HomeMy WebLinkAbout6-89 RESOLUTIONRESOLUTION NO. 6-89
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT WITH GARNEY
CONSTRUCTION CO. FOR REHABILITATION OF SEWER
LINES.
BE IT:RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized: and directed to execute a contract with Garney
Construction Co. for rehabilitation of sewer lines at total cost
of $410,646.00. A copy of the contract authorized for execution
is attached hereto marked "Exhibit A" and made a part hereof.
,PASSED AND APPROVED this 17th day of January
APPROVED
, 1989.
By:/ ddi /C/. / / ,i?iC ri. %
Mayor /
b .
•
•
Bond No. 459 5260
ARKANSAS PERFORMANCE AND PAY ENT BOND
(14-604 Arkansas Statutes)
KNOW AL. MEN BY THESE PRESENTS: That we.(1) Garney Companies, Inc.
a (2) Corporation , hereinafter called "Principal" and
(3) Hartford Fire Insurance Cofompany Hartford State of
Connecticut - hereinafter called the "Surety", are held and
firmlybound unto (4) City of Fayetteville, Arkansas , hereinafter called
FOUR HUNDRED TEN THOUSAND SIX
"Owner'? in the penal sum of HUNDRED FORTY SIX & NO/100dollars ($410,646.00),
in lawful money of the United States, for the payment of which sum well
and trdly to be made, said principals and Surety bind themselves, their
heirs,ladministrators, executors, successors and assigns, jointly and
severally, by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal
entered.into a certain contract with the Owner, dated the 8th
day ofi February , 19 89 a copy of which is attached and made a part
hereof !for the construction of:
24" Slewerline Rehabilitation Proiect
NOW, THEREOFRE, if the Principal shall well, truly and faithfully perform
its duties, all the undertakings, covenants, terms, conditions, and agree-
ment of said contract during the original tern thereof, and any extensions
.thereof which may be granted by the Owner, with or .:ithbut notice to the
Surety) and if he shall satisfy all claims and demands incurred under such
contract, and shall fully indemnify and save harmless the Owner from all
costs and damages which it nav suffer by reason of failure to do so, and
shall reimburse and repay the Owner all outlay and expense which the Owner
may incur in making good any default, and shall promptly make payment to all
persons, firms, subco- captors and corporations furnishing material for or
perforMing labor in the Prosecution of the work provided for in such contract,
any any authorized extension or modification thereof, all amounts due for,
but not limited to, materials, lubricants, oil, gasoline, coal and coke,
iepairion machinery, equipment and tools consumed or used in connection with
the construction of said work, fuel oil, camp ecuipment, food for men, feed
for animals, Premium for bonds and liability and workmen's compensation
insurance, rentals on machinery, ecui_ment and dra_t animals; also for taxes
or payments due the State of Arkansas or any political subdivisions thereof
which shall have arisen on account of, or in connection with, the wages
earned by workmen covered by the bond; and for all labor performed in such
work whether by subcontractor or otherwise, then this obligation shall be
void, otherwise to remain in full force and effect.
EXHIBIT A
•
gi
The Surety agrees the terms of this bond shall cover the payment by
the principal of not less than the -prevailing hourly rate of wages as
determined by the Arkansas Department of Labor or U. S. Secretary of
Labor,'whichever is greater, to all workmen performing work under the
contract.
PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alternation,
or addition to the terms of the contract or to the work to be performed
thereunder of the specifications accompanying the same, shall in any wise
affectlits obligation on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the
contract as to the work or to the specifications.
4
PROVIDED FURTHER, that no final settlement between the Owner and the
contractor shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six (6)
each of which shall be deemed -an original, this 8th
-February , 19-89.
ATTEST:
SECRETARY (PRINCIPAL)
(SEAL)!
u.GL
WITPFoNirocufamisaire INC.
`( 1331 N.W. VIVION ROAD
kANSAS CITY, MISSOURI 64118
ADDRESS
ATTEST,:
�a1' ?
£gci-;;�f.(SURETY) witn ss•
(SEAL)!
C-7)
WITNESS AS - TO ATTORNEY -IN -=ACT
- 74fh!& State Line Rd., Prairie Village, KS
ADDRESS
Garney Companies, Inc.
