HomeMy WebLinkAbout2023-05-01 J01E_01 Hickman Rd and 161st St-SE Legacy Pointe Blvd Intersection Phase 1_28E AgrAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 1, 2023
AGENDA ITEM:Consideration of approval of a resolution approving Intergovernmental
Agreement between the City of Clive, Iowa, and the City of Waukee, Iowa
[Hickman Road (US 6) & 161st Street/SE Legacy Pointe Boulevard
Intersection Improvements Phase 1 Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: The agreement is for a public improvement project
involving the construction of certain roadway improvements in Clive and Waukee, Including
improvements of the intersection of US Highway 6 (Hickman Road) and NW 161st Street/SE Legacy
Pointe Boulevard to include extensions of the existing left turn lanes, new traffic signalization, and a
trial crossing on the north side of the intersection.
The “Total Project Cost” shall include, but not be limited to, (a) the cost of the work performed under
the Engineering Services Agreement with Snyder & Associates, Inc. for Professional Services,
including, but not limited to, surveying, preparation of plans and specifications for the Project, and
preparation of bid documents for the Project, (b) project management and contract administration
services, and (c) actual construction costs of the Project. The parties agree that the preliminary Total
Project Cost estimate for the Project is $934,500.00 as presented in Exhibit B. The allocation of the
Total Project Cost between Clive and Waukee shall be 75 percent for Clive ($700,875.00) and 25
percent for Waukee ($233,625.00).
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: The parties agree that the
preliminary Total Project Cost estimate for the Project is $934,500.00 as presented in Exhibit B. The
allocation of the Total Project Cost between Clive and Waukee shall be 75 percent for Clive
($700,875.00) and 25 percent for Waukee ($233,625.00).
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the Resolution.
ATTACHMENTS: I. Resolution
II. Intergovernmental Agreement
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester RK
J1E1
1
THE CITY OF WAUKEE, IOWA
RESOLUTION 2023-
APPROVING INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF
CLIVE AND WAUKEE, IOWA FOR THE U.S. HIGHWAY 6 (HICKMAN ROAD) & NW
161ST STREET/SE LEGACY POINTE BOULEVARD INTERSECTION
IMPROVEMENTS PHASE 1 PROJECT
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, the City of Clive, Iowa, an Iowa municipal corporation (“Clive”), and the City of
Waukee, Iowa, an Iowa municipal corporation (“Waukee”) (Clive and Waukee together
hereinafter referred to as the “Parties”) deem it beneficial to jointly undertake a public
improvement project involving the construction of certain roadway improvements at the
intersection of US Highway 6 (Hickman Road) and NW 161st Street/SE Legacy Pointe
Boulevard; AND,
WHEREAS, under Chapter 28E of the Code of Iowa, Clive, as a public agency, may enter into
an Agreement with Waukee, another public agency, to provide services to the mutual advantage
of both agencies; AND,
WHEREAS, the total project cost estimate for the Project is $934,500.00. The allocation of the
Total Project Cost between Clive and Waukee shall be 75 percent for Clive ($700,875.00) and 25
percent for Waukee ($233,625.00); AND,
WHEREAS, Clive will be the lead agency for the Project; AND,
WHEREAS, Clive shall invoice Waukee for its allocation of the actual project costs and
Waukee agrees to pay Clive withing thirty (30) days after the date of the invoice from Clive.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee approves
the Intergovernmental Agreement between the City of Clive, Iowa and the City of Waukee, Iowa
is hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 1st day of May, 2023.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
2
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF CLIVE AND THE CITY OF WAUKEE FOR THE
U.S. HIGHWAY 6 (HICKMAN ROAD) & NW 161ST STREET / SE LEGACY POINTE
BOULEVARD INTERSECTION IMPROVEMENTS PROJECT
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into this
_____ day of ____________, 2023, by and between the CITY OF CLIVE, IOWA, a municipal
corporation ("Clive"), the CITY OF WAUKEE, IOWA, a municipal corporation (“Waukee”).
(Clive and Waukee are referred to herein individually as a "City" or jointly as the "Cities"),
pursuant to Chapter 28E of the Iowa Code.
