28E Agreement - Key West Drive Reconstruction Project_Dubuque County Copyright 2014
City of Dubuque Consent Items # 8.
ITEM TITLE: 28E Agreement- Key West Drive Reconstruction Project
SUMMARY: City Manager recommending approval of a resolution to
rescind Resolution No 86-16 and authorize the Mayor to
executed a revised 28E Agreement for the reconstruction
of Key West Drive.
RESOLUTION Rescinding Resolution No. 86-16 and
approving a 28E 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
28E Agreement with Dubuque County for City Manager Memo
Reconstruction of Key West Drive-MVM 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: 28E Agreement between the City of Dubuque and Dubuque County for the
Reconstruction of Key West Drive
DATE: April 13, 2016
The City received notification that Dubuque County is proceeding with the
reconstruction of Key West Drive. Dubuque County's scope of the project is to
reconstruct Key West Drive from Kremer Park Drive to US 151/61. The reconstruction
project by Dubuque County presents an opportunity to partner with them. As the road is
under construction, a City water main can be constructed from Maquoketa Drive to
Military Road along the same corridor which will service the Twin Ridge Water System
and the Southwest Arterial.
On March 14, 2016, the City Council approved a 28E agreement between the City and
Dubuque County for this project. Dubuque County had the same agreement on its
agenda at its March 14, 2016 Board of Supervisors Meeting. Dubuque County did not
approve the 28E Agreement but instead requested additional review and changes. The
Agreement was modified and Dubuque County approved and signed the revised 28E
Agreement on April 11, 2016.
City Engineer Gus Psihoyos recommends City Council approval of a resolution to
rescind Resolution No 86-16 and authorize the Mayor to executed a revised 28E
Agreement for the reconstruction of Key West Drive.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael 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 Dui
D V r
L L Aill-A�imeiiicaiC•itfli
1 III[
I
Masterpiece otl the Mississippi zou •2uiz•zo,�
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: 28E Agreement between the City of Dubuque and Dubuque County for the
reconstruction of Key West Drive
DATE: April 11, 2016
INTRODUCTION
The enclosed resolution provides for City Council consideration of the rescission of
Resolution No. 86-16 and authorizes the Mayor to execute a revised 28E Agreement
between the City of Dubuque and Dubuque County for the reconstruction of Key West
Drive.
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 US 151/61. 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 from Maquoketa Drive to Military
Road along the same corridor which will service both the Twin Ridge Water System and
the Southwest Arterial.
On March 14, 2016, the City Council approved a 28E agreement between the City and
Dubuque County for this project. Dubuque County had the same agreement on its
agenda at its March 14, 2016 Board of Supervisors meeting. The City learned on
March 15, 2016 that Dubuque County did not approve the 28E Agreement the night
before but instead requested additional review and changes.
DISCUSSION
The Board of Supervisors tabled the Agreement pending further clarification regarding
the maintenance of the public water main. The Agreement has been modified and
reviewed by both parties. The County approved and signed the revised 28E Agreement
on April 11, 2016.
RECOMMENDATION
I recommend that the City Council approve the attached resolution to rescind Resolution
No. 86-16 and authorize the mayor to execute the revised 28E Agreement.
