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Home My WebLink AboutRESOLUTION NO. 2020-87 RESOLUTION NO. 2020-87 RESOLUTION TO APPROVE CHANGE ORDER NO. 3 FROM KLEIMAN CONSTRUCTION FOR THE 2020 PUMP HOUSE & SITE IMPROVEMENTS PROJECT WHEREAS, the City Council of Fairfax, Iowa has contracted with Kleiman Construction for the 2020 Pump House & Site Improvements project; and WHEREAS,Hall&Hall Engineers has recommended approval of Change Order#3 as described below. Chlorine Monitor Specification Change. Original Contract Amount: $ 2,278,183.54 C.O. #1 (Previously Approved) $4,606.20 C.O. #2 $3,284.27 C.O. #3 $2.505.31 Revised Contract Amount: $2,288,579.32 NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Fairfax, Iowa,to approve Change Order No. 3 from Kleiman Construction for the 2020 Pump House & Site Improvements project for an additional $2,505.31 making the contract amount $2,288,579.32. BE IT FURTHER RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk/Treasurer are hereby authorized and directed to execute said resolution. Passed and approved this 13th day of October, 2020. AYES: Otto, Daly, Pacha, and Wainwright NAYS: None ABSENT: Volk Burnell G. Frieden, Mayor ATTEST: y thia Stimson, City Clerk/ reasurer Vic,, 1 HALL & HALL ENGINEERS, INC. CHANGE ORDER NO. 3 PROJECT: 2020 Pump House & Site Improvements DATE: October 9, 2020 CONTRACTOR: Kleiman Construction ORIGINAL CONTRACT AMOUNT: $2,278,183.54 CONTRACT COMPLETION DATE: April 30, 2021 ITEM#1: Chlorine Monitor Specification Change The Chlorine Monitor type was specified incorrectly in the project specifications. The attached Change Order Request submitted by the Contractor provides the price increase for supplying the correct type of Chlorine Monitor. The total Change Order 3 amount is $2,505.31. There will be no additional working days granted for these work changes. Original Contract Amount: $ 2,278,183.54 C.O.#1 (Previously Approved) $4,606.20 C.O.#2 $3,284.27 C.O.#3 $2.505.31 Revised Contract Amount: $2,288,579.32 Hall & Hall Engineers, Inc. City f Fairfax, Iowa By: a_ f Y r,, �--� B Title: Project Engineer Title: Date: 10/9/20 Date: 4_d�02° CIVIL ENGINEERING"LAND SURVEYING LAND nDEVELOPMENT PLANNING*LANDSCAPE ARCHITECTURE 1860 Boyson Road*Hiawatha, IA 52233 k Ph:319.362.9548*FAX:319.362.7595 KLEIMAN CONSTRUCTION INC. 6205 LOCUST RD.S.W. CEDAR RAPIDS,IA 5240.1 DATE: 10.6.2020 CHANGE ORDER REQUEST NO.: 03 (Avner: City of Fairfax .._.__ PROJECT: Pump House and Site Improvements 300 80"i Street Court City of Fairfax Fairfax IA 52228 690 Williams Blvd. Fairfax IA 52228 Al"I'N: Jon Larson ionLahallenR.com___ PROJECTNO: 4004 CONTRACT DATE: 4.6.2020 A CHANC7G IN"I'IIE SCOPIi C3F%YORK ANI)iOR SPECIFICATIONS IS IVDIG\'rl?D I3ri.o •'. THE OIVNHR'S PRON HIT RESPONSE IS REQUESTF1) 1. Iaescription of Change: COR#0f ITC#3 Chem Feed Equipment Specification Change Electric Pum I See AttachedQuotation) ................................................... S 2,255.00 10%SUBCONTRACTORS MARKUP S 225.50 SUBTOTAL, S 2,480.50 1%BOND PREMIUM S 24.81 TOTAL CHANGE ORDER#03 S 2,505.31 2. It is requested that the completion date be( �X_ )unchanged( j extended by calendar days. 3. Basis of Payment: -- a. ( \ )ADD( _ )DEDucr( )NO Cf 1ANGB S 2,505.31 TC)'FROM the Contract Price. b. Time and material per Contract C. As per unit prices in Contract d. Other basis: I.,ump sum —— 4. AdditionalTerms and Conditions: ----�— a. Quoted prices are guaranteed liar it period of 8 calendar clays from submittal date. b. Separate requests for time extensions will be considered valid and acceptable if no response is received within 10 calendar days from date of submittal. Submitted I3y: Stcpjwfil.Kleiman,President Approved By: (g,/� Jon _.arson Hall&c hall l.:ngineers,Inc. 4280 E.14th St. 201 4th Ave SW Des Moines,IA 60313 New Prague,MN 66071 Office:616.265.2222 Office:962.768-6600 1r Toll Free:800483-7867 Toll Free:800-636.6394 EUCTRic PUMP Fax:616-266-8079 Fax:952.768.7778 TO: Kleiman Construction Matt Sattler @ 319-533-5104 REF: Fairfax, IA -2020 Pump House & Site Improvements DATE: 9/14/20 MC2& Electric Pump are pleased to submit this proposal for the following equipment �fiang� Order . .' Scope of Work: Change ATI Chlorine per engineer request to part# Q46H/79PR112123 One (1) ATI Total Chlorine Monitor part# Q46H/79PR112123, Total Change Order price; $ Z 255.00,plus tax Note the following: Y Anything that's not specifically mentioned in this proposal is the responsibility of others Thank you for your consideration, Traci Boger(515) 265-2222 Purchase Agreement: Fairfax, IA -2020 Pump House & Site Improvements Payment: Net 30 Days We are pleased to make the following offer to sell the listed Merchandise which if firm for(30)thirty days from the above date,and is automatically withdrawn thereafter without any further notice. 