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28E Agreement - Key West Drive Reconstruction Project-Dubuque County_Rescinded Copyright 2014 City of Dubuque Consent Items # 1. ITEM TITLE: 28E Agreement- Key West Drive Reconstruction Project SUMMARY: City Manager recommending authorization for the Mayor to execute a 28E Agreement between the City of Dubuque and Dubuque County for the reconstruction of Key West Drive. RESOLUTION Approving a 28E Funding Agreement between the City of Dubuque and Dubuque County for the reconstruction of Key West Drive SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Key West Drive Reconstruction Project-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions 28E Agreement Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Key West Drive Reconstruction Project DATE: March 11, 2016 City Engineer Gus Psihoyos and Water Department Manager Bob Green recommend City Council authorization for the Mayor to execute a 28E Agreement between the City of Dubuque and Dubuque County for the reconstruction of Key West Drive. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael 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 Bob Green, Water Department Manager THE CITY OF Dubuque DUB E 11111.1 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer Bob Green, Water Department Manager DATE: March 7, 2016 SUBJECT: Key West Drive Reconstruction Project INTRODUCTION The enclosed resolution authorizes the Mayor to execute a 28E Agreement between the City of Dubuque and Dubuque County for the reconstruction of Key West Drive. On March 14, 2016 the Dubuque County Board of Supervisors approved and signed the 28E Agreement and now the City Council is requested to review and approve said agreement. BACKGROUND The City received notification that Dubuque County is proceeding with the reconstruction of Key West Drive. The County's scope of the project is to reconstruct Key West Drive from Kremer Park Drive to Military Road. The reconstruction project by the County presents an opportunity to partner with them, as the road is under construction, a City water main can be constructed along the same corridor which will service the Twin Ridge Water System and the Southwest Arterial. DISCUSSION Per the terms of the agreement, the City will be responsible for the extension of the public water main running under and along Key West Drive from Maquoketa Drive to Military Road. As part of this extension, water service line stubs will be installed for the approximately fifty-six (56) properties located along this extension and resurfacing and reconstruction of Key West Drive from Maquoketa Drive to Kremer Park Drive. The County will be responsible for the resurfacing and reconstruction of Key West Drive from Kremer Park Drive and southward, including construction testing and inspection. RECOMMENDATION I recommend that the City enter into a 28E agreement with the County for the reconstruction of Key West Drive. FUNDING AGREEMENT The agreement requires the City to be responsible for the extension of the public water main running under and along Key West Drive from Maquoketa Drive to Military Road and associated water service stubs to each property and for the resurfacing and reconstruction of Key West Drive from Maquoketa Drive to Kremer Park Drive. The County will be responsible for the resurfacing and reconstruction of Key West Drive from Kremer Park Drive and southward. The estimate of probable cost for the Key West Drive water main extension is as follows: Estimate Key West Drive Water Main Extension including water service line stubs $ 670,000.00 Key West Drive Resurfacing 82,589.00 Contingency water and street 89,200.00 Engineering Design & Inspection water only 67A00.00 Total Project Cost $ 908.789.00 The project funding summary is as follows: CIP No. Fund Description Estimate 7402594 FY16 Southwest Arterial $ 494,500.00 7402594 FY17 Southwest Arterial 662,000.00 3002614 Asbury Road West City Asbury 28,158.00 3002482 Asbury Road Grinding 54,431 .00 Total Project Funding1.239.089.00 7401411 1 FY16 Water Main Extension Alternate Funding Source $ 323,500.00 ACTION REQUESTED I respectfully request that the City Council adopt the attached resolution authorize the Mayor to sign the 28E Agreement with Dubuque County for the reconstruction of Key West Drive. Attach. GNP/kb cc: Maureen Quann, Asst. City Attorney Jenny Larson, Budget Director Bob Green, Water Department Manager Jon Dienst, Civil Engineer Brant Schueller, Water Engineering Asst. RESOLUTION NO. 86-16 RESOLUTION APPROVING A 28E FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY FOR THE RECONSTRUCTION OF KEY WEST DRIVE WHEREAS, City and County desire to reconstruct Key West Drive within the City of Dubuque and Dubuque County; and WHEREAS, the Dubuque City Council and the Dubuque County Board of Supervisors have identified the reconstruction of Key West Drive as a top priority in the Dubuque area; and WHEREAS, the County Supervisors propose the reconstruction of Key West Drive as a top priority in the Dubuque area in the spring of 2016; and WHEREAS, City acquired the Twin Ridge Water System, located in the Key West area in late 2015; and WHEREAS, City wishes to extend a public water main along Key West Drive