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HomeMy WebLinkAbout2016-05-16-J01I 28E Agreement - Waco Place_98th Street 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: May 16 : Consid betwee Place Im Resolut LUDING PRO Des Mo with 98 the two to date tracks a be com The tw comple constru and 98t Des Mo Both pr Improv T INCLUDIN BOARD/COM W AND COM ATION: App S: I. II. Brad D : E INFORMA F PUBLICA F PUBLICAT CITY OF W UNCIL MEE 6, 2016 deration of app n the Cities o mprovements tion O & CON: S oines on a 28 8th Street/SE W o Cities. The by developer and Universit mpleted by the o projects con eted adjacent t uction of a tra th Street/SE W oines will be rojects have p vements Plan. NG COST/B MMITTEE C MMENT: Th prove the reso Proposed Re 28E Agreem Deets, Develop ATION – ATION: TION: WAUKEE, ETING CO proval of a re of West Des M s] Staff has been E Agreement Waco Place w agreement re rs on either si ty Avenue as e two Cities. nsist of additi to the railroad affic signal at Waco Place. P the lead agen previously bee BENEFIT AN COMMENT he City Attorn olution esolution ment pment Service AGE IOWA OMMUNICA esolution appr Moines and W n coordinatin t related to va which is the co eflects the wo ide of the stre well as two a ional paving a d tracks as we the intersecti Per the terms ncy for both p en budgeted f NALYSIS: T: ney has review es Director ENDA ITEM: ATION roving 28E A Waukee [98th S ng with the Ci arious project orporate boun ork that has be eet between th additional pro and work that ell as the desi ion of Univer of the agreem projects. for in our Cap wed the 28E A Agreement Street/Waco ty of West s associated ndary line for een completed he railroad ojects that wil t needs to be ign and sity Avenue ment, West pital Agreement. r d l THE CITY OF WAUKEE, IOWA RESOLUTION 16- APPROVING A 28E AGREEMENT BETWEEN THE CITY OF WAUKEE, IOWA, AND CITY OF WEST DES MOINES, IOWA FOR THE 98TH STREET/WACO PLACE IMPROVEMENTS FROM THE WATER TOWER TO AND INCLUDING THE INTERSECTION OF 98TH STREET/WACO PLACE AND UNIVERSITY AVENUE 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 West Des Moines and the City of Waukee deem it beneficial to jointly undertake public improvement project involving the construction of certain roadway improvements on 98th Street/Waco Place from the water tower to and including the intersection with University Avenue, with a portion of the improvements located within each community; AND, WHEREAS, the 28E agreement provides for the City of West Des Moines to act as the lead agency responsible for the design, bidding and 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 West Des Moines, Iowa regarding 98th Street/Waco Place Improvements from the Water Tower to and including the intersection of 98th Street/Waco Place and University Avenue. Passed by the City Council of the City of Waukee, Iowa, and approved the 16th day of May 2016. ____________________________ 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 28E AGREEMENT BETWEEN THE CITY OF WEST DES MOINES, IOWA, AND THE CITY OF WAUKEE, IOWA FOR THE 98TH STREET/WACO PLACE IMPROVEMENTS, FROM THE WATER TOWER TO AND INCLUDING THE INTERSECTION OF 98TH STREET/WACO PLACE AND UNIVERSITY AVENUE. THIS STREET IMPROVEMENTS AGREEMENT has been made and entered into by and between the City of West Des Moines, Iowa (hereinafter West Des Moines), a Municipal corporation organized and existing under the laws of the State of Iowa, and the City of Waukee (hereinafter Waukee), also a Municipal corporation organized and existing under the laws of the State of Iowa (Waukee and West Des Moines hereinafter collectively referred to as Cities), in accordance with provisions of Chapter 28E, Code of Iowa, 2015. The purpose of this Agreement shall be to provide joint exercise of the respective powers of the Cities in connection with the joint improvements of 98th Street/Waco Place from the water tower to and including the intersection of 98th Street/Waco Place and University Avenue and the respective rights-of-way which are under the jurisdiction of both Cities. This Agreement shall become binding upon each party after approval by the City Council of West Des Moines and the City Council of Waukee. NOW, THEREFORE, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: 1. PURPOSE. The purpose of this Agreement is to establish the terms and conditions between the Cities for the 98th Street/Waco Place Road Improvements from the water tower to and including the intersection of 98th Street/Waco Place and University Avenue. 2. DURATION. This Agreement is retroactive shall have an effective date of June 1, 2015, and shall terminate as provided herein. 3. APPROVAL AND FILING. The Cities shall approve this agreement by resolution of both Cities’ councils which shall authorize the execution of this Agreement. West Des Moines will then electronically file the Agreement in the office of the Iowa Secretary of State in accordance with Chapter 28E, Code of Iowa, 2015. 4. AMENDMENTS. This is the entire Agreement between the Cities and it may be amended only in writing, signed by authorized representatives of both parties and filed with the Iowa Secretary of State in accordance with Iowa Code Section 28E.8. 5. GOVERNING LAW. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Iowa. 6. ADMINISTRATION. For the purposes of this Agreement, the Director of Engineering Services for the City of West Des Moines shall be the Administrator of this project. 7. LEGAL ENTITIES AND PERSONAL PROPERTY. By entering into this Agreement, the Cities do not intend to create a separate legal entity. The Cities do not intend to jointly acquire or hold real or personal property under this Agreement. 8. SHARED SERVICES. West Des Moines shall be the lead agency responsible for overseeing the construction of the improvements and will provide field engineering service for all portions of the project. 