HomeMy WebLinkAbout2017-10-02-J05 Hawthorne Ridge Drainage Improvements Agr► O Waukee
. Wjf THE KEY TO GOOD LIVING
AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 2, 2017
AGENDA ITEM: Consideration of approval of a resolution approving Hawthorne Ridge
Drainage Improvement Agreement [Hawthorne Ridge Townhome Owners
Association]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The Hawthorne Ridge Townhome Owners Association is
responsible for the maintenance of a Surface Water Flowage Easement
(SWFE) and the stream channel within this easement. Due to severe erosion
and existing improvement failures, the channel was eroding towards private
property. To prevent certain damages from occurring to private property, the
Hawthorne Ridge Townhome Owners Association requested the City's
assistance with plan design, contract administration and project oversight of
the improvements to this SWFE. The attached agreement outlines the
responsibilities of both parties for these improvements.
FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: $65,213.00
Hawthorne Ridge Townhome Association agrees to repay the City in seven (7) annual
installment payments.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Agreement
PREPARED BY: Beth Richardson/Rudy Koester
�K
REVIEWED BY: John Gibson
PUBLIC NOTICE INFORMATION —
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 17-
APPROVING HAWTHORNE RIDGE DRAINAGE IMPROVEMENT
AGREEMENT [HAWTHORNE RIDGE TOWNHOME OWNERS
ASSOCIATION]
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 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"d day of October, 2017, that the City Council approves the
Hawthorne Ridge Drainage Improvement Agreement, attached hereto as Exhibit A.
William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Brian Harrison
Shelly Hughes
Lary R. Lyon
HAWTHORNE RIDGE DRAINAGE IMPROVEMENT AGREEMENT
This Hawthorne Ridge Drainage Improvement Agreement (hereinafter referred to as
"Agreement") is entered into this the day of , 2017 by and between
Hawthorne Ridge Townhome Owners Association, Inc. is a corporation duly formed and existing
pursuant to the laws of the State of Iowa (hereinafter referred to as "Owner"), and the City of
Waukee, Iowa, a municipal corporation duly formed and existing pursuant to the laws of the
State of Iowa (hereinafter referred to as "City").
RECITALS
WHEREAS, Owner is responsible to maintain the Surface Water Flowage Easement now
included in and forming a part of the City of Waukee, 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. ("Property"); AND
WHEREAS, the Property surface water flowage has deteriorated over the years
necessitating improvements to aide in surface water flowage and mitigate future repair and
maintenance by the Owner; AND
WHEREAS, Owner desires that the Improvements 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 flow, place
extended reinforced concrete flume with footing and miscellaneous associated work, including
cleanup, further reflected on the quotes received by the City for said Improvements on Exhibit B
attached hereto and incorporated herein by reference (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 arranged and agrees to undertake such Improvements provided
Owner reimburses the City for the costs incurred by the City in undertaking such Improvements,
including, but not limited, to the costs incurred by the City for engineering and legal expenses
associated with the project; AND
WHEREAS, the City and Owner have reached an agreement as otherwise set forth in this
Agreement.
NOW, THEREFORE, the City and the Owner, in consideration of the promises and
mutual obligations set forth in this Agreement, and in reliance thereon, and for such other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
A. Owner agrees as follows:
1
1) Owner agree that they have reviewed the plans and specifications prepared in
connection with the Improvement and understands the elevations, grade, rip rap and
flume and associated materials and work associated with the Improvement. Owner
specifically agrees with the plans and specifications and requests the construction of
the Improvements be undertaken by the City, subject to the obligations of Owner to
pay unto the City the costs associated with the work as provided herein.
2) Owner agrees to pay unto the City the sum of $65,213.00 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
the City's approval of the 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 due shall
be become due and payable and shall accrue interest at 10% per annum. In the event
an action is brought by the City to enforce Owners obligations hereunder, in addition
to actual 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 that it continues to be responsible for the maintenance
of the Property, including but not limited to the surface water drainage capabilities
and Improvements situated thereon and that this agreement and the City's
undertaking of the Improvements in no way shall be construed as creating an ongoing
responsibility for the City to maintain the surface water improvements situated within
the Property. Owner expressly acknowledges it responsibility to repair and maintain
the Property and the Improvements situated thereon.