which will service the Twin Ridge Water System and the future extension of water service along the Southwest Arterial corridor; and WHEREAS, County proposes reconstruction of Key West Drive beginning at Kremer Park Drive and continuing southward while City proposes reconstruction of Key West Drive from the portion that runs from Maquoketa Drive to Kremer Park Drive; and WHEREAS, City and County recognize extension of the public water main during the reconstruction of Key West Drive will minimize the disruption to residents along Key West Drive and to Key West Drive itself, and minimize City and County expenses; and WHEREAS, City and County desire to enter into an agreement for the purpose of carrying out the street reconstruction of and the extension of the public water main under Key West Drive (the Public Improvement). NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. The purpose of this Agreement is to provide the manner in which the parties will cooperate with one another to successfully complete the Public Improvement. SECTION 2. The City will be responsible for the extension of the public water main running under and along Key West Drive from Maquoketa Drive to Military Road and associated water service stubs to each property and for the resurfacing and reconstruction of Key West Drive from Maquoketa Drive to Kremer Park Drive. SECTION 3. County will be responsible for the resurfacing and reconstruction of Key West Drive from Kremer Park Drive and southward. SECTION 4. Each party will be responsible for its own work in the Public Improvement. SECTION 5. Each party will be responsible for its own work in the Public Improvement. Passed, approved and adopted this 14th day of March, 2016. Attest: Kevi'""` Firnstahl, Ci Jerk c,QL, oy D. Buol, Mayor Prepared by: Maureen Quann, 300 Main Street, Suite 330, Dubuque, Iowa 52001 Telephone: (563) 589-4381 Return To: Dubuque County Engineer, 13047 City View Drive, Dubuque, Iowa 52002 Telephone: (563) 557-7283 28E AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE COUNTY, IOWA FOR THE RECONSTRUCTION OF KEY WEST DRIVE This Agreement, dated for reference purposes they/ ?day of,,.114 , 2016, 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 reconstruct Key West Drive within the City of Dubuque and Dubuque County; and WHEREAS, the Dubuque City Council and the Dubuque County Board of Supervisors have identified the reconstruction of Key West Drive as a top priority in the Dubuque area; and WHEREAS, the County Supervisors propose the reconstruction of Key West Drive as a top priority in the Dubuque area in the spring of 2016; and WHEREAS, City acquired the Twin Ridge Water System, located in the Key West area in late 2015; and WHEREAS, City wishes to extend a public water main along Key West Drive which will service the Twin Ridge Water System and the future extension of water service along the Southwest Arterial corridor; and WHEREAS, County proposes reconstruction of Key West Drive beginning at Kremer Park Drive and continuing southward while City proposes reconstruction of Key West Drive from the portion that runs from Maquoketa Drive to Kremer Park Drive; and MAQ02222016 WHEREAS, City and County recognize extension of the public water main during the reconstruction of Key West Drive will minimize the disruption to residents along Key West Drive and to Key West Drive itself, and minimize City and County expenses; and WHEREAS, City and County desire to enter into an agreement for the purpose of carrying out the street reconstruction of and the extension of the public water main under Key West Drive (the Public Improvement). NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. IDENTITY OF THE PARTIES. 1.1 City is a municipality of the State of Iowa, organized and operating pursuant to Iowa Code Chapter 364. For purposes of this Agreement, the City's address is 50 West 13th Street, Dubuque, Iowa 52001. 1.2 County is a political subdivision of the State of Iowa, organized and operating pursuant to Iowa Code Chapter 331. For purposes of this Agreement, the County's address is 13047 City View Drive, Dubuque, Iowa 52002. SECTION 2. PURPOSE. The purpose of this Agreement is to provide the manner in which the parties will cooperate with one another to successfully complete the Public Improvement. SECTION 3. NO SEPARATE ENTITY CREATED. 3.1 No separate legal or administrative entity is created by this Agreement. 3.2 The City Engineer, County Engineer, and Water Department Manager are responsible for coordinating the Public Improvement. 3.3 The City Engineer, County Engineer, and Water Department Manager will meet periodically but not Tess than monthly to review and coordinate the Public Improvement. SECTION 4. DURATION. This Agreement remains in effect perpetually until terminated pursuant to Section 10. SECTION 5. POWERS AND DUTIES. 5.1 The parties retain all powers and duties conferred by law and must assist each other in the exercise of such powers and duties and the performance of this Agreement. 