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HomeMy WebLinkAbout85-90 RESOLUTION• • RESOLUTION N0. 85-90 F A RESOLUTION AUTHORIZING A CONTRACT BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND FOCHTMAN ENTERPRISES„ INC. .FOR GROUP , "B" WATERLINE r_ REPLACEMENTS. y 3 , BE IT RESOLVED BY THE BOARD OF HDIRECTORS FAYETTEVILLE, ARKANSAS: , OF THE. CITY OF Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract between Fochtman Enterprises, Inc. and the City of Fayetteville, Arkansas in the amount of $434,620 for the Group "B" waterline replacements. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. budget adjustment budget adjustment hereof. That the Board of Directors hereby approve a in the amount of $237,983.00. A copy of the for approval is attached hereto and made a part PASSED AND APPROVED this ,, A.T.TEST . eta° r *eve v By eVafedr 15th day of May , 1990. 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PP o PPPbb cocmcgco ill cg 4 rtO�mhm NN {r-� [G (N� m+mO24UI ygyia{l N> Y A A a Y Y 2 4 Q K 2 Z '8 '8 '8 - gib 888 8 8 8 8 8 08i b s b g '888 8 8 8 88'a 8 8 8 ottt af 888 4. 688 888 8 g. 8 8 1 8 8 » OaNU pp�MMMMN M-1 ist 88888l58tl »»7!87» gggAgg 8a88888 88888•N•N » » , p tN NMNN bbg&gbbi 888.8.888 bts.- 8888888m 8888888 ggggggg "gtsStlit 88888U8pi bibRbbb » »ttSvi aa'88ae t o8i5 8 B 8 888 8 8 8 8 24 §88 a e88 M 8 8 011 MICR SECTION 00500 CONTRACT MED THIS AGREEMENT, made and entered into on the � 5 day of 1J17/Cc/ 19 90 , by and between Fochtman Enterprises. Inc. P.O. Box 1168, Fayetteville, Arkansas 72702 herein called the Contractor, and the City of Fayetteville, Arkansas, herein- after called the Owner: WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled WATER LINE: REPLACEMENT dated May, 1989, including: Invitation to Bid; Addenda; Instructions to Bidders; General Conditions; Supplementary Conditions; Performance and Payment Bonds; Specifications; the Proposal and acceptance thereof; and the Drawings. Sheet No. 1 - Cover • Sheet No. 2 - Work Areas Map Sheet No. 3 -- Water Lines 61 and 21 Rose Hill Addition Sheet No. 4 - Water Lines 61, 62, 63, 64 and 23 Rose Hill Addition Sheet No. 5 - Water Lines 64, 65, 21, 23, 24, 25, 26 and 27 Rose Hill Addition Sheet No. 6 - Water Lines 81 and 66 Mount Comfort Road and Addington Avenue Sheet No. 7 - Profiles Sheet No. 8 - Details Sheet No. 9 - Details • Section 00500 - 1 McClelland Consulting Engineers Incorporated Fayetteville. Arkansas cite 2. That the Contractor shall commence the work to be performed under this Agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder in 90 calendar days. 3. That the Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Proposal, in lawful money of the United States, the amount of: Four Hundred Thirty-four Thousand Six Hundred Twenty Dollars ($434,620.00 based on the Base Bid Price contained herein. 4. That within 30 days of receipt of an approved payment request, the Owner shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in the General Conditions, which is to be withheld by the Owner until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 5. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the Owner. 6. In the event that the Contractor shall fail to complete the work within the time limit or the extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rates designated in the Proposal. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the Owner, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. Section 00500 - 2 McClelland Consulting Engineers lncorporoted Fayetteville. Arkansas fad 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. IN WITNESS WHEREOF, the parties hereto have executed this and date first above written, in six Agreement'bn , theiday. ( 6) counterparts;' eacfi.r_.of for the other counte`rpart='betde ii c39 tcr r(pt..y ,,� which shall, without proof or accounting an original Contract. WITNESSES: AT0TE1M4) .sem,. 