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Home My WebLink About2008-02-04-Resolutions 08-30_Alice's Rd-105th St Interchange - 28E AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 08-30 APPROVAL OF AN AMENDED 28E AGREEMENT WITH THE CITY OF WEST DES MOINES FOR THE CONSTRUCTION OF AN INTERCHANGE AT THE INTERSECTION OF 10STHSTREET /ALICE'S ROAD AND 1-80 IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,under Chapter 28E of the Code ofIowa,200S,the Cities,as public agencies,may enter into an Agreement to provide services to the advantage of all agencies;AND, WHEREAS,a 28E Agreement between the Cities of West Des Moines and Waukee for the construction of an interchange at the intersection of ios"St./Alice's Rd.and 1-80 was initially approved by the City of Waukee on October IS,2001;AND, WHEREAS,it has become necessary for said 28E Agreement to be amended;AND, WHEREAS,the proposed 28E Agreement is attached to this resolution and made a part hereof. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 4th day of February 2008 that it hereby approves the amended 28E Agreement with the City of West Des Moines for the construction of an interchange at the intersection ofl Osth St./Alice's Rd.and 1-80. Attest: ROLL CALL VOTE Donald L.Bailey,JI. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE X X X X X NAY ABSENT ABSTAIN I I-80 INTERCHANGE 28E AGREEMENT AMENDMENT THIS AGREEMENT made and entered into the Jl±!I.day of RJwu 4~,2008,by and between the CITY OF WAUKEE,IOWA (hereinafter referred to as "Wauleee")d the CITY OF WEST DES MOINES,IOWA (hereinafter referred to as "West Des Moines"): WHEREAS,the Cities of Wankee and West Des Moines are municipal corporations organized and existing under the laws of the State of Iowa and are public agencies as defined by Iowa Code Chapter 28E;and WHEREAS,West Des Moines and Waukee entered into a28E Agreement on October 15, 2001 recorded with the Dallas County Recorder on or about the 19th day of November,2001 in Book 2001,Page 14091;and WHEREAS,each City is willing to share certain costs for design and construction of the 105th Street/Alice's Road Interchange (hereinafter referred to as "the Interchange")on 1-80;and WHEREAS,both Cities seek to clarify their agreement as it pertains to cost sharing relative to the Interchange and to eliminate provisions,or portions thereof,that are no longer applicable as a result of an annexation moratorium agreement that was adopted by West Des Moines in August 2006 and Waukee in January 2007 therefore both Cities seck to modify the aforementioned 28E accordingly. NOW,THEREFORE,in consideration of the premises and the mutual covenants and agreements hereinafter contained,it is hereby agreed by and between Waukee and West Des Moines that the 28E Agreement on October 15,2001 recorded with the Dallas County Recorder on or about the 191h day of November,2001 in Book 2001,Page 14091 should be amended by substituting this agreement in its entirety as follows: 1.Both Cities are committed to seek outside funding which will offset tile cost of the Interchange and any other studies that may be necessary. 2.The two Cities shall equally pay for the cost ofthe Interchange Justification Report (s) (UR)and any other studies that may be necessary to continue to move the project forward to completion. 3.The City ofWaulcee will be the lead agency and will contract for professional services related to the design of the project.The City of West Des Moines will be the lead agency for light- of-way acquisition for the project.Each City shall be obligated for 50%of the costs and expenses for said professional and right-of-way acquisition services.The lead City shall submit the non-lead City a copy of any invoices received for said professional services and light-of-way acqnisition,and the non-lead City shall pay to the lead City 50%of said invoice within 30 days of receipt of said invoice by the non-lead City. 4.Each City will budget $650,000.00 for the cost of preparation of the Bridge! Interchange engineering design and related work. G:\Becky\AgreemeU1S -28E\l-31-0B Waukee-WDM 1-80 Interchange 28E Agmt revised by SPB 1-10-08-1 .doc I5.Upon the approval ofthe design documents and the acquisition of right -of-way,each City will commit one-half of the necessary funds to allow the project to proceed to construction. Each city shall review and provide approval of the costs that shall be incurred,Such a process will aide in budgeting as well as keeping the city poised to deal with potentially large expenses as they are incurred, 6.Any grant funds received for the Bridge,Interchange design,engineering,and/or construction;and/or the relocation ofthe rest stop shall be jointly shared by both Cities. 7.Each City will equally share in the cost of tile preparation of an lnterchange Justification Report (IJR)and other related documents associated with obtaining approval of connecting ramps to I -80.Work on the IJR shall commence once new population and employment data are available and the Des Moines Area Metropolitan Planning Organization (MFO)updates the traffic model with the new data.Each City will equally share in the design and construction cost of said ramps. 8.Any costs incurred by either City on their side of the interstate in land acquisition, construction,engineering,anellor design for the roadways and utilities outside of the ramp terminus shall be the costs of each respective City.The costs associated with acquisition,construction, engineering,anellor design for the Bridge/Interchange ramps shall be divided equally among the Cities.For the purpose of this agreement,the ramp terminus shall be defmed as that area within an equal distance north and south on each side of the ramp intersection points,said distance to be deten:nined by mutual agreement of the Cities after the design of the project has been completed.] 9.This agreement shall have a term of15 years from date of execution ofthis agreement but may be terminated prior to the expiration ofthe term through the mutual written agreement of the parties. 10.The terms and conditions of this 28E Agreement shall be binding on the snccessors and assigns of the respective parties.This Agreement contains the entire understanding between the parties as it pertains to the subject matter ofthis agreement. IN WITNESS WHEREOF,the parties have caused this instrument to be executed by their respective officers,pursuant to full authority granted and given as of the day and year first above written. CITY OF WAUKEE CITY OF WEST DES MOINES I G:\Bccky\Agl'ccmcnts -28E\1-31-08 Waukce-WDM 1-80 Interchange 2gE Agml revised by spa 1-1 0-08-1.duc STATE OF IOWA ) )ss: COUNTY OF DALLAS ) On this -rt1'\day of Rbvua'f;i ,2008,before me,the undersigned,a Notary Public in and for said County and State,p rsonally appeared WIlham F.Peard and Jeffrey L. Kooistra,to me personally known,who,being by me duly sworn,did state that they are tile Mayor and City Administrator of the City of Waukee,respectively,of said City;that no seal has been procured by the said City;that said instrument was signed on behalf of said City by authority of its City Council;and that the said William F.Peard and Jeffrey L.Kooistra as such officers acknowledge the execution of said instrument to be the voluntary act and deed of said City,by it and by them voluntarily executed. Notary Public ofthe State ofIowa STATE OF IOWA) )ss: COUNTY OF DALLAS ) On this //..ftL.day of-.-L>:::..oh,-,V:,--v.--,-=~_----,2008,before me,the undersigned,a Notary Public in and f01"said County and State,rsonally appeared Steven K.Gaer and Jody E.Smith to me personally known,who,being by me duly sworn,did state that they are the Mayor and City Clerk of the City of West Des Moines,respectively,of saiel City;that no seal has been procured by the said City;that said instrument was signed on behalf of said City by authority of its City Council;and that the said Steven K.Gaer and Jody E.Smith as such officers acknowledge the execution of said instrument to be the voluntary act and deed of said City,by it and by them voluntarily executed. iJ"'.FERN E.STEWARTf~CommIssion Number 223053.•My Commission ExpIres ow June 16,2009 G:\Becky\Agrecmcuts -28E\1-31-08 Waukee-WDM I~80 Interchange28E Agmt rcvised by SPB 1-10-08-1.doc