HomeMy WebLinkAbout34-16 RESOLUTION ` eF FPY Ertf
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113 West Mountain Street
Fayetteville,AR 72701
(479) 575-8323
Resolution: 34-16
File Number:'2016-0016
BID #16-18 UTILITY SERVICE COMPANY, INC.:
A RESOLUTION TO AWARD BID #16-I8 AND AUTHORIZE A CONTRACT WITH UTILITY
SERVICE COMPANY, INC. IN THE AMOUNT OF $1,133,510.00 FOR THE BAXTER AND MOUNT
SEQUOYAH TANK REHABILITATION IMPROVEMENTS PROJECT, TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $113,351.00, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #16-18 and
authorizes a contract with Utility Service Company, Inc. in the amount of$1,133,510.00 for the Baxter and
Mount Sequoyah Tank Rehabilitation Improvements Project, and further approves a project contingency in
the amount of$113,351.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 2/2/2016
Approve': Attest:
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.rdan 1 ayorSondra E. Smith, City Cler.KAlt *•;1/1..
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City of Fayetteville, Arkansas 113 West Mountain Street
t. Fayetteville.AR 72701
.�• (479)575-8323
"w ^ Text File
N9TI N`+NS
File Number: 2016-0016 •
Agenda Date:2/2/2016 Version: 1 Status:Agenda Ready
In Control:City Council Meeting File Type: Resolution
Agenda Number:A.4
BID#16-I8 UTILITY SERVICE COMPANY, INC.:
A RESOLUTION TO AWARD BID #16-18 AND AUTHORIZE A CONTRACT WITH UTILITY
SERVICE COMPANY, INC. IN THE AMOUNT OF $1,133,510.00 FOR THE BAXTER AND
MOUNT SEQUOYAH TANK REHABILITATION IMPROVEMENTS PROJECT, TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $113,351.00, AND TO APPROVE A BUDGET
ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #16-18 and
authorizes a contract with Utility Service Company, Inc. in the amount of $1,133,510.00 for the Baxter
and Mount Sequoyah Tank Rehabilitation Improvements Project, and further approves a project
contingency in the amount of$113,351.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment,a copy of which is attached to this Resolution.
City of Fayetteville,Arkansas Page 1 Printed on 2/3/2016
City of Fayetteville Staff Review Form
' 2016-0016
Legistar File ID
2/2/2016
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Utilities Director/
Jim Beavers 1/15/2016
Utilities Department
Submitted By Submitted Date Division/ Department
Action Recommendation:
The Fayetteville City Administration recommends approval of a construction contract with Utility Service Company,
Inc. in the amount of$1,133,510.00 for Construction Bid 16-18, Baxter and Mount Sequoyah Tank Rehabilitation
Improvements Re-bid, approving a project contingency of$113,351.00 for a total project amount of$1,246,861.00
and approval of a Budget Adjustment.
Budget Impact:
5400.5600.5808.00 Water/Sewer
Account Number Fund
14010.1501 & 14010.1 Water Tank Improvements
Project Number Project Title
Budgeted Item? Yes Current Budget $ 780,239.00
Funds Obligated $ 80,987.00
Current Balance $ 699,252.00
Does item have a cost? Yes Item Cost $ 1,246,861.00
Budget Adjustment Attached? Yes Budget Adjustment $ 547,609.00
Remaining Budget $ -
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date: a. -A ' rQ0`LQ
Comments:
14 l i veru i CC eornfol
CAoan3e Order N.t3. 1
City of Fayetteville Staff Review Form
2016-0178
Legistar File ID
N/A
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Jim Beavers 3/30/2016 Utilities Director/
Utilities Department
Submitted By Submitted Date Division/Department
Action Recommendation:
Approval of Change Order No. 1 to the construction contract with Utility Service Company, Inc to change the
liability maximum insurance deductibles to$25,000.00 for the Baxter and Mount Sequoyah Tank Rehabilitation
project
Budget Impact:
5400.5600.5808.00 Water&Sewer
Account Number Fund
• 14010/1 and 1501 Water Tank Improvements
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance $ -
Does item have a cost? No Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget $ -
V20140710
Previous Ordinance or Resolution n 30—
Original Contract Number: 2349 Approval Date: 4- 8 -ILD
Comments:
•
•
•
•
CITY OF
aye„ev le STAFF MEMO
ARKANSAS •
TO: Mayor Jordan
THRU: Don Marr, Chief of Staff
Tim Nyander, Utilities Director
Staff Review
•
FROM: Jim Beavers, P.E. Utilities Engineer
DATE: March 23, 2016
SUBJECT: Approval of no-cost Change Order no. 1 to the construction contract with Utility
Service Company, Inc., Construction Bid 16-18, Baxter and Mount Sequoyah Tank
Rehabilitation Improvements.
