HomeMy WebLinkAboutBenton's Sand and Gravel, Inc-8/18/2014CITY OF WATERLOO, IOWA
COMMUNITY PLANNING AND DEVELOPMENT
715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262
Council Communication
City Council Meeting: August 18, 2014 ,- )
Prepared: August 12, 2014 ( /)
Dept. Head Signature:
# of Attachments: 6
SUBJECT: Resolution approving Award of Contract to Benton's Sand & Gravel, Inc. of
Cedar Falls, Iowa, in the amount not to exceed $33,800.00; and approving the Contract,
Bonds and Certificate of Insurance in conjunction with Demolition and Site Clearing
Services with no RACM of 801-805 Commercial Street.
Submitted by: Noel Anderson- Community Planning & Development Director
Recommended City Council Action: To approve Contract to Benton's Sand & Gravel,
Inc. of Cedar Falls, Iowa, in the amount not to exceed $33,800.00; and approving the
Contract, Bonds and Certificate of Insurance in conjunction with Demolition and Site
Clearing Services with no RACM of 801-805 Commercial Street.
Summary Statement: The structure in question was purchased from Veridian Credit
Union with the intention of demolishing and marketing the property for development.
The site has been assessed by HR Green through our 2010 Environmental assessment grant
and is clear for immediate development. Staff has an interested developer who wishes to
construct a three (3) story apartment building with first floor retail space.
Expenditure Required: $33,800.00
Source of Funds: The demolition activities of this site will be undertaken by the City of
Waterloo using G.O. funds, for nuisance abatement.
Policy Issue: Nuisance abatement
Alternative: N/A
Background Information:
cc: NOEL C. ANDERSON, Community Planning & Development Director
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, Benton's Sand & Gravel Inc
as Principal, and Employers Mutual Casualty Company
as Surety are held and firmly bound unto the City of Waterloo, Iowa hereinafter called "OWNER.". In the penal
sum Five Percent of Amount Biddollars
(S 5% ------ ) lawful money of the United States, for the payment of which sum will and truly be made,
we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these
presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying
bid dated the 14thday of August , 2014 for Demolition and Site Clearance Services
(NORACM) 801-805 Commercial Street
NOW, THEREFORE,
a) If said Bid shall be rejected, or in the alternate,
b) If said Bid chill be accepted and the Principal shall execute and deliver a contract in the form specified and
shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing
labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement
created by the acceptance of said. Bid,
Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly
understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed
the penal amount of this obligation as herein stated.
By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of
damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided
in the specifications or by law.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall
be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or
execute such contract; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of
them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed
by their proper officers this 14th day of August , A.D. 2014
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Benton's Sand & Gravel Inc
Principal
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Employers Mutual Casualty Company
Surety
By _2\i/co
Attorney4n " • ct
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Nancy D. Baltutat, Attorney -in -Fact
BID BOND PAGE 1 OF
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INSURANCE
THE FACE AND REVERSE OF THIS DOCUMENT HAVE A COLORED FLAG ON WHITE PAPER
P.O. Box 712 • Des Moines, IA 50306-0712
No. A80438
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation
2. EMCASCO Insurance Company, an Iowa Corporation
3. Union Insurance Company of Providence, an Iowa Corporation
4. Illinois EMCASCO Insurance Company, an Iowa Corporation
hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint:
F. MELVYN HRUBETZ, PATRICK K. DUFF, GREG T. LAMAIR, MARK E. KEAIRNES, NANCY D. BALTUTAT, JEFFREY R. BAKER, JOSEPH I. SCHMIT, JILL
SHAFFER
5. Dakota Fire Insurance Company, a North Dakota Corporation
6. EMC Property & Casualty Company, an Iowa Corporation
7. Hamilton Mutual Insurance Company, an Iowa Corporation
its true and lawful attomey-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a
similar nature as follows:
In an amount not exceeding Ten Million Dollars $10,000,000.00
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of
the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
The authority hereby granted shall expire
APRIL 1, 2017 unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a
regularly scheduled meeting of each company duly called and held in 1999:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power
and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney-in-fact at any time and revoke
the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power-of-attorney issued to them,
to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and
other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company.
Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects
binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power-of-attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this
12th day of JUNE , 2013 .
