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HomeMy WebLinkAbout2024-02-05 I01D_01 28E Agreement_Dallas Co_NW 10th St Crack & Seal\AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: February 5, 2024 AGENDA ITEM:Consideration of approval of a resolution approving Intergovernmental Agreement between Dallas County and the City of Waukee [NW 10th Street (R-22/U Avenue) Crack & Seat Project] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The Intergovernmental Agreement outlines the specifics for the NW 10th Street (R-22/U Avenue) Crack and Seat project with Dallas County, Iowa The public improvement project involves the construction of certain roadway improvements in Dallas County and Waukee, including improvements to NW 10th Street (R22/U Avenue) from NW Douglas Parkway in Waukee to 260th Street in Dallas County including but not limited to pavement milling, patching, cracking, seating, and resurfacing of the existing pavement as generally depicted in Exhibit A of the Agreement. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: The Total Project Cost shall include the actual construction costs of the Project. The parties agree the Pre-Bid Total Project Cost is $1,483,782.00. The allocation of the Total Project Cost between Dallas County and Waukee shall be by Divisions of the Plan Quantities that equate to the portion of the project that is within the corporate limits of Waukee (Division 1) and within the unincorporated Dallas County (Division 2) respectively. Division 1 (Waukee) $680,991.00 Division 2 (Dallas County) $802,791.00 This project is funded in the draft FY 2025-2029 CIP with a total budget of $900,000. 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 I1D1 1 THE CITY OF WAUKEE, IOWA RESOLUTION 2024- APPROVING INTERGOVERNMENTAL AGREEMENT BETWEEN DALLAS COUNTY, IOWA AND CITY OF WAUKEE, IOWA FOR THE NW 10TH STREET (R22/U AVENUE) CRACK & SEAT PROJECT IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA Intergovernmental Agreement, entered into by and between Dallas County, Iowa, a municipal corporation (Dallas County) and the City of Waukee, Iowa, an Iowa municipal corporation (“Waukee”) (Dallas County and Waukee together hereinafter referred to as the “Parties”). WHEREAS, the Intergovernmental Agreement outlines the specifics for the NW 10th Street (R22/U Avenue) Crack and Seat joint project with Dallas County, Iowa; AND WHEREAS, the public improvement project involving the construction of certain roadway improvements in Dallas County and Waukee, including improvements to NW 10th Street (R22/U Avenue) from NW Douglas Parkway in Waukee to 260th Street in Dallas County including but not limited to pavement milling, patching, cracking, seating, and resurfacing of existing pavement; AND WHEREAS, the Total Project Cost shall include the actual construction costs of the Project. The parties agree the Pre-Bid Total Project Cost is $1,483,782.00. The allocation of the Total Project Cost between Dallas County and Waukee shall be by Divisions of the Plan Quantities that are equate to the portion of the project that is within the corporate limits of Waukee (Division 1) and within the unincorporated limits of Dallas County (Division 2) respectively. Waukee shall be responsible for Division 1 ($680,991.00) and Dallas County shall be responsible for Division 2 ($802,791.00); AND NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee approve an Intergovernmental Agreement between Dallas County, Iowa and the City of Waukee, Iowa is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 5th day of February, 2024. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk 2 RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair INTERGOVERNMENTAL AGREEMENT BETWEEN DALLAS COUNTY AND THE CITY OF WAUKEE FOR THE NW 10TH STREET (R22/U Avenue) CRACK & SEAT PROJECT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into this _____ day of ____________, 2024, by and between DALLAS COUNTY, IOWA, a municipal corporation ("Dallas County"), and the CITY OF WAUKEE, IOWA, a municipal corporation (“Waukee”), pursuant to Chapter 28E of the Iowa Code. WHEREAS, Dallas County and Waukee deem it beneficial to jointly undertake a public improvement project involving the construction of certain roadway improvements on NW 10th Street (aka R22/U Avenue) from NW Douglas Parkway to 260th Street; and WHEREAS, under Chapter 28E of the Code of Iowa, Dallas County, 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 Dallas County and Waukee, including