HomeMy WebLinkAbout152-00 RESOLUTION• •
RESOLUTION NO, 152-00 MICR OFILMED
A RESOLUTION AWARDING BID NO. 00-71 IN THE AMOUNT
OF $33,821; APPROVES AN ADDITIONAL $10,000 FOR
UTILITIES, AND A PROJECT CONTINGENCY OF $5,000 TO
JACK MORGAN CONSTRUCTION COMPANY; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A CONSTRUCTION CONTRACT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby awards Bid No. 00-71 in the amount of $33,821;
approves an additional $10,000 for utilities, and a project contingency of $5,000 to Jack Morgan
Construction Company; and authorizes the Mayor and City Clerk to execute a construction contract.
A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof.
AND APPROVED this 7th day of November , 2000.
APPROVED:
7F ed HaMa
►
ATTEST:
By:
eather Woodruff, City erk
By:
nna
Mayor
NAME OF FILE:
m
4
CROSS REFERENCE:
Date
Contents of File Initials
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•
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OCT -20-00 09:33 AM CITY OF FAYETTEVILLE
501 521 7714 P.01
• •
EXE/
(.20/0
-
CONTRACT
This contract executed this day of , 2000,
between the City of Fayetteville, Arkansas, hereinafter called the
City, and /jack Morgan_ Construction. Inc., hereinafter called the
Contractor, and having an address at PO Box 248, England, AR,
72046-0248.
•
•
In consideration of the mutual covenants contained herein, the
parties 4gree as follows:
1. TheCor.tractor at his own cost and expense shall furnish all
labclr, materials, supplies, machinery, equipment, :ools,
supervision, bonds, insurance, tax permits, and all other
accessories and services necessary to complete items bid per
Bid 00-71 as stated in CONTRACTOR'S PROPOSAL, and in
• accordance with specifications attached hereto and made a part
• hereof under Bid #00-71, all included herein as if spelled out
• word fcr word.
r
t
2. The City shall pay the Contractor based on prices indicated in
•
Contractor's Proposal. Progress payments will be made after
• approval and acceptance of work and submission of invoice,
Payments will be made approximately 30 days after rece:.pt of
invoice. Contract amount will not exceed $ 33.821.00
• 3 The Contract documents which comprise the contract between the
City and the Contractor consist of this Contract and the
following documents attached hereto, and made a part hereof:
A. Bid form identified as Invitation to Bid 00-71 with the
0 specifications and conditions typed thereon.
•
• B. Ths Contractor's proposal.
•
•
C. The Notice to Prospective Bidders and the Bid Tabulation.
4. These Contract documents constitute the entire agreement
between the City and the Contractor and may be modified only
•
by a duly executed written instrument signed by the City and
the Contractor.
5. Contractor shall not assign his duties under the terms of this
agreement.
•
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OCT -20-00
09:33 AM CITY OF FAYETTEVILLE
501 521 7714 P.02
• •
6 Contractor agrees to hold the City harmless and indemnify the
City, against any and all claims for property damage, personal
injury or death, arising from Contractor's performance of this
contract. This clause shall not in any form or manner be
construed to waive that tort immunity set forth under Arkansas
Law.
7. The Contractor shall furnish a certificate of insurance
addressed to the Owner, showing that he carries the following
insurance which shall be maintained throughout the term of the
Contract. For any work sublet, the contractor shall require
the.subcontractor similarly to provide workers' compensation
insurarce. In case any employee engaged in work on the
project under this contract is not protected under Worker's
Compensation Insurance, the Contractor shall provide and shall
cause each Subcontractor to provide adequate employer's
liability insurance for the protection of such of his
employees as are not otherwise protected.
Worker's Compensation
Comirebgnsive General 4
Automobile Insurance
Bodily Injury Liability
Property Damage Liability
Statutory Amount
$250,000 for each person
injured.
$500,000 aggregate.
$100,000 aggregate.
The premiums for all insurance and the bond required herein shall
be paid by the Contractor.
If contract exceeds $20,000, Contractor agrees to furnish a
Performance Bond, approved by the City, guaranteeing the
performance of this contract, for not less than one ht.ndred
percent of the amount of this contract. Said performance bond
shall be conditioned on full and complete performance of this
contract and acceptance by the City of Fayetteville fcr the
payment of all labor and materials entering into or incident
to the proposed improvements. The Contractor agrees to
furnish proof of licensing as required under the terms of Act
150 of the 1965 Acts of the Arkansas Legislature.
