AGREEMENT BETWEEN THE CITY OF OVERLAND PARK, KANSAS, AND THE CITY OF LENEXA, KANSAS, FOR THE PUBLIC IMPROVEMENT OF QUIVIRA ROAD FROM 99TH STREET TO I-435.

THIS AGREEMENT, made and entered into this ________ day of ______________________, 20__, by and between the CITY OF OVERLAND PARK, KANSAS (hereinafter “OVERLAND PARK”), and the CITY OF LENEXA, KANSAS (hereinafter “LENEXA”), each party having been organized and now existing under the laws of the State of Kansas.

WITNESSETH:

WHEREAS, the parties hereto have determined it is in their best interest to make the public improvement to Quivira Road from 99th Street to I-435 as such improvement is hereinafter described; and

WHEREAS, K.S.A. 12‑2908 authorizes the parties hereto to cooperate in making the public improvement; and

WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement for the aforesaid public improvement, as authorized and provided by K.S.A. 12‑2908 and K.S.A. 68‑169; and

WHEREAS, the governing body of OVERLAND PARK did approve and authorize its mayor to execute this Agreement by official vote of the body on the	day of	, 20___; and

WHEREAS, the governing body of LENEXA did approve and authorize its mayor to execute this Agreement by official vote of the body on the	day of	, 20__.

NOW, THEREFORE, in consideration of the above recitals, the mutual covenants and agreements herein contained, and for other good and valuable considerations, the parties hereto agree as follows:

1.	PURPOSE OF AGREEMENT. The parties hereto enter into this Agreement for the purpose of constructing the public improvement on Quivira Road as heretofore described by performing the following work:

Widen existing Quivira Road from a divided four-lane thoroughfare to a divided six-lane thoroughfare from approximately 160 feet south of the centerline of 106th Street to approximately the centerline of 99th Street;

Retain median breaks on Quivira Road at 99th Street (Signal), 100th Street, 101st Street, 101st Terrace, 103rd Street (Signal), 105th Street, Overland Park Regional Medical Center Entrance, and 106th Street (Signal);

Re-construct left turn bays on Northbound Quivira Road at 99th Street, 100th Street, 101st Street, 101st Terrace, 103rd Street, 105th Street, Overland Park Regional Medical Center Entrance, and 106th Street and on Southbound Quivira Road at 101st Street, 103rd Street, 105th Street, and 106th Street. Re-construct a right turn bay on Northbound Quivira Road at 103rd Street;

Modify traffic signals at 99th Street, 103rd Street, and 106th Street with the addition of vehicle detection monitoring;

Construct a single five feet wide concrete sidewalk on each side of Quivira Road for the entire length of the project. Where required, a six feet wide integral sidewalk retaining wall will be constructed;

Re-construct storm drainage systems along the entire project length to Overland Park standards;

Construct a continuous street lighting system along the entire project length to Overland Park standards;

Re-construct fiber optic facilities along the entire project length to Overland Park standards;

Provide traffic control;

Place permanent pavement marking and signing;

Sod or seed all disturbed areas;

Install median irrigation system; and,

Construct other incidental items associated and integral with the above referenced construction.

(hereinafter “Improvement”).

ESTIMATED COST OF PROJECT.

The estimated cost for construction of the Improvement covered by this Agreement, exclusive of the cost of right-of-way or easement acquisition, is EIGHT MILLION, SEVEN HUNDRED NINETY NINE THOUSAND FIVE HUNDRED DOLLARS ($8,799,500).

The cost of making the Improvement shall include:

(1)	Labor and material used in making the Improvement; and

Such other expenses which are necessary in making the Improvement, exclusive of the cost of acquiring real property and any improvement thereon for the location of the Improvement. These costs include but are not limited to project administration, construction inspection, material testing and utility relocations.

The Cities anticipate receipt of Federal Transportation Funding of FIVE MILLION THREE HUNDRED THOUSAND DOLLARS ($5,300,000) to help pay a portion of the cost of the Improvement.

The remaining cost of making the said Improvement shall be distributed between the Cities as follows:

LENEXA shall pay 25% of the local share of said Improvement (estimated to be $874,875).

OVERLAND PARK shall pay 75% of the local share of said Improvement (estimated to be $2,624,625).

Each City shall acquire and pay all costs associated with the right-of-way or easement acquisition for that portion of the project located within its respective boundary. Additionally, each City shall pay the cost of financing and/or bonding its share of the project cost.