WHEREAS, Clive and Waukee deem it beneficial to jointly undertake a public
improvement project involving the construction of certain roadway improvements at the
intersection of US Highway 6 (Hickman Road) and NW 161st Street/SE Legacy Pointe Boulevard;
and
WHEREAS, under Chapter 28E of the Code of Iowa, Clive, as a public agency, may enter
into an Agreement with Waukee, another public agency, to provide services to the mutual
advantage of both agencies.
NOW, THEREFORE, the parties hereto agree as follows:
1. Description of Project and Definition of Project Cost. The project that is the subject
of this Agreement is a public improvement project involving the construction of certain roadway
improvements in Clive and Waukee, including improvements of the intersection of US Highway
6 (Hickman Road) and NW 161st Street/SE Legacy Pointe Boulevard to include extensions of the
existing left turn lanes, new traffic signalization, and a trail crossing on the north side of the
intersection as generally depicted in Exhibit A, attached hereto and incorporated herein by this
reference, (collectively, the “Project”). The “Total Project Cost” shall include, but not be limited
to, (a) the cost of the work performed under the Engineering Services Agreement with Snyder &
Associates, Inc. for Professional Services (“Professional Services Agreement”), including, but not
limited to, surveying, preparation of plans and specifications for the Project, and preparation of
bid documents for the Project (the “Improvements Contract”), (b) project management and
contract administration services, and (c) actual construction costs of the Project. The parties agree
that the preliminary Total Project Cost estimate for the Project is $934,500.00 as presented in
Exhibit B. The allocation of the Total Project Cost between Clive and Waukee shall be 75 percent
for Clive ($700,875.00) and 25 percent for Waukee ($233,625.00).
2. Lead Agency/Project Approval. Clive will serve as the lead agency for the Project,
and will enter into the Professional Services Agreement and the construction contract for the
Project. The Cities agree, however, that each City must approve the construction drawings for the
Improvements before the bid documents may be prepared. The Cities also agree that Clive will not
enter into the Construction Contract until the bids for the Improvements Contract have been
considered and a bid accepted by the Clive City Council and the Waukee City Council respectively.
The City of Clive will be the lead agency, responsible for the daily construction administration of
the project.
3. Allocation of Funding between Cities. The Cities acknowledge and agree that the
actual project costs will be divided 75 percent and 25 percent between Clive and Waukee
respectively. Following acceptance of the project by Clive, Clive shall invoice Waukee for its
allocation of the actual project costs and Waukee agrees to pay Clive within thirty (30) days after
the date of the invoice from Clive.
4. Acquisition of Right-of-way and Easements. Each City acknowledges and agrees
that it is responsible, at its own cost, to obtain any required right-of-way or easements for the
portion of the Project located within their respective jurisdictions.
5. Termination. Prior to the award of the Contract, either City may terminate this
Agreement by providing the other City with written notice not less than thirty (30) days prior to
the effective date of the termination.
6. Notice. Any notice or demand desired or required to be given hereunder shall be in
writing and deemed given when personally delivered or when deposited in the United States mail,
postage prepaid, sent certified or registered, and addressed as follows:
To Clive: City Manager
City of Clive
1900 N.W. 114th Street
Clive, Iowa 50325
To Waukee: City Administrator
City of Waukee
230 W. Hickman Road
Waukee, IA 50263
or to such other address or person as hereafter shall be designated in writing by the applicable
party.
