HomeMy WebLinkAbout2007-01-08-Resolutions 07-16_WDM Outfall Extension - 28E Agr - WRATHE CITY OF WAUKEE,IOWA 1I
RESOLUTION 07-16
APPROVING A 28E AGREEMENT BETWEEN AND AMONG THE DES MOINES
METROPOLITAN WASTEWATER RECLAMATION AUTHORITY (WRA),CITY OF
WEST DES MOINES AND THE CITY OF WAUKEE FOR THE PROVISION OF
PROPERTY ACQUISITION,DESIGN AND CONSTRUCTION ADMINISTRATION
SERVICES,AND FOR FINANCING OF THE WEST DES MOINES OUTFALL
EXTENSION,PHASE 18,SEGMENT 5 PROJECT,AN EXPEDITED PROJECT TO
CONSTRUCT A WRA EXPANSION IMPROVEMENT
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 of Iowa,cities as public agencies may enter into an
Agreement to provide services to the advantage of all agencies;AND,
WHEREAS,the Des Moines Metropolitan Wastewater Reclamation Authority (WRA)has
adopted and undertaken a series of capital improvements to construct wastewater collection and
conveyance system improvement on behalf of participating communities comprising the WRA,
of which the Cities of West Des Moines and Waukee are included;AND,
WHEREAS,the West Des Moines Outfall Extension,Phase 18,Segment 5 Project is an
expansion improvement project initially scheduled to begin construction in the year 2010 for
which the Cities of West Des Moines and Waukee have requested an accelerated construction
timeline;AND,
WHEREAS,the WRA,the City of West Des Moines and the City of Waukee have negotiated
the terms of a 28EAgreement,which is attached to this resolution and made a part hereof,in which
the City of West Des Moines and the City of Waukee will proceed towards the immediate design
and construction of,and the acquisition of property for,the West Des Moines Outfall Extension,
Phase 18,Segment 5 Project;
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
8th day of January 2007 that it hereby approves the 28E Agreement Between and Among the Des
Moines Metropolitan Wastewater Reclamation Authority (WRA),the City of West Des Moines and
the City of Waukee for the Provision of Property Acquisition,Design and Construction
Administration Services,and for Financing of the West Des Moines Outfall Extension,Phase 18,
Segment 5 Project,an Expedited Project to Construct a WRA Expansion Improvement.
Attest:
ROLL CALL VOTE AYE NAY ABSENT
Donald L.Bailey,JI.X
Isaiah McGee X
JeffV.Mertz X
Darlene Stanton X
Mike Watts X
CHAPTER 28E AGREEMENT
Between and Among
The Des Moines Metropolitan Wastewater Reclamation Authority (WRA),
the City of West Des Moines and the City of Waukee for the Provision of Property Acquisition,
Design and Construction Administration Services,and for Financing
of the West Des Moines Outfall Extension,Phase 18,Segment 5 Project,an Expedited
Project to Construct a WRA Expansion Improvement.
TillS AGREEMENT entered into by and between the Des Moines Metropolitan Wastewater
Reclamation Authority (hereafter "the WRA")and the City of West Des Moines,Iowa (hereafter
"West Des Moines")and the City of Waukee,Iowa (hereafter "Waukee").
WHEREAS,the WRA has adopted and undertaken a program of capital improvements to construct
wastewater collection and conveyance system improvements ("WRA Improvements")on behalf of
the Participating Communities comprising the WRA,which program of improvements is described,
prioritized and scheduled in order of performance in Exhibit 31 to the WRA Agreement executed
and entered into by the Participating Communities and effective on and as of July 1,2004;and
WHEREAS,Article VII,Section 2 of the WRA Agreement,and Exhibits 14 through 27 thereto,
identify and prioritize in order of performance the WRA Improvement Projects which the WRA
expects to undertake on behalf of the WRA Connnunities,therein identifying "Core )
Improvements"to be undertaken on behalf of and financed by the "Core Communities"
consisting of the Cities of Altoona,Aukeny,Bondurant,Clive,Cumming,Des Moines,Johnston,
Norwalk,Pleasant Hill and West Des Moines,Polk "County,Warren County,Waukee,Greenfield
Plaza/Hills of Coventry Sanitary District,Urbandale Sanitary Sewer District and Urbandale-
Windsor Heights Sanitary District,and therein identifying "Expansion Improvements"to be
undertaken on behalf of and financed by the "Expansion Communities"consisting of the Cities
of Altoona,Ankeny,Bondurant,Clive,Cumming,Norwalk and West Des Moines,Warren
County,Waukee and Urbandale Sanitary Sewer District,as well as any other newly connecting
connnunities that subsequently become Participating Communities of the WRA;and
WHEREAS,the West Des Moines Outfall Extension,Phase 18,Segment 5 Project is an Expansion
Improvement Project to be undertaken by the WRA on behalf of the City of West Des Moines and
the City of'Waukee,construction of which is scheduled to connnence in 2010 as shown in Exhibit
31 to the WRA Agreement;and
WHEREAS,the City of West Des Moines and the City of Waukee have expressed their desire to
have the West Des Moines Outfall Extension,Phase 18,Segment 5 Project constructed prior to the
times shown on the schedule in Exhibit 31;and
WHEREAS,the WRA,the City of West Des Moines and the City of Waukee have determined and
agreed that the WRA Operating Contractor is at this time fully engaged in the management and
oversight of the design and construction of other currently scheduled Core and Expansion
Improvement Projects and has insufficient staff and resources to simultaneously manage and oversee
the West Des Moines Outfall Extension,Phase 18,Segment 5 Project;and
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WHEREAS,pursuant to the WRA Agreement and Exhibit 31 thereto,the WRA is not expected to
issue bonds for design and construction,and for acquisition of property for the West Des Moines
Outfall Extension,Phase 18,Segment 5 Project until 2010;and
WHEREAS,the WRA,the City of West Des Moines and the City of Waukee have negotiated
the terms of this Agreement,pursuant to which the City of West Des Moines and the City of
Waukee (hereinafter referred to collectively as the "Expediting Communities")will proceed towards
the immediate design and construction of,and the acquisition of property for West Des Moines
Outfall Extension,Phase 18,Segment 5 Project (hereinafter referred to as "the Expedited Project"
or "the Project"),under the procedures herein provided;and
WHEREAS,under this Agreement the City of West Des Moines will provide funding for the
Expedited Proj ect,and the WRA will reimburse the City of West Des Moines the costs which it
so incurs at such time as the WRA sells its bonds for the Proj ect,pursuant to the schedule set
forth in the WRA Agreement and in Exhibit 31 thereto;and
NOW THEREFORE,the WRA,the City of West Des Moines and the City of Waukee (hereafter
referred to collectively as "the Parties"and sometimes individually as a "Party")do hereby agree as
follows:
Part I -Joint Exercise of Powers Under Chapter 28E ofthe Code ofIowa.
1.Pursuant to Chapter 28E of the 2005 Code of Iowa,the Parties do hereby agree that the
purpose of this Agreement is to jointly exercise their respective powers to design,acquire property
for,adrrrinister the construction of,and construct public improvements (a/k/a/WRA improvements),
and that pursuant to this Agreement the City of West Des Moines is undertaking (a)to procure the
services of a design professional and secure the design of the West Des Moines Outfall Extension,
Phase 18,Segment 5 Project,all as more particularly described in Exhibit A hereto;(b)procure the
services of an acquisition agent and an appraiser to assist in the acquisition of properties or property
interests,as needed,for the remaining portions of the West Des Moines Outfall Extension,Phase 18,
Segment 5 Project as described in Exhibit A hereto (hereafter "the Project");and (c)to procure by
competitive bid a contract for construction of the improvements described in Exhibit A (hereinafter
"the Project Improvements")and to administer said contract and to oversee the construction of the
Project,all as more particularly hereafter provided,
2.The Parties agree that this Agreement shall be effective upon its approval and execution by
all Parties and its recording with the Secretary of State,Polk County Recorder's Office,and the
Dallas County Recorder's Office,and that the duration ofthis Agreement shall be for a period often
(10)years or until such time as both Parties have discharged their respective obligations under this
Agreement,whichever occurs later.
3,The Parties hereby agree that the City Manager of the City of West Des Moines and the
WRA Director shall be designated as co-administrators for purposes of this Agreement as provided
by Section 28E.6 of the Code ofIowa,that the West Des Moines City Manager on behalf of itself
and City of Waukee shall administer (a)the provision of design services,property appraisal services
and property acquisition services for the Project,and (b)the procurement and administration of
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Project construction services by the City of West Des Moines and the City of Waukee,and that the 1)1
WRA Director shall administer this Agreement on behalf of the WRA.
4.The Parties hereby agree that the WRA shall exercise oversight over the provision of design
services for the Project,oversight over the provision of property appraisal and property acquisition
services for the Project,and oversight over the procurement and administration of the construction
contract for the Project Improvements by City of West Des Moines,all as more particularly hereafter
provided,and the WRA agrees to reimburse City of West Des Moines,as hereafter provided,all
costs and expenses which it incurs in procuring and administering the provision of said services,in
securing property for the Project,and in securing the design and construction of the Project
Improvements.
Part n -Selection and Approval of Consnltant for Provision of Design,Appraisal and
Property Acquisition Services for the Project;Preparation of Preliminary Project Design
and Preliminary Project Budget;Public Hearing on Proposed Project;Approval of
Preliminary Design;Authorization to Undertake Final Design of the Project
Improvements;Authorization to Acquire Properties for the Project;Authorization
to Procure a Contract for the Construction of Project Improvements
5.West Des Moines intends to contract for Engineering Services with Veenstra &Kimm,
Inc.(hereinafter West Des Moines'"Consultant"),the selection of which consultant was made
from the WRA's approved list of pre-qualified consultants pursuant to West Des Moines'policy
for the selection of consultants.Any contract with Veenstra &Kimm,Inc.or any other
consultant on this Project must be approved by the WRA.