RECOMMENDATION:
Approval of no-cost Change Order no. 1 to the construction contract with Utility Service
Company, Inc., Construction Bid 16-18, Baxter and Mount Sequoyah Tank Rehabilitation
Improvements (i.e. tank painting) to change the Liability maximum insurance deductibles to
$25,000.00.
BACKGROUND:
Utility Service Company, Inc., cannot provide the $5,000 and $10,000 deductible specified. The
contractor has proposed and the Engineer of Record (Garver) and staff recommends approval
of the attached $25,000 deductible.
DISCUSSION:
Please refer to attachments.
Change Order No. 1 as prepared by the Engineer of Record, Garver.
BUDGET/STAFF IMPACT:
No impact for the change order.
ATTACHMENTS:
1. Staff Review Form
2. Change Order no. 1 signed by the Contractor and the Engineer
3. Copy of Agreement section of the Contract Documents
4. Copy of email exchange with City Staff
5. Copy of Specifications General Conditions 00700 Article 5— Bonds and Insurance
6. Copy of Contract Certificate of Liability Insurance
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville,AR 72701
Attachment 2
Change Order no. 1 signed by the Contractor and the Engineer
1
•
Construction Contract Change Order
Project Barter and Mutant Sequoyah Tank ReledlNation Improvements Re-Bid Change Order No. 1
Garter Job No.14048030
City of Fayetteville Bid 16.18 Date Prepared: March 10,2015
Prepared byc Chris Santini Garver
Owner. Contiattor.
City al Fayettevlle Maly Setvlce Co..Ina
113 West Mountaln Steel 535 Courtney Hodges Blvd.
Fayetteville,AR 72701 Petty,GA 31069
Oncrlpdon of Wort Included In Contract
Conal Includes,Out Is not limited to,the rehabilitation&recaatng at Pao water tanks;a two-hundred 0myoraueand(250,000)gallon tank located atop Mauna Sequoyah on
Sonne Drive and a Ove million(5,000.000)gallon lark located on Me Baxter Tank Site located at the end of Bates Lane.
Changes and Reason Ordered(List individual Changes aa:A.B,C,D,etc.)
A. Revise the maximum deductible allowed from 35,000 to 525,000 fa Commercial General Liability. Specifically.within the Specific/Alarm and Centred
Documents,Document 00700-General Conditions,5.021naunince:.B.The policy of Insurance do required by paragraph 5.02A to be purchased end maWehed
shall:,ID(page 0070613).replace'Wed respect to the Commercial General Lbdtty poky,the maximum deductible allowed shall be 35,000.'with with respect
to the Commercial General LMbWy potty,the maximum deductible allowed shall be$25,000'
Revise the maxknun deductible allowed from 510,000 to 525.050 far Properly Insurance. Specifically,within the Specifications end Contract OaWmmla.
B. Doaanent 00700-General Candtlons,502 Inaurnwa:,D.Properly Insurance:,1..h.(page 0070014),replace line a deductible amoral of 510.000?with'have
a deductible amount 01$25.000.