•
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•P
f
i
.00T-20-00 09:34
AM CITY OF FAYETTEVILLE
•
501 521 7714 P.03
•
9. Contractor agrees to begin work within ten (10) days of notice
to proceed and complete the work within 90 calendar days
thereafter. Liquidated damages of $100 per day shell be
assessed at the option of the City, not as a penalty,
beginning on the first day following the completion time to
cover additional coats.
10. All work called for herein shall be coordinated directly with
the Parks Superintendent or their designate at 444-240G.
11. This contract may be terminated by the City with 1C days
written notice,
12. Contractor shall be responsible for meeting compliance with
ADA regulations.
WITNESS OUR HANDS THIS 2 DAY OF Atar2 i , 2000.
ATTEST: CITY CLERK
Y
AT EST: COMPANY SECRETARY
BY
CITY OF FAYETTEVILLE,
FAYETTEVILLE, ARKANSAS
Jack Morgan Construction Co. Inc.
BY
F +' NAME
G)-- (/iced gzsa uj
AME AND TITLE
P.O. Box 248
g',1arrd. AR 72046
BUSINESS ADDRESS
•
•
PERFORMANCE BOND
•
54-108491
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address)
Jack Morgan Construction, Inc.
P.O. Box 248
England, AR 72046
SURETY (Name and Principal Place of Business):
United Fire & Casualty Company
P.O. Box 73909
Cedar Rapids, IA 52407
OWNER (Name and Address):
City of Fayetteville
Fayetteville, AR
CONSTRUCTION CONTRACT
Date: November 7, 2000
Amount: $33,821.00
Description (Name and Location):
Furnishing of all material, labor,
greenhouse.
and related items for the furnishing of a
BOND
Date (Not earlier than Construction Contract Date):
Amount: $33,821.00
Modifications to this Bond:
El None ❑ See other side
CONTRACT AS PRINCIPAL
Company: (Corporate Seal)
Jack Morgan Construction, Inc.
Signature
Name and Title \ sc�
Ps J GED
SURETY
Company:
United Fir
Signature:
•
(Corporate Seal)
& Casualty -.Company •�.
` •
Name andTitle:Traci L. Hankins,
Attorney -In -Fact
7133 #V
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER:
Ramsey, Krug, Farrell & Lensing
P.O. Box 251510
Little Rock, AR 72225
(501) 614-1101
OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
Printed in cooperation with the American Institute of Architects (AIA) by the CNA Insurance Companies.
The language in this document conforms exactly to the language used in AIA Document A312 - Performance Bond - December 1984 edition.
8A
1; The Contractor and the Surety, jointly and rally, bind themselves, their heirs, executors, admiltors, successors and assigns to the Owner
for the performance of the Construction Contra ich is incorporated herein by reference.
2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate
in conferences as provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering
declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later
than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the
Owner's right, if any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor
Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1;
and
3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or
to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following
actions:
4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract; arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owners concurrence,
to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,
and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner
resulting from the Contractors default; or
4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is
determined, tender payment therefor to the Owner; or
.2 Deny liability in whole or in part and notify the Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond
fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,
and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and Owner
refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce and
remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to complete the Construction Contract; and if the Surety elects to act under Subparagraph
4.1, 4.2, or 4.3 above then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction
Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit
of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages of the
Construction Contract, the Surety is obligated without dulication for:
6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;
6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act
of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the
Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this bond
to any person or entity other than the Owner or its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part
of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within
two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void
or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page.
11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming
to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond
and not as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction contract after all proper
adjustments have been made, including allowance to the Contractor or any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract
Documents and changes thereto.
12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the
terms of the Construction Contract.
12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction
Contract or to perform and complete or comply with the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
•
PAYMENT BOND
•
54-108491
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Jack Morgan Construction, Inc.
