252,150.00 $ 306,817.00 $ 306,817.00 $ 558,967.00 $ 558,967.00 Table 4 Actual Actual The Dubuque City Council has programmed funding for the Southwest Arterial Project in the City's annual capital improvement budget and between Fiscal Year 2009 through Fiscal Year 2011 the City has expended $720,524 in Local Option Sales Tax funding to provide for the continued development and advancement of the Southwest Arterial Project. The City and County acknowledge and agree that the funding sources, the proposed projects, and the funding amounts as outlined in the reference Tables 1 thru 4 are subject to change, however the mutual commitment between the City and County to equally contribute funding for the Southwest Arterial Project to achieve the required 20% local funding obligation in the amount of $7,152,914 to support the continued development and completion of the Southwest Arterial Project will not change. The City and County acknowledge the mutual benefit to partner on the Southwest Arterial Project and agree to contribute funding for the Project. The City and County hereby agree to partner on the Southwest Arterial Project and agree to contribute funding as follows: FUNDING SOURCE AMOUNT Federal SAFETEA -LU Appropriation (80 %) $ 28,611,653 City of Dubuque Funds (10 %) 3,576,457 Dubuque County Funds (10 %) 3,576,457 Total Project Funding: $ 35,764,567 The projected annual funding distribution for the City's 10% local funding obligation is summarized as follows: City FY 2009 $ 795,419.00 Actual City FY 2010 $ 1,405,981.00 Actual City FY 2011 $ 1,375,057.00 Actual City Funding Total: $ 3,576,457.00 The projected annual funding distribution for the County's 10% local funding obligation is summarized as follows: County FY 2014 $ 3,576,457.00 Projected County Funding Total: $ 3,576,457.00 The City will be the lead agency and will contract and administer public improvements for the Southwest Arterial Project and agrees to submit to the County requests for reimbursement for eligible costs incurred by City on the Southwest Arterial. The County agrees to reimburse City for eligible costs incurred by City on the Southwest Arterial. RECOMMENDATION The Dubuque County Board of Supervisors has approved and signed the Intergovernmental 28E Funding Agreement and I recommend that the City Council adopt the enclosed resolution and authorize the Mayor to sign the Intergovernmental 28E Funding Agreement with Dubuque County for the Southwest Arterial Project. ACTION TO BE TAKEN respectfully request that the City Council adopt the attached resolution and authorize the Mayor to sign the Intergovernmental 28E funding Agreement with Dubuque County for the Southwest Arterial Project. Prepared by: Robert Schiesl, Assistant City Engineer cc: Jenny Larson, Budget Director Bret Wilkinson, Dubuque County Engineer Kent Ellis, Iowa DOT, Local Systems Engineer Chandra Ravada, ECIA F: \PROJECTS \SW ARTERIAL - IA HYW 32 \County - 28E Agreement Matt Schultz Secretary of State State of Iowa 28E Agreement FOR OFFICE USE ONLY: FILED M505949 3/20/2013 10:00:24 AM PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: Item 2. The type of Public Service included in this agreement is: 350 Street and Road Systems *Enter "Other" if not in Iowa (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Financing transportation improvement project on street and highways in Dubuque County for federal funds. 20 percent local funding obligation for eligible Southwest Arterial Projects Item 4. The duration of this agreement is: (check one) ❑Agreement Expires mindefinite Duration [mm /dd /yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) m NO El YES Filing # of the agreement: (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www.sos.state.ia.us /28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name FIRST Name Title Department Email Phone Full Legal Name Organization Type *County Party 1 City of Dubuque City Dubuque Party 2 Dubuque County County Dubuque Party 3 Party 4 Party 5 Item 2. The type of Public Service included in this agreement is: 350 Street and Road Systems *Enter "Other" if not in Iowa (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Financing transportation improvement project on street and highways in Dubuque County for federal funds. 