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HomeMy WebLinkAbout2024-03-18 I01H_03 Public Safety Building_Pmt Est 3AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: February 20, 2024 AGENDA ITEM:Consideration of approval of Payment Estimate No. 3 (Combined) for the Waukee Public Safety Building Project in the amount of $215,379.55. FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: Pay Estimate No. 3 for the Waukee Public Safety Building project covers primarily materials that have been purchased and are being stored off-site including steel and plumbing/mechanical. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Payment Estimate No. 3 is in the amount of $215,379.55. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve Pay Estimate No. 3 ATTACHMENTS: I. Pay Estimate No. 3 PREPARED BY:Brad Deets, City Administrator REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1H3 1 OFF-SITE STORAGE AGREEMENT – PRIME CONTRACTOR FACILTY THIS AGREEMENT, made this _________ day of _________________, 20___, by and between ________ ___________(“Prime Contractor”) and City of Waukee, Iowa (“Grantee”). WHEREAS, Grantee, as the Owner, and Prime Contractor entered into that certain Contract Agreement dated ____________________(the “Contract”) for certain work at the Waukee Public Safety Building Project in Waukee, Iowa (the “Project”). WHEREAS, under the Contract, Grantee has purchased from Prime Contractor certain materials described on Exhibit A hereto (the “Offsite Materials”), which sale is evidenced by a Bill of Sale, the form of which is attached hereto as Exhibit B. WHEREAS, the Offsite Materials are being stored by Prime Contractor at ___________________________________________ ( “Premises”), which Premises is owned and operated by Prime Contractor. WHEREAS, Prime Contractor desires that Grantee have access to the Premises to claim the Offsite Materials upon the event (i) Prime Contractor fails to deliver the Offsite Materials to the Project site no later than seven (7) days after request by Grantee and in accordance with the Contract or (ii) upon Prime Contractor’s default under the Contract or (iii) to audit the existence of material purchased by Grantee in the storage facility (either of the foregoing an “Access Event”). NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties hereto agree as follows: 1. Right of Entry. Upon the occurrence of an Access Event and notice from Grantee to Prime Contractor (which notice shall be deemed sufficient and incontrovertible), Prime Contractor agrees to provide Grantee access to the Premises to claim the Offsite Materials. The right of entry shall be specifically enforceable in a court of law. 2. Term of Right of Entry. This Agreement shall remain effective until the Offsite Materials are no longer located upon the Premises. 3. Segregation and Ownership of Offsite Materials. Prime Contractor agrees to keep the Offsite Materials segregated from all other property at the Premises and in an orderly manner easily recognizable by Grantee should it need to claim such materials. Such Offsite Materials shall be marked as owned by Grantee. Prime Contractor agrees that neither it nor any third party has any claim or right in any such materials and it shall not object to Grantee’s removal of the same. Prime Contractor agrees that any costs associated with storing such materials shall be the sole responsibility of Prime Contractor. 2 4. Photographs. At least once every other week, Prime Contractor shall provide photographs to Grantee of the Offsite Materials, the marking of the Offsite Materials to show Grantee’s ownership thereof and the segregation of the Offsite Materials within the Premises from other material. 5. Insurance. Prime Contractor agrees that the Offsite Materials are being insured at the full replacement value thereof by Prime Contractor until their delivery and acceptance by Grantee at the Project site. Grantee, Owner (as defined in the Contract) shall be named as a loss payees on such insurance and a certificate shall be delivered to Grantee prior to storage of the Offsite Materials at the Premises. 6. Attorneys’ Fees and Costs. Any party enforcing the terms of this Agreement for noncompliance by the counterparty, shall be entitled to reasonable attorneys’ fees and costs for such action. 7. Miscellaneous. This Agreement shall be governed by the law of the state in which the Premises is located. The persons signing this Agreement on behalf of the respective parties represent that they are authorized to act for and bind the parties with respect to the matters set forth herein. Photostatic signatures shall be treated as originals. This Agreement is specifically enforceable and Grantee may seek an injunction permitting entry onto the Premises to claim the Offsite Materials. 3 IN WITNESS WHEREOF, the parties hereto have executed this Right of Entry Agreement as of the day and year first written above. PRIME CONTRACTOR ________________________ By:______________________ Its:______________________ GRANTEE City of Waukee, Iowa By:______________________ Its:______________________ 4 Exhibit A Itemization of Offsite Materials (Note – This should be the same list as Exhibit A to the Bill of Sale) 5 Exhibit B Form of Bill of Sale BILL OF SALE _____________________ ("Seller"), in consideration of the sum of __ Dollar(s) ($__) and other good and valuable consideration to it in hand paid by City of Waukee, Iowa ("Buyer"), the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto Buyer all personal described on Exhibit A attached hereto and made a part hereof (the “Property”). The Property is to constitute certain material purchased by Buyer and sold by Seller under that certain Contract Agreement dated _________________(the “Contract”) for certain work at the Waukee Public Safety Building Project in Waukee, Iowa (the “Project”), which material is being stored by Seller off-site from the Project until its delivery to and incorporation into the Project. TO HAVE AND TO HOLD THE SAME unto Buyer, its successors and assigns, forever. And Seller, for itself and its successors and assigns, does hereby covenant and agree to and with Buyer, its successors and assigns, that Seller is the lawful owner of said Property and has good right to sell the same as aforesaid; that the same is free from all encumbrances; and that Seller will warrant and defend the sale of said Property hereby made unto Buyer, its successors and assigns, forever, against all and every person or persons whomsoever lawfully claiming or to claim the same. IN WITNESS WHEREOF, the Seller has caused these presents to be executed and delivered on and as of _______________, 20___. ________________________________________ By Its 6 Exhibit A to Bill of Sale The Property