Seals
:, O:PVOAPOR TAs7 1953
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SEAL
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KATHY LYNN LOVERIDGE
Commission Number 780769
My Commission Expires
ow October 10, 2016
mei,/
Bruce G. Kelley, Chairman
of Companies 2, 3, 4, 5 & 6; President
of Company 1; Vice Chairman and
CEO of Company 7
Michael Freel
Assistant Vice President
On this 12th day of JUNE AD 2013 before me a
Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel,
who, being by me duly swom, did say that they are, and are known to me to be the Chairman,
President, Vice Chairman and CEO, and/or Assistant Vice President/Assistant Secretary,
respectively, of each of The Companies above; that the seals affixed to this instrument are the
seals of said corporations; that said instrument was signed and sealed on behalf of each of the
Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley
and Michael Freel, as such officers, acknowledged the execution of said instrument to be the
voluntary act and deed of each of the Companies.
My Commission Expires October 10, 2016.
CERTIFICATE
I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies,
and this Power of Attorney issued pursuant thereto on JUNE 12, 2013 on behalf of:
F. MELWN HRUBETZ, PATRICK K. DUFF, GREG T. LAMAIR. MARK E. KEAIRNES, NANCY D. BALTUTAT, JEFFREY R. BAKER, JOSEPH I. SCHMIT, JILL SHAFFER
Nota ; PublicJi and r the Statewa
are true and correct and are still in full force and effect.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of
each Company this 14th day of August , 2014 ,
7832 (1-14) "For verification of the authenticity of the Power of Attorney you may call (515) 345-2689."
Vice President
Please return this copyi to:
City Clerk & Finance Dept.
715 Mulberry St.
Waterloo, IA 50703
DEMOLITION CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES
[No Regulated Asbestos Containing Materials (RACM)]
801-805 Commercial Street
This Contract for Demolition and Site Clearance Services (No RACM) (the "Contract")
is entered into as of August 18, 2014, by and between the City of Waterloo, Iowa ("City") and
Benton's Sand and Gravel. ("Contractor").
In consideration of the mutual promises exchanged herein, the parties agree as follows:
1. Services. For a period of 21 days after the date of this Contract, subject to
extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all
supervision, technical personnel, labor, materials, tools, machinery, services, and perform and
substantially complete all work within the time period stated in the specifications after receipt of
Notice to Proceed with respect to a given property or set of properties. Work to be performed
includes all work described in the Contract Documents (defined below).
Contractor shall provide the above services at the cost set forth in Contractor's RFP response.
Contractor will be paid a lump sum for which services are performed and accepted. Contractor's
request for payment for services authorized under this Contract shall be submitted at the
completion of project and will be paid within thirty (30) days after receipt of an original invoice
and after such services are delivered and accepted. Contractor will be paid for all items
satisfactorily completed. Such payment will be full compensation for all work performed, for all
permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances,
including safety, and for furnishing all materials, equipment and labor to complete the work, in
accordance with the specifications.
2. Contract Documents. The following documents (collectively, the "Contract
Documents") are hereby incorporated by reference as though set forth herein in full:
a. Request for Proposal
b. Response (Proposal)
d. Specifications for Demolition and Site Clearance
e. Signature Page
f. Building Demolition Insurance Requirements
In the event of conflict between the provisions of the Contract Documents and this Contract, the
provisions of this Contract shall prevail.
2.1 Contract Limits. Total actual expenses allowed by the project Contract, including
any renewal extensions of the Contract, shall not exceed $33,800.00 as submitted in the
contractors RFP response.
3. Approval; Timing of Work. Contractor shall not begin work on any demolition
until after the contract has been approved by the city council and the Contractor has been issued
a Notice to Proceed. The work shall commence within two (10) days after the City has issued a
Notice to Proceed
4. Performance Bond. Contractor will be required to furnish bond in an amount
equal to one hundred percent (100%) of the contract price and shall be issued by a responsible
surety acceptable to the City. The bond shall guarantee the faithful performance of the contract
and the terms and conditions therein contained, shall guarantee the prompt payment of all
materials and labor and protect and save harmless the City from claims and damages of any kind
arising out of the performance of this contract.
5. Indemnity. City agrees to indemnify Contractor from and against any and all claims,
demands, causes of action, damages, costs and liabilities of any type or nature, including
reasonable attorney's fees, arising from or in connection with damage to the Adjacent
Building that results from an uncontrolled collapse of the Structure during Contractor's
demolition activities.
