HomeMy WebLinkAbout129-04 RESOLUTION•
RESOLUTION NO.12 9- 0 4
A RESOLUTION TO APPROVE A CONSTRUCTION
CONTRACT WITH CANDO, INC. FOR AMBER DRIVE
DRAINAGE IMPROVEMENTS IN THE AMOUNT OF
$71,703.40, PLUS A CONTINGENCY OF $15,755.51
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
approves the contract attached as Exhibit "A" with Cando, Inc. for Amber Drive drainage
improvements in the amount of $71,703.40, plus a project contingency of $15,755.51.
PASSED and APPROVED this 7th day of September, 2004.
ATTEST:
By:
01.44600 SONDRA SMITH, City C6/144A)
•
By:
APPROVED:
DAN COODY, Mayor
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BID BOND
Conforms with The American Institute of
Architects, A.I.A. Document No. A-310
KNOW ALL BY THESE PRESENTS, That we, Cando, Inc.
and the Employers Mutual Casualty Company
as Principal, hereinafter called the Principal,
of P.O. Box 712, Des Moines, Iowa , a corporation duly organized under
the laws of the State of
Iowa
. as Surety, hereinafter called the Surety, arc held and firmly bound unto
City of Faretteville,_Arltansas as Obligee, hereinafter called the Obligee,
in the sum of Five Percent of Amount of Bid
Dollars (S 5% of Bid ), for the payment of which sum well and truly to be made, the said Principal and the said
Surety. bind outsches, our heirs, executors. administrators, successors and assigns, Jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Amber Drive Drainane lmnrovements
Fayetteville, Arkansas
NOW. THEREFORE, if the Obligee skill accept the bid of the Principal and the Principal shall enter into a Contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in thc bidding or Contract
Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and
material burnished in the prosecution thereoff, or in the event of thc failure of the Principal to enter such Contract and give such bond
or bonds. if the Principal shall pay to thc Obligee the difference not to exceed the penalty hereof between the amount specified in said
bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said
bit then this obligation shall be null and void. otherwise to remain in full force and effect.
Signed and scaled this
i
ear.J
_ • •
30th day of
Wi
07.at;�. 4'!wzc
Witness
August
2004
Emmnlo ers Mutual Casualty Company
y Schou_en
At
THE FACE OF THIS DOCUMENTt1AS A COLORED BACKGROI''"' ON WHITE PAPER • BACK OF THIS DOCUMENT HAS A SIM'.. ' TED WATERMARK - HGL r +T AH ANGLE TO VIEW.
AV C Insurance Companies No. 585635
P.O. Box 712 • Des Moines, IA 50303-0712
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, that
1. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation
2. EMCASCO Insurance Company, an Iowa Corporation 6. EMC Property 8 Casualty Company, an Iowa Corporation
3. Union Insurance Company of Providence, an Iowa Corporation 7. The Hamilton Mutual Insurance Company, an Ohio Corporation
4. Illinois EMCASCO Insurance Company, an Iowa Corporation
hereinafter referred to severally as 'Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint:
PAMELA K. HAYS, KNIGHT CASHION, BENSON A. CASHION, MATTHEW K. CASHION, JR., JUDY SCHOGGEN, WILLIAM H. GRIFFIN,
CYNTHIA L. WADLEY, NICK W. PETERS, KAREN W. FREELAND, INDIVIDUALLY, LITTLE ROCK, ARKANSAS
its true and lawfufIllattomey-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a
IN
INilar ae as AN
��OUNT NOT EXCEEDING TEN MILLION DOLLARS
.($10,000,000.00)
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company; and all of
the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
April 1, 2005
The authority hereby granted shall expire unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a
regularly scheduled meeting: of each company duly called and held in 1999:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers MutualCasualty Company shall have power
and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attomey-in-fact at any time and revoke
the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them,
to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and
other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company.
Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects
binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power-ofattomey of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed.
IN vyacESS WHEREOF, the Com ws have caused these p� Rts to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this
day of
Seals
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RUTA KRUMINS
Commission Number 176255
My Comm. Exp. Seot. 30, 2006
Bruce G. Kelley, Chairman
of Companies 2, 3, 4, 5 & 6; President
of Company 1; Vice Chairman and
CEO of Company 7
Jeffrey S. Birdsley
Assistant Secretary
16th June 2004
On this _ day of AD before me a
Notary Public in and for the State of Iowa, personalty appeared Bruce G. Kelley and Jeffrey S.
