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Home My WebLink About2013-12-16-Resolutions 13-326_Alice's Rd Corridor Sewer - Supplemental ContractTHE CITY OF WAUKEE,IOWA RESOLUTION 13-326 APPROVING SUPPLEMENTAL CONTRACT BETWEEN S.M.HENTGES &SONS, INC.,AND THE CITY OF WAUKEE [ALICE'S ROAD CORRIDOR SEWER PROJECT] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,tile City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,on November 19,2012,the Waukee City Council entered into a construction contract with S.M.Hentges &Sons,Inc.,of Jordan,MN,[the Contractor]for the construction of the Alice's Road Corridor Sewer (Resolution #12-258);AND, WHEREAS,the Contractor has completed all work on the Alice's Road Corridor Sewer Project, with the exception of a portion of seeding which cannot be completed 1l11ti1spring 2014;AND, WHEREAS,the Contract agrees to a Supplemental Contract,attached hereto as Exhibit A, addressing the remaining seeding issues. NOW THEREFORE BE IT RESOLVED by the City Council ofthe City of Waukee that the Supplemental Contract between S.M.Hentges &Sons,Inc.,and the City of Waukee [Alice's Road Corridor Sewer Proj ect]is hereby approved. Passed by the City COlm~il of the City of Waukee,Iowa,and approved the 16th day of December,2013. Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Casey L.Harvey Shelly Hughes C.Isaiah McGee Mike Watts AYE X X X X NAY ABSENT ABSTAIN X SUPPLEMENTALCONTRACT ALICE'S ROAD CORRIDOR SEWER WAUKEE,IOWA THIS AGREEMENT,made and entered into this/D ~ay of T1!f?el2zbeg,2013,by and between the City of Waukee,Iowa,party of the first part,hereinafter referred to as the "Owner",and S.M.Hentges &Sons,Inc.party of the second part,hereinafter referredtoasthe"Contractor". WITNESSETH:THAT WHEREAS,the Owner has caused to be prepared certain plans and specifications and proposal blanks dated the 19th day of September,2012,for the Alice's Road Corridor Sewer project under the terms and conditions therein fully stated and setforth,and, WHEREAS,the Contractor and Owner have previously entered into an agreement on the 19th day of November,2012 for work covered by the terms of the plans and specificationsandproposal,and, WHEREAS,the Contractor has completed all work on the project with the exception of a portion of seeding for the project resulting in prolonged Erosion and Sediment Control Inspects for the project The work remaining on the project cannot be completed untilthespringof2014,and, WHEREAS,the work to date encompasses more than 95%of the value of the project,and, WHEREAS,the said plans,specifications and proposal blanks accurately and fully describe the terms and conditions upon which the Contractor has performed the work specified and the Contractor is willing to perform the remaining work under this SupplementalContract,and, WHEREAS,pursuant to Section 573.27 of the Code of Iowa,a supplemental contract call be entered into by the Owner and Contractor for the remaining work,thus allowing the original construction contract and retainage to be paid in accordance with Chapter573oftheCodeofIowa. 5C-1 275210 Supplemental Contract NOW,THEREFORE,it is agreed: 1.The Supplemental Contract entered into between the Owner and Contractor is subject to the terms and conditions of Chapter 573 of the Code of Iowa and more specifically Section 573.27 of the Code of Iowa dealing with supplemental contracts. 2.The work to be completed under the Supplemental Contract for the Alice's Road Corridor Sewer project is generally described as follows: A.The completion of seeding and resulting Erosion and Sediment Control Inspections. 3.The total value of the work remaining to be completed under the Supplemental Contract has a value of $3,200.00 determined on the basis of the work remaining to be completed.Final payment on the Supplemental Contract will be made on the basis of the completion of the remaining work for the lump sum payment in accordance with the provisions of the contract dated November 19,2012. 