P.O. Box 248
England, AR 72046
SURETY (Name and Principal Place of Business):
United Fire & Casualty Company
P.O. Box 73909
Cedar Rapids, IA 52407
OWNER (Name and Address):
City of Fayetteville
Fayetteville, AR
CONSTRUCTION CONTRACT
Date: November 7, 2000
Amount:$33, 821.00
Description (Name and Location):
Furnishing of all material, labor,
greenhouse.
and related items for
the
furnishing of a
BOND
Date (Not earlier than Construction Contract Date):
Amount: $33,821.00
Modifications to this Bond:
x
None
See other side
CONTRACTOR AS PRINCIPAL
Company:
Jack Morgan Construction, Inc.
SURETY
(Corporate Seal) Company:
United Fire
P.O. Box 73
Signature:
Name and Title:
S rn Ctu us..
Pie s I CEO
Signature
& Casualty
9
(Corporate Seal)
Company t
- i r
Name and Title: Traci L. Hankin ,„
Attorney -In -Fact
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
Ramsey, Krug, Farrell & Lensing
P.O. Box 251510
Little Rock, AR 72225
(501) 614-1101
Printed in cooperation with the American Institute of Architects (AIA) by the CNA Insurance Companies.
The language in this document conforms exactly to the language used in AIA Document A312 - Payment Bond - December 1984 Edition.
•
• •
1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner
to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien
or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner
has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and
tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be null and void it the Contractor promptly makes payment, directly or indirectly, for all sums due.
4 The surety shall have no obligation to Claimants under this bond until:
4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in
Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy,
the amount of the claim.
4.2 Claimants who do not have a direct contract with the Contractor:
.1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last
performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and
the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and
.2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any
communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Pargraph 12) and
sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written
notice furnished to the Contractor.
5 If a notice required by paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance.
6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed
and the basis for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed amounts.
7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in
good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and to satisfy claims, it any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree
that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the
Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.
The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to
make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the
work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph
4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone
under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum
period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of
notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on
the signature page.
13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming
to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond
and not as a common law bond.
14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly fumish a copy of this Bond
or shall permit a copy to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,
materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor,
materials or equ pment" that part of water, gas power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction
Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and
all other items fo which a mechanic's I en may be asserted in the jurisdiction where the labor, materials or equipment were furnished.
15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract
Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction
Contract or to perform and complete or comply with the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
iNITED FIRE & CASUALTY COMP COMPMIY
HOME OFFICE - CEDAR RAPIDS, 10
CERTIFIED COPY OF POWER OF ATTORNEY
(Original on file at Home Office of Company — See Certification)
KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing
under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and
appoint MICHAEL D. HALTER, OR KEVIN M. BRUICK, OR TRACI L. HANKINS, OR RICHARD
R. IRVIN, OR SHERRY L. JAGGERS, BARBARA TRUAX, DEBBIE SIKES, SYLVIA
YEAGER
of 8315 CANTRELL STE 30 LITTLE ROCK AR 72227
its true and lawful Attorney(s)—in—Fact with power and authority hereby conferred to sign, seal and execute in its behalf all
lawful bonds, undertakings and other obligatory instruments of similar nature as follows: ANY AND ALL BONDS
and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by
the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority
hereby given are hereby ratified and confirmed.
The Authority hereby granted shall expire NOVEMBER 10th 2001 unless sooner revoked.
This power of Attorney is made and executed pursuant to and by authority of the following By—Law duly adopted by the
Board of Directors of the Company on April 18, 1973. i j„
"Article V — Surety Bonds and Undertakings." Qn
Section 2, Appointment of Attorney -In -Fact. "The President or any Vice President, or any other officer of the Company. may. from time to time, appoint
by written certificates attorneys.imfact to act in behalf of the Company in the execution of policies of Insurance, bonds, undertakings and other
obligatory Instruments of like nature. The signature of any officer authorized hereby. and the Corporate seal. may be affixed by facsimile to any
powerol attorney or special power of attorney or certification of either authorized hereby; such signature and seal. when so used, being adopted by the
Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force
and effect as though manually al fixed. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have
hill power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President
or any Vice President. the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to
any attorney.in.lact.
IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents
to be signed by its assistant vice president and its corporate seal to be hereto affixed this
10th day of NOVEMBER
State of Iowa, County of Linn, ss:
UNITED FIRE & CA
By
,A.D. 1999
LTY COMPANY
1
ssistant Vice Pre ident
On this 10th day of NOVEMBER1999. before me Personally came JEFFREY A. CHAPIN
to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is an
Assistant Vice President of the UNITED FIRE & CASUALTY 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 corporated
seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his
name thereto pursuant to like authority, and acknowledges same to be the act and deed oft s torpor tion.
