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Home My WebLink About2021-06-14-Resolution 2021-252_28E Agreement, Meredith Dr-Warrior Ln HMA OverlayTHE CITY OF WAUKEE, IOWA RESOLUTION 2021-252 APPROVING INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CLIVE, CITY OF URBANDALE AND CITY OF WAUKEE FOR THE MEREDITH DRIVE/WARRIOR LANE HMA OVERLAY PROJECT IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, IOWA WHEREAS, Clive, Urbandale and Waukee deem it beneficial to jointly undertake a public improvement project involving the construction of certain roadway improvements along Meredith Drive and Warrior Lane, AND, WHEREAS, under Chapter 28E of the Code of Iowa, Clive, as a public agency, may enter into an Agreement with Urbandale and Waukee, other public agencies, to provide services to the mutual advantage of all agencies. NOW, THEREFORE, it is agreed by and between the parties as follows: 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, Urbandale and Waukee, including improvements to Meredith Drive and Warrior Lane, to include culvert replacement, HMA (Hot -Mix Asphalt) overlay, pavement markings, and associated work within the corporate limits of each City (collectively, the "Project"). The "Total Project Cost" shall include, but not be limited to, (a) design services consisting of preparation of plans and specifications for the project, preparation of bid documents, administration of the receipt of bids and the award of the contract for the Project, (b) contract administration consisting of project management and construction observation, and (c) the actual construction costs of the Project. The Cities agree that the preliminary Total Project Cost estimate for the Project is $1,700,000. 2. Lead Agency/Project Approval/Project Responsibilities. Clive will serve as the lead agency for the Project, and will enter into the construction contract for the Project. The Cities agree 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, Urbandale City Council and Waukee City Council. 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 Total Project Cost shall be allocated between the Cities based on the amount of work performed within each Cities' corporate limits. Following acceptance of the project by Clive, Clive shall invoice Urbandale and Waukee for its allocation of the actual project costs and Urbandale and Waukee agree to pay Clive with 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 Project. The Cities do not intend to jointly acquire or hold real or personal property under this Agreement. 5. Termination. Prior to the award of the Project Improvements Contract, either City may terminate this Agreement by providing the other Cities 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. 1141" Street Clive, Iowa 50325 To Urbandale: City Manager City of Urbandale 3600 86t" Street Urbandale, Iowa 50322 To Waukee: City Administrator City of Waukee 230 Hickman Road Waukee, Iowa 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 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 the 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. The parties agree and consent to jurisdiction in Dallas County, Iowa. This Agreement shall be binding upon and shall insure 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, the Urbandale Director of Engineering and Public Works 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, Urbandale 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 Urbandale and Waukee have paid to Clive their share of the actual Total Project Costs as outlined in this Agreement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Intergovernmental Agreement between the City of Clive, City of Urbandale and the City of Waukee, Iowa [Meredith Drive/Warrior Lane HMA Overlay Project] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 141" day of June, 2021. kl�— Courtney Clarke, Mayor Attest: (zl�� 0- h))� Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE Anna Bergman Pierce R. Charles Bottenberg Chris Crone X Larry R. Lyon X Ben Sinclair X NAY ABSENT ABSTAIN X X