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HomeMy WebLinkAbout2023-02-06 J01E_02 28E Agr, Various_NE Outfall Sewer\AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: February 6, 2023 AGENDA ITEM:Consideration of approval of a resolution approving 28E Agreement between the Cities of Waukee, Urbandale and Clive, the Urbandale Sanitary Sewer District (USSD) and the Des Moines Metropolitan Wastewater Reclamation Authority (WRA) for the Financing, Design and Construction of the Waukee NE Outfall Sewer and Transfer of Clive/USSD Trunk Sewer to the WRA FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The 28E Agreement outlines the specifics for the design, construction and permanent conveyance of the sanitary sewer and permanent easements from Waukee to the WRA. The agreement has been reviewed by all parties’ legal staff and city staff and all staff have approved the agreement in its final form attached. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the Resolution. ATTACHMENTS: I. Resolution II. 28E Agreement PREPARED BY: Rudy Koester REVIEWED BY: Rudy Koester RK J1E2 1 THE CITY OF WAUKEE, IOWA RESOLUTION 2023- APPROVING 28E AGREEMENT BETWEEN THE CITIES OF WAUKEE, URBANDALE, AND CLIVE, THE URBANDALE SANITARY SEWER DISTRICT, AND THE DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY FOR THE FINANCING, DESIGN, AND CONSTRUCTION OF THE WAUKEE NE OUTFALL SEWER AND TRANSFER OF CLIVE/DISTRICT TRUNK SEWER TO THE WRA IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, a 28E Agreement is entered into by and between the Des Moines Metropolitan Wastewater Reclamation Authority (the “WRA”); the City of Waukee, Iowa, a municipal corporation (“Waukee”); the City of Clive, Iowa (“Clive”); the City of Urbandale, Iowa (“Urbandale”) and the Urbandale Sanitary Sewer District (the “District”); AND, WHEREAS, the Cities of Altoona, Ankeny, Bondurant, Clive, Cumming, Des Moines, Johnston, Norwalk, Pleasant Hill, Polk City, Waukee, Grimes, and West Des Moines, and Polk County, Warren County, the Urbandale Sanitary Sewer District, the Urbandale-Windsor Heights Sanitary District and the Greenfield Plaza/Hills of Coventry Sanitary District are all participating members of the WRA pursuant to the Second Amended and Restated Agreement for the Des Moines Metropolitan Wastewater Reclamation Authority (the WRA Agreement); AND, WHEREAS, the WRA Agreement provides in Article VII, Section 4(e) that if a Participating Community proposes to design or construct any sanitary sewer improvement, extension, force main, equalization basin, or other similar improvement (for purposes of this subsection, collectively "Extension") and proposes that such Extension be included as a part of the WRA System, said Participating Community or Communities must follow the provisions of Article VII, Section 4(e) of the WRA Agreement; AND, WHEREAS, Waukee desires to construct a new interceptor sewer, the route and vicinity of which are generally depicted on the map marked as Exhibit A attached to the 28E Agreement; AND, WHEREAS, Clive and the District own and operate an existing trunk sewer which was completed in 1994 which is more particularly described in the Restated 28E Agreement Regarding Joint Trunk Sanitary Sewer dated January 17, 2012 between the City of Clive, Iowa and the Urbandale Sanitary Sewer District (the “Clive/District 28E” marked as Exhibit B attached to the 28E Agreement) a portion of which will be conveyed to the WRA; AND, WHEREAS, this Agreement is undertaken for the purpose of setting forth the terms by which the WRA will accept and take ownership of the Waukee NE Outfall Sewer and the Clive/District Trunk Sewer. 2 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee approve a 28E Agreement between the Cities of Waukee, Urbandale, and Clive, the Urbandale Sanitary Sewer District, and the Des Moines Metropolitan Wastewater Reclamation Authority is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 6th day of February, 2023. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1 Chapter 28E Agreement between the Cities of Waukee, Urbandale, and Clive, the Urbandale Sanitary Sewer District and the Des Moines Metropolitan Wastewater Reclamation Authority for the Financing, Design and Construction of the Waukee NE Outfall Sewer and Transfer of Clive/District Trunk Sewer to the WRA This Agreement is entered into by and between the Des Moines Metropolitan Wastewater Reclamation Authority (the “WRA”); the City of Waukee, Iowa, a municipal corporation (“Waukee”); the City of Clive, Iowa (“Clive”); the City of Urbandale, Iowa (“Urbandale”) and the Urbandale Sanitary Sewer District (the “District”). WHEREAS, the Cities of Altoona, Ankeny, Bondurant, Clive, Cumming, Des Moines, Johnston, Norwalk, Pleasant Hill, Polk City, Waukee, Grimes, and West Des Moines, and Polk County, Warren County, the Urbandale Sanitary Sewer District, the Urbandale-Windsor Heights Sanitary District and the Greenfield Plaza/Hills of Coventry Sanitary District are all participating members of the WRA pursuant to the Second Amended and Restated Agreement for the Des Moines Metropolitan Wastewater Reclamation Authority (the WRA Agreement); and WHEREAS, the WRA Agreement provides in Article VII, Section 4(e) that if a Participating Community proposes to design or construct any sanitary sewer improvement, extension, force main, equalization basin, or other similar improvement (for purposes of this subsection, collectively "Extension") and proposes that such Extension be included as a part of the WRA System, said Participating Community or Communities must follow the provisions of Article VII, Section 4(e) of the WRA Agreement; and WHEREAS, Waukee desires to construct a new interceptor sewer, the route and vicinity of which are generally depicted on the map marked as Exhibit A attached hereto and described in Section 2.1 herein to be referred to herein as the Waukee NE Outfall Sewer; and WHEREAS, Clive and the District own and operate an existing trunk sewer which was completed in 1994 which is more particularly described in the Restated 28E Agreement Regarding Joint Trunk Sanitary Sewer dated January 17, 2012 between the City of Clive, Iowa and the Urbandale Sanitary Sewer District (the “Clive/District 28E” attached hereto as Exhibit B) a portion of which will be conveyed to the WRA as provided herein to be referred to herein as the Clive/District Trunk Sewer; and WHEREAS, this Agreement is undertaken for the purpose of setting forth the terms by which the WRA will accept and take ownership of the Waukee NE Outfall Sewer and the Clive/District Trunk Sewer. NOW, THEREFORE, the WRA and City of Waukee, City of Clive, City of Urbandale and the Urbandale Sanitary Sewer District (hereafter referred to collectively as “the Parties”) do hereby agree as follows: 2 Part 1 - Joint Exercise of Powers Under Chapter 28E of the Code of Iowa. 1.1 Purpose of Agreement. Pursuant to Chapter 28E of the 2022 Code of Iowa, the Parties do hereby agree that the purpose of this Agreement is to set forth the terms by which the WRA will accept and take ownership of the Waukee NE Outfall Sewer and the Clive/District Trunk Sewer. 1.2 Effective Date. 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. 1.3 Administrators. The Parties hereby agree that the Waukee City Administrator shall be designated as administrator for purposes of this Agreement as provided by Section 28E.6 of the Code of Iowa, that the Waukee City Administrator shall administer this agreement on behalf of Waukee and that the WRA Director shall administer this Agreement on behalf of the WRA. No separate entity is created by this Agreement. 1.4 Duration. This Agreement shall have five originals and shall be effective upon its execution by all Parties and it shall remain in effect through June 30, 2032, or until such time as all Parties have discharged their respective obligations under this Agreement, whichever occurs later. Part 2 – Description of Waukee NE Outfall Sewer and Clive/District Trunk Sewer 2.1 Waukee NE Outfall Sewer. The gravity sewer to be constructed by Waukee is described below as generally depicted in Exhibit A to be known as the Waukee NE Outfall Sewer and is described as follows: Construction of approximately 18,500 linear feet of 30-inch diameter gravity sanitary sewer, manholes, and a diversion structure. The upstream terminus is to be the furthest upstream manhole on the 30” diameter sanitary sewer located west of the wet well of the existing Waukee Sanitary Pump Station No. 7 at 900 N Warrior Lane. The Waukee NE Outfall Sewer will intersect the Clive/District Trunk Sewer at manholes 9 and 28 and between manholes 22 and 24 of which the Waukee NE Outfall Sewer will merge with the Clive/District Trunk Sewer for a distance of approximately 193 ft as shown on the applicable construction drawings attached hereto as Exhibit C. The downstream terminus of the Waukee NE Outfall Sewer is the connection to the WRA Grimes Connector sewer, located near the confluence of Walnut Creek and Little Walnut Creek, approximately 1,940 feet northwest of the intersection of Walnut Creek and NW Douglas Parkway. 2.2 Clive/District Trunk Sewer. The Clive/District Trunk Sewer is a portion of the sewer set forth in the Clive/District 28E attached as Exhibit B between Clive and the District generally described as approximately 10,540 linear feet of previously constructed 18-inch through 30-inch sanitary sewer and manholes. The upstream terminus is the manhole approximately 60 feet west of the center line of Alice’s Road and approximately 170 feet north of the thalweg of Little Walnut Creek. The downstream terminus is the connection to the WRA Walnut Creek Trunk sewer (depicted on Exhibit A as USSD Walnut Creek Trunk Sewer), located near the confluence of Walnut Creek and Little Walnut Creek, 3 approximately 1,960 feet northwest of the intersection of Walnut Creek and NW Douglas Parkway. The portion of the Clive/District Trunk Sewer being conveyed to the WRA is further described as Segments 7, 7-1, 7-2, 7-3, and 7-4 in the Clive/District 28E attached hereto as Exhibit B. 2.3 Project Improvements. For the purpose of this Agreement, Project Improvements are defined as: Construction of approximately 18,500 linear feet of 30-inch diameter gravity sanitary sewer, and manholes located in the Cities of Clive, Urbandale and Waukee, Iowa as set forth in Section 2.1. In addition, the Project Improvements will intersect the Clive/District Trunk Sewer as more particularly described in 2.1. 2.4 Compliance with Article VII, Section 4 of the WRA Agreement. Waukee, as a Participating Community, is one of the communities and service areas to be served by the Waukee NE Outfall Sewer. As allowed by the WRA, other Participating Communities, including Clive and the Urbandale Sanitary Sewer District, may also be served by the Waukee NE Outfall Sewer. The anticipated sewer flowage for the Waukee NE Outfall Sewer, as of the date of this Agreement, is anticipated to be 10 million gallons a day which is the planned service capacity. The funding source for the Waukee NE Outfall Sewer is identified in Section 3.1 herein. Waukee hereby agrees to abide by all processes and approvals set forth in Article VII, Section 4 of the WRA Agreement. Part 3 – Waukee Responsibility for Costs for the Waukee NE Outfall Sewer 3.1 Funding of the Waukee NE Outfall Sewer. Waukee is solely responsible for the funding and payment of all costs associated with, related to, or arising out of the design, acquisition of property interests, and construction of the Waukee NE Outfall Sewer. Waukee is solely responsible for any and all costs for making any repairs to the Waukee NE Outfall Sewer, so it is in a condition acceptable to the WRA for transfer of ownership to the WRA as set forth in this Agreement. 3.2 No Cost to WRA. It is the intention of the parties that the WRA shall not be responsible for any costs associated with, related to, or arising out of the design, acquisition of property interests, construction or repairs of the Waukee NE Outfall Sewer, conveyance of Waukee NE Outfall Sewer to the WRA or connection to the WRA conveyance system. 3.3 Revenue Bonds and SRF Obligations. Waukee represents and covenants to the WRA that it has no obligations, loan agreements, state revolving fund loans (SRF) or other financing instruments that restrict or prohibit or have covenants against the disposition, sale or transfer of the Waukee NE Outfall Sewer or the property interests for the Waukee NE Outfall Sewer to the WRA. If there are any such obligations, loan agreements, state revolving fund loans (SRF) or other financing instruments, Waukee shall obtain and provide written consent and authority for conveyance of the Waukee NE Outfall Sewer and the property interests of the Waukee NE Outfall Sewer to the WRA from such financing entity prior to the WRA accepting conveyance of the Waukee NE Outfall Sewer. 4 Part 4 – Design of the Project Improvements 4.1 Design and Construction Standards. Waukee shall design and construct the Project Improvements in conformance with, the edition currently adopted by the WRA as of the date of construction, Statewide Urban Standard Specifications for Public Improvements, (SUDAS), WRA requirements (including but not limited to WRA requirements for pipe material, manholes, manhole lining and infiltration testing standards), the WRA Agreement and the provisions of this Agreement. Waukee shall include in the bid documents and specifications for the Project Improvements WRA approved supplemental specifications including but not limited to those for pipe material, manholes and manhole lining, and infiltration testing standards. Waukee shall name the WRA as a third-party beneficiary of the design contract and construction contract and shall require its design consultant and construction contractor to indemnify the WRA and the City of Des Moines for said design and construction as required in Attachments 1 and 2 herein. 4.2 Approval of Design Documents by WRA. At the stages of 60% completion of the design and final completion of the design of the Project Improvements, Waukee shall submit or has submitted the Design Documents for construction of the Project Improvements to the WRA Director for review and approval. Design Documents, for purposes of this Agreement, shall also include the plans and specifications. Waukee shall not bid or award contract for construction of the Project Improvements until the Design Documents have been approved in writing by the WRA Director. The WRA Director will review and respond to the proposed Design Documents within 20 days of receipt of the same. Should the WRA Director decline to approve the final Design Documents, the WRA Director shall so notify Waukee of such decision giving the reasons therefore. Waukee shall address WRA's concerns and resubmit the final Design Documents to the WRA Director for review and approval. The Project Improvements shall not be bid until the WRA Director has provided written approval of the Design Documents. 4.3 Changes to Design Documents. If any changes are made to the final Design Documents after the written approval by the WRA Director, then the Design Documents shall be submitted to the WRA Director for review and written response before the Project Improvements are bid for construction. Should the WRA Director decline to approve the changes, the WRA Director shall so notify Waukee of such decision giving the reasons therefore. Waukee shall address WRA's concerns and resubmit the Design Documents to the WRA Director for review and approval. The Project Improvements shall not be bid until the WRA Director has provided written approval. 