(PRINCIPAL)
BYSC-
(TITI,E)
counter^arts,
day of
%Ii 5: 4•44) V,c.c &f&
1331 Northwest Vivion Road, Kansas City, MO
(ADDRESS)
. Hartford Fire Insurance Company
(SURETY)
74th & State Line Rd., Prairie Village, KS
ADDRESS
6 -
Linda Frey Arkansaj itesident Agent
•
•
HARTFORD FIRE INSURANCE COMPANY
Halortlaq Connecticut
POWER OF ATTORNEY
Know all men by (hese Presents, That the HARTFORD FIRE INSURANCE COMPANY, a
corporation duly organized under Me laws of the State of Connecticut, and having its principal office in the City of
Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint
JOHN T. LOCKTON, III and/or DAVID M. LOCKTON of MISSION HILLS, KANSAS; BARBARA M. THACKER,
MICHAEL D. WRIPPS and JANET L. MCRILL of SHAWNEE MISSION, KANSAS;
JAMES C. PATEIDL of LEAWOOD, KANSAS; SAMUEL G. TOBIS of PRAIRIE VILLAGE, KANSAS;
its true and lawful Attorney(s)-in-Fact. with full power and authority to each of said Attorney(s)-in-Fact, in (heir
separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and
undertakings and other writings obligatory in Me nature thereof on behalf of the Company in its business of
guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of
contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds
are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or
permitted in all actions or proceedings or by law allowed,
and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such
bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of
the HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers. and hereby
ratifies and confines all that its said Attorney(s)-in-Fact may do in pursuance hereof.
This power of attorney is granted by and under authority of the following provisions:
(1) By -Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly
called and held on the 9th day of March, 1971. •
ARTICLE IV
SECTION i e. The President of any Vic.President acting with any Secretary or Assistant Secretary. shall have power and authority to
appoint for pu poses only al executing and attesting bonds and undertakings and other writings obligatory in the nature meteor. one or more
Resident Vice -Presidents. Resident Assistant Secretaries and Attorneys -in -Fact and at any time to remove any such Resident Vice -President
Resident Assistant Secretary. or Attorney -in -Fact. and revoke the power and authority given to him.
SECTION 11. Attorneys -in -Fact shall have power and authority. subject to the terms and limitations of the power of attorney issued to
them. 10 execu e and deliver on behalf 01 the Company and to attach the seal of the Company thereto any and all bonds and undertakings and
other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the
Company as it gned by an Executive Officer and sealed and attested by one other of such Officers.
(2) Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD FIRE INSURANCE
COMPANY duly called and held on the 11th day of June, 1976:
RESOLVED: Robert N. H. Saner. Assistant Vice -President shall have as long as he holds such office Me same power as any Vice -
President unde Sections 8.7 and 8 of Article IV of the By-laws of the Company.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held
on the 6th day of August, 1976.
ESOLVED, that. whereas Robert N. H. Saner. Assistant Vice -President. acting with any Secretary or Assistant Secretary. has the power
'and authority. as long as he holds such office. to appoint by a power of attorney. for purposes Dory of executing and attesting bonds and
undertakings and other writings obligatory in the nature thereof. one or more Resident vice -Presidents. Assistant Secretaries and Attorney -
in -Fact: s.Now. therefore, the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any
certificate relating thereto by facsimile. and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect t0 any bond or undertaking to which it is attached.
In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed
by its Assis ant Vice -President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 18th
day of March 1988.
Attest: HARTFORD FIRE INSURANCE COMPANY
Robert J. Mathieu
Secretary
STATE OF CONNECTICUT,
COUNTY OF HARTFORD.
a
Robert N. H. Sener
Assistant Vice -President
On this 18th day of March. A.D. 1988. before me personally came Robert N. H. Sener; to me known, who being by
me duly sworn. did depose and say: that he resides in the County of Hartford, State of Connecticut: that he is the
Assistant Vice -President of the HARTFORD FIRE INSURANCE COMPANY. the corporation described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and
that he signed his name thereto by like order.
STATE OF CONNECTICUT,
COUNTY OF HARTFORD.
s&
�
v7c
Jacqueline T. Derosiers, Notary Public
CERTIFICATE My Commission Expires April 1. 1993
373913
I, the undersigned, Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY. a Connecticut
Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force
and has not been revoked; and furthermore, that the Resolutions of the Board of Directors, set forth in the Power
of Attorney, are now in force.
Signed and sealed at the City of Hartford. Dated the day of Febarya 19 89
8th
David A. Johnson
Form 5.0807.4 1(Hr) Printed in USA. Assistant Secretary
et
CONTRACT
1. THIS:CONTRACT executed this 8th day of February , 1989 by and
between The City of Fayetteville and Garney Companies, Inc.
the Contractor:
WITNESSETH:
For and in Consideration of -the payments to be made as hereinafter set
forth, the Contractor agrees to furnish all tools, labor, equipment,
materials, and supplies required to construct the improvements described as
24" Sewerline Rehabilitation
Contract Price Of: $410,646.00
for the City of Fayetteville, Arkansas, in exact accordance with the City's
Plans and Specifications for said improvements and the Contractor's Proposal
on file at the Office of the City Engineer, which Documents are incorporated
by reference thereto, subject to the inspection of and to the complete
satisfaction of the City.