Amachmeets:
Bid Bld Unit Original Centred Revised Revised Original Revised
Contract Item mem of Centred Una CPbrbata Uni Estimated Estimated
Chances No. Desa'ipdon Measure Ouamity Price Quantity Price Coat Cost
50.00 50.00
30.00 50.00
10.00 10.00
50.00 30.00
30.00 $0.00
30.00 10.00
10.00 50.00
10,00 30.00
30.00 50.00
30.00 10.00
50.00 50.00
30.00 30.00
30.00 $0.00
30.00 30.00
50.00 30.00
10.00 $0.00
30.00 50.00
Summation of Cost 30.00 10.00
Nal Cost for this Change Order 30.00
Estimated Project Cost Time Change
Estimated Pipet Cost Odghol Contract Start Oate
Original Centred Amount $1.133,510.00 Odgnal Contract Time(calendar days) 200
This Change Order 30.00 Additional Calender Days granted by this Change Order
New Contract Amount 51,133,510.00 New Contract Time(calendar days)
Suspended Time
New Construction Comddlon Date
THIS AGREEMENT IS SUBJECT TO ALL ORIGINAL CONTRACT PROVISIONS AND PREVIOUS CHANGE ORDERS
ISSUED FOR REASONS ti t
INDICATED Project Manager 03/18/16
Engineer Garver
l )osfik kas
Enginekr Signature Title Dobe
ACCEPTED BY •
'/vJ
CONTRACTOR / _ / v • 'I, r 3))
S ) I6
Conde e Signature 7Ne Date
APPROVED BY
OWNER � •
/_A6
ehtilt 5•nature Tele Date
DOCUMENT 00500—AGREEMENT BETWEEN OWNER AND CONTRACTOR
Contract Name/Title: BAXTER AND MOUNT SEQUOYAH
TANK REHABILITATION IMPROVEMENTS
THIS AGREEMENT is dated as of the 2nd day of February in the year 2016 by and between The
City of Fayetteville,Arkansas and UTILITY SERVICE GROUP,INC.(hereinafter called
Contractor).
ARTICLE I - WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract
Documents. Refer to SECTION 00400 BID FORM for quantities.
ARTICLE 2- ENGINEER
2.01 The Contract Documents have been prepared by Garver, LLC. Garver,LLC
assumes all duties and responsibilities,and has the rights and authority assigned to
City of Fayetteville Utility and/or Engineering Division in the Contract Documents in
connection with completion of the Work in accordance with the Contract Documents.
ARTICLE 3- CONTRACT TIME
3.01 TIME OF THE ESSENCE
A. All time limits for milestones,if any,and completion and readiness for final
payment as stated in the Contract Documents are of the essence of the
Contract.
3.02 DATES FOR COMPLETION AND FINAL PAYMENT:
A. The Work will be completed and ready for final payment within 200 calendar
days after the date when the Contract Times commence to run as provided in
the GENERAL CONDITIONS. In the event of a disruption to public or
emergency communication services,Contractor shall immediately suspend
work until the public or emergency communications are restored. The
completion time shall not be tolled in the event of the suspension of work
due to damage to public or emergency communication equipment.
00500_Agreement 00500- 1 14048030
DOCUMENT 00500—AGREEMENT(continued)
3.03 LIQUIDATED DAMAGES:
•
A. Owner and Contractor recognize that time is of the essence of this
Agreement and that The City of Fayetteville will suffer financial loss if the
Work is not completed within the time specified above,plus any extensions,
thereof allowed in accordance with the GENERAL CONDITIONS.
Accordingly, instead of requiring any such proof,The City of Fayetteville
and Contractor agree that as liquidated damages for delay(but not as a
penalty)Contractor shall pay The City of Fayetteville Seven Hundred Fifty
Dollars($750.00)for each calendar day that expires after the time specified
in Paragraph 3.02 for completion and readiness for final payment until the
Work achieves final completion.
3.04 COMPENSATORY DAMAGES RELATING TO COMMUNICATIONS
EQUIPMENT -
A. Owner and Contractor recognize that communications equipment
located on the Mt.Sequoyah tank is vital to the public and emergency
services.In the event these communications are disrupted,the City of
Fayetteville will suffer financial loss until communications are
completely restored.
B. Accordingly,the City of Fayetteville and Contractor agree that as
damages Contractor shall pay The City of Fayetteville the actual costs of
repair,installation, utility coordination and lost time for City employees
(as determined by the City)for each disruption caused by the
Contractor.Repairs will be made to the satisfaction of the City/utility
owner.Damages will be withheld from future payments or collected
following final completion of the project.
C. The Contractor will also be responsible for any and all potential damage
claims, resulting from the disruption of communications.
•
00500_Agreement 00500-2 14048030
DOCUMENT 00500—AGREEMENT(continued)
ARTICLE 4- CONTRACT PRICE
4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to
accept, as full and final compensation for all work done under this agreement, the
amount based on the prices bid in the Proposal(SECTION 00400-BID FORM)which
is hereto attached, for the actual amount accomplished under each pay item, said
payments to be made in lawful money of the United States at the time and in the manner
set forth in the Specifications.
