HomeMy WebLinkAbout63-79 RESOLUTION•
•
RESOLUTION NO.
•
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH BRAUN EXCAVATING COMPANY FOR THE MICROFILMED
CONSTRUCTION OF SEWER LINES IN CONNECTION WITH THE CITY'S
1976 COMMUNITY DEVELOPMENT PROGRAM.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized
and directed to execute a contract with Braun Excaving
Company for the construction of sewer lines in connection with
the City's 1976 Community Development Sewer Line Program.
A copy of the Contract authorized by this resolution is
attached hereto, marked Exhibit "A and made a part hereof.
PASSED AND APPROVED this
�,a£ATTEST: t..-,
MEN
AIL41CXS,l
:.A.- CITY. QLE'RK
'.O > I •
•
day of �,r , 1979.
APPROVED:
•
THIS AGREEMENT, made this
CONTRACT
.12th day of 7ti1y
•
•
, 1929--, by and
HUD -4738-F
16-661
hetwcen Community Development Department, City of Fayettevil,lrein called "Owner,"acting
(Corporate Name of Owner)
herein through its
Mayor, David Malone
(Title ofAuthorized Official)
and
Braun Excavating Company
STRIKE OUT (a corporation) (xopcixttxttkip}
INAPPLICABLE (iitalilkactaitliOtfpbtitaintataix
. TERMS
of
Seymour
hereinafter called "Contractor."-
County of Webster• , and State of Missouri
•
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete
the construction described as follows:
Sewer Line Improvements
Project # D -HUD -602, Phase I
hereinafter called the project, for the sum ofN]11Pty_Ejght Thou sand Jour Hund red_Jetenty lght_andar4/100
(S 98,428.40) and all extra work in connection therewith, under the terms as stated in the General and Special Con-
ditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to com-
plete the said project in accordance with the conditions and prices stated in the Proposal, the General Conditions, Sup-
plemental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue
prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents
therefor as prepared by Melvin hMi,.1.hoLland , herein entitled the Architect/Engineer,
and as enumerated in Paragraph 1 of the Supplemental General Conditions, all of which are made a part hereof and col-
lectively evidence and constitute the contract.
The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project within 180 consecutive calendar days
thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $ 75.00 for each consecu-
tive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to
additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account
thereof as provided in Paragraph 25, "Payments to Contractor," of the General Conditions.
(Over)
MICROFILMED
DATE SEP 6 1979
REEL
•IN WJTNESS WHEREOF, the parties to there presents have executed this contract in six (a) counterparts, each
of which shall be deemed an original, in the year and day first above mentioned.
(Seal)
• ATTEST;
1444.0( ,2
(Witness)
(Seal)
ar. r
ei
c�
je
(Witness)
BY
Qz,_ bi2r,,tez_
By
—al (Title)
Oh)
v
arLrLr'eu11ly NCt. l ;
CLn ractos) /
7Orerfcl&n7L
(Title)
Address end Zip Code)
NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.
HUD -4238-F (6-66)
•
GPO 869-3B0
t
•
CONDITION OF AWARD
BID FOR UNIT PRICE CONTRACT
FOR
C -D PROJECT D -HUD 602
Fayetteville, Arkansas
•
As a condition of award of said project contract, the Owner and Contractor
hereby agrees to the estimated quantities for bid items noted in the proposals
as "SB -2" and "Rock Excavation" as listed below for each section of the
Sewer Systems at the unit prices submitted in the Original Proposal.
The City of Fayetteville, Arkansas is hereby obligated to these quantity
amounts to the extent as noted in the General Conditions Item No. 38 "Quantities
of Estimate," Page 11, of the Project's Plans and Specifications.
