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HomeMy WebLinkAbout2017-10-02-Resolutions 17-477_Hawthorne Ridge Townhomes Drainage Improvements - AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 17-477 APPROVING HAWTHORNE RIDGE DRAINAGE IMPROVEMENT AGREEMENT [HAWTHORNE RIDGE TOWNHOME OWNERS ASSOCIATION] IN THE NAME AND BY THEAUTHORITYOF THE CITY OF 8'AUKEE,IO8'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,the Hawthorne Ridge Townhome Owners Association (the "Association") is responsible for the maintenance of a Surface Water Flowage Easement,as well as the stream channel within the easement area;AND, WHEREAS,due to severe erosion and existing improvement failures,the stream channel is eroding and causing damage to private property;AND, WHEREAS,the Association requests assistance from the City of Waukee with plan design,contract administration,and project oversight for improvements within the Surface Water Flowage Easement;AND, WHEREAS,the City and Association have reached an agreement related to drainage improvements,the cost of which will be borne by the Association through seven (7) annual installment payments. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa in session this 2""day of October,2017,that the City Council approves the Hawthorne Ridge Drainage Improvement Agreement,attached hereto as hibit A. illia .Pear,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AVE X X X X NAY ABSENT ABSTAIN HAWTHORNE RIDGE DRAINAGE IMPROVEMENT AGREEMENT This Havvtliorne Ridge Dramage Improvement Agreement (hereinaf'ter refened to as "Agrccmcnt")is entered into this the 9@4 day of 0(4l@y,20)7 by and between Ilawthome Ridge Townhome Owners Association,Inc.is a cotporation duly formed and existing pursuant to the laws of the State of Iowa (hercinaftm'referred to as "Owner"),and the City of Waukee,Iowa,a municipal corporation duly fotrned and existing pursuant to the laws of thc State of lowe (hereinafter refened to as "City"). RECITALS WHEREAS,Owner is responsible to mamtain thc Surface Water I.lowage Easement now included in and forming a part of thc City of Waukce,Iowa reflected on the property described on Exhibit A attached hereto,said easement having been recorded in the Dallas County Recorder's Office at Book 849,page 445.("Propeixy");AND WHERL'AS,the Property surface water flowage has deteriorated over the years ncccssitating improvements to aide in surface water flowage and mitigate future repair and maintenance by the Owner;AND WHEREAS,Owner desires that thc hnprovements be undertaken by the City described as all labor,materials and equipment necessary to straighten stream channel,install approximately 66 cubic yards of gabion baskets,65 tons of rip-rap,divert water floiv,place extended reinforced concrete flume with footing and miscellaneous associated work,including cleanup,further rcllcctcd on thc quotes received by the City for said Improvements on Exhibit B attached hereto and incorporated herein by referrnice (hereinafter referred to as "Improvements") so as to bring the Property to an acceptable state of repair and enhance the operation of the surface water flowage on the Property and mitigate Owner's future repair and maintenance costs,'AND WHEREAS,the City has ananged and agrees to undertake such Improvements provided Owner reimburses the City for the costs incurred by thc City in undertaking such Improvements, including,but not limited,to the costs incuned by the City for engineering and legal expenses associated with the project;AND WHEREAS,the City and Ov;ner have reached an agreement as othetwise set forth in this Agreement. NOW,THEREFORE,the City and the Owner,in consideration of the promises and mutual obligations set foinh m this Agreement,and in reliance thereon,and for such other good and valuable consideration,thc rcccipt and sufficiency of which is hereby acknowledged,thc parties agree as I'ollows: A.Oxvner agrees as follows: I)Owner agree that they have reviewed ihe plans slid specifications prepared in connection with the Improvement and understands the elevations,grade,rip rap and tlumc and associated materials and work associated with the Iniprovement.Owner specifically agrees with the plans and specifications and requests the constrtiction of thc Iiuprovements be undertaken by the City,subject to the obligations of Owner to pay unto ihe Ciiy the costs associated with the work as provided herein. 