HomeMy WebLinkAbout2024-09-03 I01G_07 Property Damage Release_Serenity Dr ReplacementAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 3, 2024
AGENDA ITEM:Consideration of approval of a resolution approving Property Damage
Release [Evolution Contracting, LLC]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: This agreement between the City of Waukee and
Evolution Contracting, LLC and United Fire and Casualty Company is for property damages to
Serenity Drive between Melody Circle and Harrington Way in Waukee.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Payment in the amount of
$241,342.86 will be made to the City of Waukee to reimburse the City of expenses incurred to
repair the street as a result of a water main break.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution
ATTACHMENTS: I. Resolution
II. Property Damage Release Form
PREPARED BY:Lisa Bauman
REVIEWED BY:Rudy Koester RK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I1G7
THE CITY OF WAUKEE, IOWA
RESOLUTION 2024-
APPROVING PROPERTY DAMAGE RELEASE FOR SERENITY DRIVE PAVEMENT
REPLACEMENT [EVOLUTION CONTRACTING, LLC]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, the public water main installed by Evolution Contracting, LLC broke on February 27,
2023 causing significant damage to occur to the pavement of Serenity Drive between Melody Circle
and Harrington Way; AND,
WHEREAS, the City has completed the Serenity Drive Pavement Replacement Project to repair the
damages to the public street, adjacent sidewalks and private driveways; AND,
WHEREAS, Evolution Contracting LLC and United Fire and Casualty Company have agreed to
reimburse the City for all expenses incurred to repair the public roadway totaling $241,342.86; AND,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the
Property Damage Release between the City of Waukee and Evolution Contracting, LLC and United
Fire and Casualty Company is hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 3rd day of September, 2024.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
R. Charles Bottenberg
Chris Crone
Rob Grove
Anna Bergman Pierce
Ben Sinclair
FC20634 PD RELEASE – RELEASES (04/2014)
CLAIM NO 1420297692 PROPERTY DAMAGE RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That the Undersigned, being of lawful age, for sole consideration of Two Hundred Forty One
Thousand Three Hundred Forty Two and 86/100 dollars ($241,342.86) to be paid to CITY OF
WAUKEE, do hereby and for its heirs, executors, administrators, successors and assigns,
acquit and forever release EVOLUTION CONTRACTING LLC and United Fire and Casualty
Company and their agents, servants, successors, heirs, executors, administrators and all other
persons, firms, corporations, associations or partnerships of and from any and all claims,
actions, causes of action, demands, rights, damages, costs, loss of service, expenses and
compensation whatsoever, which the undersigned now has or which may hereafter accrue on
account of or in any way growing out of any and all known and unknown, foreseen and
unforeseen property damage and the consequences thereof resulting or to result from the
occurrence on or about 02-27-2023 at or near SERENITY DRIVE in WAUKEE IOWA.
It is understood and agreed that this settlement is the compromise and is not to be construed as
an admission of liability on the part of the party or parties hereby released, and that said
releasees deny liability therefor and intend merely to avoid litigation and buy their peace.
The undersigned further declare(s) and represent(s) that no promise, inducement or agreement
not herein expressed has been made to the undersigned, and that this Release contains the entire
agreement between the parties hereto, and that the terms of this Release are contractual and not
a mere recital.
THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS
IT.
Signed this ______ day of ___________________________, ________.
CAUTION: READ BEFORE SIGNING BELOW
X__________________________________________
CITY OF WAUKEE REPRESENTATIVE
3rd September 2024