6.The City of West Des Moines agrees that it will cause its Consultant to prepare a
Preliminary Project Design and a Preliminary Project Budget for the Project.The Preliminary
Project Design shall include a description of the Project Improvements,a description of the route
of the Project and a listing of the properties and the property owners whose properties will have
to be acquired to acconunodate construction of the Project Improvements as shown in the
Preliminary Project Design.The Preliminary Project Budget shall include:
(a)an estimate of the design costs for the Project;
(b)an estimate of the property acquisition costs for the Proj ect,including an estimate
of the consultant fee for property acquisition services,and estimate of fee for
appraisal services and the estimated cost to acquire (purchase costs and
condemnation award)all properties required for the Project;and
(c)an estimate of the cost to construct the Project Improvements,including the
consultant fee for construction administration,observation and inspection
services.
7.West Des Moines shall follow the provisions of House File 2351 and Chapters 6A and
6B of the Iowa Code as amended by HF 2351 in acquiring all property interests for the Project.
In the event that agricultural land,as defined in Section 6A.21 of the Iowa Code,will have to be
acquired to accommodate construction of the Project Improvements as shown in the Preliminary
Project Design,West Des Moines agrees that it will cause a notice of public hearing to be
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published and served upon all property owners whose properties will be affected by,or will have
to be acquired to accommodate construction of,the Project Improvements,and that it will
coordinate the holding of such hearing before the WRA Board,all as required by Chapter 6B of
the Iowa Code and as further provided by the WRA Policy Regarding the Acquisition of
Property for WRA Improvements and Regarding the Acceptance or Grant of Property Interests,
as said Policy presently exists or as it is hereafter amended by action of the WRA Board.West
Des Moines and Waukee acknowledge that absent notice to property owners and the holding of a
public hearing as provided and required by Section 6B.2A of the Iowa Code,the WRA may not
have authority to acquire by condemnation properties needed for the Project.At the conclusion
of the hearing on the proposed project,the WRA Board shall consider approval of the
Preliminary Project Design and Preliminary Project Budget as presented and recommended by
the Expediting Communities and West Des Moines'Consultant.West Des Moines agrees that it
will cause a notice of public hearing to be published and served upon all property owners whose
properties is proposed to be acquired by eminent domain,to an any contract purchaser of record
of the property,and to any tenant known to be occupying the property at least fourteen days prior
to the date of the meeting at which such proposed authorization will be considered for adoption
by the WRA pursuant to 6B.2D of the Iowa Code.The notice shall include the date,time and
place of the meeting and statement that the persons receiving the notice have a right to attend the
meeting and to voice objection to the proposed acquisition of the property.The notice shall
include a copy of the proposed resolution,motion,or other document authorizing acquisition by
eminent domain.The notice shall also include the same statement of individual rights that is
required by section 6B.2A.West Des Moines and Waukee shall coordinate the holding of such
hearing before the WRA Board.West Des Moines and Waukee acknowledge that absent notice
to property owners and the holding of a public hearing as provided and required by Section
6B.2D of the Iowa Code,the WRA may not have authority to acquire by condemnation
properties needed for the Project.A resolution authorizing use of eminent domain will presented
for action before the WRA Board at the conclusion of the hearing.
8.After the necessary hearings set forth above,upon Board approval of the Preliminary
Project Design and Preliminary Project Budget as presented and recommended by the Expediting
Communities and by West Des Moines'Consultant,(a)West Des Moines shall be authorized to
cause its Consultant to prepare final plans and specifications for the Project;and (b)West Des
Moines and WRA Operating Contractor shall be authorized to acquire property for the Project in
the name of both West Des Moines and the WRA,as more particularly hereinafter provided and
pursuant to the W RA Policy Regarding the Acquisition of Property for WRA Improvement
Projects and Regarding the Acceptance or Grant of Property Interests,as said Policy presently
exists or as it is hereafter amended by action of the WRA Board.
9.Upon Board approval of the Preliminary Project Budget,West Des Moines shall be
deemed authorized to expend not to exceed the amounts set forth in said Budget to secure the
design of Project Improvements,the acquisition of properties for the Project,and the
construction of the Project Improvements,all as more particularly hereinafter provided.
Part ill -Preparation and Approval of Final Project Design (plans and Specifications).
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10.Upon the WRA Board's approval of the Preliminary Project Design and Preliminary
Project Budget as provided in Part III hereof,West Des Moines shall cause its Consultant to
prepare the plans and specifications for the Project Improvements as required by Chapter 384
and new chapter 38 of the Iowa Code and House File 2713.Upon completion of the plans and
specifications,West Des Moines shall cause same to be submitted to the WRA Director for
review and approval.
11.The WRA Director shall have the authority to approve said plans and specifications and
revisions to the plans and specifications proposed by the Expediting Communities and by West
Des Moines'Consultant,and shall have authority to propose revisions to the plans and
specifications.If the WRA Director and the Expediting Communities cannot agree with respect
to proposed revisions to the plans and specifications,any of the Parties may cause them to be
submitted to the WRA Technical Committee for further review and recommendation.If at the
conclusion of such review by the Technical Committee,the WRA Director and the Expediting
Communities are still in disagreement with respect to proposed revisions to the plans and
specifications,any of the Parties may cause such plans and specifications to be submitted to the
WRA Board for its consideration.The determination of the WRA Board with respect to the
approval of the plans and specifications,or with respect to revisions thereto,shall be final.
Part IV -Establishment of Fair Market Value for Project Properties;Acquisition of
Properties for the Project;Approval of Settlements in Excess of Approved Fair Market
Value;Condemnation of Properties Not Acquired by Negotiation;Appeal of
Condemnation Awards;Abandonment of Condemnation.
12.West Des Moines shall cause its Consultant to employ the services of a professional
appraiser to appraise the value of all properties to be acquired in whole or in part for the Project.
West Des Moines shall obtain the approval of all fair market value estimates for project
properties by either the WRA Board or by the WRA Director,all as provided and required by
Chapter 6B of the Iowa Code and by the WRA Policy Regarding the Acquisition of Property for
WRA Improvement Projects and Regarding the Acceptance or Grant of Property Interests,as
said Policy presently exists or as it is hereafter amended by action of the WRA Board.
13.West Des Moines shall further cause its Consultant to present purchase offers to the
owners,contract purchasers and interest holders of properties required for the Project,as
appropriate,which purchase offers shall be in the amount of the approved fair market values of
such properties,all as provided and required by Chapter 6B of the Iowa Code and by the WRA
Policy Regarding the Acquisition of Property for WRA Improvement Projects and Regarding the
Acceptance or Grant of Property Interests,as said Policy presently exists or as it is hereafter
amended by action of the WRA Board.Permanent easements for sanitary sewer facilities and
conveyance documents for other property interests which are obtained for the Project shall be in
the form approved by the WRA.A negotiated purchase of a property or of a permanent
easement for the Project shall not be concluded unless and until West Des Moines has obtained
an opinion or certification from its legal counsel that the grantor of the property or easement is
lawfully possessed of the property and authorized to make such conveyance,and that such
conveyance is made free and clear of all encumbrances.
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14.Administrative Settlements for the acquisition of properties required for the Project shall
be subject to approval by the WRA Board or by the WRA Director,all as provided and required
by Chapter 6B of'the Iowa Codc and by the WRA Policy Regarding the Acquisition of Property
for WRA Improvement Projects and Regarding the Acceptance or Grant of Property Interests,as
said Policy presently exists or as it is hereafter amended by action of the WRA Board.Absent
Board approval of property acquisition settlements in excess of the approved Fair Market Value,
or Board approval of an amendment to the Project Budget,West Des Moines shall be responsible
for all costs which it incurs which are in excess of the Project Budget,and such excess costs
shall not be included in the purchase price of the Project (a/k/a Final Project Cost)to be paid by
the WRA under Part VI hereof.
15.If West Des Moines is unable to acquire a property required for the Project by
negotiation,the WRA shall cause its Operating Contractor to initiate condemnation proceedings
against the property owner,contract purchaser and/or interest holders,as appropriate,all as
provided and required by Chapter 6B of the Iowa Code and by the WRA Policy Regarding the
Acquisition of Property for WRA Improvement Projects and Regarding the Acceptance or Grant
of Property Interests,as said Policy presently exists or as it is hereafter amended by action of the
WRA Board.Except in the event the WRA or West Des Moines exercises its right to decline
payment of the condemnation award and abandon the condemnation,West Des Moines shall pay
the condemnation award made by the Sheriff's compensation commission,as compensation and
damages for acquisition of the property and all related interests,together with the Sheriff's fees
in connection therewith.Regardless whether West Des Moines pays the condemnation award or
exercises its right to abandon the condemnation,West Des Moines shall pay the Operating
Contractor's fees and costs in connection with the condemnation proceedings,including but not
limited to attorney fees,witness fees,and service and publication fees.The compensation
commission's award and the Sheriff's fees and costs above identified shall be paid by West Des
Moines within 21 days after entry of the award by the commission.The Operating Contractor's
fees and costs in connection with the condemnation proceedings shall be paid by West Des
Moines within 30 days after it receives a billing statement from the WRA for said fees and costs.
If the Operating Contractor's fees and costs in connection with the condemnation proceeding
before the compensation commission are not paid by West Des Moines within 60 days after such
costs are billed to West Des Moines,such fees and costs shall be reimbursed to the Operating
Contractor by the WRA.The WRA may institute legal proceedings to collect such fees and
costs from West Des Moines.