4.The Supplemental Contract extends the contract period under the Supplemental Contract only as follows: A.All work under the Supplemental Contract shall be completed no later than May 31,2014. 5.That this Supplemental Contract shall consist of the component parts which were made a part of the agreement and contract dated November 19,2012 as fully and absolutely as if they were set out in detail in this Supplemental Contract. 6.That the payments are to be made to·the Contractor in accordance with and subject to the provisions embodied in the documents made a part of the original contract and this Supplemental Contract. 7.That the provisions of the contract of November 19,2012 with respect to liquidated damages shall apply to this Supplemental Contract except that the liquidated damage assessment of $500.00 per consecutive calendar day will be made for each calendar day after the completion date set forth in this Supplemental Contract. SC-2 275210 Supplemental Contract IN WITNESS THEREOF,the parties hereto have executed this instrument on the date firstwrittenabove. S.M.HENTGES &SONS,INC. ~.~ Title \~<--;fl~/C ~O A"m,yO s»: C1z1raLt 1/o171/fllbtJ afor Title CONSENT OF SURETY In regards to Bond No.190-026-720 Mutual Insurance Com an BY·~~~~L~=====-_ Titl e ---Attorn ey in Fa ct ATTEST: ~'!:iJ?u»JCityClerk SC-3 275210 THIS PCWER OF ATTORNEY IS NOT VALID UNLESSITIS PRINTED ON RED·BACKGROUND. lhis Power of Attorney limits the acts oUhose named herein,and they have no authority to bind the Company except In the manner.andto the extent'hereln slated. Certificate-No.5729822 American Fire and Casually Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN All PERSONS BY THESE PRESENTS:ThatAmerican-Fire &Casualty Company and The Ohio Casually Insurance Company are corporations duly organized under Ihe laws of the Slate of New Hampshire,that Liberty MUluallnsurance Company ts a corporation duly organized under1he.laws of the Slate of Massachusetts,and west American Insucance Company is a corporationduly organized under thelaws of the State of Indiana (herein collectively called the "Companies').rursuant to and by aulhoiily herein set fanh,does herebyname,constilute and appoint,Amy M.Burns;Todd A.Kelsey;Meagan Manthei;Cassandra N.-Mahler;Dania R.8o~rboom all of Ihe city of Bloominglon .stete of MN each indivIdually if there 'be more lhan one named,ils true and lawful altomey-ln-fact [0 make,execute,seal,acknowledge and deliver,for and on Ilshehall as surely and-as its.act and deed,any and all undertakings.bonds,recognizances and olher surely obUgaUons,in pursuance of these presents and shall be as'binding upon the Companies as if l~ey have been duly signed by the president and attested by Ihe secretary of the Companies in their own proper persons. 55 American Fire and Casually Company The Ohio Casually Insurance Company Liberty Mutual Insurance Company West American Insurance Company By:--"~"-::"-~=Z=/7?2==~=.,-_ G~ntsecretary IN WlfNESS WMEREOF,Ulis Power of Attorney has been subscribed by an authorized officer or official of the Companies and Ihe corporate seals of ,the Oornoenles 'have 'been alflxed therelo·this 1st .day.of December '~' ,!"oa,"::l •,,"':::ffi ~1:STATE OF WASHINGTON .s~COUNTY QF .KING5~~en On this ~·day of December ,201.2 ,before me personally appeared Greqory W_Davenport,who acknowledged .hlmsef to be the Assistant Secrelaryof American ~1 U Q)Fire <!nd Casualty Company,Liberty'MuIuallnsurance Company,The Ohio Casualty Company,and West American Insurance Company,and fhat he,as SUCh.being authorized so to do,>.1S~'cxecclelhe foregoing-instrument for the purposes therein contained by signing on behalf o-f1he corporations by himself as a duly authorized officer..