5.2 City shall be responsible for the following: 2 A. The extension of the public water main running under and along Key West Drive from Maquoketa Drive to Military Road in accordance with the plans submitted to County on or before March 7, 2016. As part of this extension, water service line stubs will be installed for the approximately fifty-six (56) properties located along this extension; and B. The resurfacing and reconstruction of Key West Drive from Maquoketa Drive to Kremer Park Drive in accordance with the plans submitted to County on or before March 7, 2016. C. City Engineering and Water Department staff will be responsible for the construction testing and observation of all City related work. 5.3 County will be responsible for the resurfacing and reconstruction of Key West Drive from Kremer Park Drive and southward, including construction testing and inspection SECTION 6. MANNER OF FINANCING. 6.1 City will be responsible for the extension of the public water main running under and along Key West Drive from Maquoketa Drive to Military Road and associated water service stubs to each property and for the resurfacing and reconstruction of Key West Drive from Maquoketa Drive to Kremer Park Drive. 6.2 County will be responsible for the resurfacing and reconstruction of Key West Drive from Kremer Park Drive and southward. 6.3 Each 6.4 Each Mobilization SECTION 7. party will be responsible for its own work in the Public Improvement. party will pay its respective proportionate share of the Traffic Control and bid items based on the final divisional costs. ENTIRE AGREEMENT. 7.1 This Agreement contains the entire Agreement and integrates all of the terms and conditions contained in and incidental to such Agreement and supersedes all prior negotiations and communications concerning this Agreement, oral or written, between the parties, their agents, employees and representatives. No modifications or waiver of any provision in this Agreement will be valid unless in writing and signed by all parties. If, for any reason, any provision of this Agreement is inoperative, the validity and effect of the other provisions are not affected thereby. 7.2 If any provisions of this Agreement are found to be invalid by any court, administrative agency, or tribunal of competent jurisdiction, the invalidity of any such provision will not affect the validity of the remaining provisions hereof. 3 7.3 This Agreement binds and inures to the benefit of the parties and their respective successors and assigns. The parties agree that neither City nor County may assign their rights and obligations hereunder to any party without prior written consent of the other party. Such consent will not be unreasonably withheld. SECTION 8. GOVERNING LAW. This Agreement is governed by and interpreted under the laws of the State of Iowa. SECTION 9. AMENDMENTS. This Agreement may be amended at any time by the parties. All amendments must be in writing, signed by both parties, and filed in an electronic format with the Iowa Secretary of State as required by Iowa Code Section 28E.8. SECTION 10. TERMINATION. This Agreement will terminate upon mutual agreement of the parties. SECTION 11. EFFECTIVE DATE. This Agreement takes effect upon execution by the parties as required by law, filing with the Iowa Secretary of State and recording with the Dubuque County Recorder. SECTION 12. DISPUTE RESOLUTION. Any dispute between the parties arising out of or within the scope of the interpretation, construction, or application of this Agreement shall, prior to the commencement of any formal legal proceedings, be submitted to arbitration. Either party may submit to the other a written request for arbitration. Within ten (10) days after the date of such request, City and County will each select one (1) arbitrator and notify the other party of the name and address of such arbitrator. The arbitrators so selected will, within ten (10) days after being notified of their selection, select a third (3rd) arbitrator. After doing so, the arbitrators must notify City and County in writing of the name and address of the third (3rd) arbitrator. The arbitration proceedings will be governed by Iowa Code Chapter 679A. APPROVED BY: DUBUQUE COUNTY BOARD OF SUPERVISORS Wayne Demmer, Chair ATTEST: Mona Manternach, Deputy Auditor Date: , 2016. On this day of , 2016, before me, , a Notary Public, in and for the State of Iowa, personally appeared Wayne Demmer and Mona Manternach, to me personally known and who, being duly sworn, did say that 4 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 contained in the resolution adopted by the Board of Supervisors of Dubuque County on the day of , 2016, and Wayne Demmer 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. APPROVED Y: CITY OF DUBUQUE, IOWA Roy D. Buol ayor ATTEST: Kevin Firnstahl, City Clerk' Notary Public Date: , 2016. On this / day of7. , , 2016, before me, MA , a Notary Public, in and for the State of Iowa, personally appeared Roy'. Buol and Kevin Firnstahl to me personally known and who, being duly sworn, did say that they are the Mayor and City Clerk, 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 resiolution adoptee by th City Council, of the City of Dubuque City Council on the / day of ;' ,� , 2016, and Roy D. Buol and Kevin Firnstahl acknowledged the execu ion of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. PAMEL , J. Mcc iwROM Commission Number, 772419 My Comm. Exp.4--`7,,2Gig 5 4 Ca_z/to Notary Public