Birdsley, who, being by me duly swom, did say that they are and are known to me to be the
Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of
each of The Companies above; that the seals affixed to this instrument are the seals of said
corporations; that said instrument was signed and sealed on behalf of each of the Companies
by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and
Jeffrey S. Birdsley, as such officers, acknowledge the execution of said instrument to be the
voluntary act and deed of each of the Companies.
My Commission Expires September 30, 2006.
Notary Public in and for the State of Iowa
CERTIFICATE
1, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the
Companies, e a June 16, 2004
�liiglg�r r ,s �e+�6f teSfe lg n an .
on behalf of
are true and correct and are still in fait force and effect. Cynthia L. Wadley, Nick W. Peters, Karen W. Freeland
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 30thda of ALgLst
7
dull 11. .]I I III,.
Vice -President
Form 7832(9102) "For verification of the authenticity of the Power of Attorney you ma call (515) 280-2689."
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
Resolution No. 129-04
w/Project Manual & Performance Bond
Document
1
1
08/30/04
memo to mayor & City Council
2
list of bid opening 8/31/04
3
copy of Res. 114-04
4
copy of
budget adjustment
5
Staff Review Form
6
memo to Mike Rozelle
7
draft of Amber Drive Drainage Improvements Project Manual
8
9
10
11
12
13
14
15
16
17
NOTES:
aotc wr- as Aril
City Council Meeting o September 7, 2004
CITY COUNCIL AGENDA REQUEST
To: Mayor and City Council
Thru: Hugh Earnest, Chief Administrative Officer
From: Tim Conklin, Community Planning and Engineering Services Director( -
Date: August 30, 2004
Subject: 1. Approval of a resolution awarding the construction contract in the amount of
$71,703.40 with Cando, Inc. for the construction of Amber Drive Drainage
Improvements. 2. Approval of a project contingency in the amount of $15,755.51 which
includes $10,755.51 (15%) for unforeseen project expenditures and variations in final
quantities, and $5,000 for materials testing, in-house management & inspection.
RECOMMENDATION
Staff recommends approval of the resolution awarding the contract to Cando, Inc. in the
amount of $71,703.40 and establishing a project contingency of $15,755.51.
BACKGROUND
This drainage improvement project replaces existing undersized drainage infrastructure
located near the corner of Old Wire Road and Amber Drive. This project is the result of
Council's decision to address the drainage problems experienced by the neighborhood on
three occasions this year which resulted in floodwater overtopping Amber Drive and
flooding a house and shed located at 1312 Amber Drive.
A conceptual design plan and estimate was presented to City Council on July 13, 2004.
At that meeting council approved a budget adjustment to allocate $100,000 toward the
project based on the concept presented on staffs estimate of costs.
Bids were opened on August 30, 2004. One contractor submitted a bid in the amount of
$71,703.40.
DISCUSSION
Bids were opened on August 30, 2004. One contractor submitted a bid in the amount of
$71,703.40.The project engineer has reviewed the bids and recommends awarding the
contract to Cando, Inc., in the amount of $71,703.40 (see the attached bid tabulation
sheet). The estimated total project costs including the project contingency for unforeseen
project expenditures are as follows:
•
City Council Meeting of September 7, 2004
Contractor Bid Amount
Materials Testing
In-house Management & Inspection
15% Contingency
TOTAL
BUDGET IMPACT
$ 71,703.40
$ 3,500.00
$ 1,500.00
$ 10,755.51
$ 87,458.91
Funds of $100,000 are available as this project was budgeted through a budget
adjustment approved July 13, 2004.
2
• •
RESOLUTION NO.
A RESOLUTION TO APPROVE A CONSTRUCTION
CONTRACT WITH CANDO, INC. FOR AMBER DRIVE
DRAINAGE IMPROVEMENTS IN THE AMOUNT OF
$71,703.40, PLUS A CONTINGENCY OF $15,755.51
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS•
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
approves the contract attached as Exhibit "A" with Cando, Inc. for Amber Drive drainage
improvements in the amount of $71,703.40, plus a project contingency of $15,755.51.
