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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%)