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Home My WebLink About1999-11-01-Resolutions 99-139_Snow Removal - 28E Agr - CliveCITY OFWaukeeATHEKEYTOGOODLIVING RESOLUTION NO.99-139 1 WHEREAS,the City Council of the City of Waukee believe it is in the interest of public safety to provide for the removal of snow and ice from public streets;and WHEREAS,the City Council believes it is in the interest of the citizens of Waukee and Clive for said cities to cooperate in the maintenance of public roads when contiguous borders adjoin on public light-of-ways. NOW THEREFORE,BE IT RESOL YED that the City Council of the City of Waukee does hereby approve the agreement attached hereto;and order the execution and filing of said contract. JOmT PUBLIC SERVICE AGREEJVIENT BETWEEN ] THE CITY OF WAUKEE,IOWA AND THE CITY OF CLIVE,IOWA THIS AGREEMENT is made and entered into,by and between the City of Waukee,Iowa,and the City of Clive,Iowa. 1.This 28E Agreement is entered into pursuant to the provisions of Chapter 28E, Code of Iowa (1994)as amended.This Agreement shall consist of four (4) pages and Attachments A,B,C,D,and E,all of which shall be considered a part of this Agreement. 2.The effective date of this Agreement shall be the date of recording with the county recorder,and shall remain in effect unless terminated by one or both of the parties, 3.The purpose of this Agreement shall be listed in Attachment A. 4.Duties of the City of Waukee shall be listed in Attachment B. 5.Duties of the City of Clive shall be listed in Attachment C. 6.Duty areas are shown in Attachment D. 7.Duties for construction and major maintenance shall be listed in Attachment E. 8."Routine Maintenance"shall mean removal of snow and ice from not more than two traffic lanes and the respective shoulders and replacement of pavement markings. 9."Major Maintenance"shall mean seal coating,ditch cleaning,asphalt stabilization,maintenance or repair of tile lines,storm sewers,sanitary sewers or subsurface utilities,major bridges and culvert repair,major pavement patching and major edge rut and should repairs. 10."The party with maintenance responsibility"shall mean the party which, because of this Agreement,is responsible for routine maintenance and authorized major maintenance for roads or the physical location of the road within or without the party's boundaries. 11."Roads"and "Streets"are synonymous terms as used in this Agreement. 12.No major maintenance shall be performed on the other party's roads by the party with maintenance responsibility until a written agreement for such work is executed by the parties in accordance with attachment E. 13.Construction projects involving streets under the jurisdiction of more than one of the parties shall be agreed to by a separate contract in accordance with Attachment E. 14.Party with maintenance responsibility shall perform routine maintenance and authorized major maintenance in conformance with the terms of this Agreement on the streets designated in Attachments B and C. 15.All maintenance performed by the party with maintenance responsibility shall be performed in accordance with the party's normal maintenance practices and procedures for streets within its boundaries,except that the party within the boundary of which the street lies may request performance of routine maintenance functions at specific locations in response to maintenance needs which are brought to the attention of the party by the public. 16.In the event that requests for routine maintenance are not completed within seven working days from the time an oral request is made,the requesting party,after giving at least five (5)working days written notice by registered mail to the party with maintenance responsibility,shall perform the routine maintenance and bill the party with maintenance responsibility. Reimbursement shall be made within thirty (30)days upon receipt of an itemized billing.I 17.Each party shall be responsible for the establishment,erection and maintenance of any and all other devices,signs and markings of a regulatory or informative nature,on or near streets within the party's boundaries,except maintenance of pavement markings.The party with maintenance responsibility shall promptly inform the party within the boundary of which the street lies of any damage to any traffic control device(s). 18.The party with maintenance responsibility shall indemnify and hold harmless the party within the boundaries of which the street lies,and its officers and employees,from any and all claims,demands,actions or causes of liquidation and attomey's fees,which the latter party may incur or which may be imposed for injury to or death of persons,or damage to property (real or personal),or any other manner of injury or damage,proximately caused by the acts and/or omissions,under this Agreement,of the party with maintenance responsibility. 19.Nothing in this Agreement shall be construed as prohibiting the party with responsibility for maintenance from hiring a third party to perform any and all work associated with this Agreement.In such instances,the party with responsibility for maintenance shall obtain a written hold harmless agreement from the said third party for the benefit of both parties to this Agreement covering the work performed by the third party.The hold harmless agreement shall also require the third party to carry adequate insurance to fulfill its obligations to hold harmless the parties and to provide proof of insurance. Nothing in this Paragraph shall relieve the party with maintenance responsibility of any duties or obligations imposed upon it by Paragraph 16. ] 20.Each party retains full responsibility for acquisition of right-of-way,across land which lies within the boundaries of that party. 21.Each party retains responsibility for approval of new driveways or entrances which lie within the boundaries of that party, 22.No separate legal or administrative entity is created by this Agreement.No real or personal property will be purchased in the performance of this Agreement. 23.The City of Waukee Department of Public Works,and the City of Clive Department of Public Works shall administer performance of this Agreement.I 24.Either party may terminate this Agreement by sending written notice of termination specifying the reason(s)for termination at least sixty (60)days prior to the effective date of termination.Notice shall be sent to the governing body of the other party at its principal place of doing business by registered mail. 25.In the event of a breach of this agreement by either party,said breach shall not be considered to affect [my remaining terms or conditions of this Agreement. If any terms or conditions of this Agreement are held to be invalid or illegal, those remaining terms or conditions shall not be construed to be affected. ATTACHMENT A IThepurposeofthisAgreementistospecifywhichpartyshallmaintainwhich streets where the streets are on the boundaries of the parties or extend into the boundary of one of the parties. This Agreement also sets out a framework for reaching consensus in instances where the parties are attempting to formulate a separate Agreement for major maintenance on a street found within the boundaries of one or both of the patties. 1 I ATTACHMENT B Duties of the City of Waukee The City of Waukee will provide snow and ice removal on the following section of paved street at no cost to the City of Clive. •Waukee wiil provide snow and ice removal services for the portion of R -30 (Alice's Road)where R-30 constitutes the boundary between the city limits of Waukee and Clive. Other services may be provided upon written request by either party. ATTACHMENT C Duties of the City of Clive The City of Clive will provide snow and ice removal and pavement markings on the following sections of paved roads at no cost to the City of Waukee: •Clive will provide snow and ice removal services for the portion of NW 142"d Street where NW 142"d Street constitutes the boundary between the city limits of Waukee and Clive. •Clive will provide snow and ice removal services for the portion of Woodcrest Drive from the corporate boundary to Westwood Drive within Waukee's corporate limits. •Clive will replace pavement markings on Waukee's portion of NW 142"d Street and R-30 (Alice's Road).This service will be provided twice yearly in accordance with Clive's normal maintenance practice and procedures for roadways within its city limits. Other services may be provided upon written request by either party.1 See Attachment D for location map. I ATIACHMENT 0-1 I ] I____,,"L,_" o IL-....o.! I••n.II.lt .....··'1 .-..-..-..-..-..~..• ATTACHMENT E Construction projects and major maintenance projects shall be performed under authority of separate,ad hoc Agreements between the parties.In the performance of such projects,the patty with maintenance responsibility of the major part of the project in terms of miles shall be responsible for performing all planning,surveying,engineering, contracting and inspection of the project.The actual costs,including planning, surveying,engineering and contracting shall be proportionally reimbursed by each party, as outlined in the construction agreement between both parties,for those streets where the boundary line is nominally down the center line of the street and one hundred percent by the patty within whose boundary the street lies for all other streets.The construction and major maintenance projects envisioned above pertain to the streets specified in Attachments "BOOand "COO,or any other streets upon which the patties reach an agreement. PASSED AND APPROVED this 1st day o~~ Donald L.Bailey,Jr.,Mayor ark J.Arentser ,City Administrat~"iicler ROLL CALL VOTE AYES Nicholas C.Gruber Marvin Berger Robyn S.Heath Bill Peard Larry Lyon x X X X NAYS ABSENT X I