PASSED and APPROVED this 7th day of September, 2004.
ATTEST:
By:
SONDRA SMITH, City Clerk
APPROVED:
By:
DAN COODY, Mayor
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41.
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Amber Drive Drainage Improvements
Bid Opening, August 30th @ 2:OOpm
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Relocate ex Sewer Service
'Lower 6" PVC Waterline
IRemove and Reinstall 6' Wood Fence
Drop Inlet Silt Fence (E-6)
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Baled Straw Ditch Check
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'Seeding and Mulching
Concrete Apron
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Remove and Replace 9" Reinforced concrete street
Modify Existing Area Inlet to Accept 22"x36" RCAP
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'Drop Inlet Extension (41)1
Curb Inlet (Type C Sx5')
Curb Inlet (Type A 5'x5')
22" X 36" Reinforced Concrete Arch Pipe (RCAP)
Concrete Curb and Gutter
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Amber Drive Drainage Improvements
Bid Opening, August 30th @ 2:OOpm
RESOLUTION NO.114-04
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT
OF $100,000.00 TO FINANCE DRAINAGE IMPROVEMENTS
FOR AMBER DRIVE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
approves a budget adjustment of $100,000.00 to finance drainage improvements for
Amber Drive.
PASSED and APPROVED this 20th day of July, 2004.
ATTEST:
•4SG':
aV A.
FAYETfEVILLE• 3
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'e.,,NGT0tVeiiiii 52.``•.
SONDRA SMITH, City Clerk
APPROVED:
BY: / .//
D • "ttCOODY, Mayor
�rt
• City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2004
Department Sales Tax Capital Improvements
Division:
Program:
Date Requested
7/20/2004
Adjustment Number
Project or Item Requested:
$100,000 in the Amber Drive Drainage Improvements
capital project.
Project or Item Deleted:
$100,000 from the Stormwater Drainage Study capital
project.
Justification of this Increase:
Justification of this Decrease:
Sufficient funding remains to complete 2004 objectives.
Account Name
Bridge & drainage improve
Increase Budget (Decrease Revenue)
Account Number Amount Project Number
4470 9470 5817 00 100,000 04037
Decrease Budget (Increase Revenue)
Account Name Account Number Amount Project Number
Bridge & drainage improve
4470. 9470 5817 00 98,718 02097 1
Professional services 4470 9470 - 5314 00
1,282 02097 1
Approval Signatures
Requested B
:u••
et Mana•er
"graMal 110
ent
Dir
tor.
Date
Date
722
Date
Finance & Internal $Egvices Director Date
Mayor j Date
Budget Office Use Only
Type: A B C
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Initial Date
Initial Date
Initial Date
Initial Date
STAFF REVIEW FORM - FINANCIAL OBLIGATI.
X AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: September 7, 2004
FROM:
Michael Rozelle Engineering Comm. Planning & Engineering Svcs.
Name Division Department
ACTION REQUIRED: 1. Approval of a resolution awarding the construction contract in the amount of
$71,703.40 with Cando, Inc. for the construction of Amber Drive Drainage Improvements. 2. Approval of a
project contingency in the amount of $15,755.51 which includes $10,755.51 (15%) for unforseen project
expenditures and variations in final quantities; and $5,000.00 for materials testing, in-house management and
inspection. Bid opening was Monday August 30, 2004.
COST TO CITY:
$
87,458.91 S 100,000.00 Amber Drive Drainage Improvements
Cost of this request
Category/Project Budget Program Category / Project Name
4470.9470.5817.00 S
Account Number
Bridge & Drainage Improvements
Funds Used to Date Program / Project Category Name
04037 S
Project Number
100,000.00
Remaining Balance
Sales Tax Capital Improvements
Fund Name
BUDGET REVIEW:
Budget Manager
j( Budgeted Item
Date
X Budget Adjustment Attached
CONTRACT/GRANT/LEASE REVIEW:
04. /ate
.7431/e l
Date
0410- n tt 4 i Ioq
In rnal ditor Date
Purchasing Manager
Date
STAFF RECOMMENDATION: Staff recommends approval of resolution and project contingency.
Received in Mayor's Office
Division Head
Department Dire
Finance &/IInnte
Chief Admini
ative Officer
Mayor
Date
or
Date
% )lrte
Date
Date
Date
Date
Cross Reference:
Previous Ord/Res#: 114-04
Orig. Contract Date:
Orig. Contract Number:
New Item: Yes X No
FAYETTEVALLE
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
DEPARTMENTAL CORRESPONDENCE
•
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
To: Mike Rozell
Engineering Division
From: Clarice Buffalohead-Pearman VV
OCZ
City Clerk Division
Date: September 27, 2004
Re: Resolution No. 129-04
The City Council passed a resolution, September 7, 2004, approved a contract with
Cando, Inc. for the Amber Drive Drainage Improvements. I have attached a copy of the
resolution. This will also confirm that you picked up from Tracy the originals of the
signed contracts.
The resolution, with attachments, will be recorded in the city clerk's office and
microfilmed. If anything else is needed please let the clerk's office know.
/cbp
attachments
cc: Nancy Smith, Internal Auditor
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teafti-
Project Manual
Frist.,rS7-11-1 \f
CITY OF FAYETTEVILLE
ARKANSAS
&z c4 /147/ Lit ;
.bra/AGI.c 4292
Amber Drive
Drainage Improvements
BID # 04-62
August 2004
SET No. to
Project Manual
FAYET-IF EVI LLE
CITY OF FAYETTEVILLE
ARKANSAS
Amber Drive
Drainage Improvements
BID # 04-62
August 2004
Section 00005
TABLE OF CONTENTS
Amber Drive Drainage Improvements
Section No. Title
Pages
00005 Table of Contents 00005-1 to 00005-2
00020 Advertisement for Bids 00020-1
BIDDING REQUIREMENTS
00100 Instructions to Bidders 00100-1 to 00100-8
00300 Bid Form 00300-1 to 00300-6
00350 Bid Bond 00350-1 to 00350-3
CONTRACT FORMS AND CONDITIONS
00500 Agreement Form Between Owner & Contractor 00500-1 to 00500-6
Construction Performance Bond - Exhibit A 00500-7
Construction Payment Bond - Exhibit B 00500-8
Certificates of Insurance - Exhibit C 00500-9
Notice to Proceed 00500-10
00700 General Conditions 1 to 42
00800 Supplementary Conditions 00800-1 to 00800-12
SPECIFICATIONS
Division 1 - General Requirements
01010 Summary of Work 01010-1 to 01010-2
01025 Measurement and Payment 01025-1 to 01025-10
01027 Applications for Payment 01027-1 to 01027-2
01035 Modification Procedure 01035-1 to 01035-3
01040 Coordination and Meetings 01040-1 to 01040-3
01051 Construction Surveys 01051-1 to 01051-2
01060 Regulatory Requirements 01060-1 to 01060-3
01090 Reference Standards and Abbreviations 01090-1 to 01090-3
01300 Submittals 01300-1 to 01300-3
01310 Progress Schedules 01310-1 to 01310-2
01410 Testing Laboratory Services 01410-1 to 01410-3
01500 Construction Facilities & Temporary Controls 01500-1 to 01500-4
01620 Storage and Protection 01620-1 to 01620-2
01630 Product Options and Substitutions 01630-1 to 01630-2
01700 Contract Closeout 01700-1 to 01700-5
Amber Drive Drainage Improvements
City of Fayetteville
Engineering Division
August 16, 2004
Page 00005-1
Division 2 - Site Work
02050 Demolition
02100 Site Preparation
02161 Excavation Safety
02220 Excavation and Embankment
02230 Road Bed Preparation
02261 Site Restoration
02270 Slope Protection and Erosion Control
02500 Asphaltic Cement Paving
02600 Pipelaying
02720 Storm Sewer System
02900 Landscaping
Division 3 - Concrete
02050-1 to 02050-2
02100-1 to 02100-3
02161-1 to 02161-1
02220-1 to 02220-9
02230-1 to 02230-5
02261-1 to 02261-5
02270-1 to 02270-3
02500-1 to 02500-5
02600-1 to 02600-5
02720-1 to 02720-3
02900-1 to 02900-9
03210 Reinforcing Steel 03210-1 to 03210-3
03316 Miscellaneous Concrete Work 03316-1 to 03316-10
End of Section 00005
Amber Drive Drainage Improvements
City of Fayetteville
Engineering Division
August 16, 2004
Page 00005-2