HomeMy WebLinkAbout2021-06-14-D01D 28E Agr_Clive-Urbandale-Waukee_Meredith Dr & Warrior Ln HMA OverlayAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: June 14, 2021
AGENDA ITEM:Consideration of approval of a resolution approving Intergovernmental
Agreement between City of Clive, City of Urbandale and City of Waukee
[Meredith Drive/Warrior Lane HMA Overlay Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: The Cities of Clive, Urbandale and Waukee have
determined it beneficial to jointly undertake a public improvement project involving the construction
of certain roadway improvements along Meredith Drive and Warrior Lane.
The project involves 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.
Clive will serve as the lead agency for the project, and will enter into construction contracts. 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 being the lead agency,
will be responsible for daily construction administration of the project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: 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. Waukee’s share is estimated to be
$790,500.00. This is an approved project in the current FY 2022 CIP with an approved budget of
$750,000.00. Staff anticipate increasing this budget to $800,000.00 to align with Waukee’s estimated
cost sharing responsibility.
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
D1D
THE CITY OF WAUKEE, IOWA
RESOLUTION 2021-
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 AUTHORITY OF THE CITY OF WAUKEE, 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:
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, 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. 114th Street
Clive, Iowa 50325
To Urbandale: City Manager
City of Urbandale
3600 86th 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 14th day of June,
2021.
____________________________
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
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF CLIVE, CITY OF URBANDALE AND CITY OF WAUKEE
FOR THE MEREDITH DRIVE/WARRIOR LANE HMA OVERLAY PROJECT
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into
this ___ day of ____________, 2021, by and between the CITY OF CLIVE, IOWA, a municipal
corporation (“Clive”), the CITY OF URBANDALE, IOWA, a municipal corporation
(“Urbandale”), and the CITY OF WAUKEE, IOWA, a municipal corporation (“Waukee”). Clive,
Urbandale 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, 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:
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, 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 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) 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 as set forth in Exhibit B attached hereto and
incorporated herein by this reference.
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 as set forth in Exhibit B. 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. 114th Street
Clive, Iowa 50325
To Urbandale: City Manager
City of Urbandale
3600 86th 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.
IN WITNESS WHEREOF, the Cities have executed this Agreement effective as of the date
first above written.
(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE
FOLLOWS.)
IN WITNESS WHEREOF, the City of CLIVE, Iowa, hereby approves of this Agreement and
authorizes the Mayor and City Clerk of that City to execute this Agreement.
CITY OF CLIVE, IOWA
______________________________
By: Scott Cirksena, Mayor
ATTEST:
___________________________
By: Matthew D. Graham, City Clerk
STATE OF IOWA )
) ss:
COUNTY OF POLK )
On this ___ day of ____________, 2021, before me, a Notary Public in and for the State
of Iowa, personally appeared Scott Cirksena and Matthew D. 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; and that the instrument was signed on behalf of the City, by authority of
its City Council, as contained in Resolution No. _________ passed (the Resolution adopted) by
the City Council, on the ___ day of ____________, 2021, and that Scott Cirksena and Matthew D.
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
My commission expires: _________
IN WITNESS WHEREOF, the City of URBANDALE, Iowa, hereby approves of this
Agreement and authorizes the Mayor and City Clerk of that City to execute this Agreement.
CITY OF URBANDALE, IOWA
______________________________
By: Bob Andeweg, Mayor
ATTEST:
___________________________
By: Nicole Lunders, City Clerk
STATE OF IOWA )
) ss:
COUNTY OF POLK )
On this ___ day of ____________, 2021, before me, a Notary Public in and for the State
of Iowa, personally appeared Bob Andeweg and Nicole Lunders, 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 Urbandale, Iowa; and that the instrument was signed on behalf of the City, by authority of
its City Council, as contained in Resolution No. _________ passed (the Resolution adopted) by
the City Council, on the ___ day of ____________, 2021, and that Bob Andeweg and Nicole
Lunders 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
My commission expires: _________
IN WITNESS WHEREOF, the City of WAUKEE, Iowa, hereby approves of this Agreement
and authorizes the Mayor and City Clerk of that City to execute this Agreement.
CITY OF WAUKEE, IOWA
______________________________
By: Courtney Clarke, Mayor
ATTEST:
___________________________
By: Rebecca D. Schuett, City Clerk
STATE OF IOWA )
) ss:
COUNTY OF DALLAS )
On this ___ day of ____________, 2021, before me, a Notary Public in and for the State
of Iowa, personally appeared 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; and that the instrument was signed on behalf of the City, by authority
of its City Council, as contained in Resolution No. _________ passed (the Resolution adopted) by
the City Council, on the ___ day of ____________, 2021, 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
My commission expires: _________
EXHIBIT AN
Clive (40%)Waukee (46.5%)Total (100%)
Costs
Construction $660,000 $222,750 $767,250 $1,650,000
Design/Contract Administration $20,000 $0 *$23,250 $43,250
Total $680,000 $222,750 $790,500 $1,693,250
* The City of Urbandale was the lead agency on a 2015 project that constructed an HMA overlay on the first 1/2 mile of Meredith
Drive west of Alice's Road. The 28E Agreement executed at that time between the Cities of Urbandale and Clive did not include
any design or contract administration expenses. Therefore, those expenses for the Urbandale portion of this project (13.5% or
$6,750) are proposed to not be included as part of this Agreement.
EXHIBIT B
Estimated Total Project Cost
Urbandale (13.5%)