28E Agreement - Dubuque Community School District Copyright 2014
City of Dubuque Consent Items # 19.
ITEM TITLE: 28E Agreement- Dubuque Community School District
SUMMARY: City Manager recommending approval of a 28E Agreement
with Dubuque Community School District for the
construction of public roadway improvements at the
intersection of West Locust Street and Clarke Drive to
accommodate proposed campus improvements at Senior
High School.
RESOLUTION Approving a 28E Agreement for
construction of roadway improvements at West Locust
Street and Clarke Drive between the City of Dubuque, Iowa
and Dubuque Community School District
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
28E Agreement with Dubuque Community School City Manager Memo
District-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Exhibit B Supporting Documentation
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: Roadway Improvement Project at West Locust Street and Clarke Drive
DATE: March 28, 2016
City Engineer Gus Psihoyos recommends City Council approval of a 28E Agreement
with Dubuque Community School District for the construction of public roadway
improvements at the intersection of West Locust Street and Clarke Drive to
accommodate proposed campus improvements at Senior High School. Because of the
proposed Senior High School campus changes and the relocation of the main entrance,
there is a need for certain intersection improvements including turning lanes, a raised
concrete island, and associated cross walks, ramps and pavement markings.
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
THE CITY OF �- Dubuque
DUB E
Ap-A�ricaCitY
1
Masterpiece on the Mississippi 200;•2012•2013
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer ,
SUBJECT: Roadway Improvement Project at West Locust Street and Clarke Drive
DATE: March 25, 2016
INTRODUCTION
This memo provides information regarding the approval of an Agreement with developer
Dubuque Community School District (DCSD) for the construction of public roadway
improvements at the intersection of West Locust Street and Clarke Drive.
BACKGROUND
Recently, DCSD had submitted preliminary plans to improve an area of their Senior
High School campus in an area immediately south of the intersection of West Locust St.
and Clarke Dr. The plans show the main entrance to the school parking lot being
moved from its existing location just downhill from the intersection on Locust to a point
directly south of the intersection (please see Exhibit B attached to this memo). Because
of the proposed campus changes and the relocation of main entrance, it was agreed
that there is a need for certain intersection improvements including turning lanes, a
raised concrete island, and associated cross walks, ramps and pavement markings.
DISCUSSION
A 28E Agreement between the City and DCSD was drafted which requires the City and
DCSD to make certain roadway improvements at the intersection of Locust and Clarke
to accommodate proposed campus improvements.
The City and DCSD agree that construction of the improvements must be completed
prior to the opening of the main school driveway/access point south of the intersection
shown on the attached Exhibit B.
DCSD will be responsible for the preparation of the project design plans and
specifications. Plans and specifications will be prepared using the latest City of
Dubuque Engineering Standards and SUDAS Standards. The City will be responsible
for the construction of the project. All construction costs incurred by the City, except as
provided for in the agreement, will be reimbursed to the City by DCSD. The City will
also be responsible for reviewing the plans and specifications, project bidding and
award, and construction staking and observation.
RECOMMENDATION
I recommend that the City Council approve the 28E Agreement with DCSD for
construction of public roadway improvements at West Locust Street and Clarke Drive by
the adoption of the attached resolution.
ACTION TO BE TAKEN
I respectfully request approval of the 28E Agreement with DCSD for construction of
public roadway improvements at West Locust Street and Clarke Drive through the
adoption of the enclosed resolution.
Prepared by: Nate Kieffer, PLS
cc: Bob Schiesl, Assistant City Engineer
Kyle Kritz, Associate Planner
Don Vogt, Operation and Maintenance Manager
John Klostermann, Streets and Sewer Maintenance Supervisor
David Ness, Traffic Engineer
Jon Dienst, Civil Engineer II
2
Paul D. Pate
Secretary of State
State of Iowa
28E
Agreement
FOR OFFICE USE ONLY:
FILED
M508962
4/13/2016 10:49:43 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)
Improvements to the public right of way set forth herein DCSD desires to make site improvements which will include
a new route of vehicular access to the DSCD Property immediately south of the Intersection at West Locust and
Clarke Drive.
Item 4. The duration of this agreement is: (check one) ❑Agreement Expires Indefinite Duration
[mm/dd/yyyy]
Item 5. Does this agreement amend or renew an existing agreement? (check one)
m NO
❑ 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: http://sos.iowa.gov/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 Community School District
School District
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)
Improvements to the public right of way set forth herein DCSD desires to make site improvements which will include
a new route of vehicular access to the DSCD Property immediately south of the Intersection at West Locust and
Clarke Drive.
Item 4. The duration of this agreement is: (check one) ❑Agreement Expires Indefinite Duration
[mm/dd/yyyy]
Item 5. Does this agreement amend or renew an existing agreement? (check one)
m NO
❑ 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: http://sos.iowa.gov/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
28E AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE COMMUNITY SCHOOL DISTRICT
This Agreement ("Agreement"), dated for reference purposes the 14th day of March,
2016, is made and entered into by and between the Dubuque Community School District
("DCSD") and the City of Dubuque, Iowa ("City").
