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:
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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.
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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
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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