4.4 Metering. Manholes for metering flow will be installed at the corporate boundary between Clive and Urbandale (Clive meter) and on the west side of Alice’s Road (Waukee meter). The meters at the metering manholes will be installed by the WRA. 5 Part 5 - Acquisition and Conveyance of Property Interests for Waukee NE Outfall Sewer The topography of route for the Waukee NE Outfall Sewer necessitates that the Project Improvements intersect, and incorporate, certain segments of the Clive/District Trunk Sewer already existing in the vicinity as generally depicted on the map attached as Exhibit A and described in Section 2.2 herein. Waukee shall be required to acquire Property interests not already possessed by Clive, Urbandale, and the District for their existing sewer trunk facilities as follows: 5.1 Property Interests and Authorization by Clive, Urbandale and the District. Clive, Urbandale and the District authorize and license Waukee and its contractors to enter upon property owned by Clive, Urbandale and/or the District where the Clive/District Trunk Sewer is located and onto easement areas held by Clive, Urbandale and/or the District in which the Clive/District Trunk Sewer is situated for the purpose of constructing and/or modifying the Clive/District Trunk Sewer as set forth in the approved Design Documents. Clive, Urbandale and the District agree to grant 30-foot-wide permanent sewer easements, on WRA approved forms, to Waukee for transfer to the WRA, on their respective properties for the Waukee NE Outfall Sewer Project Improvements described in Section 2.1 herein to be assigned to the WRA. If Clive, Urbandale and/or the District hold easements and not fee title in the property in which the Clive/District Trunk Sewer is located, Clive Urbandale and the District shall assign and otherwise grant to Waukee for assignment to the WRA, in the manner provided by law, the Permanent Sewer Easements in which the Clive/District Trunk Sewer is situated at the locations at which the Waukee NE Outfall Sewer enters such easement areas and/or intersects and/or incorporates segments of Clive/District Trunk Sewer. Partial assignments to the WRA may be approved where appropriate in the sole discretion of the WRA Director and shall be in the proportions required by virtue of the approved Design Documents and shall allow for assignment of such easement rights to the WRA. All easements and assignments of easements must be acceptable to the WRA for the purposes required by the WRA. 5.2 Property Interests Required by WRA. The WRA requires, and Waukee shall provide, a minimum 30-foot-wide permanent sewer easement interest centered over the sewer pipe of the Waukee NE Outfall Sewer. All conveyance documents from Waukee to the WRA shall be prepared by the attorney for Waukee on forms approved by the WRA. Prior to making any offers to property owners, Waukee shall provide the WRA with a title opinion for the subject property as well as draft conveyance documents for all property interests required for the Project. Once reviewed by the attorney for the WRA, Waukee may proceed with extending offers to the property owner. All revisions to the draft conveyance documents requested by the property owner shall be reviewed by the WRA attorney prior to obtaining signatures by the property owners. Waukee shall give all required notices and hold all necessary hearings required by 364.7 of the Iowa Code to convey the property interests obtained by Waukee for the Waukee NE Outfall Sewer to the WRA when the conditions precedent as set forth in Part 7 herein are met. 5.3 Acquisition of Property Interests. Waukee shall obtain all property interests necessary for the construction, reconstruction, repair, operation, and maintenance of the Waukee NE Outfall Sewer at Waukee’s sole cost and expense. All permanent property interests for the 6 Project Improvements shall be acquired in the name of Waukee, except to the extent that any property interests which include the Project Improvements are held by Clive, Urbandale, or the District. Waukee shall include in all appropriate acquisition documents and notices that Waukee intends to quit claim all its interest in the property interests and sewer to the WRA upon completion of the Project Improvements and acceptance of the Waukee NE Outfall Sewer by the WRA. Waukee shall provide easements to the WRA using WRA forms for the Waukee NE Outfall Sewer where the sewer is located within street right-of-way or other Waukee owned property in accordance with the provisions and requirements for conveyance set forth in Part 5 herein. 5.4 Federal, State and Local Laws. Waukee shall follow all federal, state, and local laws and regulations and all WRA requirements as set forth herein for all acquisition and relocation for all property interests acquired by Waukee. 5.5 Required Hearings. Waukee shall follow the provisions and hold all hearings required pursuant to Chapters 6A and 6B of the Iowa Code in acquiring all property interests for the Project Improvements acquired by Waukee. 5.6 Acquisition of Property. After the necessary hearings set forth above, (a) Waukee shall be authorized to cause its Consultant to prepare final Design Documents for the Project Improvements; and (b) Waukee shall be authorized to acquire permanent property interests for the Project Improvements in the name of both Waukee and the WRA, in accordance with 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. In the event of condemnation and any appeal therefrom, Waukee shall solely be responsible for all costs and expenses associated therewith, including but not limited to the cost of all defense of the WRA and all costs, fees and awards, appraisal and attorney fees assessed, awarded, or included as part of an administrative settlement. 5.7 Acquisition Forms and Plats. Permanent easements and fee acquisitions for the Waukee NE Outfall Sewer acquired by Waukee shall be on forms approved by the WRA. Proposed changes to said forms shall only be made with WRA written concurrence. Waukee shall provide all permanent easement and acquisition plats in hard copy and shape file format to the WRA. Waukee shall provide all easement and acquisition plats in hard copy and in shape file format satisfactory to the WRA. 5.8 Marketable Title. No property interests shall be acquired by Waukee unless and until Waukee has obtained an opinion or certification from its legal counsel that the grantor of the property interest is lawfully possessed of the property and authorized to make such conveyance and that such conveyance is made free and clear of all encumbrances except as may be approved by the WRA in writing. Prior to the WRA accepting ownership of the Waukee NE Outfall Sewer, Waukee shall provide evidence of ownership of all property interests to be conveyed by Waukee to the WRA by virtue of attorney opinions provided to the WRA by Waukee, along with a copy of each recorded easement or deed. For all permanent property interests acquired by Waukee for the Waukee NE Outfall Sewer, the 7 attorney opinions shall be based upon an examination of a Certificate of Title prepared by a licensed Iowa abstractor showing mortgages, easements, and personal judgments against the record titleholder(s), if any. For permanent property interests acquired by Waukee, the attorney opinions shall opine that Waukee and the WRA have title to and ownership of the fee or permanent easement free and clear of all known liens, claims, security interests, and encumbrances as reported in the Certificate of Title except those of record of which the WRA has been given actual notice in writing and which the WRA has found acceptable. WRA shall not accept ownership of the Waukee NE Outfall Sewer until the WRA, in its sole discretion, is satisfied that Waukee has obtained marketable title in the Waukee NE Outfall Sewer free and clear of fall encumbrances, unless an exception is approved in accordance with this Agreement and that all property interests for the Waukee NE Outfall Sewer are in a form acceptable to the WRA to allow the WRA the right to operate, maintain, repair and reconstruct the Waukee NE Outfall Sewer. 5.9 Acquisition Costs. All cost of acquisition of property interests for the Waukee NE Outfall Sewer, the appeal of eminent domain proceedings or other administrative or legal proceeding associated with, related to or arising out of the acquisition of property interests for the Waukee NE Outfall Sewer shall be at the sole cost and expense of Waukee, including but not limited to the cost of all defense of the WRA and all costs, fees and awards, appraisal and attorney fees assessed, awarded, or included in an administrative settlement. 5.10 Conveyance of Waukee NE Outfall Sewer. Waukee shall convey all interests in the Waukee NE Outfall Sewer by Quit Claim Deed and easement on forms acceptable to the WRA when the WRA accepts ownership in accordance with Part 7 herein. Waukee shall hold all public hearings required under Iowa law to effectuate such conveyance. Unless the parties otherwise agree through a separate agreement, the WRA shall not accept ownership of the Waukee NE Outfall Sewer prior to final disposition of all condemnations, including all appeals therefrom. 5.11 Waukee Outfall Sewer 28E Agreement. The Parties acknowledge that Waukee and Clive have entered or will enter into a 28E Agreement (the “Outfall Sewer 28E”) providing for the conveyance of easements for the construction and operation of the Waukee NE Outfall Sewer. The Parties acknowledge and agree that Clive has certain rights under the Outfall Sewer 28E with respect to the design and construction of the Waukee NE Outfall Sewer, including but not limited to the right to review bid documents, change orders, certificates of installation, and the right to attend final inspection. The Parties hereby acknowledge and agree that the design and construction of the Waukee NE Outfall Sewer are subject to Clive’s rights under the Outfall Sewer 28E, which are not in conflict with this Agreement, and Waukee shall be responsible for complying with the Outfall Sewer 28E with respect to Clive’s rights thereunder. 8 Part 6 - Construction of Project Improvements 6.1 Construction of Project Improvements. Upon written approval of the plans and specifications by the WRA Director, Waukee shall construct and administer the Project Improvements in accordance with the plans and specifications approved by the WRA Director, SUDAS Standard Specifications, current edition as of the date of construction, WRA requirements, applicable federal, state, and local laws, and this Agreement. 6.2 Change Orders. Waukee shall notify the WRA Director of all proposed change orders for the portion of the Project Improvements which in any way alter or change the design, function or materials of the Project Improvements and obtain the WRA Director’s written consent to such change orders. Waukee agrees that the Project Improvements shall be completed in strict adherence to the Design Documents as approved by the WRA. Any deviations from the Design Documents or substitutions of materials, construction methods, or equipment shall be permitted only with the prior written consent of the WRA Director. 6.3 Final Inspection. Upon contractor request for final payment, the Waukee City Engineer shall conduct a final inspection and develop a punch list of items for completion. The Waukee City Engineer shall inform the WRA Director in writing of the date and time of the final inspection at least 7 days prior to the inspection so that WRA may send a representative to attend. The Waukee City Engineer shall be responsible for developing the punch list of work items for completion and shall include any work items that the WRA Director determines need to be corrected. Waukee shall not accept the Project Improvements until all issues or work items identified by the WRA have been addressed to the satisfaction of the WRA Director. Upon determination that construction of the Project Improvements have been completed, the Waukee City Engineer shall give written notice of Project Improvement completion to the WRA Director, therein declaring and certifying that the Project Improvements has been completed and constructed in conformance with the Design Documents and contract documents. 6.4 As-Built Information. Waukee shall provide to the WRA as-built information for the Waukee NE Outfall Sewer, including the horizontal and vertical locations of all manhole rims and inverts. Horizontal as-built information for all manholes shall be provided by Waukee to the WRA in Iowa South State Plane Datum. The as-built drawings shall clearly indicate the vertical datum used for as-built elevations. 6.5 Televising of the Waukee NE Outfall Sewer. After completion of the Project Improvements, Waukee shall televise the Waukee NE Outfall Sewer. The televising reports shall be developed and provided to the WRA indicating and showing location of the connections, manholes, leaks, infiltration, and defects. Waukee agrees to repair and correct all leaks, infiltration, and defects in the Waukee NE Outfall Sewer to the satisfaction of the WRA Director prior to WRA acceptance of the Waukee NE Outfall Sewer. Waukee shall provide evidence of such repair and correction to the WRA Director. The WRA Director shall notify Waukee in writing when the WRA is satisfied with the condition of the Waukee NE Outfall Sewer. All televising videos and reports shall be turned over to the WRA prior to final acceptance of the Project Improvements. 9 Part 7 – Acceptance of Waukee NE Outfall Sewer and the Clive/District Trunk Sewer by the WRA 7.1 Conditions Precedent to Acceptance by WRA. The WRA will accept the Waukee NE Outfall Sewer and the Clive/District Trunk Sewer when all the flowing condition precedents are fulfilled: A. Waukee has notified the WRA that the Project Improvements have been constructed and finally accepted by Waukee. Waukee has provided a copy of the resolution of the Waukee City Council certifying construction is completed in accordance with the Plans and Specifications and Waukee’s acceptance of the Project Improvements. B. Waukee has provided the as-built plans and a certification from the Waukee City Engineer that the Project Improvements were completed and constructed in conformance with the plans and specifications, design documents and contract documents. C. Waukee has acquired 30-foot-wide permanent easements centered over the pipe of the Waukee NE Outfall Sewer in a form satisfactory to the WRA. D. Waukee has provided all easement and acquisition plats in hard copy and in shape file format to the WRA as required in Part 5 herein satisfactory to the WRA. E. Waukee has provided evidence of ownership of all Waukee NE Outfall Sewer property interests as required in Parts 5 herein satisfactory to the WRA. F. Waukee has provided written certification that no eminent domain, administrative and/or other lawsuits or proceedings are pending associated with, related to, or arising out of the design, acquisition of property interests or construction of the Waukee NE Outfall Sewer. G. The Iowa Finance Authority, or such other financing entity that has provided financing of the Waukee NE Outfall Sewer, has provided written consent and authorization for Waukee, Clive and the District to convey the Waukee NE Outfall Sewer to the WRA as required in Section 3.3 herein. H. Waukee, Clive, Urbandale and the District have executed all closing documents and held all hearings and complied with Section 364.7 of the Iowa Code for conveyance of the Waukee NE Outfall Sewer, the Clive/District Trunk Sewer and all property interests. I. Waukee has provided all televising videos and reports as required and corrected any defects as required in Section 6.5 herein. J. Clive, Urbandale and the District have satisfied all of the requirements of Part 11 of this agreement. 10 7.2 Satisfaction of Conditions Precedent. Upon these conditions being satisfied, in the sole determination of the WRA, the WRA shall prepare the necessary documents to convey and/or assign the Waukee NE Outfall Sewer and the Clive/District Trunk Sewer and interests in property held by Waukee, Clive, Urbandale and the District in the Waukee NE Outfall Sewer and the Clive/District Trunk Sewer to the WRA. Waukee, Urbandale, the District and Clive shall provide all necessary legal descriptions and exhibits for the conveyance and hold all hearings in compliance with Section 364.7 of the Iowa Code to convey the Waukee NE Outfall Sewer and Clive/District Trunk Sewer and property interests to the WRA. Upon providing the required notices and resolutions authorizing conveyance in a form acceptable to the WRA legal counsel, the WRA will proceed with acceptance of the Waukee NE Outfall Sewer and Clive/District Trunk Sewer. Part 8 – Connections to the Waukee NE Outfall Sewer and Clive/District Sewer 8.1 No connections to the Waukee NE Outfall Sewer or the Clive/District Trunk Sewer are permitted unless written consent is obtained from the WRA Director to do so. Part 9 - Insurance 9.1. Definition of WRA for Part 9. For purposes of Part 9 of this Agreement, the term "WRA" shall mean the Des Moines Metropolitan Wastewater Reclamation Authority and its Operating Contractor, the City of Des Moines, Iowa, including their respective elected and appointed officials, employees, and volunteers. 