HomeMy WebLinkAbout2022-05-02 J01H_03 Little Walnut Creek Trunk Sewer Extension Phase 5_Approve Contract, BondAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 2, 2022
AGENDA ITEM:Consideration of approval of a resolution approving contract and bond
[Little Walnut Creek Trunk Sewer Extension Phase 5 Project]
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $966,966.00
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution approving contract and bond with J&K
Contracting, LLC of Urbandale, IA, in the amount of $966,966.00.
ATTACHMENTS: I. Proposed Resolution
II. Contract, Bond (signed copies expected to be delivered prior to
council consideration)
PREPARED BY: Becky Schuett
REVIEWED BY:
J1H3
RESOLUTION 2022-
RESOLUTION APPROVING CONSTRUCTION CONTRACT
AND BOND FOR THE LITTLE WALNUT CREEK TRUNK
SEWER EXTENSION - PHASE 5
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, STATE
OF IOWA:
That the construction contract and bond executed and insurance coverage for the
construction of certain public improvements described in general as the Little Walnut Creek Trunk
Sewer Extension - Phase 5, and as described in detail in the plans and specifications heretofore
approved, and which have been signed by the Mayor and Clerk on behalf of the City be and the
same are hereby approved as follows:
Contractor:J&K Contracting, LLC,of Urbandale, IA
Amount of bid:$966,966.00
Bond surety:
Date of bond:
Portion of project:All construction work
PASSED AND APPROVED this 2nd day of May, 2022.
Mayor
ATTEST:
City Clerk
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CONTRACT
THIS AGREEMENT, made and entered into this 18th day of April, 2022 , by and between the
City of Waukee, Iowa, party of the first part, hereinafter referred to as the "Owner", and
J & K Contracting, LLC, party of the second part, hereinafter referred to as the "Contractor".
WITNESSETH: THAT WHEREAS, the Owner has heretofore caused to be prepared certain
specifications and proposal blanks, dated the 24th day of March , 2022 for Little Walnut Creek
Trunk Sewer Extension – Phase 5 under the terms and conditions therein fully stated and set
forth, and,
WHEREAS, said specifications and proposal blanks accurately and fully describe the terms and
conditions upon which the Contractor is willing to perform the work specified:
NOW, THEREFORE, IT IS AGREED:
1. That the Owner hereby accepts the proposal of the Contractor for the work, as follows:
Contract
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2. That this contract consists of the following component parts which are made a part of this
agreement and contract as fully and absolutely as if they were set out in detail in this
contract:
2.1 Contract Documents, including:
2.1.1 Notice to Bidders
2.1.2 Notice of Public Hearing
2.1.3 Instructions to Bidders
2.1.4 Proposal
2.1.5 Contract
2.1.6 Bond
2.1.7 General Conditions
2.1.8 Special Conditions
2.1.9 Plans List
2.1.10 Detailed Specifications
2.1.11 Plans listed in the specifications
2.1.12 Numbered addenda issued to the foregoing.
2.2 This Instrument.
2.3 The above components are complementary and what is called for by one shall be as
binding as if called for by all.
3. That payments are to be made to the Contractor in accordance with and subject to the provisions
embodied in the documents made a part of this contract.
4. That this contract is executed in triplicate.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seals the date first
written above.
CONTRACTOR CITY OF WAUKEE, IOWA
J & K Contracting, LLC Mayor By Title ATTEST: ATTEST: City Clerk
Title
Bond
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BOND KNOW ALL MEN: That we, J & K Contracting, LLC of Urbandale, Iowa hereinafter called the Principal, and , hereinafter called the surety, are held and firmly bound unto the City of Waukee, Iowa,
hereinafter called the Owner in the sum of Nine Hundred Sixty-six Thousand Nine Hundred Sixty-six and 00/100 Dollars ($966,966.00), for
the payment whereof the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. WHEREAS, the principal has, by means of a written Agreement dated April 18, 2022, entered into a Contract with the Owner for Little Walnut Creek Trunk Sewer Extension – Phase 5, which Agreement includes a guarantee of all work against defective workmanship and materials for a
period of four (4) years from the date of final acceptance of the work by the Owner, a copy of which Agreement is by reference made a part hereof;
NOW, THEREFORE, the condition of this Obligation is such that, if the Principal shall faithfully
perform the Contract on his part and shall fully indemnify and save harmless the Owner from all costs and damage which he may suffer by reason of failure so to do and shall fully reimburse
and repay the Owner all outlay and expense which the Owner may incur in making good any such default,
And Further, that if the Principal shall pay all persons who have contracts directly with the
Principal for labor or materials, failing which such persons shall have a direct right of action against the Principal and Surety under this Obligation, subject to the Owner's priority,
Then this Obligation shall be null and void, otherwise it shall remain in full force and effect.
Provided, however, that no suit, action or proceeding by reason of any default whatever shall
be brought on this Bond after five (5) years from the date of final acceptance of the work.
And Provided, that any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the
performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety, or either of
them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety of any such alteration, extension or forbearance being hereby waived.
And Further Provided, the Principal and Surety on this Bond hereby agree to pay all persons,
firms, or corporations having contracts directly with the Principal or with subcontractors all just claims due them for labor performed or material furnished, in the performance of the Contract
on account of which this Bond is given, when the same are not satisfied out of the portion of the contract price which the Owner shall retain until completion of the improvements, but the
Principal and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portions of the contract price shall have been established as
provided by law.
Bond
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The Surety on this Bond shall be deemed and held, any contract to the contrary not withstanding, to consent without notice: a. To the extension of time to the Principal in which to perform the Contract. b. To changes in the plans, specifications, or Contract, when such changes do not involve an increase of more than twenty percent (20%) of the total contract price, and shall then be released only as to such excess increase. c. That no provision of this Bond or of any other contract shall be valid which limits to less
than five (5) years from the date of final acceptance of the work the right to sue on this Bond for defects in workmanship or materials not discovered or known to the Owner at
the time such work was accepted.
The Bond is executed in triplicate.
Signed and Sealed this day of , 20 . PRINCIPAL: J & K Contracting, LLC Contractor Signature Title SURETY: Surety Company Signature, Attorney-in-Fact Name of Attorney-in-Fact Company Name Company Address (Including Zip Code)
Company Telephone Number