16.If West Des Moines fails or declines to pay the award of the compensation commission,as
required by Chapter 6B of the Iowa Code,together with the Sheriff's fees and costs and the
Operating Contractor's fees and costs in connection therewith and in connection with its
administration of this Agreement,the WRA may decline to proceed with the Project,may refuse to
allow the Project Improvements to be connected to the WRA System,may refuse to purchase said
improvements,may refuse to operate and maintain said improvements,and/or may declare the
Project and any condemnation proceedings in connection therewith to be abandoned.In the event
the WRA declares the Project and/or any condemnation proceeding in connection therewith
abandoned,West Des Moines shall be obligated to pay all damages payable to the property owner or
interest holders in connection with the abandonment of said condemnation proceeding,together with
the Sheriff's fees and costs and the Operating Contractor's fees and costs in connection with the
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condemnation proceeding before the compensation COI1lI1llSSlOnand in connection with its
administration of this Agreement.Should West Des Moines fail to pay damages to the property
owner or interest holders on account of abandonment of condemnation,together with the sheriffs
and the Operating Contractor's fees and costs in connection with the condemnation proceeding and
in connection with its administration of this Agreement,West Des Moines shall be considered in
breach of this Agreement and the WRA shall be entitled to judgment against West Des Moines in
the amount of the award of the compensation commission,together with accrued unpaid costs and
fees,plus interest.
17.If the WRA and West Des Moines determine that the award of the compensation
commission is excessive,they may direct that the Operating Contractor appeal such award to
District Court in the county in which the condemned property is situated,or they may direct that
such appeal be made by West Des Moines'legal counsel.If the property owner or an interest
holder in the property appeals the award of the compensation commission to district court,the
WRA and West Des Moines may direct the Operating Contractor to defend such appeal,or they
may direct that such appeal to be defended by West Des Moines'legal counsel.As a condition
of the Operating Contractor's prosecution or defense of such appeal,West Des Moines shall be
required to deposit the award of the compensation commission with the sheriff,and shall be
required to pay all of the sheriffs fees and costs as well as the Operating Contractor's fees and
costs in connection with the condemnation proceeding before the compensation commission and
in connection with its administration of this Agreement.West Des Moines shall pay the
condemnation award entered by the district court pursuant to snch appeal,together with the
Operating Contractor's fees and costs in connection therewith,including but not limited to
attorney fees,witness fees,COUlt costs and service and publication fees,and its costs in
connection with its administration of this Agreement.If the Operating Contractor's fees and costs
in connection with the appeal of the condemnation award to district court are not paid by West
Des Moines within 60 days after such costs are billed to West Des Moines,such fees costs shall
be reimbursed to the Operating Contractor by the WRA.The WRA may institute legal
proceedings to collect such fees and costs from West Des Moines,
18,If West Des Moines fails or declines to pay the condemnation award entered upon appeal to
district court,as required by Chapter 6B of the Iowa Code,together with the Operating Contractor's
fees and costs in connection with the appeal and in connection with its administration of this
Agreement,and if the Project Improvements are not then completed and connected to the WRA
System,the WRA may decline to proceed with the Project,may refuse to allow the Project
Improvements to be connected to the WRA System,may refuse to purchase said improvements,may
refuse to operate and maintain said improvements,and/or may declare the Project and any
condemnation proceedings in connection therewith to be abandoned,In the event the WRA declares
the Project and/or any condemnation proceeding in connection therewith abandoned,West Des
Moines shall be obligated to pay all damages payable to the property owner or interest holders in
connection with the abandonment of said condemnation proceeding,together with the Operating
Contractor's fees and costs in connection with the appeal and in connection with its administration of
this Agreement.If West Des Moines fails to pay damages to the property owner or interest holders
on account of abandonment of condemnation,together with the Operating Contractor's fees and
costs in connection with the appeal and in connection with its administration of this Agreement,
West Des Moines shall be considered in breach of this Agreement and the WRA shall be entitled to
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judgment against West Des Moines in the amount of such unpaid damages together with accrued
unpaid costs and fees,plus interest.
19.If West Des Moines fails or declines to pay the condemnation award entered upon appeal to
district court,as required by Chapter 6B of the Iowa Code,together with the Operating Contractor's
fees and costs in connection with the appeal and in connection with its administration of this
Agreement,and if the Project Improvements have been completed and connected to the WRA
System and accepted by the WRA,West Des Moines shall be considered in breach of this
Agreement and the WRA shall be entitled to judgment against West Des Moines in the amount of
such unpaid condemnation award and accrued unpaid costs and fees,plus interest.
Part V -Procurement of Contract to Construct Project
Improvements;Approval of Plans and Specifications;Approval of Cost Estimate
for Construction and Final Project Budget;Approval and Execution of Contract to
Construct Project Improvements;Administration of Contract to Construct Project
Improvements;Approval of Progress Payments and Change Orders;
Final Approval and Acceptance of Project Improvements.
20.Upon approval of the plans and specifications for the Project Improvements as provided in
Part III,West Des Moines shall be authorized to procure bids for construction of the Project
Improvements pursuant to the competitive bidding process in Chapter 384 of the Iowa Code,
new Chapter 38 of the Iowa Code,House File 2713 and pursuant to the WRA Policy Regarding
the Provision or Procurement of Design and Construction Services for WRA Improvement
Projects,as said Policy presently exists or as it is hereafter amended by action of the WRA
Board.West Des Moines shall publish the notice to bidders and shall publish notice for and hold
the public hearing on the plans and specifications,form of contract and cost estimate for
construction of the Project Improvements.
21.After receipt and tabulation of bids for construction of the Project Improvements,West
Des Moines shall present such bids and bid tabulation,together with the Final Project Budget
and the recommendation of the Expediting Communities and West Des Moines'Consultant with
respect to the award of contract to the lowest responsible bidder,to the WRA Board for its
review and approval.Upon the Board's approval of said recommendation as to award of
contract,and its approval of the Final Project Budget,and upon conclusion of West Des Moines'
public hearing on the plans and specifications,form of contract and cost estimate for
construction of the Project Improvements,West Des Moines shall be authorized to enter into a
contract for construction of the Project Improvements with the lowest responsible bidder
recommended by the Expediting Communities and West Des Moines'Consultant.
22.West Des Moines shall provide construction administration services in conjunction with the
construction of the Project Improvements.Construction administration services shall include the
following:
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(a)Require the contractor to obtain,and to maintain in continuous
effect,the insurance coverages and the performance,maintenance and payment
bond as specified in the contract documents;
(b)Provide qualified personnel to observe the progress of construction
at appropriate stages to determine if the work is proceeding on schedule and being
performed in accordance with the design documents and related contract
documents;
(c)Perform compaction tests and test materials provided or emplaced
by contractor to determine compliance with the design documents and related
contract documents;
(d)Review contractor requests for progress payments to determine the
appropriateness thereof;
(e)Process contractor requests for progress payments,obtain approval
of appropriate progress payments by West Des Moines'governing body,and make
progress payments to contractors,withholding therefrom the required 5%retainage
pursuant to Chapter 573 and 38 ofthe Iowa Code;
(f)Review contractor requests for change orders and time extensions to
determine the appropriateness thereof;
(g)Process contractor requests for change orders and time extensions,
obtain approval thereof by West Des Moines'governing body,and make change
order payments to contractors,withholding therefrom the required 5%retainage
pursuant to Chapters 573 and 38 of the Iowa Code;
(h)Process claims made by subcontractors and material suppliers
pursuant to Chapter 573 of the Iowa Code,and administer the retainage fund in
accordance therewith;
(i)Upon contractor request for [mal payment,conduct a final inspection
and develop a punch list of items for completion,if any;and
G)Maintain all Project documents and records for the mandatory three
(3)-year retention period from the date of [mal payment for inspection and auditing
by West Des Moines,WRA and any other authorized governmental agency.
The Parties further agree that the Operating Contractor shall be entitled to charge to the Project its
costs and those of the WRA Director in administering the performance of this Agreement by the
Parties.West Des Moines agrees to pay such charges pursuant to periodic billings from the
Operating Contractor,and such charges shall be included in West Des Moines'Certification of
Final Project Cost as provided in paragraph 24 of this Part.If West Des Moines disputes the
amount of the costs of administration billed to it by the Operating Contractor,either the WRA or
West Des Moines may cause said matter to be submitted to binding arbitration as provided in Part
VII hereof.
23.Contract change orders requested by the contractor,which increase the contract price for
construction of Project Improvements,shall be subject to review and approval by the WRA Board
or the WRA Director,pursuant to the WRA Policy Regarding the Provision or Procurement of
Design and Construction Services for WRA Improvement Projects,as said Policy presently
exists or as it is hereafter amended by action of the WRA Board.If the WRA Director and the
Expediting Communities cannot agree with respect to a proposed contract change order,any of
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the Parties may cause the matter to be submitted to the WRA Technical Committee for further
review and recommendation.If at the conclusion of such review by the Technical Committee
the WRA Director and the Expediting Communities are still in disagreement with respect to the
proposed change order,any of the Parties may cause such proposed change order to be submitted
to the WRA Board for its consideration.The Board's determination with respect to any change
order shall be considered final,West Des Moines shall be deemed authorized to expend not to
exceed the amount of the lowest responsible bid approved by the Board to secure the
construction of the Project Improvements.Absent the approval of contract change orders by the
Board or by the WRA Director,either before or after such change orders are authorized by West
Des Moines,West Des Moines shall be responsible for all construction cost increases which it
incurs in connection with such change orders which are in excess of the lowest responsible bid
approved by the Board,and such excess costs shall not be included in the purchase price of the
Project (a!k/a Final Project Cost)to be paid by the WRA under Part VI hereof.
