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Home My WebLink About2022-04-04 J01G_01 Hickman Rd-NW 161st St Intersection_MOUAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 4, 2022 AGENDA ITEM:Consideration of approval of a resolution approving Memorandum of Understanding with the City of Clive for the Design of the U.S. Highway 6 (Hickman Road) and NW 161st Street/SE Legacy Pointe Boulevard Intersection Improvements Project. FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The Cities of Clive and Waukee would like to complete the design of intersection improvements at Hickman Road (US Hwy 6) and NW 161st Street/SE Legacy Pointe Boulevard which will include the signalization of the intersection along with other necessary improvements. Clive will be the lead agency for this project. The Cities of Clive and Waukee staff mutually agreed upon the scope for the Study and have agreed to select Snyder & Associates Inc. as the consultant for the design. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Clive will pay Snyder & Associates for their services, a not-to exceed amount of $76,200, billed monthly. Any modifications to the not-to-exceed amount shall be in writing and approved by both Cities. The City of Waukee will pay Clive 25% of Snyder & Associates’ invoiced fees. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff recommend approval of the memorandum of understanding for the design of the U.S. Highway 6 (E. Hickman Rd) & NW 161st Street/SE Legacy Pointe Boulevard Intersection Improvements Project in Clive, Iowa and Waukee, Iowa provided by Snyder & Associates, Inc. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Resolution II. Memorandum of Understanding PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK J1G1 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CLIVE AND THE CITY OF WAUKEE [DESIGN OF THE U.S. HIGHWAY 6 (HICKMAN ROAD) AND NW 161ST STREET/SE LEGACY POINTE BOULEVARD INTERSECTION IMPORVEMENTS] 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 intend to undertake the design of intersection improvements, provided by Snyder & Associates, Inc., for the intersection of U.S. Highway 6 (Hickman Road) and 161st Street/SE Legacy Pointe Boulevard; AND, WHEREAS, the study shall collect data, review community development plans, and review safety data 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 City of Waukee will pay Clive 25% of Snyder & Associates invoiced fees; 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 4th day of April, 2022, 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 Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1 MEMORANDUM OF UNDERSTANDING PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF THE U.S. HIGHWAY 6 (HICKMAN ROAD) & NW 161ST STREET/SE LEGACY POINTE BOULEVARD INTERSECTION IMPROVEMENTS PROJECT IN CLIVE, IOWA AND WAUKEE, IOWA PROVIDED BY SNYDER & ASSOCIATES, INC This Memorandum of Understanding (“Agreement”) is hereby entered into this ____ day of ___________, 2022, 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 make improvements to the intersection of Hickman Road (US 6) and NW 161st Street/SE Pointe Boulevard 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 intersection improvements design services; and WHEREAS, Clive and Waukee desire to work together on the intersection improvements design with each City contributing to the traffic signal warrant study; and WHEREAS, Clive and Waukee will share in the cost of the engineering design services with Clive paying 75% and Waukee paying 25%, 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 the design of intersection improvements at Hickman Road (US 6) and NW 161st Street/SE Legacy Pointe Boulevard (the “Project”). The Project will include the signalization of the intersection along with other necessary improvement. 2. The Parties desire to work together on the Project. 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 design. 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 Seventy Six Thousand Two-Hundred Dollars ($76,200), billed monthly. Any modification to the not-to-exceed amount shall be in writing and approved by the Parties. Waukee will pay Clive twenty-five percent (25%) 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 Project, estimated to be October 1, 2023. 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 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. 2 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 Administrator, 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 By: ___________________________________ ______________ John Edwards, Mayor Date City of Waukee By: ___________________________________ ______________ Courtney Clarke, Mayor Date