9.2 Consultant Insurance. Waukee, Clive and the District shall require their design Consultants to purchase and maintain insurance to protect the WRA and the WRA’s Operating Contractor, the City of Des Moines, Iowa, as set forth in Attachment 1. 9.3 Contractor Insurance. Waukee, Clive and the District shall require their Contractors to purchase and maintain insurance to protect the WRA and WRA's Operating Contractor, the City of Des Moines, as set forth in Attachment No. 2. 9.4 Indemnification Requirement. To the fullest extent permitted by law, Clive and the District agree to indemnify, defend and hold harmless the WRA, its elected and appointed officials, employees and volunteers and others working on behalf of the WRA 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 the WRA, its elected and appointed officials, employees and volunteers and others working on behalf of the WRA, including by reason of personal injury, bodily injury or death, and property damages, including loss of use thereof, which arise from the design, acquisition of property or repair or construction of the Clive/District Trunk Sewer or their respective obligations under this Agreement. This requirement shall survive the termination of this Agreement. 11 To the fullest extent permitted by law, Waukee agrees to indemnify, defend and hold harmless the WRA, its elected and appointed officials, employees and volunteers and others working on behalf of the WRA 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 the WRA, its elected and appointed officials, employees and volunteers and others working on behalf of the WRA, including by reason of personal injury, bodily injury or death, and property damages, including loss of use thereof, which arise from the design, acquisition of property or repair or construction of the Waukee NE Outfall Sewer or their obligations under this Agreement. This requirement shall survive the termination of this Agreement. Part 10 – Bike Trail Provisions. 10.1 The parties agree a bike trail may be constructed to connect with existing bike trails at a future date within the easement areas of the Waukee NE Outfall Sewer and/or the Clive/District Trunk Sewer (“Bike Trail”), in accordance with the following terms and conditions: A. After the WRA has accepted the Waukee NE Outfall Sewer and the Clive/District Trunk Sewer and after the Parties have obtained and provided evidence to the WRA, of all the property interests needed for the Bike Trail from private property owners, the WRA shall allow Waukee, Clive, or Urbandale to construct the Bike Trail within the WRA’s easement areas for the Waukee NE Outfall Sewer and/or the Clive/District Trunk Sewer pursuant to the terms set forth herein. B. Waukee, Clive, or Urbandale shall solely be responsible for designing and constructing the Bike Trail within their jurisdictions. All Design Documents for the Bike Trail must be approved in writing by the WRA Director before construction of the Bike Trail may commence. Waukee, Clive, or Urbandale shall solely bear the cost of all design and construction work associated with the Bike Trail within their respective jurisdictions. C. The Bike Trail shall be constructed of a strength sufficient to support the use of a 1-ton service truck on the Bike Trail. D. The WRA shall be allowed to utilize the Bike Trail to access the Waukee NE Outfall Sewer and the Clive/District Trunk Sewer for purposes of inspecting and servicing said sewer, including use of a 1-ton service truck. However, the WRA shall not utilize equipment larger than a 1-ton truck when using the Bike Trail to access said sewer. E. Waukee, Clive, or Urbandale shall be solely responsible for all ongoing maintenance of the Bike Trail and all costs associated therewith, except as otherwise provided in Section 10(F) herein. 12 F. In the event that either the WRA needs to perform major work on the Waukee NE Outfall Sewer or the Clive/District Trunk Sewer under the Bike Trail or the WRA damages the Bike Trail by driving a large piece of equipment weighing in excess of 1-ton, the WRA shall be solely responsible for all resulting damage, the full restoration of the impacted area of the Bike Trail, and all costs associated with said restoration. Part 11-The District, Urbandale, and Clive 11.1 Authorization. The District, Urbandale and Clive authorize Waukee and the WRA to construct the Waukee NE Outfall Sewer and upon completion shall convey to the WRA the necessary property interests needed by the WRA to operate, maintain, repair, replace and reconstruct the Waukee NE Outfall Sewer. The District, Urbandale and Clive shall convey the necessary property interests needed by the WRA to operate, maintain, repair, replace and reconstruct the Clive/District Trunk Sewer. 11.2 As-Built Information. Clive and the District shall provide to the WRA as-built information for the Clive/District Trunk Sewer, including the horizontal and vertical locations of all manhole rims and inverts. Horizontal as-built information for all manholes shall be provided by Clive and the District to the WRA in Iowa State Plane Datum. The as-built drawings shall clearly indicate the vertical datum used for as-built elevations. The as-built drawings shall reflect and include all repairs made to the Clive/District Trunk Sewer. 11.3 Televising of the Clive/District Trunk Sewer. After completion of the Project Improvements by Waukee, Clive and the District shall televise the Clive/District Trunk Sewer. In accordance with Section 7(b) of the Clive/District 28E, the cost for televising the Clive/District Trunk Sewer shall be allocated between Clive and the District based on average daily flows for the segments being televised, as further described in Section 7(b) of the Clive/District 28E. The televising reports shall be developed and provided to the WRA indicating and showing location of all connections, manholes, leaks, infiltration and defects. Clive and the District shall repair and correct all leaks, infiltration and defects in the Clive/District Trunk Sewer to the reasonable satisfaction of the WRA Director prior to WRA acceptance of the Waukee NE Outfall Sewer. In accordance with Section 7(b) of the Clive/District 28E, the Parties agree that Clive shall be responsible for the performance of any such repairs to the Clive/District Trunk Sewer lying within the corporate limits of the City of Clive, and the District shall be responsible for the performance of any such repairs to the Clive/District Trunk Sewer lying within the corporate limits of the City of Urbandale. Actual costs for such repairs shall be allocated between Clive and the District based on average daily flows for the segment being repaired, as further described in Section 7(b) of the Clive/District 28E. Clive and the District shall provide evidence of such repair and correction acceptable to the WRA Director. The WRA Director shall notify Clive and the District in writing when the WRA is satisfied with the condition of the Clive/District Trunk Sewer. All televising videos and reports shall be turned over to the WRA prior to final acceptance of the Waukee NE Outfall Sewer. 13 11.4 Evidence of Ownership. Clive, Urbandale and the District shall provide evidence of ownership of all Clive/District Trunk Sewer property interests as required in Part 11 herein satisfactory to the WRA. 11.5 Revenue Bonds and SRF Obligations. Clive, Urbandale and the District represent and covenant to the WRA that it has no obligations, loan agreements, state revolving fund loans (SRF) or other financing instruments that restrict or prohibit or have covenants against the disposition, sale or transfer of the Clive/District Trunk Sewer or the property interests for the Clive/District Trunk Sewer to the WRA. If there are any such obligations, loan agreements, state revolving fund loans (SRF) or other financing instruments, Clive, Urbandale and the District shall obtain and provide written consent and authority for conveyance of the Clive/District Trunk Sewer and the property interests of the Clive/District Trunk Sewer to the WRA from such financing entity prior to the WRA accepting conveyance of the Waukee NE Outfall Sewer and the Clive/District Trunk Sewer. 11.6 Conveyance of Property Interests to the WRA by the District, Urbandale, and Clive. A. Clive/District Trunk Sewer. The WRA requires and the District, Urbandale and Clive shall provide a minimum 30-foot-wide permanent sewer easement interest centered over the sewer pipe of the Clive/District Trunk Sewer. If the Clive/District Trunk Sewer does not have 30-foot-wide permanent sewer easements centered over the sewer pipe, it shall be Clive and the District’s responsibility to acquire the required permanent sewer easements on WRA approved forms before the WRA will accept ownership. The WRA Director has the discretion to accept less than a 30-foot width in the Clive/District Trunk Sewer, where the Director has determined that the existing width of the Clive/District Trunk Sewer easement interest is adequate for WRA purposes. Such decision by the WRA Director must be in writing and identify the areas of the Clive/District Trunk Sewer where a width less than 30 foot is acceptable. All existing permanent sewer easements must permit assignment to the WRA. All conveyance documents to the WRA shall be on forms approved by the WRA. Urbandale agrees to convey any property interests and interests it holds in the Clive/District Trunk Sewer. Clive shall be responsible for obtaining and preparing such easements for property located within the corporate limits of the City of Clive, and the District shall be responsible for obtaining and preparing such easements for property located within the corporate limits of the City of Urbandale. B. Clive/District Trunk Sewer. Waukee, the District, Urbandale and Clive shall give all required notices and hold all necessary hearings required by 364.7 of the Iowa Code to convey the property interests they possess for the Waukee NE Outfall Sewer to Waukee and the Clive/District Trunk Sewer to the WRA as a condition precedent to the WRA accepting ownership of the Waukee NE Outfall Sewer and Clive/District Trunk Sewer as set forth in Part 7 herein. Prior to the WRA accepting ownership of the Waukee NE Outfall Sewer and Clive/District Trunk Sewer, Waukee, the District, Urbandale and Clive shall provide evidence of ownership of all property interests to be conveyed by them to the WRA by virtue of attorney opinions provided to the WRA by them, along with a copy of each recorded easement or deed. For all permanent property interests 14 for the Clive/District Trunk Sewer, the attorney opinions shall be based upon an examination of a Certificate of Title prepared by a licensed Iowa abstractor showing mortgages, easements, and personal judgments against the record titleholder(s), if any. For permanent property interests, the attorney opinions shall opine that they and the WRA have title to and ownership of the fee or permanent easement free and clear of all known liens, claims, security interests, and encumbrances as reported in the Certificate of Title except those of record of which the WRA has been given actual notice in writing and which the WRA has found acceptable. WRA shall not accept ownership of the Waukee NE Outfall Sewer and the Clive/District Trunk Sewer until the WRA, in its sole discretion, is satisfied that they have marketable title in the Clive/District Sewer free and clear of all encumbrances, unless an exception is approved in accordance with this Agreement and that all property interests for the Clive/District Trunk Sewer are in a form acceptable to the WRA to allow the WRA the right to operate, maintain, repair and reconstruct the Clive/District Trunk Sewer. 11.7 Acquisition Costs. All cost of acquisition of property interests for the Clive/District Trunk Sewer, the appeal of eminent domain proceedings or other administrative or legal proceeding associated with, related to or arising out of the acquisition of property interests for the Clive/District Trunk Sewer shall be at the sole cost and expense of Clive, the District and Urbandale, including but not limited to the cost of all defense of the WRA and all costs, fees and awards, appraisal and attorney fees assessed, awarded, or included in an administrative settlement. Clive shall be responsible for all such costs arising out of disputes over property located within the corporate limits of the City of Clive, and the District shall be responsible for all such costs arising out of disputes over property located within the corporate limits of the City of Urbandale. 11.8 Funding of the Clive/District Trunk Sewer. Clive, Urbandale and the District are solely responsible for the funding and payment of all costs associated with, related to, or arising out of the design, acquisition of property interests, and repair of the Clive/District Trunk Sewer so it is in a condition acceptable to the WRA for transfer of ownership to the WRA as set forth in this Agreement. Clive shall be responsible for any such costs arising out of property located within the corporate limits of the City of Clive, and the District shall be responsible for all such costs arising out of property located within the corporate limits of the City of Urbandale. It is the intention of the parties that the WRA shall not be responsible for any costs associated with, related to, or arising out of the design, acquisition of property interests, or repairs to or the conveyance of Clive/District Trunk Sewer to the WRA or connection to the WRA conveyance system. 11.8 Clive/District 28E. Clive and the District will amend, or terminate, as appropriate the Clive/District 28E to remove the portion of the Clive/District Trunk Sewer described in Section 2.2 herein from the Clive/District 28E. Part 12 – Flow Measurement. 12.1 Flow measurement. Flow meter calculations shall be in accordance with the WRA standard procedures for flow calculations. 15 Part 13 – General Provisions. 13.1 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: Notices to Waukee: Chair, WRA Metropolitan Board City Administrator, Waukee c/o Des Moines Metropolitan 230 W. Hickman Road Wastewater Reclamation Facility Waukee, Iowa 50263 3000 Vandalia Road Des Moines, Iowa 50317 Notices to the District: Notices to Urbandale: USSD, President City Manager, Urbandale c/o Paul A. Drey 3600 86th Street 6701 Westown Parkway, Suite 100 Urbandale, Iowa 50322 West Des Moines, Iowa 50266 Notices to Clive: City Administrator, Clive 1900 NW 114th Street Clive, Iowa 50325 13.2 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 must give notice thereof to the defaulting party and all other parties to this Agreement. 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, and if such default shall constitute a material breach of this Agreement, that party may then take action it determines necessary or appropriate to enforce or obtain performance of the provisions of this Agreement or pursue any other remedies available to it. 13.3 Dispute Resolution - Mediation. The Parties agree that any disputes arising between them with regard to the interpretation or application of this Agreement may be submitted to mediation if agreed to by the parties. 16 13.4 Remedies. In addition to any other remedies available under applicable law, the parties shall have the right to the equitable remedy of specific performance to enforce compliance with any provision of this Agreement. 13.5 Amendment of Agreement. This Agreement may be amended only by written agreement signed by all Parties. 13.6 Assignment of Agreement. No Party may assign this Agreement to a third party without the written consent of all other Parties. 13.7 No Third-Party Beneficiaries. Nothing in this Agreement shall be construed to create in any third party, or in favor of any third party, any right(s), license(s), power(s), or privilege(s). 13.8 Severability. 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. 13.9 Governing Law; Jurisdiction. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Iowa. Lawsuits brought by any Party in connection with this Agreement shall be heard and tried in Iowa District Court in and for Polk County, Iowa. 13.10 Entire Agreement. As of the date of execution of this Agreement represents the entire agreement between the parties pertaining to the subject matter herein, except for the WRA Agreement to which Waukee, Clive and the District are participating members and agreements between Urbandale, Clive and Waukee pertaining to property interest acquisition among those parties as more particularly described therein. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed addendum to this Agreement. 13.11 Execution of Agreement. This Agreement shall be executed in five counterparts, each of which so executed shall be deemed to be an original. [Signature pages follow.] 17 CITY OF WAUKEE, IOWA __________________________________ By: Courtney Clarke, Mayor ATTEST: ___________________________________ By: Rebecca D. Schuett, City Clerk STATE OF IOWA ) ) ss: COUNTY OF DALLAS ) On this _____ day of _________________, 2022, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on behalf of the City by authority of its City Council, as contained in Resolution No. ______ passed by the City Council on the _____ day of ______________, 2022, and that Courtney Clarke and Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the City, by it and by them voluntarily executed. ____________________________________ Notary Public in and for the State of Iowa My commission expires: ________ 18 DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY By: ______________________________________ Sara Kurovski, Board Chair ATTEST: By: ___________________________________ Chelsea Huisman, Board Secretary STATE OF IOWA ) ) SS COUNTY OF POLK ) On this _______ day of _________________, 2022, before a Notary Public in and for the Des Moines Metropolitan Wastewater Reclamation Authority, personally appeared __________ and ___________________, to me personally known, who being duly sworn, did say that they are the Chair and Secretary, respectively of the Des Moines Metropolitan Wastewater Reclamation Authority, a legal entity created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Authority, and that said instrument was signed and sealed on behalf of said Authority by authority and resolution of its Board and said Chair and Secretary acknowledged said instrument to be the free act and deed of said Authority by it voluntarily executed. ___________________________________ Notary Public in and for the State of Iowa My commission expires: ________ 19 CITY OF CLIVE _____________________________ By: John Edwards, Mayor ATTEST: ________________________________ By: Matt Graham, City Clerk STATE OF IOWA ) ) ss: COUNTY OF POLK ) On this _____ day of _________________, 2022, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared John Edwards and Matt McQuillen, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Clive, Iowa; that the instrument was signed and sealed on behalf of the City by authority of its City Council, as contained in Resolution No. ______ passed by the City Council on the _____ day of ______________, 2022, and that John Edwards and Matt McQuillen, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the City, by it and by them voluntarily executed. ____________________________________ Notary Public in and for the State of Iowa My commission expires: ___________ 20 CITY OF URBANDALE, IOWA ________________________________ By: Robert Andeweg, Mayor ATTEST: ________________________________ By: Nicole Lunders, City Clerk STATE OF IOWA ) ) ss: COUNTY OF POLK ) On this ____ day of ___________, 2022, before me, a Notary Public in and for the State of Iowa, personally appeared Robert Andeweg and Nicole Lunders, to me personally known, and, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Urbandale, Iowa; and that the instrument was signed on behalf of the City of Urbandale, Iowa, 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 _____________, 2022, and that the Mayor and City Clerk acknowledged the execution of said instrument to be their voluntary act and deed and the voluntarily act and deed of the City of Waukee, Iowa, by it voluntarily executed. _________________________________ Notary Public in and for the State of Iowa My commission expires: _______________ 21 URBANDALE SANITARY SEWER DISTRICT _____________________________________ By: Joseph Sassatelli, President ATTEST: ___________________________________ By: William Henry, Clerk STATE OF IOWA ) ) ss: COUNTY OF POLK ) On this ____ day of ___________, 2022, before me, a Notary Public in and for the State of Iowa, personally appeared ______________________ and _____________________, to me personally known, and, who being by me duly sworn, did say that they are the President and Clerk, respectively, of the Urbandale Sanitary Sewer District and that the said instrument was signed and sealed on behalf of the corporation, by authority of its Board of Directors, and that the President and Clerk acknowledged the execution of said instrument to be their voluntary act and deed and the voluntarily act and deed of the corporation, by it voluntarily executed. _________________________________ Notary Public in and for the State of Iowa My commission expires: _______________ 22 ATTACHMENT 1 DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY PROFESSIONAL SERVICES – CONSTRUCTION DESIGN INSURANCE & INDEMNIFICATION REQUIREMENTS For the purposes of this Attachment and the provisions included herein the terms “WRA,” “DSM” and “WAUKEE” mean, respectively, the Des Moines Metropolitan Wastewater Reclamation Authority, the City of Des Moines, Iowa and the City of Waukee, Iowa and their respective elected and appointed officials, agents, employees and volunteers, and others working on behalf of each. 1. GENERAL The CONSULTANT shall purchase and maintain insurance to protect (1) the CONSULTANT, (2) the Des Moines Metropolitan Wastewater Reclamation Authority (WRA), (3) the City of Des Moines, Iowa (DSM) and (4) the City of Waukee, Iowa (WAUKEE) throughout the duration of the Agreement. Said insurance shall be provided by insurance companies “admitted” or “non-admitted” to do business in the State of Iowa having no less than an A. M. Best Rating of “B+.” All policies, except professional liability, shall be written on an occurrence basis and in form and amounts satisfactory to the WRA, DSM and WAUKEE. Certificates of Insurance confirming adequate insurance coverage shall be submitted to the WRA, DSM and WAUKEE prior to Agreement execution or commencement of work and/or services. 2. INSURANCE REQUIREMENTS A. COMMERCIAL GENERAL LIABILITY INSURANCE: Commercial General Liability insurance on an occurrence basis with limits of liability not less than $1,000,000 per occurrence and/or aggregate combined single limit covering Personal Injury, Bodily Injury and Property Damage. Coverage shall include: (a) Contractual Liability, (b) Premises and Operations, (c) Products and Completed Operations, (d) Independent Contractors Coverage, (e) Personal and Advertising Injury and (f) Explosion, Collapse and Underground- XCU (when applicable). Waiver of Subrogation in favor of the WRA, DSM and WAUKEE is required as per paragraph 2.F. below. Coverage shall be no less comprehensive and no more restrictive than the coverage provided by ISO standard Commercial General Liability Policy form ISO CG 0001 including standard exclusions or a non-ISO equivalent form. Neither WRA, DSM nor WAUKEE shall be included as Additional Insureds. B. CONTRACTUAL LIABILITY: The Contractual Liability coverage required above shall include the cost of defense and settlement. CONSULTANT agrees to submit to its insurance carrier, on behalf of the WRA and/or DSM and/or WAUKEE, any claim or demand against the WRA or DSM or WAUKEE for which the CONSULTANT has agreed 23 to defend, indemnify, and hold the WRA, DSM and WAUKEE harmless in Section 3 Indemnification below, and to do so in a timely manner so required in its insurance policies. C. WORKER’S COMPENSATION & EMPLOYER’S LIABILITY INSURANCE: As required by State of Iowa Workers’ Compensation Law, the CONSULTANT shall procure and maintain Worker’s Compensation Insurance, including Employer’s Liability Coverage. The Workers’ Compensation Insurance shall be written with State of Iowa statutory limits. If, by Iowa Code Section 85.1A, the CONSULTANT is not required to purchase Workers’ Compensation Insurance, the CONSULTANT shall have a copy of the State’s Nonelection of Workers’ Compensation or Employers’ Liability Coverage form on file with the Iowa Workers’ Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Waiver of Subrogation in favor of WRA, DSM and WAUKEE is required as per paragraph 2.F. below. D. PROFESSIONAL LIABILITY INSURANCE: Professional Errors and Omissions Insurance with limits not less than $2,000,000 per claim and in the aggregate. E. CANCELLATION & NONRENEWAL NOTIFICATIONS: The CONSULTANT shall provide the WRA and WAUKEE no less than ten (10) days notification of cancellation or nonrenewal of the General Liability Insurance and Professional Liability Insurance policies required above. Written notifications shall be sent to: • City of Waukee , City Clerk, Waukee City Hall, 230 W Hickman Rd., Waukee, Iowa, 50263. • Des Moines Metropolitan Wastewater Reclamation Authority, Executive Director, 3000 Vandalia Rd, Des Moines, IA 50317 F. WAIVER OF SUBROGATION: To the fullest extent permitted by law, CONSULTANT hereby releases the WRA, DSM and WAUKEE from and against any and all liability or responsibility to the CONSULTANT or anyone claiming through or under the CONSULTANT by way of subrogation or otherwise, for any loss without regard to the fault of the WRA, DSM or WAUKEE or the type of loss involved including loss due to occupational injury. This provision shall be applicable and in full force and effect only with respect to loss or damage occurring during the time of this Agreement. The CONSULTANT’S Workers Compensation Insurance and General Liability Insurance policies shall contain either a policy provision or endorsement affirming the above stated release in favor of the WRA, DSM and WAUKEE including their respective elected and appointed officials, agents, employees and volunteers, and others working on behalf of each. G. PROOF OF INSURANCE: The CONSULTANT shall provide the following proof of insurance to the CITY: • Certificates of Insurance evidencing all insurance coverage as required in paragraphs A through F above utilizing the latest version of the ACORD form. The Certificate(s) of Insurance shall specify the Title of the Contract under “Description of Operations/Locations/Vehicle/Special Items” and indicate Waiver of Subrogation by 24 marking the corresponding boxes on COI and/or including a statement of compliance under Description of Operations. Mail Certificates of Insurance to: • City of Waukee, City Clerk , Waukee City Hall, 230 W Hickman Rd, Waukee, Iowa 50263. • Des Moines Metropolitan Wastewater Reclamation Authority, Executive Director, 3000 Vandalia Rd, Des Moines, IA 50317 H. AGENTS, SUBCONSULTANTS AND SUBCONTRACTORS: The CONSULTANT shall require all its agents, subconsultants and subcontractors who perform work and/or services on behalf of the CONSULTANT to purchase and maintain the types of insurance customary to the industry or trade related to the services being provided. 3. INDEMNIFICATION REQUIREMENTS For other than professional services rendered, to the fullest extent permitted by law, CONSULTANT agrees to defend, pay on behalf of, indemnify, and hold harmless the WRA, DSM and WAUKEE against any and all claims, demands, suits, damages or losses, together with any and all outlay and expense connected therewith including, but not limited to, attorneys’ fees and court costs that may be asserted or claimed against, recovered from or suffered by the WRA, DSM or WAUKEE by reason of any injury or loss including, but not limited to, personal injury, bodily injury including death, property damage including loss of use thereof, and economic damages that arise out of or are in any way connected or associated with CONSULTANT’S work or services under this Agreement, including that of its officers, agents, employees, subconsultants, subcontractors and others under the control of CONSULTANT, except to the extent caused by or resulting from the negligent act or omission of the WRA, DSM or WAUKEE or the WRA’S, DSM’S or WAUKEE’S employees, consultants, agents or others for whom the WRA, DSM or WAUKEE is responsible. For professional services rendered, to the fullest extent permitted by law, CONSULTANT agrees to pay on behalf of, indemnify, and hold harmless the WRA, DSM and WAUKEE against any and all claims, demands, suits, damages or losses, together with any and all outlay and expense connected therewith including, but not limited to, attorneys’ fees and court costs and economic damages that may be recovered from or suffered by the WRA, DSM or WAUKEE that arise out of any negligent act, error or omission of the CONSULTANT including that of its officers, agents, employees, subconsultants, subcontractors and others under the control of CONSULTANT, except to the extent caused by or resulting from the negligent act or omission of the WRA, DSM or WAUKEE or the WRA’S, DSM’S or WAUKEE’S employees, consultants, agents or others for whom the WRA, DSM or WAUKEE is responsible. CONSULTANT’S obligation to indemnify the WRA, DSM and WAUKEE contained in this Agreement is not limited by the amount or type of damages, compensation or benefits payable under any workers’ compensation acts, disability benefit acts, or other employee benefits acts. 25 The WRA, DSM and WAUKEE shall not be liable or in any way responsible for any injury, damage, liability, claim, loss or expense incurred by CONSULTANT arising out of or in any way connected or associated with CONSULTANT’S work or services under this Agreement, including that of its officers, agents, employees, subconsultants, subcontractors and others under the control of CONSULTANT, except to the extent caused by or resulting from the negligent act or omission of the WRA, DSM or WAUKEE or the WRA’S, DSM’S or WAUKEE’S employees, consultants, agents or others for whom the WRA, DSM or WAUKEE is responsible. CONSULTANT expressly assumes responsibility for any and all damage caused to WRA or WAUKEE property arising out of or in any way connected or associated with CONSULTANT’S work or services under this Agreement, including that of its officers, agents, employees, subconsultants, subcontractors and others under the control of CONSULTANT. CONSULTANT shall ensure that its activities on WRA or WAUKEE property will be performed and supervised by adequately trained and qualified personnel and CONSULTANT will observe all applicable safety rules. 26 ATTACHMENT 2 DES MOINES METROPOLITAN WASTEWATER AUTHORITY STANDARD – MAJOR – CONSTRUCTION INSURANCE & INDEMNIFICATION REQUIREMENTS For the purposes of this Attachment and the provisions included herein, the terms “WRA” and “CITY” mean, respectively, the Des Moines Metropolitan Wastewater Reclamation Authority and the City of Waukee, Iowa and their respective elected and appointed officials, agents, employees and volunteers, and others working on behalf of each. 1. GENERAL The CONTRACTOR shall purchase and maintain insurance to protect (1) the CONTRACTOR, (2) the Des Moines Metropolitan Wastewater Reclamation Authority (WRA) and (3) the City of Waukee, Iowa (CITY) throughout the duration of this Contract. Said insurance shall be provided by insurance companies “admitted” or “non-admitted” to do business in the State of Iowa having no less than an A. M. Best Rating of “B+.” All policies shall be written on an occurrence basis and in form and amounts satisfactory to the WRA and CITY. Certificates of Insurance confirming adequate insurance coverage shall be submitted to the WRA and CITY prior to Contract execution or commencement of work and/or services. 