20 percent local funding obligation for eligible Southwest Arterial Projects Item 4. The duration of this agreement is: (check one) ❑Agreement Expires mindefinite Duration [mm /dd /yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) m NO El YES Filing # of the agreement: (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www.sos.state.ia.us /28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name FIRST Name Title Department Email Phone i11111imNwmiii11111mmumiwn1111m1111 Doc ID: 007632130011 Type' GEN Kind 28E AGREEMENT Recorded: 02/27/2013 at 02:24:02 PM Fee Amt: $0.00 Page 1 of 11 Dubuque County Iowa Kathy Flynn Thurlow Recorder (� Fi1e2013 -00003 / % 61 Preparer's Name: Robert D. Schiesl Address: 50 W. 131h St., Dubuque, Iowa 52001 Telephone: (563) 589 -4270 Return To: Dubuque County Engineer Address: 13047 City View Dr., Dubuque, Iowa 52002 Telephone: (563) 557 -7283 28E AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE COUNTY, IOWA FOR THE ALLOCATION OF TRANSPORTATION FUNDING FOR THE SOUTHWEST ARTERIAL PROJECT This Agreement, dated for reference purposes the aw day of c%ANMt, , 2013, is made and entered into by and between the City of Dubuque, Iowa (City) and Dubuque County, Iowa (County). WHEREAS, City and County desire to maintain and increase transportation infrastructure while improving safety for the motorist within the City of Dubuque and Dubuque County; and WHEREAS, the Dubuque City Council, the Dubuque County Board of Supervisors, the Dubuque Metropolitan Area Transportation Study (DMATS), the Dubuque Area Chamber of Commerce and the Greater Dubuque Development Corporation have all identified the completion of the Southwest Arterial Project as the No. 1 surface transportation priority in the Dubuque area; and WHEREAS, there is federal appropriation authorization in the Federal Transportation Bill (SAFETEA -LU) in the amount of $28,611,653 for the continued development and advancement of the Southwest Arterial Project; and WHEREAS, the Federal Transportation Bill regulations authorize the portion of the Southwest Arterial Project costs reimbursed with SAFETEA -LU funds shall be limited to a maximum of either 80% of eligible costs or the total amount of obligation authority ($28,611,653), whichever is less; and COW) WHEREAS, the Federal Transportation Bill regulations require that the remaining 20% balance of eligible costs for the Southwest Arterial Project be paid with Non - Federal appropriated funds or such applicable local fund source(s); and WHEREAS, City and County desire to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Dubuque County with Federal funds; and WHEREAS, the 20% local funding obligation for eligible Southwest Arterial Project costs is $7,152',914 and will allow for 100% obligation expenditure of the Federal SAFETEA -LU appropriated funding ($28,611,653); and WHEREAS, City and County desire to equally contribute funding for the Southwest Arterial Project to achieve the required 20% local funding obligation in the amount of $7,152,914 to support the continued development and completion of the Southwest Arterial Project; and WHEREAS, County can utilize DMATS Surface Transportation Program (STP) funds to provide for 80% of the cost of the proposed County projects shown in Table 1 which will allow for the reallocation of local County funds previously budgeted for County projects shown in Table 1 to be used for the Southwest Arterial Project; equal to the DMATS STP allocation as shown; and County Project DMATS STP Funding Local Funding to Southwest Arterial Hales Mill Road City of Asbury to Derby Grange FY 2014 $ 1,542,478.00 $ 1,542,478.00 Mud Lake Road Circle Ridge to Mississippi River FY 2014 $ 700,000.00 $ 700,000.00 Herber Road Bridge FY 2014 $ 1,333,979.00 $ 1,333,979.00 County Local Funding: $ 3,576,457.00 $ 3,576,457.00 Table 1 WHEREAS, the Dubuque City Council has committed the allocation of local City funds to be used for the Southwest Arterial Project; equal to the City's annual distribution of Transportation Investment Moves the Economy in the 21st Century (TIME -21) funding as summarized in the following Table 2; and TIME -21 Allocation Local Funding to Southwest Arterial City FY 2009 $ 19,346.00 $ 19,346.00 Actual City FY 2010 $ 106,559.00 $ 106,559.00 Actual City FY 2011 $ 351,621.00 $ 351,621.00 Actual City Local Funding: $ 477,526.00 $ 477,526.00 Table 2 WHEREAS, City has already utilized DMATS Surface Transportation Program (STP).funds to provide for 80% of the cost for the City projects shown in Table 3 which provided for the reallocation of local City funds previously budgeted for City projects shown in Table 3 to be used for the Southwest Arterial Project; equal to the DMATS STP allocation; and City Project DMATS STP Funding Local Funding to Southwest Arterial $ 252,150.00 Locust Street Resurfacing 9th to 17 Street $ 462,246.00 $ 462,246.00 Actual Kaufmann Avenue