HomeMy WebLinkAbout2016-03-07-J06 NE Douglas Pkwy 28E Agr
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THE CITY OF WAUKEE, IOWA
RESOLUTION 16-
APPROVING A 28E AGREEMENT BETWEEN THE CITY OF WAUKEE, IOWA, AND
CITY OF CLIVE, IOWA FOR THE DOUGLAS PARKWAY/ALICE’S ROAD
INTERSECTION RESCONSTRUCTION PROJECT
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 City of Clive and the City of Waukee deem it beneficial to jointly undertake a
public improvement project involving the construction of certain roadway improvements at the
intersection of Douglas Parkway and Alice’s Road with a portion of the improvements located
within each communityAND,
WHEREAS, the 28E agreement provides for the City of Waukee to act as the lead agency
responsible for the daily construction administration of the project; AND,
WHEREAS, the 28E agreement states that each municipality will be responsible for the
construction costs of the improvements within their respective municipality;
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the City of
Waukee hereby approves the 28E agreement between the City of Waukee, Iowa and the City of
Clive, Iowa regarding Douglas Parkway/Alice’s Road Intersection Improvements.
Passed by the City Council of the City of Waukee, Iowa, and approved the 3rd day of August
2009.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard
Brian Harrison
Shelly Hughes
Larry R. Lyon
Rick Peterson
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Preparer Information: City of Waukee, 230 W Hickman Road, Waukee, IA 50263 (515) 978-7899
_____________________________________________________________________________________
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF CLIVE AND THE CITY OF WAUKEE FOR THE
DOUGLAS PARKWAY/ALICE’S ROAD INTERSECTION RECONSTRUCTION
PROJECT
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into this
_____ day of ____________, 2016, by and between the CITY OF CLIVE, IOWA, a municipal
corporation ("Clive"), the CITY OF WAUKEE, IOWA, a municipal corporation (“Waukee”).
(Clive 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 and Waukee deem it beneficial to jointly undertake a public
improvement project involving the construction of certain roadway improvements at the
intersection of Douglas Parkway and Alice’s Road; and
WHEREAS, under Chapter 28E of the Code of Iowa, Clive, 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 Clive and Waukee, including the reconstruction of the intersection of
Douglas Parkway and Alice’s Road to include right and left turn lanes and a temporary traffic
signal, 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) the cost of the work performed under the Engineering Services Agreement with Foth
Infrastructure and Environment LLC for Professional Services (“Professional Services
Agreement”), including, but not limited to, surveying, preparation of plans and specifications for
the Project, and preparation of bid documents for the Project (the “Improvements Contract”), (b)
project management and contract administration services, and (c) actual construction costs of the
Project. The parties agree that the preliminary Total Project Cost estimate for the Project is
$1,669,360.00. The estimated allocation of the Total Project Cost between the portion of the
Project located in Clive and the portion of the Project located in Waukee is set forth in Exhibit B.
2. Lead Agency/Project Approval. Waukee will serve as the lead agency for the
Project, and will enter into the Professional Services Agreement and the construction contract for
the Project. The Cities agree, however, that each City must approve the construction drawings
for the Improvements located within that City's corporate boundaries before the bid documents
may be prepared. The Cities also agree that Waukee 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 and the Waukee City Council respectively. The City of Waukee will be the
lead agency, responsible for the daily construction administration of the project.
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3. Allocation of Funding between Cities. The Cities acknowledge and agree that the
actual project construction costs will be divided based on the actual work occurring in each
City's boundary. The construction quantities will be divided into separate divisions by the City's
corporate boundary in the construction drawings. Each City will be responsible for the
construction testing cost occurring within their corporate boundary.
Following acceptance of the project by Waukee, Waukee shall invoice Clive for its
allocation of the actual project construction costs and Clive agrees to pay Waukee within
thirty (30) days after the date of the invoice from Waukee.
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
portion of the Project located within their respective jurisdictions.
5. Termination. Prior to the award of the Contract, either City may terminate this
Agreement by providing the other City 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 Waukee: City Administrator
City of Waukee
230 W. Hickman Road
Waukee, IA 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 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,
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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 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 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 Clive has paid to Waukee Clive's 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.
CITY OF CLIVE, IOWA
By: _____________________________________
Scott Cirksena, Mayor
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(SEAL)
ATTEST:
__________________________________________
Joyce Cortum, City Clerk
STATE OF IOWA )
) ss:
COUNTY OF POLK )
On this _____ day of _______________ 2016, before me, _________________________
a Notary Public in and for the State of Iowa, personally appeared Mayor, Scott Cirksena and
Joyce Cortum, 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; 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 _____________,2016, and that Scott
Cirksena and Joyce Cortum 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
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CITY OF WAUKEE, IOWA
By: _____________________________________
William F Peard, Mayor
(SEAL)
ATTEST:
__________________________________________
Rebecca D. Schuett, City Clerk
STATE OF IOWA )
) ss:
COUNTY OF DALLAS )
On this _____ day of _______________ 2016, before me, _________________________
a Notary Public in and for the State of Iowa, personally appeared Mayor, William F. Peard 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 _____________,2016,
and that William F. Peard 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 Pubic in and for the State of Iowa
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EXHIBIT A
DOUGLAS PARKWAY IMPROVEMENTS
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EXHIBIT B
COST ALLOCATION OF IMPROVEMENTS
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