SEWER SEGMENT QUANTITIES QUANTITIES
Rock Excavation - SB -2 -
Cubic Yards Tons
1. Highway 16 East 38 173
2. Stone Street 31 90
3, Lateral 304 2 2
4. Lateral 102 12 21
5. Sub -Main 210 6 17
6. Lateral 103 5 6
7. Lateral 511 8 39
8. Sub -Main 6103 6
i
9. Lateral 512 12 29
10. Main 100 & Sub -Main 310 1L 121
11. Lateral 611 7 22
9d V
ti
• DATE: 7 •- 1 19 77
•
•
IN WITNESS WHEREOF, the parties to these presents have executed this
Condition of Award of contract each of which shall be deemed an original,
in the year and day first above mentioned,
.r
Gsie,
(SeaLAP-
ATTEST s+'
(Secret
-.
(Sga1)�A - z^'
(Witness)
NOTE:
(Owner)
By
561 OAL)
(Title)
RRAO N ExCAUra77VG. CO
(Contractor)
By 11A.r.n0
PJLta
6hAl"At)
(Title)
R, 3 lnr
is? r- Senyeile
(Address and Zip Code) 6572Je
Secretary of the Owner should attest. If Contractor is a corporation,
Secretary should attest.
i
.n
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA DOCUMENT
SEPT. 19d/ ED.
A311
PERFORMANCE BOND
#MNR 17 78 24/0-24473
KNOW ALL MEN BY THESE PRESENTS: that (Here insert name end address or legal title of Contractor)
BRAUN EXCAVATING COMPANY
Seymour, Missouri
as Principal, hereinafter called Contractor, and, INSURANCE COMPANY OF NORTH AMERICA,
1600 Arch Street, Philadelphia, Pennsylvania, a Corporation duly organized under the laws of the
Commonwealth of Pennsylvania
as Surety, hereinafter called Surety, are held and firmly bound unto (Name and address or legal title of Owners
•
COMMUNITY DEVELOPMENT DEPARTMENT, CITY OF FAYETTEVILLE
Fayetteville, Arkansas
as Obligee, hereinafter called Owner, in the amount of Ninety—Eight Thousand, Four
Hundred Twenty -Eight and 40/100
for the payment whereof Contractor and Surety bind
successors and assigns, jointly and severally, firmly by
3 _ _
�WHt,'REAS,.
= 'c =•.
: G' Com ractor }1i15 -by
�
etf
cam` �`5;ewer
,--- Dollars($ 98,428.40 ),
themselves, their heirs, executors, administrators,
these presents.
written agreement dated July 121979 , entered into a contract with Owner for
Line Improvements, Project #D -HUD -602, Phase I
.-- in accordance with drawings and specifications prepared by (Here Insert mss name, titlesnd address)
,••
ti
e
itigvhich,contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
`-o
143
`iY/
Melvin Milholland
SB -277a
MICRO tt ?• 1979
nes
DATE
Approved by The American Institute of Architects
PERFORMANCE/LABOR-MATERIAL BOND
AIA DOC. A011 SEPT. 1963 ED
•
\ '1 EK E F OK . 'rHE CONDITION OF a HIS )Bl IGATION is si.eh that. of Contractor shall promptly and
'u"'• perform said Contract, then this Mitigation shall be null and void; otherwise it shall remain
:r c and effect
IL St rrty hereby waives notice of apo. Alteration
lei • n of time made b) the Owner.
Vk 11L•'c%1 r smltac'nr shall be, and !let !toed by
Owner to 'le III default under the Contract the Ow nei
has ing perloa meJ Owner s obligations then:wa le, the
Surely may promptly remedy the default Or thall
on II ptly
1 a t rmplete the Contract in accordance with Is terns
:oae' e. IJItiuns, or
'rump a hid or hits for submission to Owner tor
.nn; ' -tang the Contract in accordance with its terms
lanbon, and upon determination hy
%urely of the :owest responsible bidder, arrange
,r-.uur4LI bcly een web bidder and Owner, and
a n. r; avalahle as work progresses (even though
there should be a default or a succession of defaults
'.ander the contract or contracts of completion ar
.J chis 31st
''; \r 1 l a�
Countersign,gd:
ranged under this paragraph) sufficient funds to pay
the cost of completion less the balance of the contract
price; but not exceeding, including other costs and
damages for which the Surety may be liable here-
under, the ,amount set forth in the first paragraph
hereof 1 he term "balance of the contract price," its
used in this paragraph, shall mean the total amount
payable hy Owner to Contractor under the Contract
and any amendments thereto, less the amount prop-
erly paid by Owner to Contractor.