Resurfacing John F. Kennedy to Carter Road $ 448,594.00 $ 448,594.00 Actual NW Arterial Capacity Improvements Penn Ave to Asbury $ 360,000.00 $ 360,000.00 Obligated US 61/151 Corridor Improvements US 52/Twin Valley & Maquoketa Drive $ 255,000.00 $ 255,000.00 Obligated North Cascade Bridge County ER Project $ 293,600.00 $ 293,600.00 Obligated City Local Funding: $ 1,819,440.00 $ 1,819,440.00 Table 3 WHEREAS, the Dubuque City Council has committed the allocation of local City funds to be used for the Southwest Arterial Project; equal to the City's distribution of Iowa Jobs (I -JOBS) funding as summarized in the following Table 4; and I -JOBS Allocation Local Funding to Southwest Arterial City FY 2010 $ 252,150.00 $ 252,150.00 Actual City FY 2011 $ 306,817.00 $ 306,817.00 Actual City Local Funding: $ 558,967.00 $ 558,967.00 Table 4 WHEREAS, the Dubuque City Council has programmed funding for the Southwest Arterial Project in the City's annual capital improvement budget and between Fiscal Year 2009 through Fiscal Year 2011 the City has expended $720,524 in Local Option Sales Tax funding to provide for the continued development and advancement of the Southwest Arterial Project; and WHEREAS, City and County acknowledge and agree that the funding sources, the proposed projects, and the funding amounts as outlined in the reference Tables 1 thru 4 are subject to change, however the mutual commitment between the City and County to equally contribute funding for the Southwest Arterial Project to achieve the required 20% local funding . obligation in the amount of $7,152,914 to support the continued development and completion of the Southwest Arterial Project will not change; and WHEREAS, City and County acknowledge the mutual benefit to partner on the Southwest Arterial Project and agree to contribute funding for the Project as set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. City and County hereby agree to partner on the Southwest Arterial Project (Iowa DOT Project No. HDP -2100 (643)-- 71 -31) and agree to contribute funding as follows: FUNDING SOURCE AMOUNT. Federal SAFETEA -LU Appropriation (80 %) $ 28,611,653 City of Dubuque Funds (10 %) .3,576,457 Dubuque County Funds (10 %) 3,576,457 Total Project Funding: $ 35,764,567 $ 1,375,057.00 Actual SECTION 2. The projected annual funding distribution for the City's 10% local funding obligation is summarized as follows: City FY 2009 $ 795,419.00 Actual City FY 2010 $ 1,405,981.00 Actual City FY 2011 $ 1,375,057.00 Actual City Funding Total: $ 3,576,457.00 SECTION 3. The projected annual funding distribution for the County's 10% local funding obligation is summarized as follows: County FY 2014 $ 3,576,457.00 Projected County Funding Total: $ 3,576,457.00 SECTION 4. City shall be the lead agency and shall contract and administer said public improvements for the Southwest Arterial Project (Iowa DOT Project No. HDP - 2100 (643)-- 71 -31). SECTION 5. _ City agrees to submit to County requests for reimbursement for eligible costs incurred by City on the Southwest Arterial Project (Iowa DOT Project No. HDP - 2100 (643)-- 71 -31). SECTION 6. County agrees to reimburse City for eligible costs incurred by City on the Southwest Arterial Project (Iowa DOT Project No. HDP -2100 (643)-- 71 -31). IN WITNESS THEREOF, the parties have set their hands, for the purpose herein expressed. APPROVED BY: DUBUQUE COUNTY BOARD OF SUPERVISORS Eric Manternach, Chair ATTEST: Date: JANI9ary Zg , 2013. Mona Manternach, Deputy Auditor bn this 2 S day of V-if ` ^ i"), 2013, before me, Mary Ann Specht , a Notary Public, in and for the ,tate of Iowa, personally appeared Eric Manternach and Mona Manternach, to me personally known and who, being duly sworn, did say that they are the Chairperson of the Board of Supervisors and Deputy Auditor, respectively, of the County of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its Board of Supervisors, as coo tained in the resolution adopted by the Board of Supervisors of Dubuque County on the Z 4"'N. day of /4 '1 •► ^ 9 , 2013, and Eric Manternach and Mona Manternach acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. �, ' Are� c ffi 4*-.• MttptAL53563 • ,-) •ivr►....,yr lam! Mary Ann Specht, Notary Public APPROVED Y: CITY OF DUBUQUE, IOWA Roy D. Buol, ATTEST: / A Kevi r Firnstahl, ity C er Date: February 18 , 2013. On this 18th day of February , 2013, before me, a Notary Public, in and for the State of Iowa, personally appeared Roy D. Buol an even Firnstahl to me personally known and who, being duly sworn, did say that they are the Mayor and City Jerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in the resolution adopted by the City Council, of the City of Dubuque City Council on the 18th day of February , 2013, and Roy D. Buol and Kevin Firnstahl acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. 