Whereas, DCSD is the owner of the property shown on Exhibit A ("DCSD Property");
and
Whereas, DCSD desires to make site improvements ("Site Project") which will
include a new route of vehicular access to the DSCD Property immediately south of the
Intersection at West Locust and Clarke Drive ("Intersection"); and
Whereas, City and DCSD have determined that the Site Project will require certain
improvements to the public right of way set forth herein ("Required Improvements"); and
Whereas, City is willing to construct the Required Improvements subject to the
conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN DCSD AND CITY AS
FOLLOWS:
SECTION 1. REQUIRED IMPROVEMENTS. Except as set forth in Section 5 below, at
its own cost, City agrees with respect to the Site Project as follows:
1. To construct the West Locust and Clarke Drive public Intersection
improvements, including a raised concrete island, as shown on Exhibit B.
2. To design and construct associated curb ramps and cross walks and make
any necessary utility adjustments at the Intersection as shown on Exhibit B.
3. To design and construct associated pavement markings and street signage
at the Intersection as shown on Exhibit B.
4. To provide any and all construction staking and surveying necessary to
construct the Site Project according to approved plans.
5. To provide any and all materials testing services as required in the Site
Project plans and specifications.
6. To review final design plans for the Required Improvements shown on Exhibit
B.
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7. To contract with an appropriate traffic engineering consultant to review the
preliminary geometrics of the Intersection improvements.
8. To conduct traffic count and speed study at Intersection and provide data to
the consultant to be used in Intersection design.
9. To provide construction inspection/observation services for the project to
ensure the Site Project is built according to the Site Project plans and specifications.
10. To provide paver materials and labor to install, if included in the final design,
for the raised concrete island surface shown on Exhibit B.
11. The construction items shown on the attached Exhibit B are for general
information only. Final construction items will be based on the results of the
approved final engineering plans for the Intersection Site Project.
SECTION 2. PLANS FOR CONSTRUCTION OF IMPROVEMENTS.
2.1. DCSD will prepare plans and specifications with respect to the construction of the
Required Improvements ("Construction Plans") which shall be in conformity with all
applicable state and local laws and regulations. Plans and specifications must be prepared
using the latest City of Dubuque Engineering Standards and SUDAS Standards. DCSD
must submit to City for approval all plans, drawings, specification and related documents
with respect to the Required Improvements to be constructed by City.
2.2. All work with respect to the Required Improvements must be in substantial
conformity with the Construction Plans approved by City.
SECTION 3. TIMING OF REQUIRED IMPROVEMENTS.
3.1. City and DCSD agree that construction of the Required Improvements must be
completed prior to the opening of the main school driveway/access point south of the
Intersection shown on Exhibit B.
3.2. The time frames for the performance of the construction of the Required
Improvements will be suspended due to unavoidable delays, meaning delays outside the
control of the party claiming its occurrence in good faith, which are the direct result of
strikes, other labor troubles, unusual shortages of materials or labor, unusually severe or
prolonged bad weather, acts of God, fire or other casualty to the Required Improvements,
litigation commenced by third parties which, by injunction or other similar judicial action or
by the exercise of reasonable discretion directly results in delays, or acts of any federal,
state or local government which directly result in extraordinary delays. The time for the
construction of the Required Improvements will be extended only for the period of such
delay.
2
SECTION 4. APPROVALS REQUIRED.
4.1. This Agreement is subject to final approval by both the City Council and DCSD's
Board of Education.
4.2. Any construction contract for the Required Improvements awarded pursuant to this
Agreement shall be subject to the prior written approval of both the City Council and
DCSD's Board of Education ("Construction Contract").
4.3. Any change orders or modifications to the Construction Contract shall be subject to
the prior written approval of both the City Council and DCSD's Board of Education
("Change Orders").
SECTION 5. COST OF CONSTRUCTION AND REIMBURSEMENT BY DCSD.
5.1. In consideration for City's construction of the Required Improvements, DCSD shall
reimburse City the amounts set forth in the Construction Contract, including change
order(s), if any, awarded pursuant to Section 4.2 promptly upon payment of such amounts
by City, provided, however that prior to any payment by City under the Construction
Contract, DCSD shall be (a) given copies of all payment requests and related documents,
and (b) afforded a reasonable opportunity not to exceed 10 days to review and object
thereto. Notwithstanding an objection by DCSD, if any, City shall have exclusive discretion
whether or not a payment is made under the Construction Contract.
5.2. DCSD shall also reimburse City for all costs incurred by City under Section 1.4 and
1.5 upon receipt of a statement for such costs from City.
5.3. Without its prior approval under Section 4.2, DCSD shall not be responsible to
reimburse City for any Change Orders to the Construction Contract.
5.4. At all times, title to and legal ownership of the intersection shall belong to City. After
termination of this Agreement, City shall be responsible at its own cost and expense to
maintain the Intersection and Required Improvements.
SECTION 6. DEFAULT, NOTICE AND REMEDIES.
