HomeMy WebLinkAbout2026-05-18 I01H_01 Release and Settlement Agreement_McClure EngineeringAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 18, 2026
AGENDA ITEM:Consideration of approval of a resolution approving Release and Settlement
Agreement [McClure Engineering Company]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: McClure Engineering Company and the City entered into
an Engineering Agreement approved by the City on May 17, 2021 in which the parties agreed to
certain obligations associated with the Ashworth Drive Resurfacing from 2nd Street to 10th Street
Project. The City of Waukee claims McClure Engineering Company is responsible for the
performance of the finished resurfacing that has occurred evidence of cracking in the overlay of the
resurfaced roadway. McClure Engineering claims they are not liable for resurfacing issues; however,
McClure has agreed to enter into agreement with the City of Waukee to settle all the claims and
demands that have been asserted.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: McClure agrees to pay in full and
complete settlement of its claims in the amount of $123,755.08.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the Resolution.
ATTACHMENTS: I. Resolution
II. Settlement Agreement and Release
PREPARED BY: Lisa Bauman
REVIEWED BY: Rudy Koester RK
I1H1
THE CITY OF WAUKEE, IOWA
RESOLUTION 2026-
APPROVING SETTLEMENT AGREEMENT AND RELEASE
[MCCLURE ENGINEERING COMPANY]
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, McClure Engineering Company and the City entered into an Engineering Services
Agreement approved by the City on May 17, 2021, in which the parties agreed to certain obligations
associated with the Ashworth Drive Resurfacing from 2nd Street to 10th Street Project; AND,
WHEREAS, the City claims McClure Engineering Company is responsible for issues relating to
resurfacing that has occurred evidence of cracking in the overlay of the resurfaced roadway of the
project: AND,
WHEREAS, McClure Engineering Company and the City have agreed to settle all the claims and
demands that have been asserted in the amount of $123,755.08,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the
Settlement Agreement and Release between the City of Waukee and McClure Engineering Company
is hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 18th day of May 2026.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Kala Anderson
Chris Crone
Rob Grove
Lori Lyon
Anna Bergman Pierce
Courtney Clarke
Mayor
Bradly M. Deets
Rebecca D. Schuett
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