4/7114 °AMEL,A J. 1MficCARRON Cu, mission Number 772419 grti ge4AA0-7/1 Notary Public RESOLUTION NO. )3`039 WHEREAS, on August 25, 2008 Dubuque County adopted Resolution No. 08 -254 designating projected TIME -21 funding for FY09 through FY14 to the Iowa 32 /Southwest Arterial project as local match, and WHEREAS, it is necessary for Dubuque County and the City of Dubuque to enter into a 28E Agreement detailing the responsibilities and funding obligations of each entity regarding the Southwest Arterial project, THEREFORE BE IT RESOLVED that the Board of Supervisors of Dubuque County, Iowa hereby approve and direct the Chair to sign the 28E Agreement with the City of Dubuque for the allocation of transportation funding for the Southwest Arterial project, Iowa DOT Project No. HDP- 2100(643)- 71 -31. Adopted this 28th day of January, 2013. Eric Manternach, Chair Dubuque County Board of Supervisors ATTEST: ln6h€4.J124 Mona Manternach, Deputy Auditor RESOLUTION NO, 46 -13 RESOLUTION APPROVING AN INTERGOVERNMENTAL 28E FUNDING AGREEMENT BETWWEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY FOR THE SOUTHWEST ARTERIAL PROJECT, IOWA DOT PROJECT NO. STP -U -2100 (634)- -70 -31 WHEREAS, the Dubuque City Council, the Dubuque County Board of Supervisors, the Dubuque Metropolitan Area Transportation Study (DMATS), the Dubuque Area Chamber of Commerce and the Greater Dubuque Development Corporation have all identified the completion of the Southwest Arterial Project as the No. 1 surface transportation priority in the Dubuque area; and WHEREAS, the City and County desire to maintain and increase transportation infrastructure while improving safety for the motorist within the City of Dubuque and Dubuque County and acknowledge the mutual benefit to partner on the Southwest Arterial Project and agree to contribute funding for the Project; and WHEREAS, there is federal appropriation authorization in the Federal Transportation Bill (SAFETEA -LU) in the amount of $28,611,653 for the continued development and advancement of the Southwest Arterial Project; and WHEREAS, the Federal Transportation Bill regulations authorize the portion of the Southwest Arterial Project costs reimbursed with SAFETEA -LU funds shall be limited to a maximum of either 80% of eligible costs or the total amount of obligation authority ($28,611,653), whichever is Tess; and WHEREAS, the Federal Transportation Bill regulations require that the remaining 20% balance of eligible costs for the Southwest Arterial Project be paid with Non - Federal appropriated funds or such applicable local fund source(s); and WHEREAS, City and County desire to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Dubuque County with Federal funds; and WHEREAS, the 20% local funding obligation for eligible Southwest Arterial Project costs is $7,152,914 and will allow for 100% obligation expenditure of the Federal SAFETEA -LU appropriated funding ($28,611,653); and WHEREAS, City and County desire to equally contribute funding for the Southwest Arterial Project to achieve the required 20% local funding obligation in the amount of $7,152,914 to support the continued development and completion of the Southwest Arterial Project; and WHEREAS, County can utilize DMATS Surface Transportation Program (STP) funds to provide for 80% of the cost of the proposed County projects shown in Table 1 which will allow for the reallocation of local County funds previously budgeted for County projects shown in Table 1 to be used for the Southwest Arterial Project; equal to the DMATS STP allocation as shown; and County Project DMATS STP Funding Local Funding to Southwest Arterial Hales Mill Road City of Asbury to Derby Grange FY 2014 $ 1,542,478.00 $ 1,542,478.00 Mud Lake Road Circle Ridge to Mississippi River FY 2014 $ 700,000.00 $ 700,000.00 Herber Road Bridge FY 2014 $ 1,333,979.00 $ 1,333,979.00 County Local Funding: $ 3,576,457.00 $ 3,576,457.00 Table 1 WHEREAS, the Dubuque City Council has committed the allocation of local City funds to be used for the Southwest Arterial Project; equal to the City's annual distribution of Transportation Investment Moves the Economy in the 21st Century (TIME -21) funding as summarized in the following Table 2; and TIME -21 Allocation Local Funding to Southwest Arterial City FY 2009 $ 19,346.00 $ 19,346.00 Actual City FY 2010 $ ; 