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HomeMy WebLinkAbout2016-03-07-J06 NE Douglas Pkwy 28E Agr MEE AGEN FORM SYNO FISC COM STAF RECO ATTA PREP REVI PUBL   ETING DATE NDA ITEM: MAT: OPSIS INCL CAL IMPACT MMISSION/B FF REVIEW OMMENDA ACHMENTS PARED BY: IEWED BY: LIC NOTICE NAME OF DATE OF CITY COU E: March : Consid betwee Extensi Resolut LUDING PRO of Dou improv Alice’s well as associa the City agent o comple T INCLUDIN BOARD/COM W AND COM project Dougla take ac ATION: App S: I. II. Brad D : E INFORMA F PUBLICA F PUBLICAT CITY OF W UNCIL MEE 7, 2016 deration of app n the Cities o ion Project fr tion O & CON: P glas Parkway vements to the s Road includ a temporary ated with the i y of Waukee on the project etion of the pr NG COST/B MMITTEE C MMENT: W with the City as Parkway an tion on the 28 prove the reso Proposed Re 28E Agreem Deets, Develop ATION – ATION: TION: WAUKEE, ETING CO proval of a re of Clive and W om NE Alice Plans have be y west of Alic e intersection ing widening traffic signal intersection im and the City with Clive re roject. BENEFIT AN COMMENT aukee has coo y of Clive for nd Alice’s Ro 8E Agreemen olution esolution ment pment Service AGE IOWA OMMUNICA esolution appr Waukee [NE D e’s Road west een finalized ce’s Road. Th of NE Dougl g to create turn at the interse mprovements of Clive. Wa eimbursing th NALYSIS: T: ordinated the the improvem oad. Clive Ci nt on Thursda es Director ENDA ITEM: ATION roving 28E A Douglas Park t] for the propo he project con las Parkway a n lanes on Al ection. The c s are being sp aukee will act he City of Wa proposed im ments at the i ity Council is ay, March 10th Agreement kway sed extension nsists of and NE lice’s Road as osts lit between t as the lead aukee upon mprovement intersection o expected to h. n s f 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 1 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. 2 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, 3 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 4 (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 5 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 6 EXHIBIT A DOUGLAS PARKWAY IMPROVEMENTS 7 EXHIBIT B COST ALLOCATION OF IMPROVEMENTS 8