2. INSURANCE REQUIREMENTS A. COMMERCIAL GENERAL LIABILITY INSURANCE: Commercial General Liability insurance on an occurrence basis with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate combined single limit covering Personal Injury, Bodily Injury and Property Damage. Coverage shall include: (a) Contractual Liability, (b) Premises and Operations, (c) Products and Completed Operations, (d) Independent Contractors Coverage, (e) Personal and Advertising Injury and (f) Explosion, Collapse and Underground- XCU (when applicable). Waiver of Subrogation in favor of the WRA and CITY is required as per paragraph 2.K. below. Coverage shall be no less comprehensive and no more restrictive than the coverage provided by ISO standard Commercial General Liability Policy form ISO CG 0001 including standard exclusions or a non-ISO equivalent form. B. AUTOMOBILE LIABILITY INSURANCE: Automobile Liability Insurance with limits of liability of not less than $1,000,000 per occurrence combined single limit covering Bodily Injury and Property Damage. Coverage shall include all owned, non-owned, and hired vehicles. If the CONTRACTOR’S business does not own any vehicles, coverage is required on non-owned and hired vehicles. Policy shall include Contractual Liability coverage. Waiver of Subrogation in favor of the WRA and CITY is required as per paragraph 2.K. below. 27 C. UMBRELLA/EXCESS LIABILITY INSURANCE: The General Liability and Automobile Liability Insurance requirements above may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including a Waiver of Subrogation in favor of the WRA and CITY is required as per paragraph 2.K. below. D. WORKER’S COMPENSATION & EMPLOYER’S LIABILITY INSURANCE: As required by State of Iowa Workers’ Compensation Law, the CONTRACTOR shall procure and maintain Worker’s Compensation Insurance, including Employer’s Liability Coverage. The Workers’ Compensation Insurance shall be written with State of Iowa statutory limits. If, by Iowa Code Section 85.1A, the CONTRACTOR is not required to purchase Workers’ Compensation Insurance, the CONTRACTOR shall have a copy of the State’s Nonelection of Workers’ Compensation or Employers’ Liability Coverage form on file with the Iowa Workers’ Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Waiver of Subrogation in favor of the CITY is required as per paragraph 2.K. below. E. BUILDERS RISK INSURANCE: When the work required by the Contract is for new construction or a new addition to an existing structure, the CONTRACTOR shall purchase and maintain property insurance, a.k.a. Builder's Risk Insurance, in the amount of the initial bid amount or in an amount equal to the estimated value of actual building construction; whichever is less after excluding the cost of any public improvements such as sidewalks, curbs, gutters, parking lots, landscaping etc.. The policy shall be written on a replacement cost basis. Such property insurance shall be maintained until such work has been put to its intended purpose by the WRA with permission of the CONTRACTOR or upon final acceptance of the work by the WRA. The insurance shall include interests of the WRA, the CITY, the CONTRACTOR, subcontractors, and sub-subcontractors in the work. If the installation of boilers or other pressurized vessels or equipment is part of the work required by the contract or by law, the CONTRACTOR shall purchase Boiler and Machinery Insurance, as per Paragraph 2.G. below, unless Boiler and Machinery Insurance coverage is included in the CONTRACTOR’S Builders Risk Insurance policy, in which case, the CONTRACTOR’S Builders Risk policy may be used to satisfy the Boiler and Machinery Insurance requirement to the extent its coverage specifically covers such objects during installation, testing, and until final acceptance by the WRA. A Waiver of Subrogation in favor of the WRA and the CITY is required as per paragraph 2.K. below. F. INLAND MARINE INSURANCE / INSTALLATION FLOATER: When the work required by the Contract is for renovating an existing structure or installing equipment in or upon an existing structure, the CONTRACTOR shall purchase and maintain an Installation Floater during the life of this Contract. The Installation Floater shall cover all materials, fixtures, equipment, and supplies provided for the job including coverage for the property of others in CONTRACTOR’S care, custody, or control. Such insurance shall be on an “all risk” form in an amount equal to the maximum value of such materials, equipment, or supplies covered on the job site, off-premises at any temporary storage 28 location, or in transit, and shall include coverage for hoisting and rigging. The Installation Floater shall be maintained until final acceptance of the work by the WRA. If the CONTRACTOR’S Installation Floater covering the equipment and work has any deductible, the CONTRACTOR shall be responsible to pay the cost associated with the deductible. If the installation of boilers or other pressurized vessels or equipment is required by the contract or by law, the CONTRACTOR shall purchase Boiler and Machinery Insurance, as per Paragraph 2.G. below, unless Boiler and Machinery Insurance coverage is included in the CONTRACTOR’S Installation Floater, in which case, the CONTRACTOR’S Installation Floater may be used to satisfy the Boiler and Machinery Insurance requirement to the extent its coverage specifically covers such objects during installation, testing, and until final acceptance by the WRA. A Waiver of Subrogation in favor of the WRA and the CITY is required as per paragraph 2.K. below. G. BOILER AND MACHINERY INSURANCE: When the installation of boilers or other pressurized vessels or equipment is required by the Contract or by law, the CONTRACTOR shall purchase and maintain Boiler and Machinery Insurance during the life of this Contract. The insurance policy shall specifically cover such insured objects during installation, testing, and until final acceptance by the WRA and shall include the interest of the WRA and the CITY, CONTRACTOR, subcontractors, and sub- subcontractors in the work. The WRA, the CITY and CONTRACTOR shall be named insureds. Either a Builders Risk Insurance policy or an Installation Floater, if also required by the contract, may satisfy this requirement if Boiler and Machinery coverage is included in such coverage as per either Paragraph 2.E. or 2. F. above. A Waiver of Subrogation in favor of the WRA and CITY is required as per paragraph 2.K. below. H. ADDITIONAL INSURED ENDORSEMENT: The General Liability Insurance and Automobile Liability Insurance policies shall include the LIBRARY and CITY as Additional Insureds. The General Liability Insurance policy shall include standard ISO endorsements CG 20 26 07 04 and CG 20 37 07 04 or their ISO/non-ISO equivalents. The CONTRACTOR’S insurance shall be primary to that of the WRA and CITY and noncontributory to any other insurance or similar coverage available to the WRA or CITY whether the other available coverage is primary, contributing or excess. I. GOVERNMENTAL IMMUNITY ENDORSEMENT: The General Liability Insurance and Automobile Liability Insurance policies shall include the WRA and CITY Governmental Immunities Endorsement language as provided below. Standard ISO or insurance carrier “Waiver of Immunity” endorsements are not acceptable. DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the Des Moines Metropolitan 29 Wastewater Reclamation Authority and the City of Waukee, Iowa as Additional Insureds does not waive any of the defenses of governmental immunity available to the Des Moines Metropolitan Wastewater Reclamation Authority or the City of Waukee, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The Des Moines Metropolitan Wastewater Reclamation Authority and the City of Waukee, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the Des Moines Metropolitan Reclamation Authority or the City of Waukee, Iowa. 4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the Des Moines Metropolitan Wastewater Reclamation Authority or the City of Waukee, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the Des Moines Metropolitan Wastewater Reclamation Authority or the City of Waukee, Iowa. 5. No Other Change in Policy. The insurance carrier, the Des Moines Metropolitan Wastewater Reclamation Authority and the City of Waukee, Iowa agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. J. CANCELLATION & NONRENEWAL NOTIFICATION ENDORSEMENT: The Workers Compensation Insurance, General Liability Insurance and Automobile Liability Insurance policies shall include either a policy provision or endorsement providing the WRA and CITY with no less than thirty (30) days Advance Written Notice of Cancellation, forty-five (45) days Advance Written Notification for Nonrenewal and ten (10) days Written Notification of Cancellation due to non-payment of premium. Written notifications shall be sent to: • City of Waukee, City Clerk, Waukee City Hall, 230 W Hickman Rd, Waukee, Iowa 50263. • Des Moines Metropolitan Wastewater Reclamation Authority, Executive Director, 3000 Vandalia Rd, Des Moines, IA 50317 30 K. WAIVER OF SUBROGATION: To the fullest extent permitted by law, CONTRACTOR hereby releases the WRA and CITY from and against any and all liability or responsibility to the CONTRACTOR or anyone claiming through or under the CONTRACTOR by way of subrogation or otherwise for any loss without regard to the fault of the WRA or CITY or the type of loss involved including loss due to occupational injury. This provision shall be applicable and in full force and effect only with respect to loss or damage occurring during the time of this Contract. The CONTRACTOR’S policies of insurance shall contain either a policy provision or endorsement affirming the above stated release in favor of the WRA and CITY including their respective elected and appointed officials, agents, employees and volunteers, and others working behalf of each. L. PROOF OF INSURANCE: The CONSULTANT shall provide the following proof of insurance to the CITY: • Certificates of Insurance evidencing all insurance coverage as required in paragraphs A through H above utilizing the latest version of the ACORD form. The Certificate(s) of Insurance shall specify the Title of the Contract under “Description of Operations/Locations/Vehicle/Special Items” and indicate Waiver of Subrogation by marking the corresponding boxes on COI and/or including a statement of compliance under Description of Operations. • A copy of the Cancellation and Nonrenewal Notification Endorsement or its equivalent as required in paragraph 2.J. above. • Copies of Additional Insured Endorsements ISO CG 20 26 07 04 and ISO CG 20 37 07 04 or their equivalents as required in paragraph 2.H. above. Mail Certificates of Insurance to: • City of Waukee, Waukee City Clerk, Waukee City Hall, 230 W Hickman Rd, Waukee, Iowa 50263. • Des Moines Metropolitan Wastewater Reclamation Authority, Executive Director, 3000 Vandalia Rd, Des Moines, IA 50317 M. AGENTS AND SUBCONTRACTORS: The CONTRACTOR shall require all its agents and subcontractors who perform work and/or services on behalf of the CONTRACTOR to purchase and maintain the types of insurance customary to the industry or trade related to the services being provided. 3. INDEMNIFICATION REQUIREMENTS To the fullest extent permitted by law, CONTRACTOR agrees to defend, pay on behalf of, indemnify, and hold harmless the WRA and CITY against any and all claims, demands, suits, damages or losses, together with any and all outlay and expense connected therewith including, but not limited to, attorneys’ fees and court costs that may be asserted or claimed against, recovered from or suffered by the WRA or CITY by reason of any injury or loss including, but not limited to, personal injury, bodily injury including death, property damage including loss of use thereof, and economic damages that arise out of or are in any way connected or associated with CONTRACTOR’S work or services under this Contract, including that of its officers, agents, employees, subcontractors and others under control of CONTRACTOR, except to the extent caused by or resulting from the negligent act or omission of the WRA or 31 CITY or the WRA’S or CITY’S employees, consultants, agents or others for whom the WRA or CITY is responsible. CONTRACTOR’S obligation to indemnify the WRA and CITY contained in this Contract is not limited by the amount or type of damages, compensation or benefits payable under any workers’ compensation acts, disability benefit acts, or other employee benefits acts. The WRA and CITY shall not be liable or in any way responsible for any injury, damage, liability, claim, loss or expense incurred by CONTRACTOR arising out of or in any way connected or associated with CONTRACTOR’S work, including that of its officers, agents, employees, subcontractors and others under control of CONTRACTOR, except to the extent caused by or resulting from the negligent act or omission of the WRA or CITY or the WRA’S or CITY’S employees, consultants, agents or others for whom the WRA or CITY is responsible. CONTRACTOR expressly assumes responsibility for any and all damage caused to WRA property arising out of or in any way connected or associated with CONTRACTOR’S work or services under this Contract, including that of its officers, agents, employees, subcontractors, and others under control of CONTRACTOR. CONTRACTOR shall ensure that its activities on WRA property will be performed and supervised by adequately trained and qualified personnel and CONTRACTOR will observe all applicable safety rules. "/ URBANDALE CLIVE WAUKEE LS #7 Existing WaukeeLift Station No. 7 Starting point of existingClive/District Trunk Seweras described in the agreement USSDWalnut CreekTrunk Sewer WRA GrimesConnector SewerNE Outfall Sewer to be constructedas described in the agreementWESTGATE PKWY. NW 177TH CT. CREEKSIDE DR. VALLEYVIEW DR. TOWN S E N D D R . 30" 30" 30" 30" # # # # NE Outfall Sewer to be constructedas described in the agreement Existing Clive/District Trunk Seweras described in the agreement Terminus of sewersdescribed in the agreement Enter Clive/DistrictTrunk Sewer at MH-24 Intersection withClive/District Trunk Sewerat MH-28 Exit Clive/DistrictTrunk Sewer at MH-22 Intersection withClive/District Trunk Sewerat MH-9 15 6 t h S T . MEREDITH DR. DOUGLAS PKWY. BE R K S H I R E P K W Y . 14 7 t h S T . TANGLEWOOD DR. NE W E S T G A T E D R . 14 9 t h S T . 16 1 s t S T . NW 1 6 4 t h S T . NE BOWMA N D R . 16 3 r d S T . 14 8 t h S T . N. W A R R I O R L N . SUTTON DR. 16 2 n d S T . 15 9 t h S T . MAPLE ST. 179 T H S T . BUENA VISTA DR. 284th LN. NE FOX RUN TRL. AURORA AVE. VALLEYVIE W D R . NE BOBCAT DR. NE DOUGLAS PKWY. CH R 3 0 A L I C E ' S R D . 15 5 t h S T . N W 1 8 1 S T S T . HICKORY DR. RIDGEMONT D R . 1 5 2 n d S T . 1 4 6 t h S T . DELLWOOD DR. 270th ST. ALPINE DR. AIRLIN E D R . NE B A D G E R L N . NW 1 6 7 t h S T . CH R 3 0 W A V E . A L I C E ' S R D . CH R 3 0 1 7 0 t h S T . BOSTON PKWY. 1 4 5 t h S T . AURORA D R . WINSTON AVE. 15 0 t h S T . NW 1 6 9 t h S T . OAKWO O D D R . MAPLE DR. 161 s t C T . 15 5 t h C I R . 16 7 T H S T NW 1 5 9 t h S T . NE A D D I S O N D R . NW 1 5 8 t h S T . NW 1 5 7 t h S T . N W 1 5 2 n d S T . NW 1 S T S T . OAK BROOK DR. MONROE CT. NE W I L D E N D R . PRAIRIE DR. NW 1 6 5 t h S T . AUR O R A C T . TOWNSEND AVE. N W 1 6 1 s t S T . WILDEN DR. SHARON DR. 15 4 t h S T . 16 0 t h S T . GOODMAN DR. BAXTER DR. NE COYOTE DR. N. W A R R I O R L N . 1 8 4 t h S T . PRAIRIE AVE.WINSTO N C I R . NE A R C H E R A V E . CLEARVIEW LN. NE MERIDIAN DR. 14 4 t h S T . 15 3 r d S T . OAKBROOK DR. NE TRAVERSE DR. 15 8 t h S T . NW 1 5 4 t h S T . PHOENIX DR. 17 2 N D W A Y 15 7 t h S T . NE GRACEWOOD DR. NW 1 5 4 t h C T . NE R E D W O O D B L V D . NW G R A C E W O O D D R . AIRLINE AVE. MADISON DR. N W 1 6 9 T H S T . N W 1 6 6 t h C T . B R O O K S H I R E D R . WILDON DR. NE M A C E Y W A Y NE DELLWOOD DR. NW PIKE CIR. 17 1 s t S T . NE PRAIRIE WOLF DR. NW 1 5 5 t h C T . NE C O N N E R C T . NW 1 5 5 t h S T . 17 2 n d S T . 15 1 s t S T . 146th CIR . N W 1 7 1 s t C T . NE 275th CT. 17 8 T H S T . 15 6 t h C T . 16 3 r d S T . 162nd S T . 15 5 t h S T . GOODMAN DR. 15 9 t h S T . 16 1 s t S T . MAPLE DR. 15 0 t h S T . 1 4 5 t h S T . 14 8 t h S T . BROOKSHIRE DR. 155 t h S T . WILDEN DR. 14 5 t h S T . 15 4 t h S T . MAPLE D R . 16 2 n d S T . RIDGEM O N T D R . CLEARVIEW LN. 1 4 9 t h S T . 14 9 t h S T . ALPINE DR. 161st S T . 15 2 n d S T . OAKWOOD DR. BOSTON P K W Y . N. W A R R I O R L N . 1 4 8 t h S T . 1 6 0 t h S T . 14 7 t h S T . WILDE N D R . 1 4 6 t h S T . 16 0 t h S T . 15 7 t h S T . 15 1 s t S T . MONR O E C T . WINSTON AV E . 14 6 1 5 3 r d S T . 14 7 t h S T . 14 7 t h S T . N. W A R R I O R L N . 