4.02 As provided in the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER
as provided in the General Conditions. Unit prices have been computed as provided
in the General Conditions.
4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall
not be allowed without a prior formal contract amendment approved by the Mayor and
the City Council in advance of the change in scope,cost or fees.
ARTICLE 5- PAYMENT PROCEDURES
5.01 SUBMITTAL AND PROCESSING OF PAYMENTS:
A. Contractor shall submit Applications for Payment in accordance with the
GENERAL CONDITIONS. Applications for Payment will be processed by
Engineer as provided in the GENERAL CONDITIONS.
5.02 PROGRESS PAYMENTS,RETAINAGE:
A. The City of Fayetteville shall make progress payments on account of the
. Contract Price on the basis of Contractor's Applications for Payment as
recommended by Engineer,on or about the 15th day of each month during
construction. All such payments will be measured by the schedule of values
established in the GENERAL CONDITIONS(and in the case of Unit Price
Work based on the number of units completed)or, in the event there is no
schedule of values,as provided in the General Requirements.
I. Prior to completion,progress payments will be made in an amount
equal to the percentage indicated below,but, in each case, less the
00500_Agreement 00500-3 14048030
DOCUMENT 00500—AGREEMENT(continued)
aggregate of payments previously made and less such amounts as
Engineer shall determine, or The City of Fayetteville may withhold,
in accordance with the GENERAL CONDITIONS.
a. 90%of Work Completed(with the balance being retainage). If
Work has been 50%completed as determined by Engineer,and
if the character and progress of the Work have been satisfactory
to The City of Fayetteville and Engineer,The City of
Fayetteville on recommendation of Engineer,may determine that
as long as the character and progress of the Work subsequently
remain satisfactory to them,there will be no additional retainage
on account of Work subsequently completed, in which case the
remaining progress payments will be an amount equal to 100%
of the Work Completed less the aggregate of payments
previously made;and
b. 100%of Equipment and Materials not incorporated in the Work
but delivered,suitably stored,and accompanied by
documentation satisfactory to The City of Fayetteville as
provided in the GENERAL CONDITIONS.
5.03 FINAL PAYMENT:
A. Upon final completion and acceptance of the Work in accordance with the
GENERAL CONDITIONS,The City of Fayetteville shall pay the remainder
of the Contract Price as recommended by Engineer and as provided in the
GENERAL CONDITIONS.
•
00500_Agreement 00500-4 14048030
DOCUMENT 00500—AGREEMENT(continued)
ARTICLE 6- CONTRACTOR'S REPRESENTATIONS
6.0 I In order to induce The City of Fayetteville to enter into this Agreement,Contractor
makes the following representations:
A. Contractor has examined and carefully studied the Contract Documents
including the Addenda and other related data identified in the Bid
Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to
the general, local,and Site conditions that may affect cost,progress,
performance,and furnishing of the Work.
C. Contractor is familiar with and is satisfied as to all federal,state,and local
Laws and Regulations that may affect cost, progress, performance,and
furnishing of the Work.
D. Contractor has carefully studied all:
(I) Reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions in or
relating to existing surface or subsurface structures at or contiguous
to the Site;and
(2) Reports and drawings of a Hazardous Environmental Condition, if
any,at the Site. Contractor acknowledges that The City of
Fayetteville and Engineer do not assume responsibility for the
accuracy or completeness of information and data shown or indicated
in the Contract Documents with respect to Underground Facilities at
or contiguous to the Site.
E. Contractor has obtained and carefully studied(or assumes responsibility of
having done so)all such additional supplementary examinations,
investigations,explorations,tests,studies,and data concerning conditions
(surface,subsurface,and Underground Facilities)at or contiguous to the Site
or otherwise which may affect cost, progress,performance,and furnishing of
00500_Agreement 00500-5 14048030
DOCUMENT 00500—AGREEMENT(continued)
the Work or which relate to any aspect of the means,methods,techniques,
sequences,and procedures of constriction to be employed by Contractor and
safety precautions and programs incident thereto.
F. Contractor does not consider that any additional examinations,
investigations,explorations,tests,studies,or data are necessary for the
performing and furnishing of the Work at the Contract Price,within the
Contract Times,and in accordance with the other terms and conditions of the
Contract Documents.