94,- .1.,:i74 -] ',- :City . eit' . tett er A proved as Atforney'for Ne to f wner ' Fochtman Enter rises Contractor Presid nt Title / CITY OF FAYETTEVILLE Title Section 00500 - 3 MCClenond Consulting Eng' ncoroaraled FoyeBevllle, Arkansas [t ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND We Fochtman Enterprises, Inc. as Principal, hereinafter called Principal, and Fireman's Fund Ingu ante Co a corporation organized and existing under the laws of the State of Arkansas and authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety,. are held and firmly bound unto the City of Fayetteville, Arkansas ' as Obligee, hereinafter called Owner, in the amount of Four Hundred Thirty-four Thousand Six Hundred Twenty Dollars ($ 434,620.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, personal ,representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated entered into a contract with Owner for replacement of water lines, which contract is by reference made a part hereof, and is' hereinafter referred to as the Contract. THE CONDITION OF THIS OBLIGATION is such that if the principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure to do so and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons shall have a direct right of action against the Principal and Surety, jointly and severally, under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six months from the date final payment is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the Contract falls due. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors. or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. Section 00500 - 4 MCCIelland Consu1,ino Enaineers Incorporated Fayetteville. Arkansas shall the aggregate liability of the Fireman's Fund Insurance Co. McClelland CenseWWJne Engineers Incorporated Fayettevillo, Arkansas GENERAL POWER OF A1TORNEY FIREMAN'S FUND INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the State of California, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appoint W. R. McNAIR, JOHN A. McNAIR, MARK R. McNAIR and BRIAN YANDELL jointly or severally FAYETTEVILLE, AR its true and lawful Attorney(s)-in-Fart, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fan may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of FIREMAN'S FUND INSURANCE COMPANY now in full force and effect. "Article VI. Appointment and Authority of Resident Secretaries, Attorney -fn -Fin and Agents to accept Legal Process and Make Appearances. Section 45. ppointment. The Chairman the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President the emay, from time toor time, anyother person authorized Assistant by the Board d Attorneys -In -Fan to represent and an for and on behalf of the Corporation and Agents to accept legal process and appoint Resident for and on behalf of Corporation•• appearances for and behalf of the Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fan and Agents shall be as prescribed in the Instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to stake such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY at a meeting duly called and held on the 7th day of August, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Corporation may be affixed or printed on any power of attorney, on any revocation of anyattorney, ' ny cert Cotporation, sed they fl o m he, and any power of attorney, any revocation of any power a ile sior on any certificate relating thereto, and facsimile, upon the Corporation!' power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid binding IN WITNESS WHEREOF, FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 7th day of March 19 88 STATE OF CALIFORNIA COUNTY OF MARIN } s On this 7thof March R. D. Farnsworth to me known, who, being by me duly sworn, did depose19 88 before me personally came described in and which executed the above instrumthat say:nows the is of said Co t of Corporation; FIREMAN'S FUND INSURANCE COMPANY,the such Corporation seal that it was so affixed by order of the Board of Directors of said Co that he signe th hist the seal theretoaffixed like the said instrument is such corporate Corporation and he signed name by order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. BY FIREMAN'S FUND INSURANCE COMPANY vie -Redden OFFICIAL SEAL SUSIE K. GILBERT NOTARY PUBLIC • Cat60RNU Principal Office in Marin County My Commission. Expires Nov. 17, 1988 11111111111111111111111111111N/1111It111na at STATE OF CALIFORNIA COUNTY OF MARIN CERTIFICATE s• 1, the