6.1. In the event either party determines the other has defaulted in the performance of a
material obligation hereunder, the aggrieved party may declare that default has occurred
and give notice thereof to the defaulting party.
6.2. Notice of default shall be given in writing, shall specify the nature of the default and
the provision of this Agreement in default, and shall further specify what action is required
of the defaulting party to remedy the default.
6.3. The defaulting party shall have thirty (30) days from the date of the notice of default
to remedy the default. If the default has not been remedied by the end of such thirty (30)
3
day period, the aggrieved party may pursue its remedies as provided herein.
6.4. Notwithstanding the foregoing, if the default is of such a nature that it is unable to be
remedied within said thirty (30) day period, the defaulting party shall not be in breach of this
Agreement so long as the defaulting party is making good faith efforts (as reasonably
determined by the non -defaulting party) to remedy the default during said thirty (30) day
period and remedies the default as soon thereafter as is reasonably possible.
6.5. Either party may, at its option, after declaring default and giving notice thereof as
provided above, seek termination or specific performance of this Agreement.
6.6. In order to obtain termination or specific performance of this Agreement, the party
seeking such relief shall, after expiration of the thirty (30) day period following receipt of
notice of default referred to above, commence a proceeding for termination or specific
performance in the Iowa District for Dubuque County. The petitioning party may seek
termination and specific performance as alternative forms of relief. Nothing in this
Agreement shall be construed to require the petitioning party to elect its remedy at the time
suit is filed.
SECTION 7. EFFECT OF TERMINATION. In the event of termination of this Agreement
for any reason, DCSD shall reimburse City only for such portions of the construction which
have occurred prior to the effective termination date.
SECTION 8. MODIFICATION OF THIS AGREEMENT. No waiver, change, modification
or amendment of this Agreement shall be binding upon either party unless such changes
are proposed in writing and are approved by both parties.
SECTION 9. BINDING ON SUCCESSORS AND ASSIGNS. This Agreement is binding
upon the parties hereto and successors and assigns. Notwithstanding anything to the
contrary, this Agreement may not be assigned by either party.
SECTION 10. INDEMNITY AND HOLD HARMLESS.
10.1. School District Obligation. DCSD hereby agrees to indemnify, defend and hold
harmless City, its officers, agents, and employees, or any other persons acting on its
behalf, against any and all claims, suits, actions, debts, damages, costs, charges, and
expenses, including court costs and attorney's fees, and against all liability for property
damage and personal injury, including death resulting directly or indirectly therefrom,
arising from any act of negligence of DCSD or its agents or employees in the performance
or nonperformance of this Agreement.
10.2. City Obligation. City agrees to indemnify, defend, and hold harmless DCSD, its
officer, agents, and employees, against any and all claims, suits, actions, debts, damages,
costs, charges, and expenses, including court costs and attorney's fee, and against all
liability for the property damage and personal injury, including death resulting directly or
indirectly therefrom, arising from any act of negligence of City, its agents, employees, or
4
any other persons acting on its behalf in the performance or nonperformance of this
Agreement.
10.3. Notices. Whenever this Agreement requires or permits any notice or written request
by one party to another, it shall be deemed to have been properly given if and when
delivered in person or three (3) business days after having been deposited in any U.S.
Postal Service and sent by registered or certified mail, postage prepaid, addressed as
follows:
If to City:
If to DCSD:
Dated:
City Manager
City Hall
50 West 13th Street
Dubuque, IA 52001
Superintendent of Schools
Dubuque Community School District
2300 Chaney Road
Dubuque, IA 52001
CITY OF DUBUQUE, IOWA
By:
Michel C. Van Milligen
City Manager
Attest:
By:
Ke 'n Firnstahl, Ci ` Ierk
5
Dated: March 14, 2016
DUBUQUE COMMUNITY SCHOOL
DISTRICT
By: „ea
Michael J. De ohue
President, B card of Education
Attest:
B
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RESOLUTION NO. 113-16
APPROVING A 28E AGREEMENT FOR CONSTRUCTION OF ROADWAY
IMPROVEMENTS AT WEST LOCUST STREET AND CLARKE DRIVE BETWEEN THE
CITY OF DUBUQUE, IOWA AND DUBUQUE COMMUNITY SCHOOL DISTRICT
WHEREAS, the City of Dubuque is party to a 28E Agreement with Dubuque
Community School District for construction of public roadway improvements at West
Locust Street and Clarke Drive dated March 14, 2016; and
WHEREAS, the City of Dubuque has determined that the project will require certain
improvements to the public right of way and Dubuque Community School District agrees
that such improvements are reasonable and necessary; and
WHEREAS, the City of Dubuque has reviewed and approved the preliminary
design and construction plans for said public roadway improvements; and
WHEREAS, Dubuque Community School District has executed the 28E
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The 28E Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the 28E
Agreement on behalf of the City of Dubuque
PASSED, APPROVED, AND ADOPTED this 4th day of April, 2016.
C4 /....L.4//1
Roy D. ByGI;Mayor
ATTEST:
Kevin S FFirnstahl, Cityt erk