144 t h S T . 1 5 2 n d S T . 153 r d S T . NE DOUGLAS PKWY. CH R 3 0 A L I C E ' S R D . DELLWOOD DR. WILDE N D R . 162n d S T . 16 2 n d S T . NW 1 6 7 t h S T . 1 5 4 t h S T . NW 1 6 4 t h S T . 15 0 t h S T . 15 5 t h S T . DELLWOOD DR. 15 4 t h S T . 16 3 r d S T . 15 6 T H S T MEREDITH DR 15 2 N D S T NW 1 6 4 T H S T N/A 16 2 N D S T HICKORY DR 154TH ST 16 0 T H S T 1 4 7 T H S T AL P I N E D R WINSTON CT 148 T H S T ILTIS DR MEREDITH DR 1 4 7 T H S T N/A 1" = 1000' 0 1,000500 Feet ± PROJECT NO. 275353DECEMBER 13, 2022 CITY OF WAUKEE, IOWAWAUKEE NORTHEAST OUTFALL SEWEREXHIBIT A Existing Clive/Distr ST i . ct Trunk Sewer (10,540 LF) Waukee NE Outfall Sewer(18,500 LF ) LEGEND RESOLUTION NO. 900-031 RESOLUTION APPROVING RESTATED 28E AGREEMENT REGARDING JOINT TRUNK SANITARY SEWER WITH THE URBANDALE SANITARY SEWER DISTRICT AND AUTHORIZING FINAL PAYMENT FOR JOINT TRUNK SANITARY SEWER LINES CONSTRUCTED WHEREAS, on March 25, 1993, the City of Clive ( "Clive ") and the Urbandale Sanitary Sewer District ( "USSD ") entered into a 28E Agreement regarding the design, construction and allocation of costs for various joint sanitary sewer trunk lines serving the Walnut Creek and Little Walnut Creek watersheds ( "Original Agreement "); WHEREAS, Clive and USSD now desire to enter into a Restated 28E Agreement Regarding Joint Trust Sanitary Sewer, which shall amend, restate and replace the Original Agreement in its entirety (the "Restated 28E Agreement "), and Clive intends to pay to USSD the final payment for the joint trunk sanitary sewer lines constructed as set forth in Exhibit B to the Restated 28E Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLIVE, IOWA: The Restated 28E Agreement is hereby approved by the Clive City Council, and the Mayor is authorized to execute such Agreement on behalf of the City of Clive, and the City Clerk to attest to his signature, and the City Clerk is hereby authorized to tender payment from Clive to USSD for the final payment for the joint trunk sanitary sewer lines constructed as set forth in the Restated 28E Agreement. PASSED AND APPROVED this I7±5day of ATTEST: 611,414114.4---N Pamela L. Blessman, City Clerk 4A APIA 2013. 1 By: ,L:! ._J Scottit sena, yyor EXHIBIT B Matt Schultz Secretary of State State of Iowa 28E Agreement FILED M505853 1/18/2013 4:43:45 PM PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: Item 2. The type of Public Service included in this agreement is: 370 Other Public Works Enter only one Service Code and Description) Code Number Enter "Other" if not in Iowa Service Description Item 3. The purpose of this agreement is: (p/ease be specific) Restate agreement in its entirety regarding the various sanitary trunk sewer lines serving Walnut Creek and Little Walnut Creek watersheds. Item 4. The duration of this agreement is: (check one) Agreement Expires 1/17/2037 mm /dd /yyyy] Elndefinite Duration Item 5. Does this agreement amend or renew an existing agreement? (check one) NO YES Filing # of the agreement: L004838 Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www.sos.state.ia.us /28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Cortum FIRST Name Joyce Title Deputy City Clerk Department Deputy City Clerk Email jcortumacityofclive.com Phone 515 - 223 -6220 Full Legal Name Organization Type County Party 1 City of Clive City Polk Party 2 Urbandale Sanitary Sewer District Regional or District Polk Party 3 Party 4 Party 5 Item 2. The type of Public Service included in this agreement is: 370 Other Public Works Enter only one Service Code and Description) Code Number Enter "Other" if not in Iowa Service Description Item 3. The purpose of this agreement is: (p/ease be specific) Restate agreement in its entirety regarding the various sanitary trunk sewer lines serving Walnut Creek and Little Walnut Creek watersheds. Item 4. The duration of this agreement is: (check one) Agreement Expires 1/17/2037 mm /dd /yyyy] Elndefinite Duration Item 5. Does this agreement amend or renew an existing agreement? (check one) NO YES Filing # of the agreement: L004838 Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www.sos.state.ia.us /28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Cortum FIRST Name Joyce Title Deputy City Clerk Department Deputy City Clerk Email jcortumacityofclive.com Phone 515 - 223 -6220 EXHIBIT B WHEN RECORDED RETURN TO: Pamela L. Blessman Clive City Clerk 1900 NW 114th Street Clive, Iowa 50325 -7077 Preparer Information: James C. Wine, 700 Walnut Street, Suite 1600, Des Moines, Iowa 50309 Phone (515) 283 -3100 RESTATED 28E AGREEMENT REGARDING JOINT TRUNK SANITARY SEWER THIS AGREEMENT, made and entered into this 1 `7`day of 1, 4..Uti' 2012, by and between the URBANDALE SANITARY SEWER DISTRICT, sanitary ,r wer district organized and existing under Chapter 358 of the Iowa Code ( "USSD "), and the CITY OF CLIVE, IOWA, an Iowa municipal corporation ( "Clive "). WITNESSETH: WHEREAS, on March 25, 1993, USSD and Clive entered into a 28E Agreement Original Agreement ") setting forth their agreements with respect to the design, construction and allocation of costs of the various sanitary trunk sewer lines to serve the Walnut Creek and Little Walnut Creek watersheds. WHEREAS, all of the joint sanitary trunk sewer lines contemplated by the Original Agreement have now been constructed, with the exception of the segment of the sanitary trunk sewer lines designated as Segment 7 -10, which may be constructed at a future date. Additionally, the USSD and Clive also now anticipate that Segment 7 -5 and Segment 7 -11 may be constructed at a future time. WHEREAS, the parties now desire to restate the Original Agreement in its entirety, incorporating therein all previous amendments thereto. NOW, THEREFORE, it is agreed by and between the parties as follows: 1. 28E Agreement. This Agreement is entered into in accordance with the provisions of the Code of Iowa, Chapter 28E. This Agreement shall restate and supersede the Original Agreement, as amended, in its entirety. The purpose of this Agreement is to document the agreements of USSD and Clive in regard to the construction of a sanitary trunk sewer line system to serve both USSD and Clive. This Agreement shall not be construed to create any separate legal or administrative entity. After execution by the parties, this Agreement shall be filed with the Iowa Secretary of State in accordance with the provisions of Iowa Code § 28E.8. 2. Definitions. The following terms shall have the meanings set forth herein for the purposes of this Agreement: EXHIBIT B a) "Service Areas" for USSD and Clive are identified on the USSD /Clive Joint Trunk Sewer Map, attached hereto as Exhibit A and incorporated herein by this reference. For USSD, its Service Area shall be deemed to include the "Proposed USSD Expanded Service Area." b) "Project Costs" of a particular trunk line or Segment, as hereinafter defined, shall mean and include the cost of construction, contingency, engineering services (including design and construction), surveying and testing, administrative expenses, legal expenses and easement and right -of -way acquisition. The actual Project Costs for each completed Segment are set forth on Exhibit B, attached hereto. c) "Proportional Basis" refers to an allocation of costs to the parties in proportion to their respective projected or actual, as the case may be, average daily flows in the particular Segments of which the costs are to be allocated. d) "Incremental Basis" refers to an allocation of costs to the parties whereunder the costs of the particular Segment are first allocated to the constructing party with the additional costs to serve one or more Segments in the other party's Service Area then allocated to the benefited party, but in no event shall the additional cost allocated to the party be less than the difference between the construction cost of the Segment as constructed and the estimated construction cost of the Segment of the next smaller size sewer pipe. e) "Study" refers to the "Urbandale Sanitary Sewer District -City of Clive Trunk Sewer Pre - Design Study," as amended. 3. Completed Segments: Summary of Project Costs and Allocations. a) Allocations of Project Costs. Exhibit B, attached hereto, identifies each Segment" of the completed sanitary trunk sewer line system by the name of the construction project and by a Segment number, which Segment is also identified on USSD /Clive Joint Trunk Sewer Map, attached hereto as Exhibit A. The following information is also set forth in Exhibit B for each Segment: (i) actual Project Costs, (ii) the initial cost sharing basis Proportional/Incremental) for each Segment, (iii) the initial cost sharing percentage for Clive and the portion of the actual Project Costs allocated to Clive, (iv) the initial cost sharing percentage for USSD and the portion of the actual Project Costs allocated to USSD, (v) the final cost sharing basis (Proportional /Incremental) for each Segment, (vi) the final cost sharing percentage for Clive and the portion of the actual Project Costs allocated to Clive, and (vii) the final cost sharing percentage for USSD and the portion of the actual Project Costs allocated to USSD. b) Capacity Allocations. Exhibit C, attached hereto, identifies the capacity allocations for each Segment, after reallocation based on actual flows. 4. Extension into Existing Clive Service Area. The remaining Segments of the USSD sanitary trunk sewer line system that may be constructed within Clive's existing Service Area are Segments 7 -10 and 7 -11 which would extend from Segment 7 -4 and Segment 7 -5 to 2 EXHIBIT B USSD's boundary limits, as shown on Exhibit A. As outlined in Exhibit C, USSD has 0.91 MGD of capacity within Segment 7 -4. USSD may utilize their entire flow allocation in one Segment or divide it between Segments 7 -10 and 7 -11, provided USSD does not exceed its total allocated capacity within Segment 7 -4. Segment 7 -10 shall be solely constructed by and allocated to the USSD. Segment 7 -5 and Segment 7 -11 are dependent on development, Clive and USSD will mutually agree as to which party will take responsibility for design, construction and timing of the extensions of Segments 7 -5 and Segment 7 -11. 5. Capacity Limitation Agreement. Clive and USSD agree that no further joint expansions of the sanitary trunk sewer line system shall be made pursuant to this Agreement. Clive and USSD further agree not to exceed the agreed upon flow allocations applicable to each party. In the event either Clive or USSD exceeds its flow allocation, the party exceeding its flow allocation shall take measures to control its flows in order that their allocation is not exceeded, and the costs of such measures shall be solely the cost of the party that exceeded its flow allocation. The parties agree that the timing of the implementation of such measures to control flow in excess of allocations shall be determined at the annual meeting, as set forth in Section 9 of this Agreement, or at a special meeting of the parties, which special meeting may be called by either party upon seven (7) days written notice. The timing of the implementation of such measures to control flow in excess of allocations may be the subject of a separate agreement between the parties. Clive and USSD agree that the flow allocations restrictions referred to herein shall not apply to Segments 1, 2, 3 4 or 5 which have been transferred to the WRA pursuant to the Amended and Restated Agreement for the Des Moines Metropolitan Wastewater Reclamation Authority. Thus, only Segment 6 remains affected by this capacity limitation since the sewer area for Segment 7, and upstream reachs are not large enough for USSD or Clive to exceed their capacity allocations. In the event the USSD constructs a sewer parallel to Segment 6 to limit its flow in Segment 6 so as not to exceed its capacity, then the provisions of this Paragraph 5 would not be applicable even though the total flow in Segment 6 (original and parallel sewer) would exceed the stated capacity. 6. Flow Reporting and Payment to WRA. a) Existing Meter. At the date of this Agreement, there is one (1) meter in use, identified on Exhibit A as Meter U -6. Meter U -6 generally measures flows from the portion of the Service Area located north of Hickman Road. b) New Meters. The parties have established future meter locations which are identified as Meters C -3, C -4, C -5 and U -7 on Exhibit A (collectively, the "New Meters "). Upon request of either Clive or USSD or upon the inability of Clive and USSD to agree on the flow allocation of Meter U -6 for any twelve (12) month period, New Meters shall be installed at each location to measure the flows from the portion of the Service Area served by the trunk sewer line being metered. The intent of the parties is to have the Wastewater Reclamation Authority (the "WRA ") install and administer the New Meters. The cost of each New Meters shall be paid by the party whose flows are being metered. Operating cost may be paid for by the WRA or allocate the cost back to the community. 3 EXHIBIT B c) Reporting Based on Usage. Clive and USSD agree that until one of the parties requests the New Meters to be installed or until the parties are unable to agree upon the flow allocation of Meter U -6 for any twelve (12) month period, they shall calculate and report annual flows for the areas that are in their respective Service Areas based upon water usage. The annual report of flows shall be submitted to WRA not later than December 31 of each year, or the date on which the WRA requires flows to be submitted for the purposes of allocating flows for the subsequent year. Water usage shall be determined based upon water meter usage records for all portions of the party's Service Area that have been developed and have been connected to the sanitary trunk sewer line system. This proportion or allocation shall be used to proportion the WRA metered flow. Thus, the intent of the proportion is to also allocate any extraneous flow to each community based on its percentage of the total water usage. For purposes of this Agreement, development shall be deemed to have occurred when a certificate of occupancy has been issued for a structure in the applicable portion of the Service Area. In the event that Clive and USSD are unable to agree on the flow allocation of Meter U -6 for any twelve (12) month period, the parties agree the percentage allocation for that period shall be the same as for the preceding reporting period. A failure to agree on the flow allocation of Meter U -6 shall be deemed to be a request for the installation of the New Meters. The allocation of flows last agreed upon by the parties shall continue until such time as the actual flows are determined by the installation of the New Meters. d) Flow Allocation by WRA. It is the intent of Clive and USSD that flows will be reported to the WRA to allow WRA to allocate the flows from Clive and USSD in the annual allocation of budgetary costs by the WRA. e) Allocation of Flow. The flows allocated to USSD for Meter U -6 shall be according to the following: USSD flows equal flows at Meter U -6 less the flows at Meter C -3, Meter C -4, Meter C -5 and Meter U -7. In the event flow meters are not actually located at any or all of the designated meter sites, the flows shall be determined on the basis of water usage. 7. Maintenance and Repairs. a) Sections Under WRA Operation. For Segment 1, 2, 3, 4 and 5 and any other lines operated by WRA, all maintenance and repair and other operational shall be performed by the WRA. All costs are to be paid by WRA. b) Joint Segments Not Under WRA Operation. USSD shall be responsible for performing the maintenance and repairs for the joint Segments located within the corporate limits of the City of Urbandale, and Clive shall be responsible for performing maintenance and repairs for the joint Segments located within the corporate limits of the City of Clive. Actual costs for maintenance and repairs shall be allocated between Clive and USSD based on average 4 EXHIBIT B daily flows for each Segment, if such Segment is metered, or by estimated flows based on actual connections. c) Approval of Repairs. The party responsible for performing the maintenance shall provide notice to the designated contact person for the other party if emergency repairs are required. The designated contact person for USSD shall be the Urbandale Director of Public Works and the designated contact person for Clive shall be the Director of Public Works. All amounts projected to be spent in the upcoming fiscal year for routine maintenance shall be reported to the other party not later than November 1 of each year in order that the other party's portion of the routine maintenance costs may be included in the budget for the other party. d) Definition of Repairs. The parties agree that repair and maintenance shall not include (a) reconstruction of the trunk sewer line by removing and replacing any portion of the trunk sewer lines from one manhole to the next manhole, (b) upsizing a trunk sewer line or otherwise increasing the capacity of an existing sewer line, or (c) constructing a parallel or relief trunk sewer line. Any reconstruction, upsizing or construction of a parallel or relief trunk sewer line within the Service Area must be performed pursuant to a separate agreement to be entered into by the parties. 8. Reciprocal Option to Purchase Capacity. Each party retains the option to purchase unused capacity from the other party upon such terms and conditions as may be negotiated by the parties. 9. Annual Meeting. If called by one or both parties, an annual meeting shall be held in November to review actual flows in the system, land development activity in Clive and Urbandale and the impact of development on the flows. Information that shall be reviewed at the meeting shall include: (a) the acres within the Service Area that have been platted or for which building permits have been issued, if platting was not required prior to development, since the last annual meeting; (b) zoning changes; (c) actual water usage; (d) projected peak flows; and (e) a comparison of these flows to the flow allocation for each community. 10. Term. The duration of this Agreement shall be for a period of twenty -five (25) years from and after the date of this Agreement, provided, however, that with the consent of both parties the duration may be extended. This Agreement may be terminated only by unanimous consent of USSD and Clive. 11. Notice. Any notice or demand desired or required to be given hereunder shall be in writing and deemed given when personally delivered or when deposited in the United States mail, postage prepaid, sent certified or registered, and addressed as follows: a) If to USSD, to: President, Urbandale Sanitary Sewer District Urbandale Public Works and Development Building 8600 86th Street Urbandale, Iowa 50322 5 EXHIBIT B Copy to: Paul Drey, Attorney for USSD Brick Gentry P.C. 6701 Westown Parkway, Suite 100 West Des Moines, Iowa 50266 b. If to Clive, to: City Manager City Hall 1900 N.W. 114th Street Clive, Iowa 50325 Copy to: Director of Public Works City of Clive 2123 NW 111th Street Clive, Iowa 50325 or to such other address or person as hereafter shall be designated in writing by the applicable party. 12. Miscellaneous. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all negotiations, preliminary agreements and all prior and contemporaneous discussions, agreements and understandings of the parties in connection with the subject matter hereof. No amendment, change or modification of any of the terms, provisions or conditions of this Agreement shall be effective unless made in writing and signed by all parties. Waiver of any provision of this Agreement shall not be deemed a waiver of future compliance therewith and such provision shall remain in full force and effect. In the event any provision of this Agreement is held invalid, illegal or unenforceable, in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall continue to be valid and enforceable. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective legal representatives, heirs, successors and permitted assigns. Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties hereto (and their respective heirs, legal representatives, successors and permitted assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement. In addition to any other remedies available at law or in equity to the parties hereto with respect to a breach hereof, the parties hereto each reserve the right to enforce this Agreement by specific performance. The titles or captions of paragraphs in this Agreement are provided for convenience of reference only, and shall not be considered a part hereof for purposes of interpreting or applying this Agreement and such title or captions do not define, limit, extend, explain or describe the scope or extent of this Agreement or any of its 6 EXHIBIT B terms or conditions. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. Each of the parties hereto hereby irrevocably waives all right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS.) 7 EXHIBIT B IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first above written. Attest: Name: William Henry Title: Clerk A TEST: rit/n/1710,r Pamela L. Blessman, City Clerk 8 URBANDALE SANITARY SEWER DISTRICT By: Name: Joseph Sassatelli Title: President CIT WA By co irksena, Mayor EXHIBIT B STATE OF IOWA ) ss: COUNTY OF POLK ) On this II/ 1' day of Qeee•nl t , 2012, before me,11.u1 0,1 rzy , a Notary Public in and for the State of Iowa, personally appeared Joseph Sassatelli and William Henry, to me personally known, and, who being by me duly sworn, did say that they are the President and Clerk, respectively, of the Urbandale Sanitary Sewer District; 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 Board of Directors, and that President and Clerk acknowledged the execution of said instrument to be their voluntary act and deed and the voluntarily act and deed of the corporation, by it voluntarily executed. r: STATE OF IOWA ) ss: COUNTY OF POLK ) G. cy" Notary Public in and for the State of Iowa My commission expires: r -»,s On this 186 day o , 20, before meayCeathuna Notary Public in and for the State of Iowa, persona y appeared Scott Cirksena and Pamela L. Blessman, to me personally known, and, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Clive, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation; and that the instrument wa i %V and sealed on behalf of the corporation, by authority of its City Council, as contained in No 2013 -0 imssed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the nit day of , 201- and that Scott Cirksena and Pamela L. Blessman acknowledged the exec tion of said instrument to be their voluntary act and deed and the voluntarily act and deed of the corporation, by it voluntarily executed. o ku .r.• JOYCE A. CORTUM Commission Number 153397 r._* My Commission ExpiresW' October 5, 2013 t Public in and for the State of Iowa My commission expires: /0 —f5--0 9 EXHIBIT B 2505, S1 Exhibit A a. t 51 as a4tltn SI 44 14.44 Legend WRA Joint Trunk Sewer Joint Trunk Sewer USSD Trunk Sewer Future USSD Trunk Sewer Future Clive Trunk Sewer Clive Service Area Urbandale Sanitary Sewer District Proposed Service Area Waukee 6 i45tS 45 n. 7 -10 7-11 7 =5 n Hickman Rd 1.•, wDe S u a 8 7=4 C47 -30 7:2 0 78 C -5 V•• wn St, SMKitlr 5 ° 4 E Mry• ar•SS S1 7-1 15' R` 1/1.10•604, D2 U -T SW 151 S1 on , E15151 44 1N2 (008 A•5 EN e " pp' i NW •JnJ A.• SW 4, 11, Si SE 17. 51 MW 42-41 Stott 0 3= 1.- 0_ 3-2 CY•ichma R0 Mot •dt• M 5 11 E SE 1414 St 0414Nn. Ls W,ndan• PSS w 42.4 41n' i EXHIBIT B 423,965.46 1 2.48 1 0.911 3.39 1 Incr 1 0.84131 $ 356,684.26 10.15631 $ 66,279.20 1 Incr 1 0.84131 $ 356, 684.83 J0.15631 $ 66,279.20 I Exhibit B USSD /CLIVE JOINT TRUNK SEWER COST SHARING FOR COMPLETED PROJECTS MEMORIALIZED: 2012 Trunk Sewer Reaches Actual Final Project Cost Caeacity Allocation Initial Cost Share Final Cost Share Const. Project Segm't Const. Non- Const. Total Cost Clive Urbandale Total Cost Clive USSD Cost Clive USSD Basis Basis Joint Trunk 1 3,652,727.00 482,811.00 4,135,538.00 8.23 9.97 18.2 Prop. 0.4520 1,869,263.18 0.548 2,266,274.82 0.452 1,869,263.18 0.548 2,266,274.82 Joint Trunk 1 - 1 36,600.00 11,300.00 47,900.00 0 Prop. 1.0000 47,900.00 0.000 1.000 Joint Trunk 1 -2 2,030.00 1,000.00 3,030.00 0 Prop. 0.0000 1.000 3,030.00 Joint Trunk 2 741,475.00 101,781.00 843,256.00 4. 6 6.9 11.5 Prop. 0.4000 337,302.40 0.600 505,953.60 0.400 337,302.40 0.600 505,953.60 4,432,832.00 $ 596,892.00 $ 5,029,724.00 2,254,465. 58 $ 2,775,258.42 1,869,263.18 2,772,228.42 Walnut Cr Trunk 3 391,773.00 66,559.00 458,332.00 3.35 5.16 8.51 Incr. 0.2310 105,874.69 0.789 352,457.31 Prop. 0.400 183,332.80 0.600 274,999.20 Walnut Cr Trunk 3 -1 131,631.00 131,631.00 3.24 2.18 5. 4 Incr. 0.1060 13,952.89 0.894 117,678.11 Prop. 0.1060 13,952.89 0.894 117,678.11 WalnutCrTrunk 3 - 2 181,342.00 181,342.00 2.63 0.81 3.44 Incr. 0.1060 19,222.25 0.894 162,119.75 Prop. 0.1060 19,222.25 0.894 162,119.75 Walnut Cr Trunk 4 192,192.78 37,623.00 228, 874.87 2.96 4.64 7. 6 Incr. 0.1770 40,510.85 0.827 189,279.52 Prop. 0.390 89,261.20 0.610 139,613.67 Walnut Cr Trunk 5 227,552.00 46,876.00 273,090.92 3.25 3.25 6. 5 Incr. 0.1320 36,048. 00 0.868 237,042.92 Prop. 0.500 136,545.46 0.500 136,545.46 1,124,490.78 $ 1,273,270.79 215,608. 68 $ 1,058,577.61 442,314.60 $ 830,956.19 Walnut Cr Trunk 6 306,781.00 98,669.97 405, 450.97 4.16 12.14 16.3 Prop. 0.2552 103,471.09 0.7448 301,979.88 Prop. 0.2552 103,471.09 0.7448 301,979.88 Walnut Cr Trunk 7 112,244.00 36,101.04 148,345.04 4.65 5.55 10.2 Prop. 0.4558 67,615.67 0.5442 80,729.37 Prop. 0.4558 67,615.67 0.5442 80,729.37 WalnutCrTrunk 7 - 1 209,712.00 67,449.67 277,161.67 3.15 3.85 7 Incr. 0.1764 48,891.32 0.8236 228,270.35 Prop. 0.4500 124,722.75 0.550 152,438.92 WalnutCrTrunk 7 - 2 113,895.00 36,632.05 150,527.05 3. 2 3.91 7.11 Incr. 0.1918 28,871.09 0.8082 121,655.96 Prop. 0.4500 67,737.17 0.550 82,789.88 WalnutCrTrunk 7 - 3 54,942.00 17,671.00 72,613.00 2.48 3.42 5.9 Incr. 0.2029 14,733.18 0.7971 57,879.82 Prop. 0.4200 30,497.46 0.580 42,115.54 WalnutCrTrunk 7 -8 117,257.00 37,713.37 154,970.37 1.2 0. 3 1. 5 Incr. 0.0689 31,443.49 0.9311 144,292.91 Prop. 0.9311 144,292.91 0.0689 10,677.46 WalnutCrTrunk 8 466,103.00 149,912.71 616,015.71 0 N/A 0.0000 1.0000 616,015.71 N/A 0.0000 1.000 616,015.71 WalnutCrTrunk 9 244,496.00 78,637.25 323,133.25 0 N/A 0.0000 1.0000 323,133.25 N/A 0.0000 1.000 323,133.25 10,634.51 1,873, 957.25 980,651.85 1,609,880.00 Walnut Cr Trunk 7-4 330,699.00 $ 93,266.46 Reimbursable amount for Segs 3 thru 7 - 8 $ 470,017.13 Reimbursement Payment for Seg 3 $ 77,767.11 Reimbursement payment for Seg 4 & 5 $ 150,203.79 Final flow adjustment from former WRA meter C -3 $ 50,992.00 Total Payments that includes flow adjustment for WRA meter C -3 $ 278,962.90 Clive reimbursable amount for Seg 6, 7,7- 1.7 - 2,7 -3 & 7 -8 $ 191,054.23 USSD Reimbursable amount to Clive for Segment 7- 4 $ 66 279.20 Final reimbursement amount to the USSD after Segment 7- 4 cost is deducted $ EXHIBIT B Exhibit C USSD /CLIVE JOINT TRUNK SEWER FINAL CAPACITY ALLOCATIONS Trunk Sewer Reaches Capacity Allocation Const. Project Segm't Total mgd) Clive mgd) rbandal o Joint Trunk 1 8.23 0.45 9.97 0.55 18.2 Joint Trunk 1 - 1 0 Joint Trunk 1 -2 0 Joint Trunk 2 4. 6 0. 4 6.9 0.600 11.5 Walnut Cr Trunk 3 3.35 0.40 5.16 0.60 8.6 Walnut Cr Trunk 3 -1 3.24 0.60 2.16 0.40 5.4 Walnut Cr Trunk 3 -2 2.63 0.76 0.81 0.24 3.44 Walnut Cr Trunk 4 2.96 0.39 4.64 0.61 7.6 Walnut Cr Trunk 4 -1 0 0 3. 6 1 3.6 Walnut Cr Trunk 5 3.25 0.5 3.25 0.50 6. 5 Walnut Cr Trunk 6 4.16 0.26 12. 14 0.74 16.3 Walnut Cr Trunk 6 -1 0 0 1.3 1 1.3 Walnut Cr Trunk 6 -2 0 0 1.4 1 1.4 Walnut Cr Trunk 7 4.65 0.46 5.55 0.54 10.2 Walnut Cr Trunk 7 -1 3.15 0.45 3.85 0.55 7 Walnut Cr Trunk 7 -2 3. 2 0.45 3.91 0.55 7.11 Walnut Cr Trunk 7 -3 2.48 0.42 3.42 0.58 5.9 Walnut Cr Trunk 7 -4 2.48 0.73 0.91 0.27 3.39 Walnut Cr Trunk 7 -8 1.2 0.8 0.3 0.20 1.5 Walnut Cr Trunk 8 0 0 6.3 1 6.3 Walnut Cr Trunk 9 0 0 6 1 6 Data source: 6/10/2002 V &K Letter EXHIBIT B ti 770th St Legend WRA Joint Trunk Sewer Joint Trunk Sewer USSD Trunk Sewer Future USSD Trunk Sewer Future Clive Trunk Sewer Clive Service Area Urbandale Sanitary Sewer District 240111 St 250th St N 44 240th 5t a 250th St 44 . IA -44 NW 62nd Ave SW 1st St S S . Grimes E 1st St SW 17th S1 SE 37th 5t t'u' 7 210 7 -11 1 e `7 =5 4 0 • Mereditt, Dr Tan yl etc LUq r 7 -4 44 NW 70th Ave c 141 SE 14th St CI Catalina Dr saw u: N MN 62nd Ave 5 0 y - Windcur Pky 141 nr,tt„ A•.F rn Ao., ton Fky Sheridan P4" 290th St Proposed Service Area fi Hickman Rd E Hwy 6 1a u 1 St ,.1 P. a Waukee c o E o m a 1 h',-, f 2 x Ile 3 =1 o3 -2 C' ifkman Rd I6-1 tenet`. 3 Fic+.a Ekltl i?Il t1W 54t1, Ave Nu,tnpa,v 0 0 t r EXHIBIT B Public Works Cliveil-TC To: Mayor Cirksena, City Council Members and Dennis Henderson From: Bart Weller, Director of Public Works Date: January 8, 2013 Re: Restated 28E Agreement, Urbandale Sanitary Sewer District -Clive Joint Trunk Sewer First order of business is to provide you all a brief history behind the USSD /Clive Joint Trunk Sewer System. In June of 1992 Clive and the Urbandale Sanitary Sewer District (USSD) entered into a 28E agreement to have a consultant evaluate a sanitary sewer trunk system west of Interstate 35/80 within the Walnut Creek and Little Walnut Creek watersheds. After the completion of the study the consultant provided a recommendation on a joint sewer trunk sewer system to the communities and those recommendations were approved by both communities. In March of 1993 a second 28E agreement was entered into with respect to the design, construction and allocation of cost and capacity of the various segments outlined in the study. The first project was constructed in the spring of 1994 and the last project was completed in 2003. With all of the trunk sewer project segments completed as part of the original agreement it is time to restate this 28E Agreement, removing items such as employment of an engineering firm, allocation of project cost, outdated peak flow and pipe sizes tables, pre - design trunk sewer map and language dealing with Clive's annexation dispute with Waukee. Items that have been updated as part of this new restated agreement include items such as, fmal trunk sewer map, final cost sharing breakdown for all completed projects, final flow capacities allocations and operations and maintenance of the trunk sewer system. New agreement items will include; Extension of a trunk sewer from Clive's service area at Alice's Road Capacity Limitation Agreement Flow Reporting and payment to WRA COUNCIL APPROVED Maintenance and Repairs Date —1 '7 —1;3 Reciprocal Option to Purchase Capacity Finally to bring the old agreement and the original trunk sewer project to a close is the fmal reimbursement payment to USSD. As memorialized in Exhibit B you will see that seventeen segments were constructed as part of the original agreement. The initial cost share for six of the segments was based on the flow allocation for each community identified as proportional. The initial cost shares for Clive Public Works, 2123 NW 111th Street Clive, IA 50325 -3755 (515) 223 -6231 bwellert citvofclive.com EXHIBIT B nine of the segments were based on the incremental cost of up sizing the pipe to accommodate Clive's flow allocation for that pipe segment at the time of construction and Clive was required to reimburse USSD for our full proportional flow allocation in those segments at the time Clive connected to those segments. To date Clive has reimbursed the USSD $278,692.90 for Segments 3, 3 -1, 3 -2 and segments 4 and 5. There was a $51,000.00 flow adjustment that reduced Clive's reimbursement payments. Clive has not yet reimbursed the USSD for Segments 6, 7, 7 -1, 7 -2, 7 -3 and 7 -8. That reimbursable amount is $191,054.23. With USSD participation in Clive's Segment 7-4 USSD has a reimbursable amount of $66,279.20 to Clive. Deducting USSD's reimbursement from Clive's reimbursable amount reduces Clive' final payment to USSD at $124,775.03 Staff would recommend council approve the Restated 28E with the Urbandale Sanitary Sewer District and make final reimbursement payment as identified in Exhibit B of the agreement. 2 EXHIBIT B 16+00 17+00 18+00 19+00 20+00 21+00 22+00 23+00 24+ 0 0 25+ 0 0 MH-9 SW-303 MANHOLE, 84" DIA. (USE BOLT DOWN COVER) STA=23+48.19 N=595619.92 E=1551204.25 50'x15'x1.5' DEEP RIP RAP PER DETAIL ON DWG NO. B.1 (70 TONS) 40'x15'x1.5' DEEP RIP RAP PER DETAIL ON DWG NO. B.1 (54 TONS) 50 LF OF STEEL SHEETING (10' DEPTH BELOW CREEK BED) INSTALL 5.0' LF DOWNSTREAM OF OUTSIDE WALL OF PIPE 35 LF OF STEEL SHEETING (10' DEPTH BELOW CREEK BED) INSTALL 5.0' LF DOWNSTREAM OF OUTSIDE WALL OF PIPE PROTECT BRIDGE CON S T R U C T I O N L I M I T S CON S T R U C T I O N L I M I T S 65 . 