6. Notwithstanding the foregoing, Contractor agrees to use all reasonable methods in the
circumstances to mitigate the risk of an uncontrolled collapse of the Structure that would
cause damage to the Adjacent Building and to undertake all activities of demolition with
due care. Except to the limited extent modified by this addendum, all terms and
conditions of the Demo Contract shall remain unmodified and in full force and effect.
6.1 Property Damage. Contractor shall be responsible for all damage to public or
private property. Contractor shall have one responsible person at the job site at all times
when demolition activities are undertaken. Contractor shall keep a report of all damage.
If public or private property is damaged by Contractor and is not repaired in a timely
manner as determined by City, City has the option of having the damage repaired at the
Contractor's expense, to be reimbursed to the City or withheld from future payments to
Contractor hereunder.
6. Default; Termination for Cause. In the event that Contractor defaults in the
performance or observance of any covenant, agreement or obligation set forth in this Contract, and
if such default remains uncured for a period of seven (7) days after notice thereof shall have been
given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is
curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be
done or remedied within such 14 -day period and thereafter Contractor fails to diligently and
continuously prosecute the same to completion within such 14 -day period), then City may declare
that Contractor is in default hereunder and may take any one or more of the following steps, at its
option:
a. by mandamus or other suit, action or proceeding at law or in equity, require
Contractor to perform its obligations and covenants hereunder, or enjoin any
acts or things which may be unlawful or in violation of the rights of the City
hereunder, or obtain damages caused to the City by any such default;
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b. have access to and inspect, examine and make copies of all books and records
of Contractor which pertain to the project;
c. declare a default of this Contract, make no further disbursements, and demand
immediate repayment from Contractor of any funds previously disbursed under
this Contract;
d. terminate this Contract by delivery to Contractor of written notice of
termination; and/or
e. take whatever other action at law or in equity may be necessary or desirable to
enforce the obligations and covenants of Contractor hereunder, including but
not limited to the recovery of funds.
No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or
waive the right of City to enforce the same or to obtain relief against or recover for the continuation
or repetition of such breach or violation or any similar breach or violation thereof at any later time
or times. In the event that City prevails against Contractor in a suit or other enforcement action
hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City.
7. Termination for Convenience. This Contract may be terminated at any time, in
whole or in part, upon the mutual written agreement of the parties. City may also choose to
terminate this Contract at any time by delivering to Contractor 10 -days' advance written notice
of intent to terminate.
8. Non -Assignable Duties. Contractor may not assign its duties hereunder without
the prior written consent of City.
11. Independent Contractor. Contractor is an independent contractor and is not an
employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority
to enter into contracts or agreements on behalf of City. City shall determine the work to be done
by Contractor, but Contractor shall determine the legal means by which it performs the work
specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes
of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees,
if any, shall be entitled to receive any benefits which employees of City are entitled to receive
and shall not be entitled to workers' compensation, unemployment compensation, medical
insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of
their work for City. Contractor shall be solely responsible for compensating its employees, if
any.
12. Anti -Discrimination. During the performance of this Contract, Contractor, for
itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws
of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein
incorporated by reference and made a part of this Contract.
13. Severability. In the event any provision of this Contract, together with the
Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the
remaining provisions of this Contract shall not be affected thereby and shall continue in full
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force and effect. If, for any reason, a court finds that any provision of this Contract is invalid,
illegal, or unenforceable as written, but that by limiting such provision it would become valid,
legal, and enforceable, then such provision shall be deemed to be written and shall be construed
and enforced as so limited.
14. General Terms. This Contract, together with the Contract Documents, constitutes
the entire agreement between the parties pertaining to the subject matter hereof. This Contract
may not be modified or amended except pursuant to the mutual written agreement of the parties.
This Contract is binding on the parties and the heirs, personal representatives, successor and
assigns of each. Time is of the essence in the performance of the terms hereof.
IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and
Site Clearance Services as of the date first set forth above.
CITY OF WATERLOO, IOWA
By:,e,
Ernest G. Clark, Mayor
Construction
Attest: `ci.e°,z0�
Suzy Schaes, City Clerk
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Snodgrass- B
n's Sand and Gravel