undersigned, Resident Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corpora:: an, and the Resolution of the Board of Directors; sey{orthhiin the Power of Attorney, are now in force. /� Signed and sealed at the County of Marin. Dated then ) / )11 -6 -day of / Y l l f� 19 POI Notary Public 360711—FF-11.87 Reedaot Assistant &artily ACD 1:D PRODUCER CODE INSURED CERTIFICATE OF INSURANCE McNair & Associates P. 0. Box 819 Fayetteville, AR 72702. SUB -CODE Fochtman Enterprises, Inc. P. O. Drawer 1168 Fayetteville, AR 72702 COVERAGES i ISSUE DATE (MM/DD/YY) 'S-177.90 _. fTHIS CERTIF CATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS . NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, j EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW rCOMPANY LETTER A COMPANIES AFFORDING COVERAGE American General Companies j COMPANY LETTER B 11 1 COMPANY I LETTER C COMPANY LETTER D COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, 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 ALC THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. • LTR.CO TYPE OF INSURANCE POLICY NUMBER GEE/NERAL LIABILITY XI F COMMERCIAL GENERAL LIABILITY fEMAD CLAIMS _ OCCUR OWNER'S B CONTRACTOR'S PROT POLICY EFFECTIVE POLICY EXPIRATION t 1 DATE (MM/DD/YY) DATE (MM/DD/YY) ALL LIMITS IN THOUSANDS ECA06181508 ( AUTOMOBILE LIABILITY A I MW AUTO , pX ALL OWNED AUTOS AR SCHEDULED AUTOS X 1 HIRED AUTOS 1X j NON -OWNED AUTOS GARAGE LIABILITY . 41 EXCESS LIABILITY A WAA82679820 ( OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY Owner *OTHER-- —t '- s 1 S. 7-90j 5-7-91 1 5-7-90 GENERAL AGGREGATE Iy ,.000 PRODUCTS-COMP/OPS AGGREGATE $ ... 10-0-� PERSONAL & ADVERTISING INJURY ($ I_ EACH OCCURRENCE 1000 FIRE DAMAGE (Any one lire) I $ i05.0 MEDICAL EXPENSE (Any one person) COMBINED LIM TLE I! $ 1000 BODILY I 5-7-91 INJURY (Per person) I BODILY f INJURY (Per'acciden PROPERTY DAMAGE $ ERRE AGGREGATE OCCURRENCE Binder 15-29-90 ;5-29-91 $1000 $1000 TCO22677579 - 1 5-7-90 A Contractor's Job Amount Protective Liability $434,620 # i S-7-90 I5-7-91 $1,000 Combined Single __ /R Additional Insured: McClelland Consulting .Engineers,Inc!imit BI & PD p DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESSTRICTIONS/SPEC AL ITEMS "- '—Fayettev�-2le., AR-�—AR Project Covered: Waterline Replacement, City of Fayetteville, Fayetteville, AH Mount Comfort Road, Addition(lAvenue, Rose Hill Addition Project No. FY892119 STATUTORY 5-7-91 $j100- $- S00- 11-00 WISP 5 (EACH ACCIDENT) (DISEASE—POLICY LIMIT) (DISEASE—EACH EMPLOYEE CERTIFICATE HOLDER City of Fayetteville Fayetteville, AR ACORD 25-S (3/88) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ,tV Lit • DALVSl D TO THE O E OTICE TO THE E SHALL IMPOSE MPOSEATE LNOROBLIGAT ON OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED R((PRESTATIVE • ©ACORDCORPORATION 1988 9 EVIDENCE PROPERTY INSURANCE A DATE (MM/DD/YY) 5-17-90 .THIS IS EVIDENCE THAT INSURANCE AS DENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. • PRODUCER r") . Li CODE INSURED MCNAIR & ASSOCIATES P. 0. BOX 819' FAYETTEVILLE, AR 72702 00576025 SUB -CODE FOCHTMAN ENTERPRISES, INC. P. 0. DRAWER 1168 FAYETTEVILLE, AR 72702 PROPERTY INFORM • TION COMPANY AMERICAN GENERAL COMPANIES LOAN NUMBER EFFECTIVE DATE (MM/DD/YY) . 5-7-90 POLICY NUMBER BINDER 'EXPIRATION DATE (MM/DD/YY) 5-7-91 THIS REPLACES PRIOR EVIDENCE DATED: LOCATION/DESCRIPTION WATER LINE REPLACEMENT, CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS MOUNT COMEORT ROAD, ADDITION AVENUE, ROSE HILL ADDITION PROJECT NO.. FY892119 HUraq:athildlal•IT •IlL'111 CONTINUOUS UNTIL TERMINATED W CHECKED COVERAGES/PERILS/FORMS BUILDER'S RISRff INSTALLATION FLOATER T . 1 • .• .urlitt, .-!] AMOUNT OF INSURANCE • .434,620. THE CT TO THE POLICY ULES IN EFFECT FOR EACH POLIY PEIOD. SHOULD THEI POLICYBETERMINATED, THE SCOM ANY WI AND LG VE HE ADDITIONAL' INTERESTCI ENTIRE ED BELOW 10 - WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. ADDITIONAL!INTEREST NAME AND ADDRESS DEDUCTIBLE 500. CITY OF FAYETTEVILLE FAYETTEVILLE, AR CORD 27 (2/84) 1 NATURE OF INTEREST,T,9�qDp� C: in[C - A43J ,. TIONAL INSURED LOSS PAYEE SIGNA7'�IROA i • • 4 D A. EIQ OF COMPANY • (OTHER) © IIR/ACORD CORPORATION•1984