Loading...
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 111111 11 11 11 is 11 11 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/