G. Contractor is aware of the general nature of work to be performed by The
City of Fayetteville and others at the Site that relates to the Work as indicated
in the Contract Documents.
H. Contractor has correlated the information known to Contractor,information
and observations obtained from visits to the Site,reports and drawings
identified in the Contract Documents,and all additional examinations,
investigations,explorations,tests,studies,and data with the Contract
Documents.
I. Contractor has given Engineer written notice of all conflicts,errors,
ambiguities,or discrepancies that Contractor has discovered in the Contract
Documents and the written resolution thereof by Engineer is acceptable to
Contractor.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of
the Work.
ARTICLE 7- CONTRACT DOCUMENTS
7.01 CONTENTS:
A. The Contract Documents which comprise the entire Agreement between The
City of Fayetteville and Contractor concerning the Work consist of the
00500_Agreement 00500-6 14048030
DOCUMENT 00500—AGREEMENT(continued)
following and may only be amended,modified,or supplemented as provided
in the GENERAL CONDITIONS:
•
I. This Agreement.
2. Exhibits to this Agreement(enumerated as follows):
a. Notice to Proceed.
b. Contractor's Bid.
c. Documentation submitted by Contractor prior to Notice of
Award.
3. Performance,Payment,and other Bonds.
4. General Conditions.
5. Supplementary Conditions.
•
6. Specifications consisting of divisions and sections as listed in table
of contents of Project Manual.
7. Drawings consisting of a cover sheet and sheets as listed in the table
of contents thereof,with each sheet bearing the following general
title: City of Fayetteville
Fayetteville,AR
Baxter and Mount Sequoyah
Tank Rehabilitation Improvements
8. Addenda number I
9. The following which may be delivered or issued after the Effective
Date of the Agreement and are not attached hereto: All Written
Amendments and other documents amending,modifying,or
supplementing the Contract Documents pursuant to the GENERAL
CONDITIONS.
ARTICLE 8- MISCELLANEOUS
8.01 TERMS:
A. Terms used in this Agreement which are defined in the GENERAL
CONDITIONS shall have the meanings stated in the GENERAL
CONDITIONS.
00500_Agreement 00500-7 14048030
DOCUMENT 00500—AGREEMENT(continued)
8.02 ASSIGNMENT OF CONTRACT:
A. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound;and specifically but without
limitation, moneys that may become due and moneys that are due may not be
assigned without such consent(except to the extent that the effect of this
restriction may be limited by Law),and unless specifically stated to the
contrary in any written consent to an assignment, no assignment will release
or discharge the assignor from any duty or responsibility tinder the Contract
Documents.
8.03 SUCCESSORS AND ASSIGNS:
A. The City of Fayetteville and Contractor each binds himself,his partners,
successors,assigns,and legal representatives to the other party hereto, its
partners,successors,assigns, and legal representatives in respect to all
covenants,agreements,and obligations contained in the Contract Documents.
8.04 SEVERABILITY:
A. Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken,and all
remaining provisions shall continue to be valid and binding upon The City of
Fayetteville and Contractor, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
8.05 FREEDOM OF INFORMATION ACT:
A. City contracts and documents prepared while performing city contractual
work are subject to the Arkansas Freedom of Information Act. If a Freedom
of Information Act request is presented to the City of Fayetteville,the
contractor will do everything possible to provide the documents in a prompt
00500_Agreement 00500-8 14048030
DOCUMENT 00500—AGREEMENT(continued)
and timely manner as prescribed in the Arkansas Freedom of Information Act
(A.C.A. §25-I9-101 et. seq.). Only legally authorized photocopying costs
pursuant to the FOR may be assessed for this compliance.
8.06 LIENS:
A. No liens against this construction project are allowed. Arkansas law
(A.C.A. §§18-44-501 through 508)prohibits the filing of any mechanics'of
materialmen's liens in relation to this public construction project. Arkansas
law requires and the contractor promises to provide and file with the Circuit
Clerk of Washington County a bond in a sum equal to the amount of this
contract. Any subcontractor or materials supplier may bring an action for
non-payment or labor or material on the bond. The contractor promises to
notify every subcontractor and materials supplier for this project of this
paragraph and obtain their written acknowledgement of such notice prior to
commencement of the work of the subcontractor or materials supplier.