2. The City agrees to pay and the Contractor agrees to accept as full
and final compensation for all work done under this agreement, the Unit
Prices and/or Lump Sum Price. named in the Contractor's Proposal, such
payment to be made in lawful money of the United States, at the time and in
the manner set forth in the Specifications.
3. The Contractor. agrees, for the consideration above expressed,
to begin and complete the work within the time specified in the Proposal.
Time is expressly made of the essence of this Contract. If the Contractor
shall fail to complete the work in the time specified he shall pay to the
City, as liquidated damages, ascertained and agreed, and not in the nature
of a penalty, the damages specified in the Proposal for each day delayed,
which shall be deducted from the final amount to be paid under the Contract.
Extensions of time may be granted with waiver of liquidated damages as
provided for:in the Specifications.
4. The Contractor agrees to furnish a Bond, with Surety approved by the
City and authorized to do business in the State of Arkansas, guaranteeing
the performance of this Contract,for not less than one hundred (100) percent
of the amount of this Contract. Said Bond shall be conditioned on full and
complete performance of this Contract and acceptance by the City of
Fayetteville, for the payment of all labor and materials entering into or
incident to :the, proposed improvements and shall guarantee the work against
faulty workmanship or materials for a period of one (1) year after
completion.
5. The Contractor agrees also to carry Public Liability Insurance,
Property Damage Insurance, and Workman's Compensation Insurance in amounts
as required by these Specifications.
.10
WITNESS OUR HANDS THIS 8th DAY OF February
ATTEST: CITY CLERK
Corporate; Seal
(if any)
11
BY
Mayor
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
Carney Companies, Inc.
CONTRACTOR
By_4;4 nt 2z C
Name and Title
Stephen M. McCandless, Vice -Pres.
1331 N.W. Vivion Road
Kansas City, MO 64118
Business Address
•
Proposal of
a corporation*�
COY ' S^rp"�.
io" 64/ %
PROPOSAL FOR SCHEDULE I
(A UNIT PRICE CONTRACT)
Place
Date
ect-, kc lar /9A
organized and existing under the laws of the State of
, and qualified to do business in the State of Arkansas;
a Partnership* consisting of
an Individual* trading as
TO THE CITY OF FAYElut.VIt.t.F, ARKANSAS:
The bidder in compliance with your invitation for bids for the
construction of 24" Sewerline Rehabilitation Project
having examined
the Plans and Specifications with related documents and the site of the pro-
posed work, and being familiar with all the conditions surrounding the work,
including the availability of materials and labor, hereby proposes to furnish
all labor, material, and supplies required to be furnished, and to construct
the project in accordance with the Contract Documents, and at the unit prices
stated below. These prices are to cover all expenses incurred in performing
the wokk required under the Contract Documents, of which this proposal is a
part.
Bidder hereby agrees to commence work under this contract on a date to
be specified in a written "Word Order" of the Engineer, and to fully complete
the project within 75 consecutive calendar days.
Bidder acknowledges receipt of the following addenda:
NONE
* Fill out applicable blank
1
•
♦L
PROJECT: 24" Sewer Line Rehabilitation Project
By Slip Lining Method (Alt. "A")
Item ;Estimated Quantity
No. ' And Description
(1) 5200 LJF.
Slip Line the Existing 24" Pipe
With 20" OD PVC Pipe SDR 21
and Complete Grouting of Annular Space
(2) 233 L.F.
Slip Line The Existing 14" Pipe
With 12.75" OD PVC Pipe SDR 21
and Complete Grouting of Annular Space
(3) 10 Each
Service Line Re -Connection
TOTAL
Unit**
Price
Total
x s�
SEse cnC i cn...cst" ncis
Dollars 74„°' 315, J.[d'l}, �..
$ $IPS:C '
Dollars
$ 6r $ �.
Dollars
$ 1012 $ t,oncr
Dollars
$
Dollars
Dollars
$
Dollars
Dollars
$
•
fna-14..4R °TW :4v.sgM IXIA Np,.OQ&4 LAS11.1.4..4 x0 no cf+sK
FrA%_». ARLo T t Y;ub
Dollars
eo
$-`f.J�.l-A/( �`OD/6A-
4.n w.
•
Item
No.
PROJECT: 24" Sewer Line Rehabilitation Project
By Insituform Method (Alt. "B")
Estimated Quantity
: And Description
(1) '4600 L.F.
Insituform Tube
Complete in Place in Existing
24" Pipe (Min. Thickness .44")
(2) 233 L.F.