24.When the contractor requests final payment,West Des Moines shall arrange for a final
inspection of the Project Improvements and shall inform the Operating Contractor in writing of the
date and time thereof.The WRA shall cause its Operating Contractor to provide a qualified
representative to attend and participate in such final inspection.The Expediting Communities and
the Operating Contractor shall be responsible for developing the punch list of work items for
completion,and shall determine when such items have been completed.If the Expediting
Communities and the Operating Contractor have a dispute as to whether the Project Improvements
have been completed,or with regard to the punch list of work items remaining to be completed,
any of the Parties may cause said matter to be submitted to binding arbitration as provided in Part
VII hereof.Upon determination by the Expediting Communities and the Operating Contractor that
construction of the Project Improvements have been completed,they shall present their joint
recommendation in that regard to the WRA Board,together with West Des Moines'Certification
of Final Project Cost,which Certification shall include a listing of:
(a)all design costs for the Project;
(b)all property acquisition costs for the Project,including the consultant fee for
property acquisition services,the fee for appraisal services,and the cost to acquire
(purchase costs and condemnation awards)all properties required for the Project;
(c)the cost to construct the Project Improvements,including the consultant fee for
construction administration,observation and inspection services;and
(d)all charges made to the Project by the Operating Contractor to cover its cost of
administering this Agreement.
In the event that West Des Moines subsequently determines that it has incurred bona fide project
costs,consistent with the provisions of this Agreement,in excess of the Final Project Cost amount
shown in the Certification of Final Project Cost approved by the Board,it may submit a request for
Board approval of the inclusion of such additional costs in the Final Project Cost amount,together
with such supporting documentation as the WRA Director may require.The Board may,in its
discretion,approve such request for inclusion of additional costs in the Final Project Cost amount if
it determines that such costs were incurred in accordance with the provisions ofthis Agreement and
with applicable WRA Policies.If the Board declines to approve West Des Moines'request for
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inclusion of such additional costs in the Final Project Cost amount,either the WRA or West Des
Moines may cause said matter to be submitted to binding arbitration as provided in Part VII hereof.
25.Upon the Board's determination that the Project has been completed,and upon the Board
acceptance of West Des Moines'Certification of Final Project Cost,West Des Moines shall be
authorized to make final payment to the contractor.If the Board declines to approve West Des
Moines'Certification of Final Project Cost,either the WRA or West Des Moines may cause said
matter to be submitted to binding arbitration as provided in Part VII hereof.
26.(a)In the event that the condemnation award for a property acquired by
condemnation is under appeal to district court or to an appellate court as of the date of Project
completion,and the award and the fees and costs associated therewith have not been finally
determined,West Des Moines'Certification of Final Project Cost shall include an estimate of the
final amount of such award,fees and costs upon conclusion of the appeal proceedings.
(b)If upon the conclusion of the district court appeal the amount of the condemnation award,
fees and costs is less than the estimate,the Final Project Cost amount and purchase price of the
Project shall be decreased accordingly.If such appeal is concluded by trial,and the final amount of
the trial COUlt award,and the fees and costs assessed by the court,exceed the estimate,the Final
Project Cost amount and purchase price of the Project shall be increased accordingly.If it is
proposed that such district court appeal be concluded by a negotiated settlement or by consent
decree increasing the award,fees or costs,such proposed settlement or consent decree shall be
subject to approval by the WRA and West Des Moines.If the proposed settlement or consent
decree is not approved by both the WRA and West Des Moines,the district COUlt appeal shall be
tried.
(c)Unless the WRA and West Des Moines agree the district court's award,or its assessment of
fees and costs,is excessive and should be appealed,the award of the district court and the fees and
costs which it assesses shall be paid and the Final Project Costs and purchase price shall be
adjusted accordingly.If the district COUlt'S award,or its assessment of fees and costs,is appealed to
an appellate court by the property owner,such appeal shall be defended unless the WRA and West
Des Moines agree to a settlement of such appeal.If upon conclusion of an appellate court appeal
the amount of the district court's award,fees and costs is less than the estimate,the Final Project
Cost amount and purchase price of the Project shall be decreased accordingly.If upon the
conclusion of such appeal the amount of the district COUlt'S award,and its assessment of fees and
costs is more than the estimate,the Final Project Cost amount and purchase price of the Project
shall be increased accordingly.The settlement of any appellate COUlt appeal shall be subject to the
approval of both the WRA and West Des Moines.
(d)If West Des Moines does not agree with the Board's reduction of the Final Project Cost and
purchase price as provided in subparagraphs (b)or (c)above,either the WRA or West Des Moines
may cause said matter to be submitted to binding arbitration as provided in Part VII hereof.
27.(a)Upon West Des Moines'demonstration to the satisfaction of the WRA that final
payment has been made to the contractor,and that all property acquisition costs and related fees
and charges then due have been paid as required in Part IV,the WRA Board shall by resolution
II
agree to allow the connection of the Project Improvements to the WRA System and their use by
West Des Moines and Waukee,with operation and maintenance thereof by the WRA,all on an
interim basis until final acceptance and purchase of the Project Improvements by the WRA as
provided in Part VII hereof.West Des Moines,and Waukee pursuant to Paragraph 27(b)of this
part,shall be responsible for payment of WRA operation and maintenance costs attributable to the
Project Improvements as of the date said Improvements are actually connected to the WRA System
and wastewater flows therefrom into the WRA System commences.
(b)The Parties acknowledge that the City of Waukee,Iowa,under a Supplement to the WRA
Agreement approved and executed by the WRA and the City of Waukee on and as of December
20,2005,is a Newly Connecting Community and will become a Participating Community of the
WRA effective on July 1,2007,and will thereupon be allowed to connect to and commence use of
the WRA System,including the Project Improvements constructed pursuant to this Agreement.
Part VI -Expediting Community's Financing of Project Improvements Pending WRA's
Issuance of Bonds;WRA Purchase of Project Improvements;Expediting Community's
Conveyance of Project Improvements and Project Properties to WRAj WRA's Final
Acceptance of Project Improvements.
28.(a)The Parties acknowledge and agree that pursuant to the WRA Agreement and Exhibit 31
thereto,the WRA is not expected to issue bonds for design and construction,and for acquisition of
property for West Des Moines Outfall Extension,Phase 18,Segment 5 Project until 2010 or
thereafter.The Parties further agree that West Des Moines shall be solely responsible for funding
the design and construction of the Project Improvements,and the acquisition of property for the
Project,all as hereinabove provided,and until such time as the WRA issues its bonds to purchase
the Project,as provided in the WRA Agreement and in Exhibit 31 thereto.The fmancing costs
incurred by West Des Moines and Waukee shall not be included in the Certificate of Final Project
Cost or form part of the purchase price paid by the WRA for the Project Improvements.
(b)The parties acknowledge that Exhibit 31 to the WRA Agreement contains a
transposition error.Page 6 of Exhibit 31 incorrectly states that the West Des Moines Outfall
Extension -Phase 3 is to be funded with March I,2009 new money bonds with an estimated project
date of July I,2009 and an estimated present value cost of $4,000,000 and the future value cost of
$4,723,502.Page 7 of Exhibit 31 incorrectly states that the West Des Moines Outfall-Phase 3 is to
be funded with March I,2010 new money funds with an estimated project date of July 1,2010 and
an estimated present value cost of $2,500,000 and an estimated future value cost of $3,041,419.The
parties hereby agree the correct reference on Page 6 should be the West Des Moines Outfall-Phase
3 to be funded with March I,2009 new money bonds with an estimated project date of July I,2009
and an estimated present value cost of $4,000,000 and the future value cost of $4,723,502.The
parties hereby agree the correct reference on Page 7 of Exhibit 31 should be West Des Moines
Outfall Extension -Phase 3,now known as West Des Moines Outfall Extension,Phase 18,Segment
5,to be funded with March 1,2010 new money funds with an estimated project date of July 1,2010
and an estimated present value cost of $2,500,000 and estimated future value cost of$3,041,419.
29.(a)West Des Moines represents that it will fund the design and construction of the Project
Improvements,and the acquisition of property for the Project,on an interim basis as hereinabove
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provided,by advancing cash from cash reserves,or through the sale of bonds,notes or other
financing options,where principal and interest payments thereon are payable by West Des Moines
and/or Waukee as indicated in Part VIII hereof.
(b)The Parties agree that the purchase price of the Project Improvements shall be the amount
set forth in the Certificate of Final Project Cost approved by the Board,and that such amount will be
funded by the WRA solely through the issuance of bonds as described in the WRA Agreement.
West Des Moines acknowledges that the timing of the issuance of bonds for the Project,or any
phase thereof,shall be in the Board's sole discretion,but ifthe Board or an arbitrator,acting pursuant
to paragraph 26 of Part V hereof,has approved West Des Moines'Certificate of Final Project Cost
prior to March 1,2010,funding for the Project shall be included in the bond issue contemplated for
issuance on March 1,2010 regardless whether said bond issue occurs before or after said date.
30.Upon its issuance of bonds for the Project as above provided,and as provided in the WRA
Agreement and Exhibit 31 thereto,and upon the availability of WRA bond proceeds,the WRA
agrees that it will purchase the Project for the amount shown in West Des Moines'Certification of
Final Project Cost which has been approved by the WRA Board.
31.When bond funds are available for the Project Improvements,the Board shall so notify
West Des Moines and request that West Des Moines initiate the process under Section 364.7 of the
Iowa Code for conveyance of the Project Improvements and Project Properties to the WRA.Such
conveyance shall be by Quit Claim Deed in the form appended hereto as Exhibit B,and shall be
accomplished pursuant to governing body proceedings (resolutions and public notice of intent to
convey)in the form appended hereto as Exhibit C.Prior to commencing the conveyance process
under Section 364.7 of the Iowa Code,West Des Moines shall prepare and submit to the WRA the
proposed form of Quit Claim Deed,including the description of the Project Improvements and
Project Properties to be conveyed,together with the proposed governing body proceedings
(governing body resolutions and public notice of intent to convey),by which West Des Moines will
authorize such conveyance.Upon review and approval of the proposed form of Quit Claim Deed
and governing body proceedings by the WRA Operating Contractor's legal counsel,the WRA
Director shall direct West Des Moines to initiate said conveyance proceedings.