IN WITNESS WHEREOF,The City of Fayetteville and Contractor have signed this Agreement
in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two
counterparts each has been delivered to The City of Fayetteville. All portions of the Contract
Documents have been signed, initialed,or identified by The City of Fayetteville and Contractor or
identified by Engineer on their behalf.
•
00500_Agreement 00500-9 14048030
DOCUMENT 00500—AGREEMENT(continued)
This Agreement will be effective on February 2 2016 which is the Effective Date of the
Agreement.
CONTRACTOR
UTILITY SERVICE GROUP,INC. CITY F FAYETTEVILLE
I ONIL.DJeR) , MAYOR
By: // llllllllll
l`lll.aK/T�f i
Title: Jonathan Cato,VP of Tank Services c :FAYETTEVILLE
(SEAL) (sLiike�'' PJ
ro ! `°
rnunui.d
tr
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Attest Se—‘
L 'n /.�•rc. C . �SJavcw�'
Shane Albritton, Secretary SONDRA SMITH,CITY CLERK(ATTEST)
00500_Agreement 00500- 10 14048030 ,
•
DOCUMENT 00500—AGREEMENT(continued)
Address for givingMenu nodose Menu gulag polka
S$5 c.0... 1sae, Pnotove3 131uo{_ 1.0 W.Mounter'
?err tall O LAI Favettev0te,AR 72701
License No. CIO 41 I L Ca o4 .I (a (attach evidence authority 10
sip and resolution or otha doc uneats
Ascot for Service apneas C �1 suthorhing execution of Agreanene)C�r� ..SPtYtS r.9.9ry
Of Contractor Is a corpondon, �G ApprovedAsto Form:-
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Attorney For. --F-4-`?LAC-at
END OF DOCUMENT 00500
O0500joement doer 00500.I I 14048030
Utility
Service
Group.
RESOLUTION OF BOARD OF DIRECTORS
OF
UTILITY SERVICE CO.,INC.
BE IT RESOLVED that Jonathan Cato,Vice President of Tank Services,of Utility
Service Co.,Inc.,is hereby authorized and empowered by the Board of Directors as of December
20,2013 to execute any and all bid bonds, bid responses,and bid contracts on behalf of Utility
Service Co.,Inc.
UTILITY SERV IC'ti
CO.,INC.
`_' 3�_
By. `'}D inique Demessencc
CEO
CERTIFICATE OF SECRETARY
OF
UTILITY SERVICE CO..INC.
I,J. Shane Albritton,as Secretary of Utility Service Co.,Inc.,do hereby certify that the
above Resolution was duly proposed,adopted,and resolved,during a meeting of Utility Service
• Co., Inc.,a corporation,on the 20th day of December, 2013.
So executed on the 20th day of December,2013.
J. Shgfic'Albritton,--
[Corporate Seal]
535 Courtney Hodges Blvd I P 0 Box 1350 I Perry,GA 31069
Local:478.987.0303 I Toll-Free:855.526.4413 I Fax:478.987.1085 I utilityservice.com
Beavers, Jim
From: Rennie,Andrea
Sent: Tuesday, February 23, 2016 11:05 AM
To: Beavers,Jim
Cc: Nyander,Tim;CRBuntin@GarverUSA.com; Pennington, Blake; Rennie, Andrea
Subject: RE: Bid 16-18 Fayetteville- Status request
Jim,
I spoke with our Assistant City Attorney, Blake Pennington. The City can accept the$25,000 deductible modification
with a change order to the agreement. This can be sent through Legistar for the Mayor's signature as change order#1
with no monetary change. This won't require City Council approval.
Thanks,
Andrea
Andrea Foren Rennie, CPPO, CPPB
Purchasing Manager
Purchasing Division
113 W. Mountain
City of Fayetteville,Arkansas 72701
aforen@fayetteville-ar.gov
T 479.575.8220 I F 479.575.8257
Website I Facebook I Twitter I YouTube
CITY OF
o '
c�;:vim•.
¶ .tevi1e RECYCLE
SOMETHING •
ARKANSAS munmi nwai
www.layetteville ar.gov
From: Beavers,Jim
Sent:Tuesday, February 23, 2016 9:56 AM
To: Rennie, Andrea <aforen@fayetteville-ar.gov>
Cc: Nyander, Tim<tnyander@fayetteville-ar.gov>;CRBuntin@GarverUSA.com
Subject: Re: Bid 16-18 Fayetteville-Status request
Only what they have stated.
Jim
Sent from my iPhone
On Feb 23, 2016, at 9:29 AM, Rennie,Andrea<aforen@fayetteville-ar.gov>wrote:
Do we know why they are unable to supply a deductible to match the specifications?
Andrea Foren Rennie,CPPO, CPPB
Purchasing Manager
Purchasing Division
113 W. Mountain
City of Fayetteville, Arkansas 72701
a foren @fayettevi Ile-a r.eov
T 479.575.8220 I F 479.575.8257
Website I Facebook I Twitter I YouTube
<image004.png> <image005.png>
From: Beavers,Jim
Sent:Tuesday, February 23, 2016 9:28 AM
To: Rennie,Andrea <aforen@favetteville-ar.eov>
Cc: Nyander,Tim<tnyander@fayetteville-ar.eov>; Buntin, Chris, R<CRBuntin@GarverUSA.com>
Subject: FW: Bid 16-18 Fayetteville-Status request
Andrea,
The Baxter and Mount Sequoyah water tank paint/rehabilitation project.
Construction Bid 16-18
The specifications(00700 page 13) require a maximum$5,000 deductible, the contractor can only
supply a maximum deductible of$25,000.
Please see attached and below.
<image006.jpg>
May we proceed to finalize and sign the contract documents?
Thank you,
Jim Beavers
From: Buntin, Chris, R [inailto:CRBuntin@GarverUSA.com]
Sent:Tuesday, February 23, 2016 9:16 AM
To: Beavers,Jim<jbeavers@fayetteville-ar.eov>
Subject: FW: Bid 16-18 Fayetteville-Status request
Jim,
2
Please see below. Is the $25,000 deductible ok?
Thank you,
Chris
Chris Buntin, P.E.
Garver
479-527-9100
From: Dimsdale,Curt [mailto:cdimsdale@utilityservice.comJ
Sent:Tuesday, February 23, 2016 8:47 AM
To: Buntin,Chris, R<CRBuntin@GarverUSA.com>
Subject: RE: Bid 16-18 Fayetteville-Status request
•
Chris,
In have attached the revised Certificate of Insurance. I have also inserted the reply from our insurance
carrier regarding the deductibles and fire protection.
The deductible is generally review at renewal time and base on your risk appetite and financial
strength etc.The same deductible applies to the Suez group and not on a project by project
basis.Giving the size of your company,the current deductible of$25,000 is considered low,and
it's very unlikely that your insurer will agree to a lower deductible for this one project.
Please call me if you wish to discuss this matter further.
Thanks, Ray
Ray Mandala
Advisory Specialist
Global Risk Management I U.S. Property Practice
Marsh USA Inc. 11166 Avenue of the Americas,New York,NY 10036,USA
T:212-345-7223 I C:929-270-8344
Ray.Mandala@Marsh.com
www.marsh.com
Fire Damage on the Liability Certificate is now called Damages to Premises Rented.This was a
change made Acord and NCCI a few years back.
P.Kevin O'Sullivan I Vice President
Marsh USA Inc. I Casualty Advisory
445 South Street,Suite 2101 Morristown,NJ 07962-1966, USA
t:973 401 5262 I c:862 579 5161 1 f:973 401 5368
e:Kevin.OSullivan@marsh.com I www.marsh.com
I will forward the schedule and info for the pre-con a little later today. Let me know if you have any
questions regarding the insurance.
Thanks,
Curt Dimsdale
Project Engineer
<image008.jpg>
3
535 Courtney Hodges Blvd • P 0 Box 1350 • Perry, GA 31069
Office:478-988-52531 Mobile:478-36142571 Fax:478-987-9657
cdimsdale anutilitvservice.com
utilitvservice.com
tank asset mgt.I tank condition assessment I lank rehabilitation I ice pigging I Um removal I water mix l chemical cleaning I water
well asset mgt.I water well rehab I valve&hydrant asset mgt.I g.i.s.asset mgt.I leak detection services l smart metering I
communications
•
4
Attachment 5
Copy of Specifications General Conditions 00700 Article 5 — Bonds and
Insurance
DOCUMENT 00700—GENERAL CONDITIONS: (continued)
ARTICLE 5- BONDS AND INSURANCE
5.01 PERFORMANCE AND OTHER BONDS:
A. Contractor shall furnish performance and payment Bonds,each in an amount at least
equal to the Contract Price as security for the faithful performance and payment of all
Contractor's obligations under the Contract Documents.These Bonds shall remain in
effect at least until two years after the date when final payment is approved by
Owner,except as otherwise provided by Law or Regulation or by the Contract
Documents. Contractor shall also furnish such other Bonds as are required by the
Contract Documents. All Bonds shall be in the forms prescribed by Law or •
Regulation or by the Contract Documents and be executed by such sureties as are
named in the current list of"Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies"as
published in Circular 570(amended)by the Financial Management Service, Surety
Bond Branch,U.S. Department of the Treasury. All bonds shall be signed by an
Arkansas Agent.
