HomeMy WebLinkAbout2016-05-16-J01I 28E Agreement - Waco Place_98th Street
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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