2)Owner agrees to pay unto the City thc sum of $65,2)3.00 which sum represents the costs of the Improvements contemplated herein incurred by the City.Owners shall pay said sum in seven (7)annual installments commencing on the anniversary date of thc City's approval of thc Agreement.Said sum shall accrue interest at 0%per annum unless the Owner fails to make timely payments to the City as provided herein.In the event.an installment is not paid by Owner when due,the remaining balance duc shall be become due and payable and shall accrue interest at l0%per annum.In the event an action is brought by the City to enforce Owners obligations hereunder,in addition to acnial damages,the Owner shall be responsible for any and all costs and expenses incurred by the City in enforcing Owners obligations hereunder,including but limited to attorney's fees and expenses. 3)Owner understands and agrees thai it continues to bc rcsponsiblc for the maintcnancc of the Property,including but not limited to the surface water drainage capabilities and Improvements situated thereon and that this agreement and the City*a undertaking of the Improvements in no way shall be construed as creating an ongoing responsibility fcu ihe City io maintain the surface water improvements situated within the Propcrty.Owner expressly acknowledges it responsibility to repair and maintain ihc Property and the Improvetnents situated thereon. City agrees as follows: I)The City will undertake to engage a contractor for the purpose of completing the Injprovcntcnts. This A&neement shall be construed in accordance with the laws of the State of Iowa. This Agreement shall constitute the entire agreement between the City and Owner and supersedes all other written or oral agreements,discussions and negotiations regarding the subject matter herein in connection with the Pro)ect.The terna of this Agreement may not bc mnended except in writing by agreement of the City and Owner. This Agrccmnit is executed in two counterparts,each of which shall constitute one and thc same instrument.A copy of this Agreement,including all Exhibits,shall be maintained in the office of the City Clerk of the City. IN WITNESS WHEREOP,the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be heiicunto duly atTixed and attested to by ihe City Clef'k upon the authorization of the City Council and Owner has caused this Agreement to bc duly executed by the parties authorized to so act on its behalf. CITY OF WAUKEE,IOWA "(~ Date;I)~2,2017 ,Mayor .City Clerk (City Seal) STATE OF IOWA ) )ss. COUNTY OF DALLAS ) On this ~day of r '~td,,2017,before me,the I)ndersigned,a ~t yp M I 11'tp dtt fl,p lly pp"d~lplttptd .irpfpl 'd I)L+f,to me personally known,who,being by me duly sworn,did say that they arc the Mayor and City Clerk,respectively,of thc City of Waukee,Iowa;that the seal affixed to the foregoing insnnment is the corporate seal of the cotporation,and that the instrument was signed aml sealed on behalf of the corporation by authority of its City Council ~~in~flic@a under Roll Call No. I I-"t 7 I of the City Council on the I)vtA day of I7~)f,2017,and that Mayor and City Clerk,as such officers,acknowledge the execution of said instrument to be the voluntary act and deed of the City ol'Waukee,by them voluntarily executed. ,r') Notary Publi in and for the State of Iowa My tea 1.»«pt HAWTHORNE RIDGE TOWNkIOiVK OWNERS ASSOCIATION,INC. S!':77apd H~pd %~7P~&fadf ~fMJ dt Ahdd' Dat'y-8~-,,2017 STATE OF IOWA l ss. COUNTY OF 5-(l )) On this f (day of p3&I &,2017,before me,the undersigned,a Notary Public dt'tl St I t'I .p»lly'PP d~r~d\h-I '"P""'Ily h I Shy d ly».did yth'Ih'P'"th ~t fH th Ridge Townhome Owners Association,Inc.,an Iowa cotporation,and that the instrument was signed on behalf of said company by authority of its Board of Directors;and that said person aclcnowledged the execution of the foregoing instrument to be the voluntary act and deed of the company and by it voluntarily executed. t x stuttttttt 9 zot9 t Notary Public 'and for the State of Iowa M C I p 5088 E.University Ave.Des Moines,Iowa 50327 Phone 515-266-3111 Fax 515-265-4565 Project:Hawthorne Ridge Townhomes Drainage Imp.Flume Ext. Location:Waukee.IA Owner;Hawthorne Ridge Townhomes Leiting Uate: Wednesday,July 12,2017 17-0215RSI'24 nm ITEM DESCRIPTION Remove and Haul Off Exist.Flume End Stone Subbase for Flume 20'x6'x8"Reinforced Concrete Flume w/FES Footinc Pumping for Water Diversion Place 4 Gabion Baskets along Curb Line QUANTITY UNIT UNIT PRICE 1.00 LS 1.00 LS 100 LS 1.00 LS 1.00 LS AMOUNT GRAND TOTAL NOTES:1.EXCLUSIONS: $17,700.00 A.We exclude in our scope of work:bonds,permits and AGC dues,liquidated damages,cost of inspection, layout staking/surveying,compaction tests,soil testing,utility cut-offs,saw cuts,abandoning or removal of intakes or manholes,sheeting or shoring,handhng of contaminated soils,unacceptable soil removal or replacement,frost excavation,frost removal,work when temps are 10 degrees or below,over excavation or recompaction,soil stabilization,foundation excavation,backfill of foundation walls,removal of foundation spoil, excavation or backfill of retaining walls,handling of other contractor's soil,import of topsoil or black dirt,well abandonment,under cutting fill areas,fine grading,hand excavation,repair to any work damaged by others, traffic control,hand tamping,mowing,sodding,connection fees,pavement removal or replacement for utilities unless stated above,boxout paving around intakes or steel plates to cover intakes and adjustment of fixtures, System Development Fee,As-Built Drawing. 