32.Upon completion of the Section 364.7 conveyance process and execution of the Quit Claim
Deed by West Des Moines,West Des Moines shall so inform the WRA Director and shall arrange a
time and place for closing.At the closing,West Des Moines shall deliver the executed Quit Claim
Deed for the Project Improvements and Project Properties,together with the executed governing
body proceedings and proof of publication of notice of intent to convey,to the WRA Operating
Contractor's legal counsel for examination and approval.Upon approval thereof by the WRA
Operating Contractor's legal counsel,the WRA Director shall deliver to West Des Moines the
WRA's warrant in the amount of the purchase price thereof,being the fmal cost amount shown in
the Certification of Final Project Cost approved by the Board,or in such increased Final Cost
Amount subsequently approved by the Board at the request of West Des Moines,as provided in
Part V,paragraphs 24 or 26.
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Part VII -General Provisions
33.Definitions.For purposes of this Agreement,the following terms shall have the following
meanmgs:
(a)"Contract documents"as used herein shall have the same meaning as is provided in
Division I,Section 1010,paragraph 1.02,subparagraph 18.of the Urban Standard
Specifications,wherein that term is defined as follows:
18.CONTRACT DOCUMENTS.The contract documents consist of the
following:The notice to bidders and notice of public hearing;the instructions to
bidders;general provisions and covenants;special provisions;standard
specifications;supplemental specifications;plans;addenda;proposal;contract;
performance,payment,and maintenance bond;insurance certificate(s);notice to
proceed;and change orders.These documents form the agreement whereby the
Contractor will furnish all labor,equipment,tools and materials,and perform all
work necessary to satisfactorily accomplish the proposed improvement.The
contract documents are complimentary and what is called for by one shall be as
binding as if called for by all.
(b)"Design documents"means and includes the plans and specifications and those
portions of the WRA's standard specifications or supplemental specifications pertaining to a
particular type ofWRA Improvement.
(c)"WRA Improvement"means any new building or facility,comprising a "public
improvement"as that term is defined under the Iowa competitive bidding law,the
estimated cost of which improvement is in excess of the amount which requires the
solicitation of competitive bids.
34.Notices and Invoices.All notices which the Parties are authorized or required to give one
another pursuant to this Agreement,and all invoices,shall be in writing and may be personally
delivered or sent by ordinary mail to the addresses hereafter provided.Mailed notices or invoices
shall be deemed to be received by the Party to whom directed when they are postmarked.Such
notices and invoices shall be delivered or mailed to the following persons at the addresses listed:
Notices to WRA:
Chair,WRA Metropolitan Board
c/o Des Moines Wastewater Reclamation Facility
3000 Vandalia Road
Des Moines,Iowa 50317
Notices to Expediting Communities:
Jeff Pomeranz,City Manager
City of West Des Moines
4200 Mills Civic Parkway
West Des Moines,IA 50265
Jeffrey Kooistra,City Administrator
Waukee City Hall
230 Highway 6 (Hickman Road)
Waukee,IA 50263
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35.Audit.The WRA may by notice in writing request access to West Des Moines'
records for purposes of conducting an independent audit of its costs and expenses to be paid by the
WRA as part ofthe purchase price for the Project Improvements pursuant to this Agreement.Such
notice shall identify the records sought for audit.West Des Moines shall provide access to the
records sought for audit within 30 days after receipt of the audit request.Such audit shall be
conducted by a certified public accounting firm retained by the WRA,and shall be conducted at the
WRA's expense.The audit findings shall be promptly provided to the WRA.
In the event that any Party disputes the findings of the audit,it may notify the other Parties
of its objection thereto and request binding arbitration to resolve the matter as provided in
paragraph 38 hereof.
36.Declaration of Default and Notice.In the event that any Party determines that another Party
has defaulted in the performance of its obligations hereunder,the aggrieved Party may declare that
default has occurred and give notice thereof to the defaulting Party.Notice of default shall be
given in writing,shall specify the nature of the default and the provision of the Agreement
involved,and shall specify what action is required of the defaulting Party to correct the default.
The defaulting Party shall have 30 days from the date of its receipt of the notice of default to
correct the default.If at the end of said 30-day period the default has not,in the opinion of the
aggrieved Party,been corrected,that Party may thereupon commence appropriate legal proceedings
as provided as provided in paragraph 43 hereof.
37.Termination.This agreement shall not be terminable except that it shall terminate as
provided in paragraph 2 ofthis Agreement.
38.Dispute Resolution -Arbitration.
(a)The Parties agree that any disputes arising between or among them with regard to the
amount of administration costs billed to West Des Moines by the Operating Contractor as provided
in Part V,paragraph 22,or with regard to the determination whether the Project Improvements
have been completed or with regard to the list of work items remaining to be completed as
provided in Part V,paragraph 24,or with regard to the determination or approval of the Final
Project Cost amount as provided in Part VI,paragraphs 25 and 26,or with regard to the WRA
approval of additional project costs as provided in Part VI,paragraph 30,or with regard to audit
fmdings made pursuant to paragraph 35 of this Part,may be submitted to binding arbitration at the
request of an aggrieved Party.Any request for arbitration must be in the form of a written notice
requesting arbitration..Such notice shall identify each disputed matter to be submitted to
arbitration.In the absence of agreement to the contrary by the Parties to such arbitration,the
question or questions to be arbitrated shall be those specified in the notice requesting arbitration.
(b)There shall be one arbitrator chosen by mutual agreement by the Parties to such arbitration.
If the Parties to such arbitration fail to agree on an arbitrator,application shall be made to the
President of the Polk County Bar Association by the Party requesting arbitration to name such
arbitrator.Should any of the Parties to such arbitration refuse or neglect to supply the arbitrators
with any papers or information demanded in writing by the arbitrators,the arbitrator is empowered
to proceed ex parte.
15
(d)No one shall be qualified to act as an arbitrator if service in such role would create a
conflict of interest.The arbitrator selected shall be qualified by experience and knowledge of the
matter to be submitted to arbitration.
(e)The award of the arbitrator shall be binding.The arbitration award may be for damages,
and may include any legal or equitable remedy otherwise available to the Parties,provided that the
arbitrator may not make a finding of material breach and shall not have authority to declare
termination of this Agreement.The award may be impeached only for fraud or mistake.Such
award shall be a condition precedent to any right of legal action.
(f)The costs of arbitration shall be shared equally by the Parties to such arbitration.
(g)The award of the arbitrators shall be in writing and it shall not be open to objection on
account of the form ofthe proceeding or the award.
39.If any section,provision or part of this Agreement shall be found to be invalid or
unconstitutional,such finding shall not affect the validity of the Agreement as a whole or any
section,provision or part thereof not found to be invalid or unconstitutionaL
40.This Agreement may be executed in six counterparts,each of which so executed shall be
deemed to be an originaL
41.This Agreement represents the entire agreement between the WRA and the Expediting
Communities.Any subsequent change or modification to the terms of this Agreement shall be in
the form of a duly executed addendum to this Agreement.
42.Indemnification and hold Harmless.
West Des Moines agrees to defend,pay on behalf of,indemnify,and hold harmless the WRA,
the Board and other Participating Communities ofthe WRA,including the WRA's Operating
Contractor and Waukee,from and against any and all claims,demands,suits or loss,including
any and all outlay and expense connected therewith and for any damages which may be asserted,
claimed or recovered against or from WRA,the WRA's Operating Contractor or Waukee,by
reason of personal injury,including bodily injury or death and property damages,including loss
of use thereof which arises out of or is connected to or associated with violation of this
Agreement by West Des Moines,including any fine or penalty imposed on the WRA,the
WRA's Operating Contractor or Waukee due to a violation oflaw,regulation,permit or standard
attributable to a violation of this Agreement or action or inaction by West Des Moines.
Waukee agrees to defend,pay on behalf of,indemnify,and hold harmless the WRA,the Board
and other Participating Communities of the WRA,including the WRA's Operating Contractor
and West Des Moines,from and against any and all claims,demands,suits or loss,including any
and all outlay and expense connected therewith and for any damages which may be asserted,
claimed or recovered against or from WRA or the WRA's Operating Contractor or West Des
Moines,by reason of personal injury,including bodily injury or death and property damages,
including loss of use thereof which arises out of or is connected to or associated with violation
16
ofthis Agreement by Waukee,including any fine or penalty imposed on the WRA,the WRA's
Operating Contractor or West Des Moines due to a violation oflaw,regulation,permit or
standard attributable to a violation of this Agreement or action or inaction by Waukee.
Upon connection of the Project Improvements to the WRA System,Waukee and West Des
Moines agree to defend,pay on behalf of,indenrnify,and hold harmless the WRA,the Board and
other Participating Communities of the WRA,including the WRA's Operating Contractor,from
and against any and all claims,demands,suits or loss,including any and all outlay and expense
connected therewith and for any damages which may be asserted,claimed or recovered against
or from WRA or the WRA's Operating Contractor,by reason of personal injury,including
bodily injury or death and property damages,including loss of use thereof which arises out of or
is connected to or associated with any surcharge that occurs within the area served by the West
Des Moines sewer conveyance system from S.16th Street to S.4th St.,regardless of whether a
violation of this Agreement occurs,including any fine or penalty imposed on the WRA or the
WRA's Operating Contractor due to a violation oflaw,regulation,permit or standard associated
with any such surcharge.
It is the intention of the parties that the WRA,the Board and other Participating Communities of
the WRA and the WRA's Operating Contractor shall not be liable or in any way responsible for
injury,damage,liability,loss or expense incurred by the WRA or its Operating Contractor due to
injuries either in person or property resulting from any violation of this Agreement by either of
the Expediting Communities or which arises out of or is connected to or associated with any
surcharge that occurs within the area served by the West Des Moines sewer conveyance system
from S.16th St.to S.4th St.or for fines and penalties resulting from any violation of this
Agreement by either of the Expediting Communities or from any such surcharge.
43.Specific Performance.
In addition to any other remedies available under applicable law,each party shall have the right
to equitable remedy or specific performance to enforce compliance with any provision of this
Agreement.
Part VIII -Specific Provisions to Waukee and West Des Moines
44.Nothing in this Part shall alter or change West Des Moines'responsibility for payment of
all costs ofthe Project Improvements,including design and construction and the acquisition of
property for the Project Improvements,all as hereinabove provided,until such time as the WRA
issues its bonds to purchase the Project,as provided in the WRA Agreement and in Exhibit 31
thereto.
45.West Des Moines and Waukee agree that West Des Moines will issue Subordinated
Sewer Revenue Project Notes in an amount approximate to the expected cost of the Project
Improvement.West Des Moines will issue such Notes at a time West Des Moines determines,
but not before a construction contract is entered into for the Proj ect Improvements.The Notes,
17
which will reflect the entire principal amount being due at maturity,shall have a maturity date of
June 1,2013 and be callable on any June I st or December 1st beginning in calendar year 2011.
When the notes are sold and the proceeds have been received,W est Des Moines shall provide
Waukee a copy of the debt service/amortization schedule indicating the amount of the semi-
annual interest payments.
46.Waukee shall,not less than 7 days prior to the date that each interest payment is due,
remit to West Des Moines,the amount reflected on the debt service/amortization schedule plus,
annually,twenty percent (20%)of the cost of issuing the Project Notes.Waukee shall continue
to pay West Des Moines such payments until the Notes mature or are called pursuant to
Paragraph 48 herein including payment of one hundred percent (100%)of the cost of issuing the
Project Notes.
47.If sanitary sewer flow from West Des Moines is conveyed by or through the West Des
Moines Outfall Extension,Phase 18,Segment 5 sewer between the time the WRA,pursuant to
Part V herein,allows connection to the Project Improvements and the time the Notes are paid,
West Des Moines shall be responsible for a pro-rata share of all annual interest charges on the
same ratio as that portion of the West Des Moines Outfall Extension,Phase 18,Segment 5 sewer
through which sanitary sewer from Wes Moines may flow.As an example,if West Des Moines
were to connect at the midpoint ofthe West Des Moines Outfall Extension,Phase 18,Segment 5
sewer,West Des Moines shall be responsible for paying fifty percent of the pro-rata share of
future semi-annual interest charges.If West Des Moines were to connect at the quarter point of
the West Des Moines Outfall Extension,Phase 18,Segment 5 sewer,West Des Moines shall be
responsible for paying twenty five percent ofthe pro-rata share of future semi-annual interest
charges.
48.When WRA purchases the Project Improvements,pursuant to Part VI herein,the Notes
issued by West Des Moines shall be called by West Des Moines at the next appropriate date.
West Des Moines shall use the proceeds of the purchase of the Project Improvements to retire the
principal on the Notes.
49.If West Des Moines incurs,pursuant to Part V of this agreement,Project Improvement
costs in excess of the Final Project costs approved by the WRA,and said excess costs have been
previously approved by the Waukee Public Works Director prior to being incurred,those costs
shall be shared by Waukee at twenty percent (20%)and West Des Moines at eighty percent
(80%)with Waukee remitting the amount due,ifany,at the time the WRA remits the purchase
price to West Des Moines for the Project Improvement which shall be the amount set forth in the
Certificate of Final Project Costs approved by the Board.If said excess costs have not been
approved by the Waukee Public Works Director prior to being incurred by West Des Moines,
said excess costs shall be the sole responsibility of West Des Moines.
50.West Des Moines agrees,that as part of its development regulation and approval,to the
extent that a nexus can be demonstrated,shall cause to be required the dedication and/or grant to it
east-west sanitary sewer easements and/or right-of-way sufficient in size to allow for the
installation,by Waukee,of sanitary sewer infrastructure running from the City Limits of Waukee to
the Project Improvements within the City of West Des Moines.West Des Moines agrees to allow
18
Waukee to use any easements and/or rights-of-way it may possess,now or in the future,for the
installation of sanitary sewer infrastructure necessary to convey sanitary waste,from Waukee,to
the Project Improvements at no charge to the extent that said easements/right of way are adequate
to allow West Des Moines to construct/install all anticipated underground utilities in accordance
with accepted horizontal/vertical separation distances.If adequate easement/right of way widths
is not available,West Des Moines shall not object to the Waukee's acquisition of such easements
by either direct negotiation or through the use of eminent domain from private property owners.
51.West Des Moines and the WRA have previously entered into an expedited agreement
titled The Des Moines Metropolitan Wastewater Reclamation Authority (WRA),and the City of
West Des Moines 28E agreement for the Provision of Property Acquisition,Design and
Construction Administration Services,and for Financing of the West Des Moines Outfall
Extension,an Expedited Project to Construct a WRA Expansion Improvement dated August 16,
2005.In that agreement the City of West Des Moines received approval to acquire property,
design,and construct,on an expedited basis,sanitary sewer infrastructure to a point at which the
WRA sanitary sewer improvements that are the subject of this agreement would connect.West Des
Moines agrees to undertake to complete the improvements,at its sole expense and without any
obligation by the City of Waukee,so that all improvements necessary to allow the West Des
Moines Outfall Extension,Phase 18,Segment 5 Project to be connected to WRA facilities and
become fully operational on or before December,31,2008,as contemplated by this agreement,are
in place.
52.It is the intent of Waukee and West Des Moines that the Project Improvements will be
completed on or before July 1,2008 however the acquisition of right-of-way necessary for the
Project Improvements or construction related issues may result in completion on or before
December 31,2008.
Part IX -Flow Provisions
53.The City of West Des Moines/WRA conveyance system within West Des Moines
currently has a limited capacity to handle flows from the City of Waukee during high flow
events.The WRA has identified several projects that will alleviate these capacity constraints
and has included these projects in various anticipated future bond issues.Until such time that all
of the necessary conveyance system capacity improvements are constructed,as referenced
herein,the City of Waukee agrees to control its wastewater discharge to the City of West Des
Moines/WRA conveyance system as detailed in the subparagraphs below.
a)Until such time that the Commerce pump station is upgraded,replaced,or
eliminated by construction of a gravity sewer,the City of Waukee will be allowed to
discharge up to 0.7 MGD flow rate to the City of West Des MoineslWRA conveyance
system.The Commerce pump station improvement project is anticipated to be included
in the WRA 2007 bond issue and it is anticipated that construction would occur in the
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2008/2009 construction seasons.
b)Upon completion of the Commerce pump station improvement project and until
such time that the remaining segments of the 24-inch diameter sewers that are part of the
West Des Moines/WRA conveyance system have been upgraded,the City of Waukee
may discharge up to 1.5 MGD flow rate to the City of West Des Moines/WRA
conveyance system.Capacity improvements for the remaining segments of the 24-inch
diameter sewers that are part of the West Des Moines/WRA conveyance system are
anticipated to be included in the 2009 bond issue with construction anticipated to occur
in the 20 I0120 I1 construction seasons.
c)Upon completion of the capacity upgrade ofthe 24-inch diameter sewers and until
such time that the remaining segments of the West Des Moines Outfall that are part of the
West Des Moines/WRA conveyance system have been upgraded,the City of Waukee
may discharge up to 2.0 MGD flow rate to the City of West Des MoineslWRA
conveyance system.Capacity improvements for the remaining segments of the West Des
Moines Outfall that are part of the West Des Moines/WRA conveyance system are
anticipated to be included in the 20 I5 bond issue with construction anticipated to occur
in the 20 I5120 I6 construction seasons.
The foregoing subparagraphs notwithstanding,it will be necessary for the City of Waukee to
utilize the flow equalization/storage facility to control the rate of discharge to the West Des
Moines/WRA conveyance system.If West Des Moines or WRA become aware of a possible or
anticipated surcharge,West Des Moines or WRA shall notify Waukee.Waukee shall within 60
minutes of such notification,operate its wastewater collection system,including the flow
equalization/storage facility,in such a manner,so that the discharge to the City of West Des
Moines/WRA conveyance system does not exceed 0.3 MGD flow rate in an anticipated or
possible surcharge event.Waukee shall continue to operate its wastewater collection system,
including the flow equalization/storage facility,in such a manner,so that the discharge to the
City of West Des MoineslWRA conveyance system does not exceed 0.3 MGD flow rate,until
notified by the WRA or West Des Moines or his or her designee that the downstream
conveyance system is no longer in any danger or under any possibility of surcharging.Waukee
shall be notified by phone at 515-249-1212,which shall be answered by Waukee personnel 24
hours a day,seven days a week.
During periods immediately following use by Waukee of its flow equalization/storage facility,
and at such other times that the parties may agree,the discharge rate to the City of West Des
Moines/WRA conveyance system may exceed the limits established in subparagraphs a-c above,
if so authorized by the City of West Des Moines Public Works and the WRA and shall be done
in a manner so as to restore as much capacity in the flow equalization/storage facility as quickly
as possible without surcharging the West Des Moines/WRA conveyance system,as directed by
the WRA and West Des Moines.
If the improvements specified in subparagraphs a-c of this subdivision are completed before the
end of the ten year term of this Agreement,the provisions of this paragraph 52 shall terminate
and all other provisions of the Agreement shall remain the same.However,if the improvements
20
are not completed within the ten year term of the Agreement,this Agreement and this paragraph
shall not terminate in accordance with Part I,Paragraph 2 of this Agreement until said
improvements specified in subparagraphs a-c of this provision are completed.