B. City agrees as follows:
1) The City will undertake to engage a contractor for the purpose of completing the
Improvements.
C. This Agreement shall be construed in accordance with the laws of the State of Iowa.
D. 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 Project. The terms of this Agreement
may not be amended except in writing by agreement of the City and Owner.
E. This Agreement is executed in two counterparts, each of which shall constitute one and
the 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 WHEREOF, the City has caused this Agreement to be duly executed in its
name and behalf by its Mayor and its seal to be hereunto duly affixed and attested to by the City
2
Clerk upon the authorization of the City Council and Owner has caused this Agreement to be
duly executed by the parties authorized to so act on its behalf.
CITY OF WAUKEE, IOWA
LIE
Date: 2017
(City Seal)
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
Mayor
City Clerk
On this day of , 2017, before me, the undersigned,
Notary Public in and
and
did say that
they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; 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 City Council as
contained in Ordinance No. passed by the City Council under Roll Call No.
of the City Council on the day of 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 of Waukee, by them voluntarily executed.
for the State of Iowa, personally appeared
, to me personally known, who, being by me duly sworn,
Notary Public in and for the State of Iowa
My Commission expires
HAWTHORNE RIDGE TOWNHOME OWNERS ASSOCIATION, INC.
BY JIA�.7if6/z�� /C,�� 7ZJd&No Ass& c
President
Date: /S� �c ✓� i 2017
STATE OF IOWA )
ss.
COUNTY OF �-5 )
On this 4!;f—day of >oY , 2017, before me, the undersigned, a Notary Public
in and for the State of Iowa, per ovally appeared -7s"k , at it, t , to me personally
known, who being by me duly sworn, did say that the person is the pf es,d C,a- of Hawthorne
Ridge Townhome Owners Association, Inc., an Iowa corporation, and that the instrument was
signed on behalf of said company by authority of its Board of Directors; and that said person
acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the
company and by it voluntarily executed.
Apnr a TROY A SKINNER Notary Public and for the State of Iowa
2019
commission ss'On P V:3
IL 2019
My commission XPI My Commission expires /-$-11
)anoar a,
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
Letting Date:
Wednesday, July 12, 2017
17-0215RS6:24 pro
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
Remove and Haul Off Exist. Flume End
1.00
LS
Stone Subbase for Flume
1.00
LS
20'x6'x8" Reinforced Concrete Flume w/ FES Footinc
1.00
LS
Pumping for Water Diversion
1.00
LS
Place 4 Gabion Baskets along Curb Line
1 1.001
LS
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, 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 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
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 prior to work done by other trades. Grading tolerances to
be within plus or minus two tenths of a foot.
3. The Agreement maybe withdrawn by Elder Corporation without notice at anytime 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 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:
5088 E. University Ave. Des Moines, Iowa 50327
Phone 515-266-3111 Fax 515-2654565
Project: Hawthorne Ridge Townhomes Drainage Imp.
Location: Waukee, IA
Owner: Hawthorne Ridge Townhomes
Letting Date:
Monday, April 24, 2017
17-0215R$1:36 am
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
Mobilization
1.00
LS
Clearing & Grubbing
7.00
EA
Strip Topsoil to Stockpile
70.00
Cy
Channel Shaping Cut to Fill
80.00
Cy
Export Waste
60.00
Cy
Place 4" Clean Filter Layer
40.00
TON
Place Fabric
210.00
Sy
Place 66 Gabion Baskets
125.00
TON
Place Rip Rap Transitions
65.00
TON
Respread Topsoil
68.00
Cy
Remove and Replace Sidewalk
9.00
SY
9" Filter Sock
260.00
LF
Turf Reinforcement Mat
180.00
Sy
HydraCM Steep Slope Matrix
0.50
ACRE
SWPPP
1.00
LS
SWPPP Inspections
6.00
MO
Concrete Flume Joint Anchoring (Per Email Directive 4.18.17)
1.00
LS
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 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
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 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 Iowa 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.