3.	FINANCING. OVERLAND PARK and LENEXA shall each pay their portion of the cost with monies budgeted and appropriated funds.

4.	OVERLAND PARK ADMINISTRATION OF PROJECT. It is acknowledged and understood between the parties that since there are two separate entities included within the proposed Improvement, one of the entities should be designated as being “in charge” of the project to provide for its orderly design and construction. However, both entities shall have the right of review and comment on project decisions at any time throughout duration of this Agreement, and any subsequent agreements hereto. The Improvement shall be constructed and the job administered by OVERLAND PARK acting by and through the Director of Public Works for OVERLAND PARK, who shall be the principal public official designated to administer the Improvement; provided, that the Director of Public Works shall, among his several duties and responsibilities, assume and perform the following:

Make all contracts for the Improvement, including the responsibility to solicit bids by publication in the official newspaper of OVERLAND PARK. In the solicitation of bids, the appropriate combination of best bids shall be determined by the aforesaid governing body administering the project, except that the governing body of LENEXA reserves the right to reject the successful bidder in the event that the bid price exceeds the engineer’s estimate. If all bids exceed the estimated cost of the Improvement, then either OVERLAND PARK or LENEXA shall have the right to reject the bid. In such case, the project shall rebid at a later date.

Submit to LENEXA on or before the 10th day of each month, or as received, estimates of accrued costs of constructing the Improvement for the month immediately preceding the month the statement of costs is received; provided that LENEXA shall within thirty (30) days after receipt of a statement of costs as aforesaid, remit their portion of the accrued costs to OVERLAND PARK as herein agreed.

C.	Upon completion of the Improvement, the Director of Public Works shall submit to LENEXA a final accounting of all costs incurred in making the Improvement for the purpose of apportioning the same among the parties as provided herein.

D.	LENEXA shall be named as additional insured on all applicable certificates of insurance issued by the contractor (the “Contractor”) for this project.

E.	OVERLAND PARK shall require performance and completion bonds for the Improvement from all Contractors and require that all Contractors discharge and satisfy any mechanics or materialman's liens that may be filed.

F.	OVERLAND PARK shall require that any Contractor provide a two-year performance and maintenance bond for the Improvement. As Administrator, OVERLAND PARK will, upon request of LENEXA, make any claim upon the maintenance bond or performance bond and require that the Contractor fully perform all obligations under the performance and maintenance bonds, and this obligation shall survive termination of this Agreement and shall be in force and effect for the full term of the performance and maintenance bond.

G.	OVERLAND PARK shall include in contracts for construction a requirement that the Contractor defend, indemnify and save OVERLAND PARK and LENEXA harmless from and against all liability for damages, costs, and expenses arising out of any claim, suit or action for injuries or damages sustained to persons or property by reason of the acts or omissions of the Contractor and the performance of his or her contract.

DURATION AND TERMINATION OF AGREEMENT. The parties hereto agree that this Agreement shall exist until the completion of the aforesaid Improvement, which shall be deemed completed upon certification to each of the parties hereto by the Director of Public Works advising that the Improvement has been accepted by him as constructed; provided that upon the occurrence of such certification by the Director of Public Works, this Agreement shall be deemed terminated and of no further force or effect.

PLACING AGREEMENT IN FORCE. The attorney for the administering body described in paragraph 4 hereof shall cause this Agreement to be executed in triplicate. Each party hereto shall receive a duly executed copy of this Agreement for their official records.

7.	AMENDMENTS. This Agreement cannot be modified or changed by any verbal statement, promise or agreement, and no modification, change nor amendment shall be binding on the parties unless it shall have been agreed to in writing and signed by both parties.

8.	JURISDICTION. This Agreement shall be construed according to the laws of the State of Kansas and may be enforced in any court of competent jurisdiction.

IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in triplicate by each of the parties hereto on the day and year first above written.

CITY OF OVERLAND PARK, KANSAS

By __________________________________

CARL GERLACH, MAYOR

ATTEST:

______________________________________

MARIAN COOK, CITY CLERK

APPROVED AS TO FORM:

_______________________________________

TAMMY M. OWENS

SENIOR ASSISTANT CITY ATTORNEY

CITY OF LENEXA, KANSAS

By __________________________________

MICHAEL BOEHM, MAYOR

ATTEST:

_____________________________________

ANNA ANCIL, CITY CLERK

APPROVED AS TO FORM:

______________________________________

CINDY HARMISON, CITY ATTORNEY

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Document1	07/01/10

Interlocal Agreement

Joe Archer

2010-07-01

City of Overland Park