LOIS M. SCHUCHMANN
MY COMMISSION EXPIRES Nota y Public
November 10.2001 My commission expires NOVEMBER 10 ,1i$
2001
CERTIFICATION
I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing
copy of the Power of Attorney and affidavit, and the copy of the Section of the By—Laws of said Company as set forth in said
Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct
transcripts thereof, and of the whole of the said originals. and that the said Power of Attorney has not been revoked and is
now in full force and effect.
main441:0344111a044.
In testimony whereof 1 have hereunto subscribed my name and affixed the corporate seal of the said
i,�„ Company this day of 19
i`
M
moon
-444mi`±rr ecretary
•
ACORD,, CERTIFICATE OF LIABILITY
INSURANCE
DATE IMM/DD/YY)
11129/00
POLICY NUMBER
PRODUCER07-�ff��64-7705
RAMSEY,KRUG,FARRELL & LEN Il
8315 CANTRELL, SUITE 300
P. 0. BOX 251510
LITTLE ROCK, AR 72225
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
Jack Morgan Construction
CO., Inc.
P.O. Box 248
England AR 72046
I
INSURER A: AMERISURE COMPANIES
INSURER B:
INSURER C:
INSURER 0:
INSURER E:
COVERAGES
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 HERE N IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1 TR
TYPE OF INSURANCE
POLICY NUMBER
DATE
IMM/DDEFFECTIVE
/YYI
POLICY
DATE IMM/DDNYN
LIMITS
A
GENERAL
COMMERCIAL
LIABILITY
GENERAL
CLAIMS MADE
LIABILITY
OCCUR
GL131714201
1/01/00
1/01/01
EACH OCCURRENCE
6 1000000
X
FIRE DAMAGE (Any one fire)
$ 100000
X
MED EXP (Any one person)
$ 5000
PERSONAL & ADV INJURY
$ 1000000
GENERAL AGGREGATE
6 2000000
GEN'L
AGGREGAT
POLICY
LIMIT APPLIES PER:
RO-
JECT 1I LOC
PRODUCTS - COMP/OP AGG
6 2000000
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
CA131713701
1/01/00
1/01/01
COMBINED SINGLE LIMIT
(Ea accident)
6 1000000
X
BODILY INJURY
IPer person)
BODILY INJURY
'Per accident)
PROPERTY DAMAGE
(Per accident(
GARAGE
ANY
LIABILITY
AUTO
AUTO ONLY - EA ACCIDENT
6
OTHER THAN
AUTO ONLY:
EA ACC
$
AGG
6
A
EXCESS
LIABILITY
CLAIMS MADE
10000
CU 1317138
1/01/00
1/01/01
EACH OCCURRENCE
6 2000000
AGGREGATE
$ 2000000
OCCUR
$
6
$
DEDUCTIBLE
6
X
RETENTION
A
WORKERS
EMPLOYERS'
COMPENSATION AND
LIABILITY
WC 1 31714002
1/01/00
1/01/01
X
WC STAT -
TORY LIMITTH-
S
OER
E.L. EACH ACCIDENT
6 500000
E.L. DISEASE - EA EMPLOYEE
6 500000
E.L. DISEASE - POLICY LIMIT
$ 500000
A
OTHER
BUILDER'S RISK
SPECIAL PERILS
IM131714101
1/01/00
1/01/01
REPORTING FORM LIMIT AT ANY
ONE LOCATION IS $2,500,000
DESCRIPTION
OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: FURNISHING OF ALL MATERIALS, LABOR AND RELATED ITEMS FOR THE
FURNISHING OF A GREENHOUSE
INSURER
ANCELLATION
��......�... _ ..—___.. .
CITY OF FAYETTEVILLE
FAYETTEVILLE, AR
SHOULD ANY OF THE ABOVE
DATE THEREOF, THE ISSUING
NOTICE TO THE CERTIFICATE
IMPOSE NO OBLIGATION
REPRESENTAT S.
DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
AUTHORIZE
RESENT
IVE
ACORD 25-S 17/97)
1- 14
O ACORD CORPORATIO
Jack Morgan Cion Co.anc.
P. 0. BOX 248 ENGLAND, ARKANSAS 72046
L. R. Phone: (501) 961-1077 842-3866 FAX: 842-3844
TO City
kiitert:teville
'Mountain
ettevileMAR 72701
pit Qi bettevkli-e•
OCeP Of? Wi5unwDYBUe3O
OATE
11/30/00
MONO
00045
ATTENTION
RE
Wilson Park Greenhouse
1
GENTLEMEN:
WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items:
❑ Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
D Copy of letter ❑ Change order ❑
COPIES
DATE
NUMBER
DESCRIPTION
1
Performance Bond
1
Payment Bond
1
Insurance Certificate
I1
THESE
❑
❑
❑
For
For
As
Approved
Approved
Returned
Resubmit
Submit
Return
For
For
Prints
ARE TRANSMITTED
approval
your use
requested
as submitted
as noted
for corrections
as
copies for
checked below:
approval
distribution
19
REMARKS
•
❑
■
copies for
•
❑
❑
corrected prints
review and comment
bids due
■
returned after loan to us
•
•
SIGNED: aT\tti Sxobs-. ix{ 64,
FAYETTEALLE
THE CITY OF FAYETTEVILLE, ARKANSAS
•
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Hanna and City Council
THRU: Charlie Venable, Public Works Director � �p
FROM: Connie Edmonston, Parks & Recreation Superidfendent
DATE: October 18, 2000
RE: Wilson Park Greenhouse Project
The Parks and Recreation Division is requesting approval of the Wilson Park Greenhouse
bid to Jack Morgan Construction Company in the amount of $32,700 plus $1,121 tax for a total
cost of $33,821. The bid includes the greenhouse structure and cost for installation. This was
the lowest of the three bids received for the project. Park staff will provide site work preparation
for the building. Additional cost for contract work and the site preparation for the project will
include concrete footings, gravel, 192 square feet of sidewalk, electricity, plumbing and natural
gas at an estimated total of $10,000. A project contingency in the amount of $5,000 brings the
total cost of the greenhouse to $48,821.
The greenhouse will be located at Wilson Park inside the wood fence area east of the
existing rock building. The structure will be a 24' by 48' greenhouse totaling 1,152 square feet.
Glazing for all surfaces with Green Tek's Green Lite "No Drip" corrugated polycarbonate sheets
will be provided for a superior anti -condensate action compared to other materials used in the
industry. There is a limited 10 year warranty against hail and premature yellowing. The
heating/cooling equipment will be operated by a fully automatic control system with a wiring
diagram and a custom relay panel which insures the most efficient use of gas and electricity.
This greenhouse will benefit the Parks and Recreation Division in several ways. The
primary consideration will be the savings realized for spring and fall annual and perennial plant
materials that are utilized thoughout the parks system. Additionally, staff is researching
propagating many of our own trees using seeds and cuttings harvested from stock plants in our
parks. The greenhouse would enable us to grow and overwinter plants that would otherwise be
cost prohibitive. We will also be able to utilize a more diversified selection of plant materials,
thus providing an educational experience for park patrons by exhibiting new types of plants and
new ways to use them in the landscape.
For the past three years, the rock building at Wilson Park has been utilized as our greenhouse.
It has enabled us to propagate a limited amount of plant materials from both seeds and cuttings.
• •
Page 2
Each year we are able to improvise a little more, allowing us to broaden our base of plant
materials for spring and summer plantings and to reduce dollars spent to purchase (often sub -
quality) plants. This building has been indispensable, but we have reached the capacity of what
we can accomplish with limited space, lighting and drainage. Parks and Recreation labor and
landscape maintenance budget could be best utilized with a well designed and constructed
greenhouse as requested.
If you have any questions, please call me at extension 471.
Attachments -
Tabulation Sheet
Contract
Purchase Order
• •
n
2
EIC abed 411d10:: 00-81.-1.00 °1789 SLS `.nc0 euiseg3und eTf.neneAes :Ag lues
BZ�C
719014
rJ
October 18. 2000
•
J. 50
City of Fayetteville
Peggy Vice, Purchasing Manager
113 W. Mountain
Fayetteville, AR 72701
Dear Peggy:
The folbwing is for your information on the Greenhouse System for the city if
Fayetteville, Bid 00-71.
Greenhouse Structure $ 6,000.00
Greenhouse Material and Equipment 17,150.00
Labor 5,700.00
Overhead and fee 3,850.00
ax 1,121:00
Tota I 533,821.00
If you have any other questions please call.
Very truly yours,
JACK MORGAN CONSTRUCTION CO., INC.
Andy arisen
Vice President
Jack Morgan Construction (tante
Cline r.I Cnn!ractn-
"A V7ormn Owned Buemeef"
<mail, I morr,nconCiol.ccr
801.842.388E i Ps,: 501.842-3844
P.0. Boz 248 Enginnc,.ArkrnsAs 7720464248
A COMPLETE BUILDING SERVICE FOR INDUSTRY AND COMMERCE AUTHORIZED VARCO.RUDEN BUILDER
Approvals: meat mace me only) ,
Mayor: Department Dire tor: / _ Purchasing Manager:
Admin. Services Director: Budget Coordinator: Data Processing Mgr:
Special Instructions:
Le
3II
SHIPPING/HANDLING
Greenhouse
Related Fees per Bid 00-71 for Wilson Park
Structure, Material, Equipment, Labor and
Description:
Quantity
c-
0
CO
o
c�
32,700.00
Unit
Cost
32,700.00
Extended
Cost
2250.9250.5804.00
Account Number:
Subtotal: 32700.00
Tax: 1121.00
99067-2
Project SubProject
Number:
5
x 0
oQ
Fixed
Asset #
73
0
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0.
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Jack Morgan Construction
*Requester's Employee#
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Expected Delivery Date:
CD
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•
AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
•
STAFF REVIEW FORM
•
For the Fayetteville City Council meeting of November7,2000
FROM:
Connie Edmonston Parks & Recreation
Name Division
Public Works]
Department
ACTION REQUIRED•
Approval of the Wilson Park Greenhouse bid to Jack Morgan Construction Company in the amount of
$33,821 plus an additional $10,000 for utilities and a project contingency of $5,000. Also authorize
the Mayor and City Clerk to execute a contract.
COST TO CITY:
S 4R JR21
Cost of this Request
995n.q,in-iRD4-nn
Account Number
ggnR7-n7
Project Number
4944 non
Category/Project Budget
Funds Used To Date
$17Q A74
Remaining Balance
- Park Imprnvamantc
Category/Project Name
Wilcnn Park Imprnvamantc
Program Name
Parkc navalnpmont Fund
Fund
BUDGET REVIEW:
xx Budgeted Item Budget Adjustment Attached
Budg=t Manager
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
Accoujy!7Verrager
City torney
Purchasing Officer
GRANTING AGENCY:
/o /9 ed `r5 )cu+! t� �rn )..
Date Internal Auditor
,01,4 /th
D to ADA Coordinator
]b labloo
Date
ate
Date
STAFF RECOMMENDATION:
Approval of bid and project.
/7940 -L --d /D ta°
Date
V V
ces Director
Dkte
/11141
Date
Cross Reference
New Item:
No
Prev Ord/Res #: [Prev Ord/Res #1
Orig Contract Date: [Oriq Contract Datel
Orig Contract Number: [Contract #1
,S7/55
REd�
For
•
• •
STAFF REVIEW FORM
Description Wilson Park Greenhouse
Comments:
Budget Coordinator
Accounting Manager
C-/ GA/
Meeting Date Nov 7, 2000
Reference Comments:
(Z.a,Pnize, 'Tiunjb x Nat)' -s. a
n� Qn. .a pAeita
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Page 2
FAYETTEVPLLE
THE CITY OF FAYETTEVILLE, ARKANSAS
4
DEPARTMENTAL CORRESPONDENCE
•
To: Connie Edmonston, Parks and Recreation Division
From: Heather Woodruff, City Clerk
Date: November 13, 2000
Attached is a copy of Resolution 152-00 awarding Bid No. 00-71 and the contract with Jack
Morgan Construction, Inc. regarding the Wilson Park Greenhouse. The original will be
microfilmed and filed with the City Clerk. The purchase requisition has been forwarded to
Nancy Smith.
cc: Nancy Smith
Peggy Vice