9. COSTS. Each City shall provide the right-of-way needed within their respective Corporate boundaries for the project at no cost. Permit fees for City funded improvements in each City shall be waived. West Des Moines shall periodically invoice Waukee for their pro-rata share of the expenses incurred to the date of the invoice. Field engineering services shall be included in expenses incurred and apportioned between the Cities. Waukee shall pay the invoice, in full, within thirty (30) days of the date of the invoice. The Costs shall be apportioned as follows: 98th Street/Waco Place, Railroad Tracks to University Avenue The developer in each respective City will construct the grading, storm sewer, paving and all related incidental items. Each City shall inspect and ensure the improvements constructed or installed by developer(s) in their respective Cities comply with the design standards and specifications as adopted by their respective City’s code. The developer(s) in each City, upon completion of the improvements, will provide each respective City with a maintenance bond that conforms to the code requirements of said City for that portion of the work that lies within the Corporate boundaries of each City. 98th Street/Waco Place, Water Tower to North Right-of-Way Line of Railroad Tracks West Des Moines shall contract with an engineering firm to create bid documents and other engineering documents necessary to construct a publically let construction project. West Des Moines shall obtain all necessary permits and rights-of-way from the Union Pacific Railroad that are required to construct the project. Waukee’s City Council shall review and approve the plans and specifications for the portion of the project that lies within its corporate boundaries within three weeks of receipt of the plans and specifications. West Des Moines shall conduct the public bid process for the improvements in accordance with applicable Iowa law. Each City’s council shall approve the award of the contract. Approval shall not be unreasonably delayed or denied. West Des Moines shall execute the construction documents on behalf of the Cities. West Des Moines and Waukee shall each be responsible for fifty (50) percent of the total expenses incurred. Upon completion of the improvements, the contractor will provide each respective City with a four year maintenance bond for that portion of the work that lies within the Corporate limits of each City. 98th Street/Waco Place and University Avenue Traffic Signals West Des Moines shall contract with an engineering firm to create bid documents and other engineering documents necessary to construct a publically let construction project. Waukee’s City Council shall review and approve the plans and specifications for the portion of the project that lies within its corporate boundaries within three weeks of receipt of the plans and specifications. West Des Moines shall conduct the public bid process for the improvements in accordance with applicable Iowa law. Each City’s council shall approve the award of the contract. Approval shall not be unreasonably delayed or denied. West Des Moines shall execute the construction documents on behalf of the Cities. West Des Moines shall be responsible for twenty- five (25) percent and Waukee shall be responsible for seventy-five (75) percent of the total expenses incurred. It is anticipated that each City may seek funding and/or reimbursements from developer(s) in their respective Cities. Each City shall be responsible for collecting any funds due from developers in their respective Cities. Failure to collect funds from a developer shall not relieve a City of its financial obligations under this Agreement. Upon completion of the improvements, the contractor will provide West Des Moines with a four year maintenance bond for the entire project. West Des Moines shall be responsible for making any claims against the maintenance bond for the project. On-going maintenance of the public improvements beyond the maintenance bond period will be in accordance with a separate 28E agreement approved between the two Cities which outlines specific maintenance responsibilities with respect to the improvements undertaken pursuant to this agreement. The Union Pacific Railroad Crossing Each City shall be responsible for fifty (50) percent of all fees charged and associated with the improvements to the Union Pacific Railroad Crossing. 10. SEVERABILITY. If any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall continue in full force and effect. 11. EXECUTION. Each City shall execute and deliver such additional instruments and documents and to take all such other action as the other City may reasonably request from time to time in order to effect the provisions and purposes of this Agreement. 12. TERMINATION. This Agreement shall terminate upon acceptance of the improvements by each City’s Councils after the expiration of the maintenance bonds for the publically let projects. City Council or the West Des Moines City Council by giving ninety (90) days written notice of such intention to terminate. Notice of such termination shall be served by registered mail to the City clerk of the other City. The termination of this Agreement shall not relieve either City of any obligation or liability arising during the term of the Agreement. (Signature page to follow.) IN WITNESS WHEREOF, the parties hereto have set their hands, for the purpose herein expressed. CITY OF WAUKEE, IOWA CITY OF WEST DES MOINES, IOWA Passed and Approved the Passed and Approved the day of ,2016. day of , 2016. _________________________________ William Peard, Mayor Steven Gaer, Mayor ATTEST: ATTEST: _____________________________ Becky Schuett, City Clerk Ryan T. Jacobson, City Clerk