7. Miscellaneous. This Agreement constitutes the entire agreement between the
parties hereto pertaining to the subject matter hereof and supersedes all negotiations, preliminary
agreements and all prior and contemporaneous discussions, agreements and understandings of the
parties in connection with the subject matter hereof. No amendment, change or modification of
any of the terms, provisions or conditions of this Agreement shall be effective unless made in
writing and signed or initialed by all parties. Waiver of any provision of this Agreement shall not
be deemed a waiver of future compliance therewith and such provision shall remain in full force
and effect. In the event any provision of this Agreement is held invalid, illegal or unenforceable,
in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and
shall continue to be valid and enforceable. This Agreement shall be governed by and construed in
accordance with the laws of the State of Iowa. This Agreement shall be binding upon and shall
inure to the benefit of the parties hereto and their respective legal representatives, heirs, successors
and permitted assigns. Nothing in this Agreement, express or implied, is intended to confer upon
any party, other than the parties hereto (and their respective heirs, legal representatives, successors
and permitted assigns), any rights, remedies, obligations or liabilities under or by reason of this
Agreement. In addition to any other remedies available at law or in equity to the parties hereto
with respect to a breach hereof, the parties hereto each reserve the right to enforce this Agreement
by specific performance. The titles or captions of paragraphs in this Agreement are provided for
convenience of reference only, and shall not be considered a part hereof for purposes of
interpreting or applying this Agreement and such title or captions do not define, limit, extend,
explain or describe the scope or extent of this Agreement or any of its terms or conditions. Words
and phrases herein shall be construed as in the singular or plural number, and as masculine,
feminine or neuter gender, according to the context. Each of the parties hereto hereby irrevocably
waives all right to trial by jury in any action, proceeding or counterclaim arising out of or relating
to this Agreement.
8. Filing/Recording of Agreement. After execution by the parties, this Agreement
shall be filed with the Iowa Secretary of State in accordance with the provisions of Iowa Code §
28E.8. The Agreement shall then be recorded in the office of the Dallas County Recorder in
accordance with Iowa Code § 28E.8.
9. Separate Legal Entity. This Agreement is not intended to establish a separate legal
entity.
10. Administrators. The Clive Engineering Services Administrator and the Waukee
Public Works Director shall be the designated administrators of this Agreement.
11. Duration. This Agreement will go into effect upon passage by the Clive City
Council and the Waukee City Council, and filing and recording as provided in paragraph 8 of this
Agreement. This Agreement shall remain in effect until the earliest to occur of the following: (a)
it is terminated by the written agreement of the Cities, (b) it is terminated in accordance with
paragraph 5 of this Agreement, or (c) the improvements associated with the Project are accepted
by the Cities, and Waukee has paid to Clive Waukee's share of the actual Total Project Costs as
outlined in this Agreement.
IN WITNESS WHEREOF, the Cities have executed this Agreement effective as of the date
first above written.
(Signature pages to follow)
CITY OF CLIVE, IOWA
By: _____________________________________
John Edwards, Mayor
(SEAL)
ATTEST:
__________________________________________
Matthew Graham, City Clerk
STATE OF IOWA )
) ss:
COUNTY OF POLK )
On this _____ day of _______________ 2023, before me, _________________________
a Notary Public in and for the State of Iowa, personally appeared Mayor, John Edwards and
Matthew Graham, to me personally known, and, who being by me duly sworn, did say that they
are the Mayor and City Clerk, respectively, of the City of Clive, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation; and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Ordinance No. _______ passed (the Resolution adopted) by the City Council, under Roll Call No.
_________ of the City Council on the _____ day of _____________,2023, and that John Edwards
and Matthew Graham acknowledged the execution of said instrument to be their voluntary act and
deed and the voluntarily act and deed of the corporation, by it voluntarily executed.
_________________________________________
Notary Public in and for the State of Iowa
CITY OF WAUKEE, IOWA
By: _____________________________________
Courtney Clarke, Mayor
(SEAL)
ATTEST:
__________________________________________
Rebecca D. Schuett, City Clerk
STATE OF IOWA )
) ss:
COUNTY OF DALLAS )
On this _____ day of _______________, 2023, before me, _________________________
a Notary Public in and for the State of Iowa, personally appeared Mayor, Courtney Clarke and
Rebecca D. Schuett, to me personally known, and, who being by me duly sworn, did say that they
are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to
the foregoing instrument is the corporate seal of the corporation; and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in Ordinance
No. _______ passed (the Resolution adopted) by the City Council, under Roll Call No. _________
of the City Council on the _____ day of _____________, 2023, and that Courtney Clarke and
Rebecca D. Schuett acknowledged the execution of said instrument to be their voluntary act and
deed and the voluntarily act and deed of the corporation, by it voluntarily executed.