DES MOINES METROPOLITAN WASTEWATER
RECLAMATION AUTHORITY (WRA)
By _
Jody E.Smith,Chair,WRA Board
Attest:
Gary Lorenz,Secretary,WRA Board
STATEOFIOWA )
)ss:
COUNTY OF POLK )
On this __day of ,2006,before me,the undersigned,a Notary
Public in and for the State of Iowa,personally appeared Jody E.Smith and Gary Lorenz,to me
personally known,and,who,being by me duly sworn,did say that they are Chairperson and
Secretary,respectively of the WRA Board;that the instrument was signed and sealed on behalf of
the WRA by authority of its Board,as contained in the Resolution No.06-__,adopted by the
WRA Board on the _day of ,2006,and that Jody E.Smith and Gary Lorenz
acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary
act and deed of the corporation by it voluntarily executed.
Notary Public in and for the State ofIowa
21
CITY OF WEST DES MOINES,IOWA
By _
Eugene T.Meyer,Mayor
Attest:
Jody E.Smith,City Clerk
STATE OF IOWA )
)ss:
COUNTY OF DALLAS )
On this day of ,2006,before me,the undersigned,a
Notary Public in and for the State ofIowa,personally appeared Eugene T.Meyer and Jody E.Smith,
to me personally known,and,who,being by me duly sworn,did say that they are Mayor and City
Clerk,respectively of the CITY OF WEST DES MOINES,row A;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 ,2006,and that Eugene T.Meyer and Jody E.Smith
acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary
act and deed of the corporation by it voluntarily executed.
Notary Public in and for the State ofIowa
22
CITY OF WAUKEE,IOWA
By _
William F.Peard,Mayor
Attest:
Jeffrey L.Kooistra,City Administrator/Clerk
STATE OF IOWA )
)ss:
COUNTY OF DALLAS )
On this day of ,2006,before me,the undersigned,a
Notary Public in and for the State of Iowa,personally appeared William F.Peard and Jeffrey L.
Kooistra,to me personally known,and,who,being by me duly sworn,did say that they are Mayor
and City Administrator/Clerk,respectively of the CITY OF WAUKEE,row A;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 ,2006,and that William F.Peard and Jeffrey
L.Kooistra acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation by it voluntarily executed.
Notary Public in and for the State ofIowa
I
23
EXHIBIT A
PROJECT DESCRIPTION AND LOCATION MAP
WEST DES MOINES OUTFALL EXTENSION,PHASE 18,SEGMENT 5 PROJECT
West Des Moines Outfall Extension,Phase 18,Segment 5 Project
The West Des Moines Outfall Extension (Phase 18 Segment 5),an approximately 42-inch
diameter sewer extending along Sugar Creek from Mills Civic Parkway to the north side of
Interstate 80 to a point within the City Limits of the City of Waukee,a distance of approximately
6500 feet.
24
25
EXHIBITB
FORM OF QUIT CLAIM DEED FOR CONVEYANCE OF
PROJECT IMPROVEMENTS AND PROJECT PROPERTIES TO THE WRA
Fee:
Return to:Kathleen Vanderpool
WRA
City Hall
400 Robert D.Ray Drive
Des Moines,IA 50309
Type of Document:Quit Claim Deed from City of West Des Moines and City of Waukee to
WRA
Prepared by:Kathleen Vanderpool 400 Robert D.Ray Drive Des Moines 50309
Individual's Name Street Address City Zip
283-4130
Phone
Address Tax
Statement:_WRA!!..!:!&.i'.3!!'oo!!lo!...-V.!..!!!an!!.!d!!a!!!li!!!a..!R~o!!!a!.!!d~_..!D~e~s.fM!!!!!oi!!!nEies!....-2.50!!,3:!l1L!7__i'.3"'23o!:-:28!!'00!!!!0
Individnal's Name Street Address City Zip Phone
CAROLHOL
Dallas County Courthouse
801 Court Street,Room 203
P.O.Box 38
Adel,IA 50003
515-993-5804
www.co.dallasja.us
Dallas County Recorder
26
Prepared by and return to:Kathleen Vanderpool,Deputy City Attorney,Legal Dept.,City of Des Moines,400 Robert D.Ray Drive,Des Moines,IA 50309
(515)283-4130 _____•__._.•..
Project Name:Conveyance of Wastewater Treatment and Conveyance Facilities to WRA Activity ill:
QUIT CLAIM DEED
(CORPORATE GRANTOR)
For the consideration of One Dollar ($1.00)and other valuable consideration in hand paid by the
Des Moines Metropolitan Wastewater Reclamation Authority (WRA),receipt of which is hereby
acknowledged,the City of West Des Moines,a city organized and existing under the laws of the State of
Iowa,and Grantor herein,does hereby Quitclaim to the WRA all its right,title,and interest in and to
(a)the Project Improvements for the West Des Moines Outfall Extension,Phase 18,Segment 5
Project,described as follows:
West Des Moines Outfall Extension,Phase 18,Segment 5 Project
The West Des Moines Outfall Extension (Phase 18 Segment 5),an approximately
42-inch diameter sewer extending along Sugar Creek from Mills Civic Parkway
to Interstate 80,a distance of approximately 6500 feet.
(b)the Project Properties acquired for the West Des Moines Outfall Extension,Phase 18,
Segment 5 Project,described in Exhibit A hereto,and
(c)crossing licenses and permits for said Project Improvements on railroad rights-of-way
listed and identified in Exhibit A hereto.
GRANTOR'S RESERVATION OF RIGHTS
1.Erection of Structures and Placement Equipment or Plantings on Project Properties in
Public Rights-of-Way;Duty to Restore.
(a)Grantor reserves the right to construct or authorize the construction of streets or alleys
over,adjacent to or across the Project Improvements or Project Properties,and to dedicate or
accept dedication of same as public streets or alleys,and further reserves the right to construct or
27
authorize the construction of structures,or to place or authorize the placement of equipment or
plantings,within such street or alley rights-of-way,including but not limited to
bridges;sanitary and storm sewers and appurtenances;water mains and appurtenances;
traffic signals and appurtenant cables and boxes;streetlights;streetscape improvements
including street furniture,planter boxes,fountains,public art,streets and sidewalks
including special street or sidewalk surfaces;irrigations systems;and plantings including
street trees,shrubs,flowers and sod;
all as it shall deem necessary or appropriate.Such structures,equipment and plantings shall be
so placed as not to physically interfere with or prevent the day-to-day operation and maintenance
of the Project Improvements located within the Project Properties;provided,however,that if the
construction of such structures by Grantor would require the relocation of a portion of the
Project Improvements,and provided that such relocation is determined to be technically and
financially feasible by Grantor and Grantee,Grantee shall agree to undertake such relocation,or
shall agree to allow Grantor to undertake such relocation.Grantor shall pay the cost of acquiring
right-of-way for,and of designing and constructing,any such relocation made at its request.
(b)In the event Grantee is required to access the Project Improvements in public rights-of-way
for purposes of repairing,reconstructing or replacing said Project Improvements,Grantee shall
be responsible for restoring,at its sole cost and expense,or for paying Grantor's cost to restore,
the public right-of-way,including street,alley and sidewalk surfaces,and all structures,
equipment and plantings placed therein,which are disturbed,damaged or destroyed by such
activities.
(c)In the event Grantor is required to access its public rights-of-way for purposes ofrepairing,
reconstructing or replacing its structures or equipment identified above,Grantor shall be
responsible for restoring or repairing,at its sole cost and expense,or for paying Grantee's cost to
restore,Grantee's Project Improvements which are disturbed,damaged or destroyed by such
activities.
2.Reservation of Right to Regulate Use and Occupancy of Right-of-Way.The Grantor does
hereby reserve to itself the right to regulate the use and occupancy of street rights-of-way
constructed upon,adjacent to or across the Project Properties.
Said Project Improvements and Project Properties are being conveyed to the WRA pursuant to
the provisions of the Chapter 28E Agreement by and between the Des Moines Metropolitan Wastewater
Reclamation Authority (WRA)and the City of West Des Moines and the City of Waukee for the Provision
of Property Acquisition,Design and Construction Administration Services,and for Financing of an
Expedited Project to Construct WRA Improvements,entered into by and between said parties on and as of
__________,2006,which Agreement is found of record in the Polk County Recorder's
Office at Book ,Pages and in the Dallas County Recorder's Office at Book
___,Pages _
28
Said Project Improvements and Project Properties and properties are being acquired for public
purposes and a Declaration of Value is not required.Iowa Code Section 428A.1.This deed and transfer
is exempt from transfer tax as the grantor is a political subdivision of the State ofIowa.Iowa Code
Section 428A.2(6).
Words and phrases herein,including acknowledgment hereof,shall be construed as in the
singular or plural number,according to the context.
29
Signed this day of ,20
CITY OF WEST DES MOINES,IOWA
By _
Eugene T.Meyer,Mayor
Attest:
Jody E.Smith,City Clerk
STATE OF IOWA )
)ss:
COUNTY OF DALLAS )
On this day of ,2006,before me,the undersigned,a Notary Public
in and for the State of Iowa,personally appeared Eugene T.Meyer and Jody E.Smith,to me personally
known,and,who,being by me duly sworn,did say that they are Mayor and City Clerk,respectively of the
CITY OF WEST DES MOINES,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._ofthe City Council on the _day of ,2006,and that
Eugene T.Meyer and Jody E.Smith acknowledged the execution of the instrument to be their voluntary act
and deed and the voluntary act and deed ofthe corporation by it voluntarily executed.