1. Signing and returning this document to Electric Pump's office in Des Moines, IA may accept this offer. 2. This offer and acceptance constitutes the entire Agreement between the parties and may be modified only by a writing signed by both parties. 3, The prices quoted for equipment are valid for(30)thirty days. If the quote includes start up services and it is scheduled by the request of the buyer for a time other than Monday through Friday 8:00 to 5:00 additional charges will be due. 4. Payment terms are NET 30(thirty days)after the mailing of seller's invoice. 5. Delivery terms are F.O.B. Place of Shipment. Seller agrees to put the merchandise in the possession of the carrier,to make a reasonable contract of carriage for their transportation,to obtain and deliver or tender such documents as may be necessary to enable Buyer to obtain possession, and to promptly notify the Buyer of shipment. After seller has delivered the merchandise to the carrier,the risk of loss of the merchandise will be borne by the Buyer. The prices quoted herein include transportation charges based on existing truckload rates,any change in delivery rates existing at the time of delivery will be billed to your account. Dates of delivery are determined from the date of Seller's acceptance of any order or orders by Buyer and are estimates of approximate dates of delivery,not a guaranty of a particular day of delivery. 6. Sales and use tax are not included. 7. Buyer shall notify seller in writing at Seller's place of business as shown on the reverse side of this page,within twenty(20)days of receipt of merchandise, or any complaint whatsoever buyer may have concerning such merchandise. Failure to give such notice shall constitute a waiver by Buyer of all claims in respect to such goods. 8. If notice of complaints is provided within twenty(20)days of Buyer's receipt of the merchandise, Seller agrees to inspect the merchandise at Seller's place of business during Seller's normal business hours and days. Upon inspection,if the merchandise is determined to be defective in material or workmanship, Seiler,at Seller's option,shall repair or replace said merchandise at no cost to Buyer,or Seller may refund the purchase price. If the examined merchandise is found not to be defective or is not for some other reason within the warranty coverage, Seller's service time expended on and off-location will be charged to Buyer. 9. Seller will have no further warranty obligation under this Agreement if the Equipment is subjected to abuse, misuse, negligence or accident or if buyer fails to perform any of its duties set forth in Paragraphs 8 and 9. 10. THE WARRANTY PRINTED ABOVE IS THE ONLY WARRANTY MADE BY THE SELLER REGARDING THIS PURCHASE. SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOTHING HEREIN CONTAINED SHALL LIMIT BUYER'S RIGHTS AGAINST THE MANUFACTURER,WITH RESPECT TO MANUFACTURER'S WARRANTIES, IF ANY. 11. WARRANTY REPAIRS(which fall under the manufacturer's warranty,if any)ARE F.O.B. ELECTRIC PUMP, INC. SERVICE LOCATION. ELECTRIC PUMP, INC.WILL NOT ASSUME ANY EXTENDED WARRANTIES UNLESS APPROVED BY PRIOR WRITTEN CONSENT. THIS INCLUDES SERVICE CALLS TO JOB SITES ON PRODUCT COVERED DURING THE WARRANTY PERIOD, PLEASE REFER TO THE ATTACHED PRODUCT WARRANTY STATEMENT FOR CLARIFICATION. 12. IT IS UNDERSTOOD AND AGREED THAT SELLER'S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, THE PRICE STATED FOR THE MERCHANDISE IS A CONSIDERATION IN LIMITING SELLER'S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTION UNDER THIS AGREEMENT MAY BE BROUGHT BY BUYER MORE THAN ONE-YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. 13. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Iowa. Any dispute or disputes arising between the parties hereunder, insofar as the same cannot be settled by friendly agreement,shall be litigated only in The Iowa District Court for Polk County, in Des Moines, Iowa. Seller also has the right to commence an action against the Buyer in the County of the Buyer's principal place of business. **A hard copy of this agreement andfor a Purchase Order is required to start the submittal process** Business Name: Street Address: City/State/Zip: Phone: Fax: Email: Purchase Order Number: Purchase Order Amount: SIGNATURE: DATE: **A signed copy of this must be returned with your P.O. Is Project Taxable? Y or N,if No a tax exempt form must be supplied for our records