_________________________________________
Notary Public in and for the State of Iowa
HICKMAN RD & 161ST ST / SE LEGACY POINTE BLVDEXHIBITPROJECT NUMBER:
ENGINEERING
CLIVE
DATE:04/07/2023 SHEET NUMBER A
N
Item Unit Total
No.Description Quantity Units Price Cost
EARTHWORK
1.Topsoil, On-site 51.0 CY 85.00$ 4,335.00$
2.Topsoil, Off-site 38.0 CY 150.00$ 5,700.00$
3.Excavation, Class 10, Roadway and Borrow 109.0 CY 50.00$ 5,450.00$
4.Subgrade Preparation 987.0 SY 10.00$ 9,870.00$
5.Subbase, Special Backfill 105.5 SY 30.00$ 3,165.00$
STREETS AND RELATED WORK
6.Pavement, PCC, 10.5 Inch 987.0 SY 160.00$ 157,920.00$
7.Median, PCC, 6 Inch 105.5 SY 130.00$ 13,715.00$
8.PCC Pavement Samples and Testing 1.0 LS 500.00$ 500.00$
9.Removal of Sidewalk 22.3 LS 40.00$ 892.00$
10.Removal of Shared Use Path 102.9 SY 20.00$ 2,058.00$
11.Shared Use Path, PCC, 6 Inch 115.4 SY 150.00$ 17,310.00$
12.Special Subgrade Preparation for Shared Use Path 145.4 SY 12.00$ 1,744.80$
13.Sidewalk, PCC, 5 Inch 33.4 SY 150.00$ 5,010.00$
14.Sidewalk, Temporary Granular 95.7 SY 30.00$ 2,871.00$
15.Detectable Warnings, Cast Iron, Natural Finish 70.0 SF 90.00$ 6,300.00$
16.Pavement Removal 1,115.8 SY 20.00$ 22,316.00$
17.Light Pole, Remove 1.0 EACH 5,000.00$ 5,000.00$
TRAFFIC CONTROL
18.Traffic Signals 1.0 LS 375,000.00$ 375,000.00$
19.Painted Pavement Markings, Durable 146.8 STA 120.00$ 17,616.00$
20.Wet, Retroreflective Removable Tape Markings 86.5 STA 220.00$ 19,030.00$
21.Painted Symbols and Legends, Durable 20.0 EACH 230.00$ 4,600.00$
22.Pavement Markings Removed 132.5 STA 60.00$ 7,950.00$
23.Symbols and Legends Removed 12.0 EACH 160.00$ 1,920.00$
24.Grooves Cut for Pavement Markings 125.5 STA 60.00$ 7,530.00$
25.Grooves Cut for Symbols and Legends 20.0 EACH 160.00$ 3,200.00$
26.Temporary Traffic Control 1.0 LS 25,000.00$ 25,000.00$
27.Permanent Signing Modifications 1.0 LS 3,000.00$ 3,000.00$
28.Portable Dynamic Message Signs 28.0 CDAY 200.00$ 5,600.00$
SITE WORK AND LANDSCAPING
29.Hydro. Seed, Fertilizing, and Mulching, Type 1 0.1 ACRE 20,000.00$ 2,000.00$
30.Filter Sock, 12 Inch 276.0 LF 3.00$ 828.00$
31.Filter Sock, Removal 276.0 LF 0.10$ 27.60$
32.Inlet Protection Device, Open-Throat Intake 8.0 EACH 100.00$ 800.00$
33.Inlet Protection Device, Maintenance and Removal 8.0 EACH 50.00$ 400.00$
MISCELLANEOUS
34.Construction Survey 1.0 LS 500.00$ 500.00$
35.Mobilization 1.0 LS 75,000.00$ 75,000.00$
36.Concrete Washout 1.0 LS 500.00$ 500.00$
CONSTRUCTION TOTAL 814,658.40$
Engineering 64,600.00$
Construction Administration 11,600.00$
Construction Observation (4%)32,500.00$
Construction Testing Services 3,000.00$
Legal and Administration (1%)8,141.60$
TOTAL PROJECT COST 934,500.00$
CLIVE TOTAL PROJECT COST (75%)700,875.00$
WAUKEE TOTAL PROJECT COST (25%)233,625.00$
EXHIBIT B
OPINION OF PROBABLE PROJECT COST
HICKMAN ROAD & NW 161ST ST/LEGACY POINTE BLVD INTERSECTION IMPROVEMENTS