cc: Maureen Quann, Asst. City Attorney
Jenny Larson, Budget Director
Bob Green, Water Department Manager
Jon Dienst, Civil Engineer II
Brant Schueller, Water Distribution Supervisor
2
Paul D. Pate
Secretary of State
State of Iowa
28E
Agreement
FOR OFFICE USE ONLY:
FILED
M508970
4/19/2016 11:22:33 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: 310 Water System
*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)
Reconstruction of Key West Drive to extend a public water main which will service the Twin Ridge Water System
and the future extension of water service along the Southwest Arterial corridor within the City of Dubuque
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)
® 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: htto://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 County
County
Dubuque
Party 3
Party 4
Party 5
Item 2. The type of Public Service included in this agreement is: 310 Water System
*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)
Reconstruction of Key West Drive to extend a public water main which will service the Twin Ridge Water System
and the future extension of water service along the Southwest Arterial corridor within the City of Dubuque
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)
® 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: htto://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
Paul D. Pate
Secretary of State
State of Iowa
28E
Agreement
FOR OFFICE USE ONLY:
FILED
M508984
4/28/2016 7:48:14 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)
Key West Dr: County proposes grading, paving, reconstruction from Kremer Park Dr and continuing southward and
City proposes reconstruction from Maquoketa Dr to Kremer Park Dr and to extend a public water main which will
service Twin Ridge Water System
Item 4. The duration of this agreement is: (check one) EAgreement Expires ❑✓Indefinite Duration
[mm/dd/yyyy]
Item 5. Does this agreement amend or renew an existing agreement? (check one)
❑✓ 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
Dubuque County
County
Dubuque
Party 2
City of Dubuque
City
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)
Key West Dr: County proposes grading, paving, reconstruction from Kremer Park Dr and continuing southward and
City proposes reconstruction from Maquoketa Dr to Kremer Park Dr and to extend a public water main which will
service Twin Ridge Water System
Item 4. The duration of this agreement is: (check one) EAgreement Expires ❑✓Indefinite Duration
[mm/dd/yyyy]
Item 5. Does this agreement amend or renew an existing agreement? (check one)
❑✓ 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
RESOLUTION NO. 124-16
RESCINDING RESOLUTION NO. 86-16 AND APPROVING A 28E FUNDING
AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY FOR
THE RECONSTRUCTION OF KEY WEST DRIVE
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Whereas, Dubuque County rejected the 28E Agreement pending further review
and revisions; and
Whereas, the City Council passed Resolution 86-16, dated March 14, 2016,
approving the 28E Agreement between the City of Dubuque and Dubuque County for
the reconstruction of Key West Drive; and
Whereas, the 28E Agreement will be revised and Resolution 86-16 should be
rescinded.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
Section 1. The City Council of the City of Dubuque, Iowa hereby approves of,
accepts and consents to the revised 28E Agreement between the City of Dubuque and
Dubuque County.
Section 2. Resolution 86-16 is hereby rescinded.
Section 3.The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque the revised 28E Agreement.
Passed, adopted and approved this 18th day of April, 2016.
Ric W. es, ayor Pro -Tem
Attest:
Kevin Firnstahl IVIG, City Clerk
RESOLUTION NO. Iti
WHEREAS, Dubuque County and the City of Dubuque have agreed to partner on the grading and
paving reconstruction of Key West Drive, Dubuque County Project No. LOST -17(01)-73-31, 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 said proj ect,
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 Key West
Drive grading and paving reconstruction project.
Adopted this 11th day of April, 2016.
Wayne D mmer, Chair
Dubuque County Board of Supervisors
ATTEST:
Denise M. Dolan, Dubuque County Auditor
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Doc ID 008422810005 Type GEN
Kind: 28E AGREEMENT
Recorded: 04/25/2016 at 04:02:38 PM
Fee Amt: $0.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
File2016-00004574
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 the `% day of
i , 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
coo -n � I�e-
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 less 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
If funding allows, the extension of the public water main along Key West
Drive from Military Road to St. Joseph's Catholic Church in accordance
with the plans submitted to the County on or before March 22, 2016; and
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.
City Engineering and Water Department staff will be responsible for the
construction testing and observation of all City related work.
E. City shall be responsible for all future maintenance and associated costs
of the public water main.
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 party will be responsible for its own work in the Public Improvement.
6.4 Each party will pay its respective proportionate share of the Traffic Control and
Mobilization bid items based on the final divisional costs.
SECTION 7. 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,
3
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.
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 B : DUBUQUE COUNTY BOARD OF SUPERVISORS
WaynDemmer, Chair
4
Date: April11th 2016.
ATTEST: 7.)
Denise M. Dolan, Dubuque County Auditor
On this 11th day of April , 2016, before me, Mary Ann Specht , a Notary
Public, in and for the State of Iowa, personally appeared Wayne Demmer and Denise
M. Dolan, to me personally known and who, being duly sworn, did say that they are the
Chairperson of the Board of Supervisors and Auditor, respectively, of the County of
Dubuque, Iowa; and Wayne Demmer and Denise M. Dolan 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 BY: CITY OF DUBUQUE, IOWA
Roy -D.
Ric W. Jon s, Mayor Pro -Tem
ATTEST:
Kevi'..F'' nstahl, City Clierk
On this 18th day of April , 2016, before me,
Notary Public
MARY ANN SPECHT
Commission Number 153563
My Comm. Exp. / i
Date: April 18 , 2016.
, a* Notary Public, in and for the State of Iowa, personayyappeared RoyD--Buel 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; and Roy -Dal 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.
*Ric W. Jones, Mayor Pro -Tem
5
IA,lYlV, r
Notary Public
PAMELA J. AcCAfRON
Commission Num er 772419
My Comm. Exp. 527/