Any suit under this bond must be instituted before
the expiration of two r 2) years from the date on which
final payment under the contract falls due.
No right of tenon shai: accrue on this bond to or
for the use of any person or corporation other than
the Owuer named herein or the heirs. executors, ad-
ministrators or successors of Owner.
day of July A.D. 1979
BRAUN EXCAVATING COMPANY
!Principal)
?` (Title)
INSI RAN('E t iMPAT Y OF NORTH AMERICA
!surety) (S.+t)
teary L
(\
leis) tto ey-1n-'act
t!T ,was
1 ki .y.....t..);r�
0 .t
% 1
T
THE AMERICAN INSTITUTE OF ARCHITECTS
A3I1
LABOR AND MATERIAL PAYMENT BOND
THIS BOND 1S ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that (Here Insert name and address or legal title of Contractor)
BRAUN EXCAVATING COMPANY
Seymour, Missouri
as Principal, hereinafter called Principal, and, INSURANCE COMPANY OF NORTH AMERICA,
1600 Arch Street, Philadelphia, Pennsylvania, a corporation, duly organized under the laws of the
Commonwealth of Pennsylvania
as Surety, hereinafter called Surety, are held and firmly bound unto (Name and address or legal title of Owner)
COMMUNITY DEVELOPMENT DEPARTMENT, CITY OF FAYETTEVILLE
Fayetteville, Arkansas
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
Ninety—Eight Thousand, Four Hundred
amount of Twenty—Eight and 40/100 Dollars ($ 98, 428.40 ),
(Here insert • sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
J" • - 1
Cr4
174 ~ '
re WHER'EASS,
Pbrickpaie a_f by written agreement dated July 12 , 19 79, entered into a contract with Owner for
1:11a9.46 N' 41%,y - newer Line Improvements, Project #D—HUD-602, Phase I
Zex'\� r•• •
in accordance with drawings and specifications prepared by (Here insert full name, title and address)
otio Melvin Milholland
▪ •
whicli contract • is by reference made a part hereof, and is hereinafter referred to as the Contract.
tosor
1 t.
•
2
SI3-273a
Approved by The American Institute of Architects
PERFORMANCE/LABOR-MATERIAL BOND
AIA DOC. A8Il SEPT. 1063 ED
NUw, ItIEREFORE, rue cONDIHUN Of nus UhL.IGA1IUN is such That, if Principal shall promptly make
payment to all claimants as hereinafter defined, for all labor and material used or reasonably required
for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain
in full force and effect, subject, however, to the following conditions:
I. A claimant is dehned as one having a direct
contract with the Principal or with a subcontractor of
the Principal for labor, material, or both, used or
reasonably required for use in the performance of the
contract, labor and material being construed to in-
clude that part of water, gas, power. light, heal, oil,
gasoline, telephone service or rental of equipment
directly applicable to the Contract
2. 'I he above named Principal and Surety hereby
jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in
full before the expiration of a period of ninety (90)
days after the date on which the last of such claim-
ant's work or labor was done or perforated, or ma-
terials were furnished by such claimant, may sue an
this bond for the use of such claimant, prosecute the
suit to final judgment for such sum or sums as may
he justly due claimant, and have execution thereon.
the Owner shall not be liable for the payment el an
costs or expenses of any such suit.
3. No suit or action shall be commenced here-
under by any claimant
a) Unless claimant, other that) one having a direct
contract with the Principal, shall have given written
nonce to any two of the following: The Principal, the
Owner, or the Surety above named, within ninety (90)
Jays alter such claimant did or performed the last of
the work or labor, or furnished the last of the ma-
terraf for which said claim is tr I.• stating with sub-
stantial accuracy the amount ct. lied and the name
Signed and sealed this 31st
IN THE PRESENCE OF:
Countersign d: i/ :IZ
of Mc party to whom the materials were furnished,
or for whom the work or labor was done or per-
formed. Such nonce shall be served by mailing the
sante by registered mail or certified mail, postage
prepaid, in an enselope addressed to the Principal.