~I~_iIN WIJNESS WHEREOF,I have hereunto subscribed my name and altixedmy notarial seal at ~:,:~j~~?:~,::n,on the day and year first above wrilten.!: ~.~\%;i~~~~~~~~lBy:~e~~~bIiC J g hi This:P.ower ofAUomey is made and execuled pursuant to and by authority of the foliowing.By-laIJJs andAUlhorizations of American Fireand.Casually.Company,The Ohio Casually insurance .~l a)~Company,:Uberty MUluallnsurance Company,and WestAmerican-lnsuranca Company which resolutions are now in-fullJorce and effeel reading as follows:'£' Ol CI).....IIU·Q)ART-ICLE IV -'OFFICERS-Section '12.Power of Allorney.Any officer or ofuerofficial of the Corporation authorized for that purpose.in wriling by the Chairman or lhe President.and subject 05P~to such Hrnitalioll as Ihe Chairman or-the-President may prescribe.ehall appoint such atlorneys-ln-fact,as may'be necessary (0 act in behalf of lhe Corporation to make.execute,seal,.~l5.5 acknowledge and deliver as surety any and all.undertakings,bonds,_recognizances and other surety obligalions.Such attorneys-in-fact,subject 10 the limitations-set forth in lheir respective."0 E'ar powers.of atlorney,shall'have -fuU power to bInd ,the Corporation .by their signafure and execution -of any such ·inslrumenls·and to attach therel0 lite seal of the Corporation.IJ'Jhen so :room'.execuied,such inslmments shall be as binding as if~igned by Ihe-Presidenl and attested to'by Ihe Secretary.Any-power-or authority·granted 10 any representalive orallomey-ln·fact'under >' J-I..the pro.vislons of this article may be-revoked ai-any time by'lhe Board,-the Chairman,the Prosident or by the officer or officers gra.nUng such power or authorily.<U . C~£ffi'g ARTICLE XIII-Execulion.of.Con1racls -SECTION 5.Surety Bonds and Undertakings.Any-officer aLtha-Company aulhorized for thai_purpose in wriling by the chairman or the president,E. >~and subjecf10such.limilalions as:lhe chairman orthe president may'prescribe,shall appoint such attorneys-in-fact,as may:bellecessary to act in behalf oflhe Company (0 make,execute,'-0:;seal.acknoWledge and deliver as surely any anti allvndertaklngs,bonds,recognizances .and 'oUler surely·obligaiions.SlIch altorneys·ln.facl,svbject to ·the Ilmila\1uns set forlh:in Iheir ~ Z.O respective powers·of anomey,shallhave-full-powerto bind the,Company bylhelrsignature'and execUlion of any such-instmmenls and to attach lhereto the.seal oflhe Company.-When so 0 exec~ted such'lnslmmenls shall be as binding as if signed ,by the president and aflesled by the secretary.l) ~Certlfiqate ·of Designation -TIle Pres1denl or the Company,acting:pursuant to ·(he Bylaws of the Company,authoD2.es Gregory W.Davenporl,Assistan!Secretary 10 appoinl such a1tomeys-in·facl as 'may be necessary lo_-act on'behalf of the Company -to_make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances-and olber surety.oljligalio.ns. Authorization -.By unanimous consent of Ihe Company's "Board of Directors,the.Company consents .that facsimile or mechanically reproduced signature of any assistant secretary of the Company,:wherever-appearing upon a certified copy oLany power of-att.orney,issued by the Company in connecllon wilh surely -bonds,shalllJe valid and ·binding upon the .companywilh the'same force and.effecl as though manually affixed. I,David M.Carey •.lhe undersigned,Assislant Secretary,·of American Fire 'and Casually Company,The Ol1io .casualty Insurance Company,Liberty Mutual Insurance Compcmy,and West American Insuranoo·Company.do hereby certify_1hat!he original povver of attorney ofl\1htch_the foregoing is a·full,lrue and correct copy of Ihe Power·ofAliorney executeq by said Compante~, is-in full force and effect and has nol·been revoked.;;g /J IN TESTIMONY WHEREOf,-1'have-hereuntoset my hand and affixed lhe seals of said'Companies thjl~_VU__-;day of f/t"(Pfl..ie G2oH.(;)O~~(;)~Mii...- LMS 12873 092012 2301100