Insitiiform Tube
Complete in Place in Existing
14" Pipe (Min. Thickness .48")
(3) 600 L.F.
Insituform Tube
Complete in Place in Existing
24"1Pipe (Min. Thicness .48")
Sta 0+00 to Sta 6+00
(4) 10 Each
Service Line Re- Connection'
Unit**
Price
Dollars
$ $
Dollars
$ / $
i
Dollars
/ $
TOTAL
Dollars
$
Dollars
Dollars
$
Dollars
$
Dollars
$ MO BlG
Total
•
** Unit Prices to be shown in words and figures. In case of discrepancy
amount shown in words will govern.
The unit prices shall include all labor, materials, bailing, shoring,
overhead, profit, insurance, etc., to cover the finished work of the several
kinds called for.
Bidder understands that the Owner reserves the right to reject any or
all bids and to waive any informalities in the bidding.
The Bidder agreesthat this bid shall be good and may not be withdrawn
for a period of sixty (60) calendar days after the scheduled closing time
for receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidder will
execute the formai contract attached within ten (10) days and deliver the
Surety Bond or Bonds as required by Paragraph 8 of the General Conditions.
The bid security attached in the sum of 5`70 al/ _ L.to. amff2,4,,7,-,td
is to become the property of the Owner in the d4ent the contract and bond are
not executed within the time above set forth, as liquidated damages for the
delay and additional expense to the Owner caused thereby.
SEAL -.ff bird is by a corporation
Respectfully Submitted:
By
GARNEY COMPANIES, INC..
Stephen M. McCandlesst, Vice. President
6
Certificate of Insurance
?HIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION.ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN
INSURANCE POLICY AND GOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
This is to Certify that
GARNEY COMPANIES, INC.
1331 N.W. VIVION ROAD
KANSAS CITY, MO 64118
F
O�
Dm
¢¢
J
cc
w
x
0
0
Name and
- address of
Insured.
LIBERTY
MUTUAL
s, at the issue date of .this certificate, insured by the Company under the policy(ies) lis ed below. The insurance afforded by the listed policy(ies) is subject to all
their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this cer-
tificate may be issued.
TYPE
OF
POLICY
WORKERS'
COMPENSATION
❑ CLAIMS MADE
RETRO DATE
® OCCURRENCE
SPECIAUEXCL.
ENDORSEMENTS
® OWNED
?21 NON -OWNED
IJ HIRED
UMBRELLA
EXCESS
LIABILITY
CERT. EXP. DATE*
❑ CONTINUOUS
0 EXTENDED
154 POLICY TERM
POLICY
NUMBER
LIMIT
OF
LIABILITY
COVERAGE AFFORDED UNDER W.C. EMPLOYER'S LIABILITY
LAW OF THE FOLLOWING STATES: Bodily Injury By Accident
1/1/90 WC2-141-047635-039 AL,AR,AZ,CA,CO,FL,GA,
IA,IN,KS,KY,LA,MN,MO,
MS,MT,NC,NE,NM,OK,SC,
SD,TN,TX,UT,VA,MD
100,000
Bodily Injury By Disease
100,000
Bodily Injury By Disease
500,000
General Aggregate -Other than Products/Completed Operations
1/1/90 TB1-141-047635-059 2,000,000
Products/Completed Operations Aggregate
1,000,000
Bodily Injury and Property Damage Liability
1,000,000
Personal and Advertising Injury
1,000,000
Other
1/1/90 AS1-141-047635-019
AE2-141-047635-029
(TX)
1/1/90 LE1-141-047635-049
LOCATION(S) OF OPERATIONS & JOB # (II Applicable)
Fayetteville, AR Job
No. 7000
Ea. Acc.
Ea. Person
Pot Limit
per occurrence
COVERAGE FOR BLASTING, COLLAPSE AND
UNDERGROUND (XCU) IS PROVIDED
1, 000, 000EACH ACCIDENT -SINGLE LIMIT -B.1.
EACH PERSON
EACH ACCIDENT
OR OCCURRENCE
$
5,000,000 EACH OCCURRENCE
5,000,000 AGGREGATE
per person/
organization
AND P.D. COMBINED
EACH ACCIDENT
OR OCCURRENCE
DESCRIPTION OF OPERATIONS:
24" Sewerline Rehabilitation
* If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate
expiration date, however, you will not be notified annually of the continuation of coverage. Liberty Mutual
NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR Insurance Group
REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS
30 DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN
MAILED TO:
CERTIFICATE
HOLDER-*
Attn: Mr. Sid Norbash
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
AUTHORIZED REPRESENTATIVE
1-31-89
DATE ISSUED OFFICE
This certificate i executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Companies.
85772 RI