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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.