2.SPECIAL CONSIDERATIONS: A.All service lines stop 5'away from building.Utility items tied to Earthwork items.All utilities backfilled with trench spoils -Compaction to be with existing soil to 95%Standard Proctor.This Proposal may be withdrawn by us if not accepted within 14 days.Payment to be made in monthly draws.Nothing shall obligate Elder Corporaiion outside the scope fisted herein. B.VVe are not responsible for locating or notifying private utilities. C.Contractor shall accept pad or parking grades prior to work done by other trades.Grading tolerances to be within plus or minus two tenths of a foot. 3.The Agreement may be withdrawn by Elder Corporation without notice at any time prior to receipt by Elder Corporation at its home office of a fully executed copy of same. 4.The laws of the State of lowe shall apply to all claims and disputes arising out of or related to this Agreement and/or the Project. ACCEPTANCE OF PROPOSAL We have carefully read and reviewed and hereby accept the foregoing Proposal for Construction Agreement from Elder Corporation. By:Date: Title: This Agreement is not binding on Elder Corporation unless and until signed by an officer of Elder Corporation in the space indicated below and delivered to the Owner. By:Date: Title: 5088 E.University Ave.Des Moines,iowa 50327 Phone 515-266-3111 Fax 515-265-4565 Project:Hawthorne Ridge Townhomes Drainage Imp. Location:Waukee,tA Owner.Hawthorne Ridge Townhomea Letting Date: Monday,April 24,2017 17-0215RSt.sg ain ITEM DESCRIPTION Mobilization Clearing &Grubbing Strip Topsoil to Stockpile Channel Shaping Cut to Fill Export Waste Place 4"Clean Filter Layer Place Fabric Place 66 Gabion Baskets Place Rip Rap Transitions Respread Topsoil Remove and Replace Sidewalk 9"Filter Sock Turf Reinforcement Mat HydraCM Steep Slope Matnx SWPPP SWPPP Inspections COnCrete Flume JOint AnCharing (eer snwil Dii«o!iee 4,la l7i QUANTITY 1.00 7.00 70.00 80.00 60.00 40.00 210.00 125.00 65.00 68.00 9.00 260.00 180.00 0.50 1,00 6.00 1.00 UNIT UNIT PRICE LS EA CY CY CY TON SY TON TON CY SY LF SY ACRE LS MO LS AMOUNT GRAND TOTAL NOTES:1.EXCLUSIONS: $48,413.00 A.We exclude in our scope of work:bonds,permits and AGC dues,liquidated damages,cost of inspection, layout staking/surveying,compaction tests,soil testing,utility cut-offs,saw cuts,dewatering,abandoning or removal of intakes or manholes,sheeting or shoring,handling of contaminated soils,unacceptable soil removal or replacement,frost excavation,frost removal,work when temps are 10 degrees or below,over excavation or recompaction,soil stabilization,foundation or footing excavation,backfill of foundation walls,removal of foundation spoil,excavation or backfill of retaining walls,handling of other contractor's soil,import of topsoil or black dirt,well abandonment,under cutting fill areas,fine grading,hand excavation,repair to any work damaged by others,traffic control,hand tamping,mowing,sodding,connection fees,pavement removal or replacement for utihties unless stated above,boxout paving around intakes or steel plates to cover intakes and adjustment of fixtures,System Development Fee,As-Built Drawing. 2.SPECIAL CONSIDERATIONS. A.All service lines stop 5'away from building.Utility items tied to Earthwork items.All utilities backfilled with trench spoils -Compaction to be with existing soil to 95%Standard Proctor.This Proposal may be withdrawn by us if not accepted within 14 days.Payment to be made in monthly draws.Nothing shall obligate Elder Corporation outside the scope listed herein. B.We are not responsible for locating or notifying private utilities. C.Contractor shall accept pad or parking grades pnor to work done by other trades.Grading tolerances to be within plus or minus two tenths of a foot. 3.The Agreement may be withdrawn by Elder Corporation without notice at any time prior to receipt by Elder Corporation at its home office of a fully executed copy of same. 4.The laws of the State of iowa shall apply to all claims and disputes arising out of or related to this Agreement and/or lhe Project. ACCEPTANCE OF PROPOSAL We have carefully read and reviewed and hereby accept the foregoing Proposal for Construction Agreement from Elder Corporation. By:Date. Title. This Agreement is not binding on Elder Corporation unless and until signed by an officer of Elder Corporation in the space indicated below and delivered to the Owner. By;Date: Title: