HomeMy WebLinkAbout2021-07-06-J01I Memorandum of Understanding_LP Moon Pumping StationAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 6, 2021
AGENDA ITEM:Consideration of approval of a resolution approving Memorandum of
Understanding and Agreement, LP Moon Pumping Station, Addition of 4th
Pump to Clive-Waukee-West Des Moines Side of Station
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: The LP Moon Pump Station (LPMPS) was designed to
allow a fourth pump to be integrated into the Clive-Waukee-West Des Moines Section of the station.
Recent evaluations of the performance of the LPMPS indicate that it is common for all three of the
existing pumps for the Clive-Waukee-West Des Moines Section to operate concurrently for extended
periods of time. This typically happens annually during the summer months when higher water
demands are experienced. The integration of a fourth pump will provide beneficial redundancy should
one of the existing three pumps experience a failure or need to be taken out of service in a period of
high demand.
The parties agree that DMWW shall proceed with the design, construction, and commissioning of the
LPMPS 4th Pump Project. DMWW shall be the owner of the new 4th pump upon its installation and
thereafter, subject to the terms of the LPMPS related Agreements.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: In October of 2020, DMWW
provided a cost estimate of $410,000 for the fourth pump. DMWW shall advance and pay the full costs
of the pump, but shall be reimbursed by the other parties for the full actual direct and indirect costs
thereof, which shall include both out of pocket costs and DMWW’s internal costs of design, contract
letting, construction supervision, and other services. The shares of the other parties shall be as follows:
25% to West Des Moines ($102,500.00)
37.5% to Clive ($153,750.00)
37.5% to Waukee ($153,750.00)
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff recommends approval of the memorandum of
understanding and agreement, LP Moon Pumping Station, Addition of 4th Pump to Clive-Waukee-
West Des Moines Side of Station
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Resolution
II. Memorandum of Understanding
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester RK
J1I
THE CITY OF WAUKEE, IOWA
RESOLUTION 2021-
APPROVING MEMORANDUM OF UNDERSTANDING AND AGREEMENT, LP
MOON PUMPING STATION, ADDITION OF 4TH PUMP TO CLIVE-WAUKEE-WEST
DES MOINES SIDE OF STATION
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County;
AND,
WHEREAS, the LP Moon Pumping Station (LPMPS) is a joint-use facility that is owned and
operated by the Board of Water Works Trustees of the City of Des Moines, Iowa (DMWW) for
the joint benefit of its own operations and separate operation of the water utilities of Clive,
Waukee, West Des Moines Water Works, Urbandale, and Xenia. ; AND,
WHEREAS, a specific portion of the LPMPS is dedicated to service for Clive, Waukee, and
West Des Moines; AND,
WHEREAS, the participants in the facility have funded the construction of its various portions
and by agreement share the costs for the on-going operations and maintenance expenses
associated with the facility; AND,
WHEREAS, DMWW, as Owner, is responsible for replacement of assets when they reach the
end of their useful life; AND,
WHEREAS, the LPMPS was designed to allow a fourth pump to be integrated into the Clive-
Waukee-West Des Moines Section of the station. Recent evaluations of the performance of the
LPMPS indicate that it is common for all three of the existing pups for the Clive-Waukee-West
Des Moines Section to operate concurrently for extended periods of time; AND
WHEREAS, the parties agree that DMWW shall proceed with the design, construction, and
commissioning of the LPMPS 4th Pump Project; AND,
WHEREAS, DMWW shall advance and pay the full costs of the LPMPS 4th Pump Project, but
shall be reimbursed by the other parties for the full actual direct and indirect costs thereof. The
shares of the other parties in such reimbursement shall be as follows:
25% to West Des Moines
37.5% to Clive
37.5 to Waukee
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
6th day of July, 2021, that it hereby approves a Memorandum of Understanding between the
Board of Water Works Trustees of the City of Des Moines, IA and the City of Waukee [LP
Moon Pumping Station Addition of 4th Pump to the Clive-Waukee-West Des Moines Side of
Station].
____________________________
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 X
Memorandum of Understanding and Agreement
LP Moon Pumping Station
Addition of 4th Pump to the Clive-Waukee-West Des Moines Side of Station
The undersigned parties agree as follows:
1. The LP Moon Pumping Station (“LPMPS”) is a joint-use facility that is owned and operated by the
Board of Water Works Trustees of the City of Des Moines, Iowa (“DMWW”) for the joint benefit of
its own operations and the separate operations of the water utilities of Clive, Waukee, West Des
Moines Water Works, Urbandale, and Xenia. A specific portion of the LPMPS is dedicated to service
for Clive, Waukee, and West Des Moines, and is referred to herein as the “Clive-Waukee-West Des
Moines Section” of the LPMPS. The participants in the facility have funded the construction of its
various portions and by agreement share the costs for the on-going operations and maintenance
expenses associated with the facility. DMWW, as Owner, is responsible for replacement of assets
when they reach the end of their useful life.