0 0 ' 25 . 0 0 ' P-9C, 15.00 LF OF 24" D.I. PIPE REMOVE AND REPLACE 6" PCC TRAIL. CITY OF URBAND A L E PROTECT CITY OF URBAND A L E REMOVE, SALVAGE AND REINSTALL EXISTING RIP RAP AS NECESSARY FOR SEWER INSTALLATION 895 8 9 4 8 8 9 8 8 9 8 9 4 8 9 5 8 9 5 896 896 8 9 7 89 7 8 9 0 8 9 0 8 9 6 894P-1 0 A , 2 5 6 . 5 0 L F O F 3 0 " P I P E P-8, 433. 0 0 L F O F 3 0 " P I P E P-10, 27.47 LF OF 30" PIPE MH-7 SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER) STA=17+91.51 N=595227.60 E=1551583.51 P-7 , 215.00 L F O F 3 0 " P I P E ST-1 32° BEND STA=23+21.68 N=595598.80 E=1551220.27 MH-8 SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER) STA=22+24.51 N=595564.13 E=1551311.05 P-9, 97.17 LF OF 30" PIPE ST-2 61° BEND STA=23+75.67 N=595641.81 E=1551187.65 P-9B, 15.00 LF OF 24" D.I. PIPE SUBDRAIN CLEANOUT (TYP) 100 LF OF 6" SUBDRAIN 1 0 . 0 0 ' 1 0 . 0 0 ' REMOVE AND REPLACE 6" PCC TRAIL IN THIS AREA USING NEW LAYOUT AS SHOWN. S E E D W G . N O . M S A . 2 S t a . 1 6 + 2 5 . 0 0 S t a . 2 4 + 2 5 . 0 0 S E E D W G . N O . M S A . 4 8 9 4 . 7 9 8 9 4 . 8 8 8 9 5 . 0 6 8 9 5 . 3 5 8 9 5 . 6 1 8 9 2 . 9 4 8 8 9 . 7 9 8 9 4 . 6 1 8 9 5 . 0 2 8 9 5 . 4 5 8 9 4 . 9 3 8 9 4 . 6 9 8 9 5 . 1 7 8 9 5 . 1 6 8 9 5 . 2 5 8 9 5 . 3 5 8 9 5 . 9 0 8 9 5 . 8 4 8 9 6 . 1 7 8 9 6 . 2 0 8 9 5 . 8 2 8 9 5 . 5 4 8 9 6 . 1 8 8 9 6 . 8 1 8 9 7 . 2 4 8 9 7 . 6 6 8 9 1 . 7 7 8 9 4 . 0 5 8 9 6 . 9 9 8 9 7 . 2 0 8 9 7 . 4 0 8 9 7 . 3 4 8 9 7 . 2 4 MH-9 SW-303 MANHOLE, 84" DIA. (USE BOLT DOWN COVER) STA. 23+48.19 RIM = 897.18 INV=884.57 (30" SE) INV=884.57 (30" NW) INV=884.97 (24" W) INV=884.97 (24" E) MH-8 SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER) STA. 22+24.51 RIM = 897.22 INV=881.52 (30" SE) INV=881.52 (30" W) P-8, 433.00 LF OF 30" PIPE @ 0.35% P-7, 215.00 LF OF 30" PIPE @ 0.35% P-9A, 26.52 LF OF 30" PIPE @ 2.47% P-10, 27.47 LF OF 30" PIPE @ 0.46% EXISTING PROFILE STABILIZING MATERIAL ESTIMATED QUANTITY 8' TRENCH WIDTH (105 TONS) RIP RAP STEEL SHEETING P-9, 97.20 LF O F 30" PIPE @ 2 . 4 7 % RIP RAP STABILIZING MATERIAL ESTIMATED QUANTITY 8' TRENCH WIDTH (50 TONS) STEEL SHEETING ST-1 32° BEND STA. 23+21.68 ST-2 61° BEND STA. 23+75.67 (FIELD VERIFY) (FIELD VERIFY) EXISTING MANHOLE EXISTING MANHOLE EXISTING MANHOLE MH-7 SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER) STA. 17+91.51 RIM = 895.50 INV=880.02 (30" E) INV=880.02 (30" NW) BACKFILL UP TO AND AROUND MANHOLE SO THAT CHIMNEY AND CASTING SIDES ARE NOT EXPOSED. COST IS INCIDENTAL TO MANHOLE. 0'30'60' DWG. NO. PROJECT PL O T T E D : FI L E P A T H : X- R E F S : 2 7 5 3 5 3 - T O P O & 2 7 5 3 5 3 - C o n s t r u c t i o n L i m i t s & 1 0 0 Y e a r F l o o d & 2 7 5 3 5 3 - R e m o v a l s & 2 7 5 3 5 3 S U R V E Y B A S E & 1 2 8 1 0 7 - S U R V E Y _ B A S E & 2 7 5 3 5 3 P A R C E L S & C l i v e D e l i n e a t e d W e t l a n d SCALE DRAWN CHECKED APPROVED DATE ISSUED FOR DATE REVISIONS 3000 Westown Parkway ● West Des Moines, Iowa 50266-1320 515-225-8000 ● 515-255-7848(FAX) ● 800-241-8000(WATS) NORTHEAST OUTFALL SEWER CITY OF WAUKEE 275353-1 PLAN AND PROFILE SANITARY SEWER MSA.3 AS NOTED SRS ARW JDK REVIEW 12-16-22 M: \ P R O J E C T S \ 2 7 5 3 5 3 \ 2 7 5 3 5 3 - C I V I L \ P R O D U C T I O N D R A W I N G S \ M S A . S A N I T A R Y S E W E R \ 2 7 5 3 5 3 - P P - S A N - 1 Fr i d a y , D e c e m b e r 1 6 , 2 0 2 2 9 : 5 1 : 5 1 A M EXHIBIT C INV=908.42 30" RCP 913 64 + 0 0 65 + 0 0 66 + 0 0 67 + 0 0 68+00 69+00 70+00 71+00 72+00 TRAIL TRAIL CONSTR U C T I O N L I M I T S C O N S T R U C T I O N L I M I T S CONSTR U C T I O N L I M I T S C O N S T R U C T I O N L I M I T S 25 . 0 0 ' FLOODWAY FLOODWAY 100 YEAR FLOODPLAIN 100 YEAR FLOODPLAIN CITY OF URBAND A L E CIT Y O F UR B A N D A L E 9 0 8 9 1 2 914 913 91 2 91 2 911 910 P- 2 1 , 4 0 3 . 8 4 L F O F 3 0 " P I P E P-22 , 246.95 L F O F 3 0 " P I P E P-23, 48.24 LF OF 36" PIPE 18" STORM REMOVE, SALVAGE AND REINSTALL AS NECESSARY FOR SEWER INSTALLATION REMOVE PIPE AND PLUG MANHOLE PROTECT STORM SEWER MH-22 SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER) STA=70+41.50 N=596015.74 E=1546830.71 MH-23 SW-303 MANHOLE, 60" DIA. (USE BOLT DOWN COVER) STA=70+89.75 N=596028.45 E=1546784.17 (SEE NOTE 3) MH-20 SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER) STA=63+90.72 N=595651.44 E=1547319.08 REMOVE AND REPLACE 6" PCC TRAIL. MH-21 SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER AND ROTATE CONE SO THAT CASTING IS OUTSIDE OF TRAIL) STA=67+94.56 N=595972.25 E=1547073.80 P-24 , 145.00 LF O F 36" PIPE WHERE CHANNEL IS DISTURBED BY CONSTRUCTION, REGRADE, SEED AND PLACE TYPE 2.C NATURAL FIBER ONLY ROLLED EROSION CONTROL PRODUCT. PROTECT P-22B, 15.00 LF OF 8" D.I. ABANDON MANHOLE REMOVE PIPE BETWEEN MH-24A, MH-22A AND MH-22 P-22A, 29.84 LF OF 18" D.I. PIPE USSD 8" S 385 LF OF 6" SUBDRAIN SUBDRAIN CLEANOUT (TYP.) 300 LF OF 6" SUBDRAIN SUBDRAIN CLEANOUT (TYP.) 5 5 . 0 0 ' 200 LF OF 6" SUBDRAIN SUBDRAIN CLEANOUT (TYP.) 2 5 . 0 0 ' FL=907.66MH-22A SW-303 MANHOLE, 60" DIA. (USE BOLT DOWN COVER AND ROTATE CONE SO THAT CASTING IS OUTSIDE OF TRAIL) STA=70+25.86 N=595987.97 E=1546841.63 65 . 0 0 ' 24" RCP STORM REMOVE, SALVAGE AND REINSTALL AS NECESSARY FOR SEWER INSTALLATION CITY OF URBAND A L E CONNECT SUBDRAIN TO EXISTING 18" STORM SEWER PIPE. KRAMER , MARIAN N E J 16016 WINSTO N C T ROEPSC H , DAVID J 16020 WINSTO N C T 16 0 2 7 W I N S T O N CT ANGERU D , A M B E R R U T H 16024 W I N S T O N C T HOL L A N D E R , ERIC & J U L I E JTR S 1622 5 PRA I R I E D R 1622 5 P R A I R I E D R HAIG H , JAS O N T & LOR I L J T R S 1622 9 PRA I R I E D R 1622 9 P R A I R I E D R BRA D L E Y , DAV I D 163 0 1 P R A I R I E D R SE E D W G . N O . M S A . 8 St a . 6 3 + 5 0 . 0 0 S t a . 7 1 + 7 5 . 0 0 S E E D W G . N O . M S A . 1 0 9 1 0 . 0 2 9 1 0 . 0 6 9 0 9 . 7 7 9 1 0 . 2 0 9 1 0 . 1 9 9 1 0 . 1 9 9 1 0 . 4 1 9 1 0 . 7 6 9 1 1 . 0 1 9 1 1 . 3 5 9 1 1 . 3 4 9 1 1 . 4 6 9 1 1 . 6 3 9 1 2 . 1 5 9 1 2 . 1 9 9 1 2 . 0 3 9 1 1 . 8 4 9 1 1 . 9 1 9 1 2 . 3 0 9 1 2 . 7 5 9 1 3 . 1 8 9 1 3 . 4 0 9 1 3 . 4 2 9 1 3 . 9 8 9 1 3 . 5 3 9 1 3 . 4 9 9 1 3 . 5 5 9 1 3 . 4 7 9 1 3 . 4 6 9 1 3 . 7 1 9 1 3 . 7 7 9 1 3 . 8 0 9 1 3 . 5 7 P-22, 246.95 LF OF 30" PIPE @ 0.29% P-21, 403.84 LF OF 30" PIPE @ 0.29% EXISTING MANHOLE EXISTING MANHOLE EXISTING MANHOLE P-23, 48.24 LF OF 36" PIPE @ 0.21% MH-20 SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER) STA. 63+90.72 RIM = 909.68 INV=900.04 (30" SE) INV=900.04 (30" NW) MH-22 SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER) STA. 70+41.50 RIM = 913.56 INV=901.93 (30" E) INV=901.93 (36" W) INV=902.93 (18" S) INV=904.59 (8" N) MH-23 SW-303 MANHOLE, 60" DIA. (USE BOLT DOWN COVER) STA. 70+89.75 RIM = 913.67 INV=902.03 (36" W) INV=902.03 (36" E) 18"Ø EX STORM SEWER MH-21 SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER AND ROTATE CONE SO THAT CASTING IS OUTSIDE OF TRAIL) STA. 67+94.56 RIM = 912.15 INV=901.21 (30" W) INV=901.22 (30" SE) P-24, 145.00 LF OF 36" PIPE @ 0.21% MH-22A SW-303 MANHOLE, 60" DIA. (USE BOLT DOWN COVER AND ROTATE CONE SO THAT CASTING IS OUTSIDE OF TRAIL) STA. 70+25.86 RIM = 913.38 INV=902.78 (18" N) INV=902.68 (18" E) P-22A, 29.84 LF OF 18" PIPE @ 0.50% (FIELD VERIFY) 0'30'60' DWG. NO. PROJECT PL O T T E D : FI L E P A T H : X- R E F S : 2 7 5 3 5 3 - T O P O & 2 7 5 3 5 3 - C o n s t r u c t i o n L i m i t s & 1 0 0 Y e a r F l o o d & 2 7 5 3 5 3 - R e m o v a l s & 2 7 5 3 5 3 S U R V E Y B A S E & 1 2 8 1 0 7 - S U R V E Y _ B A S E & 2 7 5 3 5 3 P A R C E L S & C l i v e D e l i n e a t e d W e t l a n d SCALE DRAWN CHECKED APPROVED DATE ISSUED FOR DATE REVISIONS 3000 Westown Parkway ● West Des Moines, Iowa 50266-1320 515-225-8000 ● 515-255-7848(FAX) ● 800-241-8000(WATS) NORTHEAST OUTFALL SEWER CITY OF WAUKEE 275353-1 PLAN AND PROFILE SANITARY SEWER MSA.9 AS NOTED SRS ARW JDK REVIEW 12-16-22 M: \ P R O J E C T S \ 2 7 5 3 5 3 \ 2 7 5 3 5 3 - C I V I L \ P R O D U C T I O N D R A W I N G S \ M S A . S A N I T A R Y S E W E R \ 2 7 5 3 5 3 - P P - S A N - 1 Fr i d a y , D e c e m b e r 1 6 , 2 0 2 2 9 : 5 5 : 5 0 A M EXHIBIT C 72+00 74+0075+0076+0077+0078+00 79+00 TRAIL REMOVE EXISTING SEWER BETWEEN MANHOLES AND PLUG OPENING IN EXISTING MANHOLE INV=908.42 24" DUAL WALL HDPE REMOVE 12" WATER MAIN. SEE NOTE 3. CONSTRUCTION LIMITS CONSTRUCTION LIMITS PROTECT NEW 12" WATER MAIN. SEE NOTE 3. REMOVE AND REPLACE 6" PCC TRAIL. REMOVE AND DISPOSE OF TRAIL. RETURN AREA TO EXISTING GRADES. COST IS INCIDENTAL TO SEWER CONSTRUCTION. FLOODWAY FLOODWAY 100 YEAR FLOODPLAIN 100 YEAR FLOODPLAIN P-26, 309.92 LF OF 30" PIPE P-25, 338.00 LF OF 30" PIPE 30" RCP STORM REMOVE, SALVAGE AND REINSTALL AS NECESSARY FOR SEWER INSTALLATION. P-24 24" DUAL WALL HDPE STORM REMOVE, SALVAGE AND REINSTALL AS NECESSARY FOR SEWER INSTALLATION. P-25A, 15.00' LF OF 8" D.I. CITY OF URBAND A L E CITY OF CLIVE CITY OF CLIVE MH-25 SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER) STA=75+72.75 N=596254.47 E=1546363.28 MH-26 SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER) STA=78+82.67 N=596409.81 E=1546095.11 MH-24 SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER) STA=72+34.75 N=596066.64 E=1546644.29 MH-24A SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER AND ROTATE CONE SO THAT CASTING IS OUTSIDE OF TRAIL) STA=72+34.75 N=596048.25 E=1546637.82 907 910 914 915 916 916 917 916 908 910 915 920 923 910 915 915 920 920 914 9 1 5 ABANDONED 6" PVC STORM PROTECT 70'x16'x1.5' DEEP RIP RAP PER DETAIL ON DWG. NO. B.1 (98 TONS) CITY OF CLIVE 8" S CONNECT SUBDRAIN TO EXISTING 30" STORM SEWER PIPE 805 LF OF 6" SUBDRAIN SUBDRAIN CLEANOUT (TYP.) FL=910.11 P-24A, 19.51 LF OF 18" D.I. PIPE @ 3.76% 35'x16'x1.5' DEEP RIP RAP PER DETAIL ON DWG. NO. B.1 (48 TONS) PROTECT PROTECT LANGER U D , AMBER R U T H CR E E K S I D E LA N G E R U D , AM B E R R U T H REMOVE PIPE BETWEEN MH-24A, MH-22A AND MH-22 CR E E K S I D E KR U Z A N , P H I L M & ME R R I M 160 2 7 W I N S T O N C T SAGEBI E L , JASON & A N N A 4101 NW 1 6 3 R D C I R SCHMID T , C H A R L O T T E K SCHMID T , J O E L P 4120 NW 1 6 3 R D C I R THE AK E P P I L I T R U S T 4140 NW 1 6 3 R D C I R CHASE, C E C I L I A R & M A R K A 16454 C R E E K S I D E C I R SHAH, BHAVIKKUMAR & MITA 16500 CREEKSIDE CIR AR A S O N , E I N A R K & PA T R I C I A L 41 2 5 N W 1 6 3 R D C I R MUN D T , BEN J A M I N S & ASH L E Y M J T R S 1630 5 PRA I R I E D R CITY OF CLIVE S E E D W G . N O . M S A . 9 S t a . 7 1 + 7 5 . 0 0 S t a . 7 9 + 5 0 . 0 0 S E E D W G . N O . M S A . 1 1 9 1 3 . 5 7 9 1 3 . 7 5 9 1 4 . 0 0 9 1 4 . 4 4 9 1 4 . 7 2 9 1 4 . 9 5 9 1 5 . 3 9 9 1 5 . 8 5 9 1 5 . 5 0 9 1 5 . 4 4 9 1 5 . 8 2 9 1 6 . 1 6 9 1 6 . 4 0 9 1 6 . 5 4 9 1 6 . 9 3 9 1 7 . 3 6 9 1 7 . 6 2 9 1 7 . 4 4 9 1 7 . 4 3 9 1 7 . 6 1 9 1 7 . 4 9 9 1 7 . 5 3 9 1 7 . 4 7 9 1 7 . 1 1 9 1 6 . 6 8 9 1 6 . 5 3 9 1 6 . 7 0 9 1 6 . 7 7 9 1 7 . 4 2 9 1 7 . 7 3 9 1 8 . 0 5 9 1 8 . 0 9 MH-25 SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER) STA. 75+72.75 RIM = 917.62 INV=903.48 (30" SE) INV=903.48 (30" NW) INV=905.95 (8" N)(FIELD VERIFY) MH-24 SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER) STA. 72+34.75 RIM = 914.10 INV=902.50 (30" NW) INV=902.34 (36" E) INV=903.54 (18" S) MH-26 SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER) STA. 78+82.67 RIM = 917.53 INV=904.38 (30" SE) INV=904.38 (30" NW) WATER MAIN P-25, 338.00 LF OF 30" PIPE @ 0.29% P-26, 309.92 LF OF 30" PIPE @ 0.29% EXISTING PROFILE MH-24A SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER AND ROTATE CONE SO THAT CASTING IS OUTSIDE OF TRAIL) STA. 72+34.75 RIM = 914.41 INV=904.27 (18" N) INV=904.77 (18" W) 0'30'60' DWG. NO. PROJECT PL O T T E D : FI L E P A T H : X- R E F S : 2 7 5 3 5 3 - T O P O & C l i v e D e l i n e a t e d W e t l a n d & S h a d o w W e s t C A D F i l e 2 0 2 2 - 0 9 - 1 6 V K 1 0 - 5 - 2 2 & 2 7 5 3 5 3 - C o n s t r u c t i o n L i m i t s & 1 0 0 Y e a r F l o o d & 2 7 5 3 5 3 - R e m o v a l s & 2 7 5 3 5 3 S U R V E Y B A S E & 2 7 5 3 5 3 P A R C E L S & F i e l d _ D e l i n e a t e d _ W e t l a n d SCALE DRAWN CHECKED APPROVED DATE ISSUED FOR DATE REVISIONS 3000 Westown Parkway ● West Des Moines, Iowa 50266-1320 515-225-8000 ● 515-255-7848(FAX) ● 800-241-8000(WATS) NORTHEAST OUTFALL SEWER CITY OF WAUKEE 275353-1 PLAN AND PROFILE SANITARY SEWER MSA.10 AS NOTED SRS ARW JDK REVIEW 12-16-22 M: \ P R O J E C T S \ 2 7 5 3 5 3 \ 2 7 5 3 5 3 - C I V I L \ P R O D U C T I O N D R A W I N G S \ M S A . S A N I T A R Y S E W E R \ 2 7 5 3 5 3 - P P - S A N - 2 Fr i d a y , D e c e m b e r 1 6 , 2 0 2 2 1 2 : 1 1 : 1 4 P M EXHIBIT C 79+00 80+00 81+00 82+00 83+00 84+ 0 0 85+00 86+00 87+00 TRAIL TRAIL REMOVE EXISTING SEWER BETWEEN MANHOLES AND PLUG OPENING IN EXISTING MANHOLE 15" RCP STORM REMOVE, SALVAGE AND REINSTALL AS NECESSARY FOR SEWER INSTALLATION. CONSTRUCT I O N L I M I T S CONSTRUCT I O N L I M I T S REMOVE AND DISPOSE OF TRAIL. RETURN AREA TO EXISTING GRADES. COST IS INCIDENTAL TO SEWER CONSTRUCTION. 100 YEAR FLOODPLAIN FLOODWAY FLOODWAY REMOVE, SALVAGE AND REINSTALL EXISTING RIP RAP AS NECESSARY FOR SEWER CONSTRUCTION. 33'x15'x1.5' DEEP RIP RAP (46 TONS) P-27 , 279.6 8 L F O F 3 0 " P I P E P-28A, 29.79 LF OF 30" PIPE P-29, 28.20 LF OF 30" PIPE P-29A, 385.13 LF O F 3 0 " P I P E , 385.13 LF O F 3 0 " P I P E P-28, 232.32 LF O F 3 0 " P I P E P-28C, 15.00 LF OF 21" D.I. P-28B, 15.00 LF OF 21" D.I. COST IS INCIDENTAL TO SEWER CONSTRUCTION. CITY OF CLIVE MH-27 SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER) STA=81+62.35 N=596540.00 E=1545847.57 ST-3 58° BEND STA=83+94.67 N=596723.06 E=1545704.53 ST-4 58° BEND STA=84+52.66 N=596717.89 E=1545646.77 MH-28 SW-303 MANHOLE, 84" DIA. (USE BOLT DOWN COVER) STA=84+24.46 N=596720.40 E=1545674.86 916 908 919 918 918 920 92 0 9 1 9 91 8 918 917 91 0 9 1 5 918 910 9 1 6 9 1 0 920 PROTECT SUBDRAIN CLEANOUT (TYP.) WHERE CHANNEL IS DISTURBED BY CONSTRUCTION, REGRADE, SEED AND PLACE TYPE 2.C NATURAL FIBER ONLY ROLLED EROSION CONTROL PRODUCT. PROTECT 805 LF OF 6" SUBDRAIN CITY OF CLIVE PROTECT 1645 4 C R E E K S I D E C I R SHAH, B H A V I K K U M A R & M I T A 16500 C R E E K S I D E C I R NICHOL S , S T E V E N & GAYL E 16522 C R E E K S I D E C I R SMITH, S T E V E N L & J O A N L 16546 C R E E K S I D E C I R TIGGES , R U S S E L L G & BARB A R A A 16568 C R E E K S I D E C I R CITY O F CLIVE PROTECT PROTECT S E E D W G . N O . M S A . 1 0 S t a . 7 9 + 5 0 . 0 0 St a . 8 6 + 5 0 . 0 0 SE E D W G . N O . M S A . 1 2 9 1 8 . 0 9 9 1 7 . 8 7 9 1 7 . 6 6 9 1 7 . 7 1 9 1 7 . 8 3 9 1 8 . 0 2 9 1 8 . 1 1 9 1 7 . 9 5 9 1 8 . 3 0 9 1 8 . 7 2 9 1 9 . 3 1 9 1 9 . 8 2 9 2 0 . 1 5 9 2 0 . 4 0 9 2 0 . 7 2 9 2 0 . 5 4 9 1 9 . 9 6 9 1 9 . 5 7 9 1 9 . 3 3 9 1 8 . 2 7 9 1 7 . 6 0 9 1 4 . 7 1 9 1 8 . 0 0 9 1 7 . 7 7 9 1 7 . 8 9 9 1 7 . 9 7 9 1 7 . 8 6 9 1 7 . 9 7 9 1 8 . 3 8 MH-27 SW-301 MANHOLE, 60" DIA. (USE BOLT DOWN COVER) STA. 81+62.35 RIM = 918.55 INV=905.19 (30" SE) INV=905.19 (30" NW) MH-28 SW-303 MANHOLE, 84" DIA. (USE BOLT DOWN COVER) STA. 84+24.46 RIM = 918.28 INV=905.95 (30" E) INV=906.65 (21" SE) INV=905.95 (30" W) INV=906.65 (21" NW) (FIELD VERIFY) (FIELD VERIFY) RIP RAP P-29, 28.20 LF OF 30" PIPE @ 0.34% P-28A, 29.79 LF OF 30" PIPE @ 0.29% P-28, 232.32 LF OF 30" PIPE @ 0.29% P-27, 279.68 LF OF 30" PIPE @ 0.29% P-29A, 385.13 LF OF 30" PIPE @ 0.28% STABILIZING MATERIAL ESTIMATED QUANTITY 8' TRENCH WIDTH (55 TONS) 0'30'60' DWG. NO. PROJECT PL O T T E D : FI L E P A T H : X- R E F S : 2 7 5 3 5 3 - T O P O & C l i v e D e l i n e a t e d W e t l a n d & S h a d o w W e s t C A D F i l e 2 0 2 2 - 0 9 - 1 6 V K 1 0 - 5 - 2 2 & 2 7 5 3 5 3 - C o n s t r u c t i o n L i m i t s & 1 0 0 Y e a r F l o o d & 2 7 5 3 5 3 - R e m o v a l s & 2 7 5 3 5 3 S U R V E Y B A S E & 2 7 5 3 5 3 P A R C E L S & F i e l d _ D e l i n e a t e d _ W e t l a n d SCALE DRAWN CHECKED APPROVED DATE ISSUED FOR DATE REVISIONS 3000 Westown Parkway ● West Des Moines, Iowa 50266-1320 515-225-8000 ● 515-255-7848(FAX) ● 800-241-8000(WATS) NORTHEAST OUTFALL SEWER CITY OF WAUKEE 275353-1 PLAN AND PROFILE SANITARY SEWER MSA.11 AS NOTED SRS ARW JDK REVIEW 12-16-22 M: \ P R O J E C T S \ 2 7 5 3 5 3 \ 2 7 5 3 5 3 - C I V I L \ P R O D U C T I O N D R A W I N G S \ M S A . S A N I T A R Y S E W E R \ 2 7 5 3 5 3 - P P - S A N - 2 Fr i d a y , D e c e m b e r 1 6 , 2 0 2 2 1 2 : 1 2 : 0 1 P M EXHIBIT C