106,559.00 $ 106,559.00 Actual City FY 2011 $ 351,621.00 $ 351,621.00 Actual City Local Funding: $ 477,526.00 $ 477,526.00 Table 2 WHEREAS, City has already utilized DMATS Surface Transportation Program (STP) funds to provide for 80% of the cost for the City projects shown in Table 3 which provided for the reallocation of local City funds previously budgeted for City projects shown in Table 3 to be used for the Southwest Arterial Project; equal to the DMATS STP allocation; and City Project DMATS STP Funding Local Funding to Southwest Arterial Locust Street Resurfacing 9th to 17th Street $ 462,246.00 $ 462,246.00 Actual Kaufmann Avenue Resurfacing John F. Kennedy to Carter Road $ 448,594.00 $ 448,594.00 Actual NW Arterial Capacity Improvements Penn Ave to Asbury $ 360,000.00 $ 360,000.00 Obligated US 61/151 Corridor Improvements US 52/Twin Valley & Maquoketa Drive $ 255,000.00 $ 255,000.00 Obligated North Cascade Bridge County ER Project $ 293,600.00 $ 293,600.00 Obligated City Local Funding: $ 1,819,440.00 $ 1,819,440.00 Table 3 WHEREAS, the Dubuque City Council has committed the allocation of local City funds to be used for the Southwest Arterial Project; equal to the City's distribution of Iowa Jobs (I -JOBS) funding as summarized in the following Table 4; and I -JOBS Allocation Local Funding to Southwest Arterial City FY 2010 $ 252,150.00 $ 252,150.00 Actual City FY 2011 $ 306,817.00 $ 306,817.00 Actual City Local Funding: $ 558,967.00 $ 558,967.00 Table 4 WHEREAS, the Dubuque City Council has programmed funding for the Southwest Arterial Project in the City's annual capital improvement budget and between Fiscal Year 2009 through Fiscal Year 2011 the City has expended $720,524 in Local Option Sales Tax funding to provide for the continued development and advancement of the Southwest Arterial Project; and WHEREAS, City and County acknowledge and agree that the funding sources, the proposed projects, and the funding amounts as outlined in the reference Tables 1 thru 4 are subject to change, however the mutual commitment between the City and County to equally contribute funding for the Southwest Arterial Project to achieve the required 20% local funding obligation in the amount of $7,152,914 to support the continued development and completion of the Southwest Arterial Project will not change; and WHEREAS, City and County acknowledge the mutual benefit to partner on the Southwest Arterial Project and agree to contribute funding for the Project as set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. City and County hereby agree to partner on the Southwest Arterial Project (Iowa DOT Project No. HDP -2100 (643)-- 71 -31) and agree to contribute funding as follows: FUNDING SOURCE AMOUNT Federal SAFETEA -LU Appropriation (80 %) $ 28,611,653 City of Dubuque Funds (10 %) 3,576,457 Dubuque County Funds (10 %) 3,576,457 Total Project Funding: $ 35.764.567 SECTION 2. The projected annual funding distribution for the City's 10% local funding obligation is summarized as follows: City FY 2009 $ 795,419.00 Actual City FY 2010 $ 1,405,981.00 Actual City FY 2011 $ 1,375,057.00 Actual City Funding Total: $ 3,576,457.00 SECTION 3. The projected annual funding distribution for the County's 10% local funding obligation is summarized as follows: County FY 2014 $ 3,576,457.00 Projected County Funding Total: $ 3,576,457.00 SECTION 4. City shall be the lead agency and shall contract and administer said public improvements for the Southwest Arterial Project (Iowa DOT Project No. HDP- 2100 (643)-- 71 -31). SECTION 5. City agrees to submit to County requests for reimbursement for eligible costs incurred by City on the Southwest Arterial Project (Iowa DOT Project No. HDP- 2100 (643)-- 71 -31). SECTION 6. County agrees to reimburse City for eligible costs incurred by City on the Southwest Arterial Project (Iowa DOT Project No. HDP -2100 (643)-- 71 -31). Passed, approved and adopted this 18th day of Februar Attest: A 'Ke in S. Firnstahl, City lerk F: \PROJECTS \SW ARTERIAL - IA HYW 32 \County - 28E Agreement , 2012. o� oy D. Buol, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 46 -13 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 19th day of February, 2013. Key S. Firnstahl, CMC, City Clerk DUBUQUE COUNTY HIGHWAY DEPARTMENT 13047 CITY VIEW DRIVE DUBUQUE, IOWA 52002 PHONE:(563) 557 -7283 FAX: (563) 557 -1973 E -MAIL: engineer @dbqco.org A//,2 - #(1/Ae /15- `-/-1LF / /'fem^GCCGC u( 2167 IL/pk- e ew-Lin ifrigd a cer, 17 —Hi 4)11- "y et (-14-( 17`6?)-i 674;f7 a //1 61)Air 692r/Ce pv-e d Aix 5--61-,,y-A pea .L.e Ca-e( A- n p/11 MAral___ 4mmri