2. The existing agreements that define or reference the LPMPS are as follows:
a. Wholesale Water Service Master Agreement (June 10th, 2005).
b. Water Service Enhancement Master Agreement (May 26th, 1992):
i. Memorandum of Understanding (September 7th, 1993) between Board of Water
Works Trustees of the City of Des Moines, Iowa and the Board of Water Works
Trustees of the City of West Des Moines, Iowa in regard to the Water Service
Enhancement Master Agreement.
ii. Amendment to Water Service Enhancement Agreement:
1. January 26th, 1995 for City of Clive.
2. February 28th, 1995 for Board of Water Works Trustees for West Des
Moines.
iii. Second Amendment to Water Service Enhancement Agreement (May 3rd, 2001).
iv. Third Clive Amendment to Water Service Enhancement Agreement (September 6th,
2001).
v. Fourth Amendment to Water Service Enhancement Agreement (November 20th,
2003).
c. Agreement for Shared Use of Water Tower Capacity (November 20, 2003). (the “LPMPS-
Related Agreements”)
3. The LPMPS was designed to allow a fourth pump to be integrated into the Clive-Waukee-West Des
Moines Section of the station. Recent evaluations of the performance of the LPMPS indicate that it
is common for all three of the existing pumps for the Clive-Waukee-West Des Moines Section to
operate concurrently for extended periods of time. This typically happens annually during the
summer months when higher water demands are experienced.
4. The addition of a fourth pump will not allow any extra capacity to be pumped from the station, but
the integration of a fourth pump will provide beneficial redundancy should one of the existing three
pumps experience a failure or need to be taken out of service in a period of high demand.
5. In October of 2020, DMWW staff provided a cost estimate of $410,000 for integration of a fourth
pump to the Clive, Waukee, and West Des Moines Section of the LPMPS. The estimate represents a
good faith effort to include all necessary direct and indirect costs to be incurred by DMWW to
design, construct, and commission a project that results in a functioning fourth pump to aid in
station reliability (the “LPMPS 4th Pump Project”). The estimate provided by DMWW is not a
guaranteed or fixed amount, and the actual costs incurred will govern reimbursement hereunder.
DMWW will not, however, incur reimbursable costs in excess of 115% of this estimate without
conferring with project participants in advance and obtaining their approval.
6. The parties agree that DMWW shall procced with the design, construction, and commissioning of
the LPMPS 4th Pump Project and shall take the steps it deems appropriate and required to initiate
and complete such project and to place the new 4th pump into service, except that if costs in excess
of those reimbursable under Section 5 will be incurred, then DMWW may elect not to proceed.
DMWW shall be the owner of the new 4th pump upon its installation and thereafter, subject to the
terms of the LPMPS-Related Agreements.
7. DMWW shall advance and pay the full costs of the LPMPS 4th Pump Project, but shall be reimbursed
by the other parties for the full actual direct and indirect costs thereof, which shall include both out
of pocket costs and DMMW’s internal costs of design, contract letting, construction supervision, and
other services. The shares of the other parties in such reimbursement shall be as follows:
a. 25% to West Des Moines.
b. 37.5% to Clive.
c. 37.5% to Waukee.
8. DMWW shall invoice the other parties for their respective shares of the LPMPS 4th Pump Project as
costs are paid or otherwise incurred by DMWW, but no more frequently than once a month. All
such invoices shall be paid within thirty days of issuance.
9. The parties agree that the costs of operation and maintenance of the new LPMPS 4th Pump after it is
placed in service shall be invoiced as currently provided by the LPMPS-Related Agreements.
10. The parties agree that this Memorandum of Understanding and Agreement and the cost-share
defined herein shall be deemed to supplement, but not to otherwise amend or replace, any of the
LPMPS-Related Agreements which shall all remain in full force and effect, including without
limitation the Water Service Enhancement Master Agreement.
SIGNATURE PAGES TO FOLLOW
Dated: _________________, 2021.
BOARD OF WATER WORKS TRUSTEES OF THE
CITY OF DES MOINES, IOWA
By: ________________________________
By: __________________________________
Dated: _________________, 2021.
BOARD OF WATER WORKS TRUSTEES OF THE
CITY OF WEST DES MOINES, IOWA
By: ________________________________
By: __________________________________
Dated: _________________, 2021.
CITY OF CLIVE, IOWA
By: ________________________________
By: __________________________________
Dated: _________________, 2021.
CITY OF WAUKEE, IOWA
By: ________________________________
By: __________________________________