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Home My WebLink About2023-12-18 I01D_05 Memorandum of Understanding_Clive_Alices Rd Recon Ph1AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: December 18, 2023 AGENDA ITEM:Consideration of approval of a resolution approving Memorandum of Understanding for Professional Services for the Design of the Alice’s Road Reconstruction Project Phase 1 in Clive, Iowa and Waukee, Iowa. FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The Cities of Clive and Waukee would like to complete the design of the Alice’s Road Reconstruction – Phase 1 Project. Design services for the Project will include all design services for Phase 1 (NE Horizon Drive to Douglas Pkwy) and conceptual design of Phase 2-4 (Douglas Pkwy to Meredith Dr), including design of street pavement, sanitary sewer mains, water mains, storm sewer mains, stormwater management, aesthetic improvements, trail improvements, Right-of-Way and easement acquisition throughout the corridor from NE Horizon Drive to Meredith Drive and construction services for Phase 1. Clive will be the lead agency for the project. All parties have mutually agreed upon the scope for the Project and have agreed to select Snyder & Associate, 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 $1,937,000, with invoices billed monthly. The City of Waukee will pay Clive 50% of Division 1 costs and their share of the Division 2 costs, based on the work attributed to Waukee in Division 2 of the consultants fees. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff recommend approval of the memorandum of understanding for the design of the Alice’s Road Reconstruction Project – Phase 1 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 I1D5 THE CITY OF WAUKEE, IOWA RESOLUTION 2023- APPROVING MEMORANDUM OF UNDERSTANDING FOR PROFESSIONAL SERVICES FOR THE DESIGN OF THE ALICE’S ROAD RECONSTRUCTION PROJECT PHASE 1 IN CLIVE, IOWA AND WAUKEE, IOWA 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 Cities of Clive and Waukee would like to complete the design of the Alice’s Road Reconstruction – Phase 1 Project (NE Horizon Drive to Douglas Parkway); AND, WHEREAS, design services for the Project will include all design services for Phase 1 (NE Horizon Drive to Douglas Parkway) and conceptual design of Phases 2-4 (Douglas Parkway to Meredith Drive), including design of street pavement, sanitary sewer mains, water mains, storm sewer mains, stormwater management, aesthetic improvements, trail improvements, Right-of-Way and easement acquisition throughout the corridor from NE Horizon Drive to Meredith Drive and construction services for Phase 1; AND, WHEREAS, the City of Clive will be the lead agency for the Project. All parties have mutually agreed upon the scope for the Project and have agreed to select Snyder & Associates, Inc. as the consultant for the design; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the City of Waukee hereby approves the Memorandum of Understanding for Professional Services for the Design of the Alice’s Road Reconstruction Project Phase 1 in Clive, Iowa and Waukee, Iowa. Passed by the City Council of the City of Waukee, Iowa, and approved this the 18th day of December, 2023. ____________________________ 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 PROFESSIONAL SERVICES FOR THE DESIGN OF THE ALICE’S ROAD RECONSTRUCTION PROJECT – PHASE 1 IN CLIVE, IOWA AND WAUKEE, IOWA PROVIDED BY SNYDER & ASSOCIATES, INC This Memorandum of Understanding (“Agreement”) is hereby entered into this ____ day of ___________, 2023, 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 reconstruct Alice’s Road along their shared Corporate Limits from where previous improvements end north of Hickman Road thru the intersection of Douglas Parkway in Clive, Iowa and Waukee, Iowa; and WHEREAS, The reconstruction will be divided into four (4) Phases, with the Parties sharing interest in Phases 1 and 2 and Clive having 100% interest in Phases 3 and 4; and WHEREAS, This street being a street shared by both Parties, the Parties have an interest in sharing the reconstruction design services; and WHEREAS, the Parties desire to work together on the street reconstruction design of Phase 1 (Alice’s Road from NE Horizon Drive to Douglas Parkway) and conceptual design of Phase 2 (the intersection of Alice’s Road and Douglas Parkway), with each Party contributing their share towards design costs as described in a Professional Services Agreement to be executed by the Parties; and WHEREAS, The Professional Services Agreement will be divided into three (3) divisions, with the Parties sharing in the design costs; and WHEREAS, the Parties will share in the cost of the engineering design services with Clive paying 50% and Waukee paying 50% of the costs associated with Division 1 of the Agreement, Clive and Waukee each paying their share of the design services in Division 2 based on the share of improvements attributed to each City, and Clive paying 100% of the costs related to Division 3; 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 Parties would like to complete the design of The Alice’s Road Reconstruction – Phase 1 Project (the “Project”). Design services for the Project will include all design services for Phase 1 and conceptual design of Phases 2 - 4, including design of street pavement, sanitary sewer mains, water mains, storm sewer mains, stormwater management, aesthetic improvements, trail improvements, Right-of-Way and easement acquisition throughout the corridor from the south end of Phase 1 to Meredith Drive and construction services for Phase 1. 2. The Parties desire to work together on the Project. Clive will be the lead for the design. All parties have mutually agreed upon the scope for the Project 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 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 One Million Nine Hundred Thirty-Seven Thousand Dollars ($1,937,000), billed monthly. Any modification to the not-to-exceed amount in the Professional Services Agreement shall be in writing and approved by the Parties. Waukee will pay Clive fifty percent (50%) of the Division 1 costs and their share of the Division 2 costs, based on the work attributed to Waukee in Division 2 2, 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 March 31, 2025. 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 Project, including any expenses that cannot be avoided under the Professional Services Agreement following the Party’s termination. 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 Administrator, Clive City Hall, 1900 NW 114th Street, Clive, Iowa 50325. Notice to Waukee shall be addressed to Waukee City Administrator, 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