improvements to NW 10th Street (R22/U Avenue) from NW Douglas Parkway in Waukee to 260th Street in Dallas County including but not limited to pavement milling, patching, cracking, seating, and resurfacing of the existing pavement as generally depicted in Exhibit A, attached hereto and incorporated herein by this reference (collectively the “Project”). The Total Project Cost shall include the actual construction costs of the Project. The parties agree the Pre-Bid Total Project Cost is $1,483,782.00 as presented in Exhibit B. The allocation of the Total Project Cost between Dallas County and Waukee shall be by Divisions of the Plan Quantities that equate to the portion of the project that is within the corporate limits of Waukee (Division 1) and within the unincorporated Dallas County (Division 2) respectively. Waukee shall be responsible for Division 1 ($680,991.00) and Dallas County shall be responsible for Division 2 ($802,791.00). 2. Lead Agency/Project Approval. Waukee will serve as the lead agency for the Project and will enter into the construction contract for the Project. Dallas County and Waukee agree that Waukee will not enter into the Construction Contract until the bids for the Improvements Contract have been considered and accepted by the Dallas County Board of Supervisors and the Waukee City Council respectively. Waukee will be the lead agency, responsible for the daily construction administration of the project. 3. Allocation of Funding Dallas County and Waukee acknowledge and agree that the actual project costs will be divided by Division as described in paragraph 1. Dallas County and Waukee agree to pay the Contractor directly for their respective division on a monthly payment schedule as agreed by Waukee, Dallas County and the Contractor at the time of the Preconstruction Meeting. The monthly pay applications submitted by the Contractor and reviewed and recommended for payment by the Project Design Engineer will be approved by the Dallas County Board of Supervisors and the Waukee City Council respectively prior to issuance of payment by Waukee or Dallas County to the Contractor. 4. 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. 5. Filing/Recording of Agreement. After execution by the parties, this Agreement shall be filed with the Iowa Secretary of State by Waukee in accordance with the provisions of Iowa Code § 28E.8. The Agreement shall then be recorded in the office of the Dallas County Recorder by Waukee in accordance with Iowa Code § 28E.8. 6. Separate Legal Entity. This Agreement is not intended to establish a separate legal entity. 7. Administrators. The Dallas County Engineer and the Waukee Public Works Director/City Engineer shall be the designated administrators of this Agreement. 8. Duration. This Agreement will go into effect upon passage by the Dallas County Board of Supervisors and the Waukee City Council and filing and recording as provided in paragraph 5 of this Agreement. This Agreement shall remain in effect until the improvements associated with the Project are accepted by Dallas County and Waukee, and Waukee and Dallas County have paid to the Contractor their respective share of the actual Total Project Costs as outlined in this Agreement. IN WITNESS WHEREOF, Dallas County and Waukee have executed this Agreement effective as of the date first above written. (Signature pages to follow) Executed by the City of Waukee, Iowa day of , 2024 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 _______________, 2024, 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 _____________, 2024, 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 Executed by Dallas County, Iowa day of , 2024 Board of Supervisors Attest: Brad Golightly, Chairman Julia Helm, County Auditor (SEAL) STATE OF IOWA ) ) ss: COUNTY OF DALLAS ) On this _____ day of _______________, 2024, before me, _________________________ a Notary Public in and for the State of Iowa, personally appeared Brad Golightly and Julia Helm, to me personally known, and, who being by me duly sworn, did say that they are the Board of Supervisors Chairman and County Auditor, respectively, of Dallas County, 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 Board of Supervisors on the _____ day of _____________, 2024, and that Brad Golightly and Julia Helm 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 GIS 3,009.3 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Feet3,009.3 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 