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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