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HomeMy WebLinkAbout2020-04-20-J01O Traffic Signal Warranty Study MOUAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 20, 2020 AGENDA ITEM:Consideration of approval of a resolution approving Memorandum of Understanding between the Cities of Clive and Waukee [Traffic Signal Warranty Study, Hickman Road and Berkshire Parkway/E Waco Place Intersection] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The City of Waukee currently has the signalization of the intersection of E Hickman Rd and Waco Pl/Berkshire Pkwy programmed in the current FY20-26 Capital Improvements Plan (CIP) for FY22 (July 1, 2021 to June 30, 2022). The City of Clive also has this project in their CIP for the same time as this project is a joint project between the two communities, with a 50/50 cost sharing responsibility for each City. Hickman Rd is under the Iowa Department of Transportation’s jurisdiction and a traffic signal warrant study is a requirement prior to installation of a traffic signal at any intersection. The warrant study will determine which traffic signal warrants are met and also generate sound data to support both Cities as we jointly apply for state grants to assist with the construction costs. Clive will be the lead on the study. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Total study cost is a not to exceed amount of $13,250. Waukee’s share is 50% or $6,625 due upon receipt of invoice from the City of Clive. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff recommends approval of the memorandum of understanding and proceeding with the traffic signal warrant study as outlined in the attached MOU. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Resolution II. Memorandum of Understanding PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1O THE CITY OF WAUKEE, IOWA RESOLUTION 2020- APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CLIVE AND THE CITY OF WAUKEE [TRAFFIC SIGNAL WARRANT STUDY, HICKMAN ROAD AND BERKSHIRE PARKWAY/SE WACO PLACE INTERSECTION] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, the Cities of Clive and Waukee wish to undertake a traffic signal warrants, provided by Snyder & Associates, Inc., for the intersection of Hickman Road (U.S. Highway 6) and Berkshire Parkway/SE Waco Place; AND, WHEREAS, the study shall collect data, review community development plans, and review safety and traffic signal warrants to begin planning for potential traffic signalization improvements at said intersection; AND, WHEREAS, a Memorandum of Understanding is proposed between the two municipalities related to the study; AND, WHEREAS, the Cities of Clive and Waukee shall share equally in the cost of the study; AND, WHEREAS, the City Attorney has reviewed the memorandum of understanding and finds it satisfactory. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 20th day of April, 2020, that it hereby approves a Memorandum of Understanding between the City of Clive and the City of Waukee [Traffic Signal Warrant Study, Hickman Road and Berkshire Parkway/SE Waco Place Intersection]. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1 MEMORANDUM OF UNDERSTANDING PROFESSIONAL SERVICES AGREEMENT FOR A TRAFFIC SIGNAL WARRANT STUDY OF THE INTERSECTION OF US 6 (HICKMAN ROAD) AND BERKSHIRE PARKWAY/SE WACO PLACE IN CLIVE, IOWA PROVIDED BY THE SNYDER & ASSOCIATES, INC This Memorandum of Understanding (“Agreement”) is hereby entered into this ____ day of ___________, 2020, by and between the City of Clive (“Clive”) and the City of Waukee (“Waukee”) (each a “Party” and collectively referred to as the “Parties”). WHEREAS, The Parties have identified a need to complete a traffic signal warrant study for the intersection of Hickman Road (US 6) and Berkshire Parkway/SE Waco Place in Clive, Iowa and Waukee, Iowa; and WHEREAS, This intersection being an intersection shared by both Parties, the Parties have an interest in sharing the traffic signal warrant study services; and WHEREAS, Clive and Waukee desire to work together on the traffic signal warrant study with each City contributing to the traffic signal warrant study; and WHEREAS, Clive and Waukee will share equally in the cost of the engineering traffic signal warrant study, and WHEREAS, the parties desire to enter into this Agreement on a short-term basis with the following stated terms and conditions. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: 1. Purpose. The Cities of Clive and Waukee would like to complete an engineering traffic signal warrant study of the intersection of Hickman Road (US 6) and Berkshire Parkway/SE Waco Place (the “Study”). This Study will collect data, review community development plans from the municipalities, and review safety and traffic signal warrant at the intersection to begin planning for potential traffic signalization improvements at the intersection. The findings will be used to consider potential improvements and if a traffic signal is warranted, to pursue approval and safety and /or operational funding from the Iowa DOT. 2. The Parties desire to work together on the Study. Clive will lead the Study. All parties have mutually agreed upon the scope for the Study and have agreed to select Snyder & Associates , Inc. as the consultant for the Study. If mutually agreed upon by the Parties and memorialized in writing additional planning services may be requested of Snyder & Associates, subject to the provisions of this Agreement. 3. Cost and Contribution. Clive will pay Snyder & Associates for their services, a not-to-exceed amount of Thirteen Thousand Two-Hundred Fifty Thousand Dollars ($13,250), billed monthly.. Any modification to the not-to-exceed amount shall be in writing and approved by the Parties. Waukee will pay Clive fifty percent (50%) of Snyder & Associates’ invoiced fees within thirty (30) days after Clive invoices Waukee for said services. 4. Duration. Subject to the provisions discussed below in Section 5, “Modification and Termination”, this Agreement shall remain in effect through the completion of the Study, estimated to be October 1, 2020. The term of this Agreement may be extended by written agreement signed by authorized representatives for the Parties. 5. Modification and Termination. Either Party to this Agreement may withdraw from this Agreement upon not less than five (5) business days advance written notice by the withdrawing Party to the other Party hereto. If either Clive or Waukee withdraw they shall be obligated to compensate the other, in accordance with Section 3 in this Agreement, for their share of outstanding expenses 2 incurred to date that are associated with the Study. Any modifications or amendments to this Agreement shall be in writing and approved by the Parties. 6. Notice. All notices under this Agreement shall be in writing and deemed to be given when deposited in the mail with the United States Post Office. Notice to Clive shall be addressed to Clive City Manager, Clive City Hall, 1900 NW 114th Street, Clive, Iowa 50325. Notice to Waukee shall be addressed to Waukee City Manager, Waukee City Hall, 230 Hickman Road, Waukee, Iowa 50263. If, during the term of this Agreement, either Party shall decide to change the address of its notice, it shall promptly notify the other parties of said new address in writing. 7. Hold Harmless and Indemnification. To the extent permitted by law (including the Iowa Tort Claims Act, Iowa Code Chapter 669), each Party shall indemnify and hold the other harmless from and against liabilities, losses, damages, claims, or causes of action, and any connected expenses that are caused, directly or indirectly, by or as a result of the negligent performance by the other Party (or by their agents or employees) of this Agreement, except that nothing herein shall be construed to require either Party to indemnify the other Party from that Party's negligent actions or omissions of, or reckless, intentional and willful conduct. 8. Miscellaneous. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Iowa. The Parties each agree and consent to jurisdiction in Dallas County, Iowa. This Agreement contains the entire Agreement among the Parties and may not be changed except by an amendment in writing signed by each of the Parties to this Agreement. If any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall continue in full force and effect. Clive and Waukee agree to execute and deliver such additional instruments and documents and to take all such other action as the Parties may reasonably request from time to time in order to effect the provisions and purposes of this Agreement. By authorized signature of this Agreement, the Parties agree to this Agreement for the provision of planning services for the Study. City of Clive (Signature) Date _______________________________________ (Print Name, Title) City of Waukee (Signature) Date _______________________________________ (Print Name, Title) Courtney Clarke, Mayor 04/20/2020