1,504.660 1:18,056 City of Waukee ITEM NO. ITEM CODE ITEM UNIT UNIT PRICE QUANTITY TOTAL QUANTITY TOTAL QUANTITY TOTAL (NONE) (NONE) (NONE) 4.31 4040-A-1004 SUBDRAIN, LONGITUDINAL, SHOULDER, PVC, 4 IN.LF 8.00$ 9508 76,064.00$ 11064 88,512.00$ 20572 164,576.00$ 4.36 4040-D-1510 SUBDRAIN, OUTLET, 500-10 EA 400.00$ 19 7,600.00$ 22 8,800.00$ 41 16,400.00$ (NONE) (NONE) 7.1 7020-B-1000 HMA PAVMENT, STANDARD TRAFFIC, BASE COURSE, 3/4 IN. MIX, PG58-28S TON 100.00$ 1818.0 181,800.00$ 2203.0 220,300.00$ 4021 402,100.00$ 7.2 7020-B-1010 HMA PAVMENT, STANDARD TRAFFIC, INTERMEDIATE COURSE, 1/2 IN. MIX, PG58-28H TON 120.00$ 909.0 109,080.00$ 1101.0 132,120.00$ 2010 241,200.00$ 7.3 7020-B-1020 HMA PAVMENT, STANDARD TRAFFIC, SURFACE COURSE, 1/2 IN. MIX, PG58-28H TON 120.00$ 909.0 109,080.00$ 1101.0 132,120.00$ 2010 241,200.00$ 7.4 7020-I-1000 HMA PAVEMENT SAMPLES AND TESTING LS 12,000.00$ 1 12,000.00$ 1 12,000.00$ 2 24,000.00$ 7.5 7030-H-1006 DRIVEWAY, PCC, 6 IN.SY 90.00$ 26 2,340.00$ 55 4,950.00$ 81 7,290.00$ 7.6 7030-H-1106 DRIVEWAY, HMA, 6 IN.SY 80.00$ 43 3,440.00$ 85 6,800.00$ 128 10,240.00$ 7.7 7030-H-3060 GRANULAR SURFACING, CLASS-A CRUSHED STONE, DRIVEWAY OR ROADWAY, 6 IN. TON 40.00$ 39 1,560.00$ 208 8,320.00$ 247 9,880.00$ 7.8 SPECIAL GRANULAR SHOULDERS, TYPE B TON 40.00$ 2231 89,240.00$ 2596 103,840.00$ 4827 193,080.00$ 7.9 7092-A-1000 CRACK AND SEAT OF PCC PAVEMENT SY 1.00$ 10917 10,917.00$ 13229 13,229.00$ 24146 24,146.00$ 7.10 7092-D-1000 MILLING SY 30.00$ 254 7,620.00$ 85 2,550.00$ 339 10,170.00$ 8.1 8020-C-1000 PAINTED PAVEMENT MARKINGS, DURABLE STA 60.00$ 125 7,500.00$ 115 6,900.00$ 240 14,400.00$ 8.2 8020-M-1000 GROOVES CUT FOR PAVEMENT MARKINGS STA 40.00$ 125 5,000.00$ 115 4,600.00$ 240 9,600.00$ 8.3 8030-A-1000 TEMPORARY TRAFFIC CONTROL LS 30,000.00$ 0.5 15,000.00$ 0.5 15,000.00$ 1 30,000.00$ DIVISION 2 - EARTHWORK, SUBGRADE AND SUBBASE DIVISION 4 - SEWERS AND DRAINS DIVISION 3 - TRENCH AND TRENCHLESS CONSTRUCTION DIVISION 5 - WATER MAIN AND APPURTENANCES DIVISION 6 - STRUCTURES FOR SANITARY AND STORM SEWER DIVISION 7 - STREETS AND RELATED WORK DIVISION 8 - TRAFFIC SIGNALS AND TRAFFIC CONTROL Estimate of Project Costs DIVISION 1 - GENERAL N. 10TH ST. PAVEMENT REHABILITATION Project Summary CITY OF WAUKEE (DIVISION 1) & DALLAS COUNTY TO 260TH ST. (DIVISION 2) Aproximate length 2 Miles Waukee, Iowa - 2024 DIVISION 1 TOTAL DIVISION 2 PROJECT TOTAL c:\pw_workdir\pw_ie\fvd_rsk\d0752340\ EST-2023_1130-10TH ST_C&S.xlsx Page 1 Date Prepared: 1/24/2024 Date Printed: 1/24/2024 ITEM NO. ITEM CODE ITEM UNIT UNIT PRICE QUANTITY TOTAL QUANTITY TOTAL QUANTITY TOTAL Estimate of Project Costs N. 10TH ST. PAVEMENT REHABILITATION Project Summary CITY OF WAUKEE (DIVISION 1) & DALLAS COUNTY TO 260TH ST. (DIVISION 2) Aproximate length 2 Miles Waukee, Iowa - 2024 DIVISION 1 TOTAL DIVISION 2 PROJECT TOTAL 8.4 SPECIAL PORTABLE DYNAMIC MESSAGE SIGNS CDAY 100.00$ 32.5 3,250.00$ 32.5 3,250.00$ 65 6,500.00$ 9.1 9010-A-1100 EROSION CONTROL ACRE 2,000.00$ 1.0 2,000.00$ 1.0 2,000.00$ 2 4,000.00$ 10.1 10010-B-1000 (NONE) 11.1 11020-A-1000 MOBILIZATION LS 75,000.00$ 1 37,500.00$ 1 37,500.00$ 1 75,000.00$ (NONE) 680,991.00$ 802,791.00$ 1,483,782.00$ CONTINGENCY (20%)136,200.00$ 160,600.00$ 296,800.00$ CONSULTANT DESIGN & SURVEY (INCLUDES CONST. ADMIN, CONST. SURVEY, GEOTECH. & ENVIRO.) (6%) 41,000.00$ 48,000.00$ 89,000.00$ CONSTRUCTION OBSERVATION AND TESTING (2%)14,000.00$ 16,000.00$ 30,000.00$ PROJECT TOTAL 872,191.00$ 1,027,391.00$ 1,899,582.00$ Assumptions: 1. Division 1 is from improvements on N. 10th St. to Waukee City Limits, Division 2 is within Dallas County to 260th Street. 2. Assume construction duration of 65 calendar days. 3. Side roads, driveways, and field entrances will be tapered with similar material from raised roadway to existing. 4. Proposed Asphalt Overlay section will not be widened from existing pavement and have a 6' min. granular shoulder on both sides. Currently 22' roadway width. 5. No grading outside 6' shoulder. 6. Mill pavement at the ends of the project to transition pavement overlay to match existing pavement elevation. 7. Estimate does not include any existing culvert extensions or replacements with Dallas County Crews constructing any culvert replacements. SUBTOTAL BASE CONSTRUCTION (2023) DIVISION 9 - SITE WORK AND LANDSCAPING DIVISION 10 - DEMOLITION DIVISION 11 - MISCELLANEOUS DIVISION 12 - STRUCTURES c:\pw_workdir\pw_ie\fvd_rsk\d0752340\ EST-2023_1130-10TH ST_C&S.xlsx Page 2 Date Prepared: 1/24/2024 Date Printed: 1/24/2024