Owner or Surety, at any place where an ollice is regu-
larly maintained for the transaction of business. or
served in any manner in which legal process may he
served in the state in which the aforesaid project is
located, save that such service need not be made bt
a public officer.
h) After the expiration 01 one ( 1) year following the
date on which Principal ceased work on said Contract,
it being understood, however, that if any limitation
embodied in this pond is prohibited by any law con-
trolling the construction hereof such limitation shall
be deemed to he amended so as to he equal to the
minimum period of limitation permitted by such law.
c) Other than in a state court of competent jurisdic-
tion in and for the country or other political subdi-
vision of the state in which the project, or any purl
thereof, is situated, or in the United Stales District
Court for the district in which the project, or any
part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by
and to the extent of any payment or payments made
in good faith hereunder, inclusive of the payment by
Surety of mechanics' liens which may be filed of rec-
ord against said improvement, whether or not claim
for the amount of such lien be presented under and
against this bond.
day of July A.D. 19 79
BRAUN EXCAVATING COMPANY
(Principal)
aMIEL
INSURANCE COMPANY OF NORTH AMERICA
(Surety) - (Seal)
Gary L. Lack
r^j
itfe
Attorney -in -Fact
PERFORMANCE/LABOR-MATERIAL HOND
AMA DOC. A011
SEPT. 1963 ED.
•
Stale 61
County of
ss:
on the 31st day of July, 1979
therein, duly commissioned and sworn, personally appeared
1
before me, a Notary Public in and for said County and State, residing
Gary L.Lack
known to me to be Attorney -in -Fact of Insurance Company of North America
the corporation described in and that executed the within and foregoing instrument, and known.to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my }rand and affixed my official seal, the day ar and y�ar stated ; ,this c=,. ificate above.
ti
My Commission Expires
360212-6-66
MARK SAUER
NOTARY PUBLIC—STATE OF MISSniiRI
ST. LOUIS COUNTY
MY COMMISSION EXPIRES MAR. 8, 1982
-Notary Public
4 . ..
411-'
"t POWER OF ATTORNEY
INA INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA, PA.
Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA,
a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia,
Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors of the said Company
on May 28, 1975, to wit:
"RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of
bonds, undertakings, recognizances, contracts and other writings in the nature thereof:
(1) That the President, or any Vice -President, Assistant Vice -President, Resident Vice -President or Attorney -in -Fact, may execute for
and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the
same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the
Company affixed thereto; and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident
Assistant Secretaries and Attorneys -in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and
to affix the seal of the Company thereto.
(2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed
by the President and attested by the Secretary.
(3) The signature of the President or a Vice -President and the seal of the Company may be affixed by facsimile on any power of
attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by
facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid
and binding on the Company.
(4) Such Resident Officers and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By-laws of the
Company, and any affidavit or record of the Company necessary to the discharge of their duties.
(5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9,
1953."
does hereby nominate, constitute and appoint B. ROBERT LARKIN, WM. W. FETNER and GARY L. LACK,
all of the City of St. Louis, State of Missouri
•
each individually if there be more than one named,
its true and lawful attorney-in-fact, to make, execute, seal- and deliver on its behalf, and as its act and deed
any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the
execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully
and amply as if they had been duly executed and acknowledged by the regularly elected officers of the
Company at its principal office.
IN WITNESS WHEREOF; the said -C. DANIEL DRAKE , Vice -President,
has hereunto -subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF
NORTH AMERICA this 24th day of April 19 79
(SEAL)
INSURANCE COMPANY OF NORTH AMERICA
by C. DANIEL DRAKE
Vice -President
STATE OF PENNSYLVANIA } ss.
COUNTY OF PHILADELPHIA
On this 24th day of April A. D. 19 79 , before me, a Notary
Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came
• C. DANIEL DRAKE Vice -President of the INSURANCE
COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding
instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the
corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and
direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to
in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia,
the day and year first above written.