Notary Public in and for the State ofIowa
30
EXHIBITC
FORM OF GOVERNING BODY PROCEEDINGS AND NOTICE OF INTENT TO
CONVEY PROJECT IMPROVEMENTS AND PROJECT PROPERTIES TO WRA
RESOLUTION OF INTENT TO CONVEY
PROJECT IMPROVEMENTS AND PROJECT PROPERTIES FOR THE
WEST DES MOINES OUTFALL EXTENSION,PHASE 18,SEGMENT 5 PROJECT
TO THE DES MOINES METROPOLITAN
WASTEWATER RECLAMATION AUTHORITY
WHEREAS,the West Des Moines Outfall Extension,Phase 18,Segment 5 Project is an Expansion
Improvement Project to be undertaken by the WRA on behalf of the City of West Des Moines and
the City of Waukee,the construction of which is scheduled to commence in 2010 as shown in
Exhibit __to the WRA Agreement;and
WHEREAS,pursuant to a Chapter 28E Agreement entered into by and between the Des Moines
Metropolitan Wastewater Reclamation Authority (WRA),the City of West Des Moines (West
Des Moines)and the City of Waukee (Waukee)on September ,2006,the WRA,and the
City of West Des Moines and the City of Waukee agreed that (a)that West Des Moines would
immediately design,acquire property for,and construct an expedited WRA Expansion
Improvement known as the West Des Moines Outfall Extension,Phase 18,Segment 5 Project,
which project was scheduled to commence in 2010,and (b)that West Des Moines would fund
such project on an interim basis until the WRA issues bonds pursuant to the original schedule
and that when the WRA had issued its bonds for said Project,West Des Moines would convey
the Project Improvements and Project Properties to the WRA and the WRA would pay West Des
Moines for the cost of said improvement;and
WHEREAS,the West Des Moines Outfall Extension,Phase 18,Segment 5 Project was completed
by West Des Moines'Contractor in ,2006 and accepted by the City
of West Des Moines in ,2006;and
WHEREAS,the WRA issued its bonds for said Project on "20_,and now
has bond proceeds available to acquire said Project;and
WHEREAS,in order to convey the West Des Moines Outfall Extension,Phase 18,Segment 5
Project,West Des Moines is required to undertake the statutory process for conveyance of the
Project Improvements and of the Project Properties to the WRA.
NOW,THEREFORE,BE IT RESOLVED by the City Council of West Des Moines,Iowa,
that:
31
1.The City Council declares its intent and proposal to convey to the WRA by quit claim
deed all its rights,title and interest in and to
(a)the Project Improvements for the above referenced Project,described as
follows:
West Des Moines Outfall Extension,Phase 18,Segment 5 Project
The West Des Moines Outfall Extension (Phase 18 Segment 5),an
approximately 42-inch diameter sewer extending along Sugar Creek from
Mills Civic Parkway to Interstate 80,a distance of approximately 6500
feet.
(b)the Project Properties acquired for the above referenced Project,described
in Exhibit A hereto,and
(c)crossing licenses and permits for said Project Improvements on railroad
rights-of-way listed and identified in Exhibit A hereto.
2.A public hearing shall be held on ,20 at _:00 _.m.in the
At that time the City Council will consider the above described proposal.
3.The City Clerk is authorized and directed to publish notice of the proposal and hearing in
the form hereto attached not less than four or more than twenty days prior to the date of
hearing.
Moved by to adopt
32
NOTICE OF PROPOSAL TO CONVEY PROPERTY
NOTICE IS HEREBY GIVEN that the City Council of the City of West Des Moines,Iowa,
has adopted a resolution of intent to convey its interest in certain existing wastewater
conveyance facilities (interceptor sewers)hereafter identified,to the Des Moines Metropolitan
Wastewater Reclamation Authority,pursuant to the provisions of the Chapter 28E Agreement by
and between the Des Moines Metropolitan Wastewater Reclamation Authority (WRA),the City of
West Des Moines and the City of Waukee for the Provision of Property Acquisition,Design and
Construction Administration Services,and for Financing of the West Des Moines Outfall
Extension,Phase 18,Segment 5 Project,an Expedited Project to Construct a WRA Improvement,
entered into by and between said parties on and as of ,2006.
FACILITIES TO BE CONVEYED:
1.West Des Moines Outfall Extension,Phase 18,Segment 5 Project.
As provided in said resolution,it is the City's intent to convey to the WRA by Quit Claim Deed:
(a)its interest in the Project Improvements for the above referenced Project,
described as follows:
West Des Moines Outfall Extension,Phase 18,Segment 5 Project
The West Des Moines Outfall Extension (Phase 18 Segment 5),an approximately
42-inch diameter sewer extending along Sugar Creek from Mills Civic Parkway
to Interstate 80,a distance of approximately 6500 feet.
(b)its interest in the Proj ect Properties acquired for the above referenced Proj ect,
described in Exhibit A hereto,and
(c)its interest in crossing licenses and permits for said Project Improvements on
railroad rights-of-way listed and identified in Exhibit A hereto.
NOTICE IS FURTHER GIVEN that the City Council will consider the approval of the
proposed conveyance of the above listed properties and facilities to the WRA after a public
hearing to be held at :00 .m.,in
the on
20 Persons interested in the proposal will be given the opportunity to
express their views at that hearing.Descriptions of and more particular information concerning
the Project Improvements and properties being conveyed are available at the offices of the Des
Moines Metropolitan Wastewater Reclamation Facility,3000 Vandalia Road,Des Moines,Iowa.
PUBLISHED IN THE ON _
33
RESOLUTION AUTHORIZING CONVEYANCE OF PROJECT
IMPROVEMENTS AND PROJECT PROPERTIES FOR THE
WEST DES MOINES OUTFALL EXTENSION,PHASE 18,SEGMENT 5 PROJECT
TO THE DES MOINES METROPOLITAN WASTEWATER
RECLAMATION AUTHORITY
WHEREAS,the West Des Moines Outfall Extension,Phase 18,Segment 5 Project is an Expansion
Improvement Project to be undertaken by the WRA on behalf of the City of West Des Moines and
the City of Waukee,construction of which is scheduled to commence in 2010,as shown in Exhibit
__to the WRA Agreement;and
WHEREAS,pursuant to a Chapter 28E Agreement entered into by and between the Des Moines
Metropolitan Wastewater Reclamation Authority (WRA),the City of West Des Moines (West
Des Moines)and the City of Waukee (Waukee)on September __,2006,the WRA,and the
City of West Des Moines and the City of Waukee agreed that (a)that West Des Moines would
immediately design,acquire property for,and construct an expedited WRA Expansion
Improvement known as the West Des Moines Outfall Extension,Phase 18,Segment 5 Project,
which project was scheduled to commence in 2010,and (b)that West Des Moines would fund
such project on an interim basis until the WRA issues bonds pursuant to the original schedule
and that when the WRA had issued its bonds for said Project,West Des Moines would convey
the Project Improvements and Project Properties to the WRA and the WRA would pay West Des
Moines for the cost of said improvement;and
WHEREAS,the West Des Moines Outfall Extension,Phase 18,Segment 5 Project was completed
by West Des Moines'contractor in ,20 __and was accepted by the WRA
Board and the City of West Des Moines in ;and
WHEREAS,the WRA issued its bonds for said Project on ,20_,and now
has bond proceeds available to acquire said Project;and
WHEREAS,in order to convey the West Des Moines Outfall Extension,Phase 18,Segment 5
Project,West Des Moines is now required to undertake the statutory process for conveyance of
the Project Improvements and ofthe Project Properties to the WRA.
34
WHEREAS,on ,(2006)(20-->,by Resolution No.,it was duly
resolved by this West Des Moines City Council that the proposed conveyance to the WRA by
quit claim deed of all of the West Des Moines'right,title and interest in and to
(a)the Project Improvements for the above referenced Project,described as
follows:
The West Des Moines Outfall Extension,Phase 18,Segment 5 Project,
The West Des Moines Outfall Extension (Phase 18 Segment 5),an
approximately 42-inch diameter sewer extending along Sugar Creek from
Mills Civic Parkway to Interstate 80,a distance of approximately 6500
feet.
(b)the Project Properties acquired for the above referenced Project,described
in Exhibit A hereto,and
(c)crossing licenses and permits for said Project Improvements on railroad
rights-of-way listed and identified in Exhibit A hereto,
______,20_,at __:00 __.m.,III the
_______________-;and
be set down for hearing on
WHEREAS,due notice of said proposal to convey said facilities and properties was given as
provided by law,setting forth the time and place for hearing on said proposal;and
WHEREAS,in accordance with City Council direction,those interested in this proposed
conveyance,both for and against,have been given an opportunity to be heard with respect
thereto and have presented their views to the City Council.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of West Des Moines,
Iowa:
1.Upon due consideration of the facts and the statements of interested persons,if any,all
objections to the proposed conveyance of said properties are hereby overruled and the hearing is
closed.
2.That the conveyance to the WRA by quit claim deed of all of West Des Moines'right,title
and interest in and to
(a)the Project Improvements for the above referenced Project,described as follows:
The West Des Moines Outfall Extension,Phase 18,Segment 5 Project,
35
The West Des Moines Outfall Extension (Phase 18 Segment 5),an approximately
42-inch diameter sewer extending along Sugar Creek from Mills Civic Parkway
to Interstate 80,a distance of approximately 6500 feet.
(b)the Project Properties acquired for the above referenced Project,described in
Exhibit A hereto,and
(c)crossing licenses and permits for said Project Improvements on railroad rights-of-
way listed and identified in Exhibit A hereto,
be and is hereby approved.
3.The Mayor and the City Clerk are hereby authorized and directed to execute and attest,
respectively,the quit claim deed for the conveyances identified above.
4.The City Clerk is authorized and directed to forward the original of said quit claim deed,
together with a certified copy of this resolution and of the affidavit of publication of the notice of
this hearing to the WRA Director.
Moved by ~to adopt.
36