/• <=•`..„�• MAUT .EEN..5C � L
Notary Public.
ommissiomexpires-August 13, 1979
undersigned, -Assistant Secretary of INSURANCE COMPANY OF NOR MERICA, do hereby certify that
OWER -OF ATTORNEY, of which the foregoing is a full, tr. and correc • . 's in full force and effect.
tness whereoftl have hereunto subscribed my name as �' the
•-3
seal
ation, this' x"p_ *31St day of July '.
e w_ _.•.'"4-
:.---,
..a 1
�_. ,
-1r. w'
38.1C ins hinted In U.S.A.
Secretary,
19.7
1
nor
r
Assistant Secretary
crow;
THIS
THIS
CERTIFICATE
CERTIFICATE
0
I5 ISSUED
DOES NOT
F%� liFl!7:�3
@thauiKaD
AS A MATTER OF
AMEND. EXTEND
INFORMATION
OR ALTER THE
ONLY AND
COVERAGE
0
CONFERS
AFFORDED
0
RIGHTS UPON
THE POLICIES
THE CERTIFICATE
LISTED BELOW.
HOLDER
0
NAME AND ADDRESS OF AGENCY
Lawton -Byrne -Bruner Insurance Agency
William L. Marshafl
10 Broadway
St. Louis, Missouri 63102
COMPANIES AFFORDING COVERAGES
COMPANY A Maryland Casualty Company
LETTER
COMPANY B
LETTER
NAME AND ADDRESS OF INSURED
Braun Excavating Company
Route 3, Box 157C
Seymour, Missouri 65746
COMPANY ■
LETTER V
COMPANY D
LETTER
COMPANY E
LETTER
This is to certify that policies of insurance lis ed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition
of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the
terms, exclusions and conditions of such policies.
COMPANY
LETTER
TYPE OF INSURANCE
POLICY NUMBER
POLICY
EXPIRATION DATE
Limits of Liabil'ty in Thousands (000)
EACH
OCCURRENCE
AGGREGATE
A
II GENERAL LIABILITY
��
B�l ll COMPREHENSIVE FORM
IO,J PREMISES -OPERATIONS
E EXPLOSION AND COLLAPSE
HAZARD
® UNDERGROUND HAZARD
® PRODUCTS/COMPLETED
OPERATIONS HAZARD
®CONTRACTUAL INSURANCE
®BROAD FORM PROPERTY
DAMAGE
IJINDEPENDENT CONTRACTORS
PERSONAL INJURY
GL13475319
) if any
6/30/80
BODILY INJURY
PROPERTY DAMAGE
$ 500
$ 250
s 500
:250
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
$
$
PERSONAL INJURY
A
AUTOMOBILE LIABILITY
kJ COMPREHENSIVE FORM
E OWNED
E HIRED
E NON -OWNED
) If
) Any
CA02935870
6/30/80
BODILY INJURY
(EACH PERSON)
BODILY INJURY
(EACH ACCIDENT)
s
$
PROPERrY DAMAGE
E
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
$ 500
A
EXCESS LIABILITY
UB27984503
6/30/80
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
$ 1,000
$ 1,000
y�
gJ UMBRELLA FORM
❑ OTHER THAN UMBRELLA
FORM
WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
TCO20711552
6/30/80
STATUTORY
00
H ACCIDENTI
OTHER
DESCRIPTION OF 0
RATIONS/LOCATIONSNEH CLES
FOR: City of 'Fayettevil'le, Arkansas
Community Development Sewer Project ID -HUD 602
Cancellation: Should any of the above described policies. be cancelled before the expiration date thereof, the issuing corn-
pany will endeavor to mail_ days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
ACORD 25 (1-79)
NAME AND ADDRESS OF CERTIFICATE HOLDER:
City of Fayetteville, Arkansas
P. O. Drawer F
Fayetteville,'Arkansas 72701
DATE ISSUED_y3411y 31
979
(a.Li. s L1,,,
AUTHORIZED REPRESENTATIVE