B. The Bonds shall be automatically increased in amount and extended in time without
formal and separate amendments to cover full and faithful performance of the
Contract in the event of Change Orders, regardless of the amount of time or money
involved. It is Contractor's responsibility to notify his surety of any changes affecting
the general scope of the Work or change in the Contract Price or Contract Times.
C. Bonds signed by an agent must be accompanied by a certified copy of the authority to
act.
D. Date of Bonds shall be the same as the Effective Date of the Agreement.
E. If at any time during the continuance of the Contract,the surety on any Bond
becomes unacceptable to Owner for financial reasons,Owner has the right to require
additional and sufficient sureties which Contractor shall furnish to the satisfaction of
Owner within ten days after notice to do so.
1. If the surety on any Bond furnished by Contractor is declared bankrupt or
becomes insolvent or its right to do business is terminated in any state where
any part of the Project is located or it ceases to meet the requirements of
Paragraph 5.01A,Contractor shall within five days thereafter substitute
another Bond and surety,both of which must be acceptable to Owner.
5.02 INSURANCE:
A. Contractor's Liability Insurance:
I. Contractor and all of his subcontractors shall purchase and maintain such
liability and other insurance as is appropriate for the Work being furnished
and performed and as will provide protection front claims set forth below
which may arise out of or result from Contractor's furnishing and
performance of the Work and Contractor's other obligations under the
Contract Documents,whether it is to be performed by Contractor,any
Subcontractor or Supplier,or by anyone directly or indirectly employed by
any of them to perform any of the Work,or by anyone for whose acts any of
them may be liable:
a. Claims under workers' compensation,disability benefits,and other
similar employee benefit acts;
00700 GeneralConditions.docx 00700—II 14048030
•
DOCUMENT 00700—GENERAL CONDITIONS: (continued)
• b. Claims for damages because of bodily injury,occupational sickness or
disease,or death of Contractor's employees;
c. Claims for damages because of bodily injury,sickness,or disease,or
death of any person other than Contractor's employees;
d. Claims for damages insured by reasonably available personal injury
liability coverage which are sustained:(i)by any person as a result of an
offense directly or indirectly related to the employment of such person
by Contractor,or(ii)by any other person for any other reason;
e. Claims for damages,other than to the Work itself,because of injury to or
destruction of tangible property wherever located, including loss of use
therefrom;
f. Claims arising out of operation of Laws or Regulations for damages
because of bodily injury or death of any person or for damage to
property;and
g. Claims for damages because of bodily injury or death of any person or
property damage arising out of the ownership,maintenance,or use of
any motor vehicle.
2. The insurance required by this paragraph shall include the specific coverages,
and be written for not less than the limits of liability specified or required by
Law,whichever is greater.
a. Umbrella General Liability $5,000,000
b. Workers' compensation Statutory(State and Federal Limits)
Employer's Liability $500,000 each accident
c. Commercial General Liability
(1) General Aggregate $2,000,000
(2) Products-Completed Operations Aggregate $2,000,000
(3) Personal&Advertising Injury Limit $1,000,000
(4) Each Occurrence Limit $1,000,000
(5) Fire Damage Limit $ 100,000
(6) Medical Expense Limit $ 5,000
d. Business Automobile Liability
(I) Any one loss or accident $1,000,000
B. The policies of insurance so required by paragraph 5.02A to be purchased and
maintained shall:
1. with respect to insurance required by Paragraphs 5.02A.1.c through
5.02A,I.g inclusive,include as additional insureds by endorsement(subject
to customary exclusion in respect of professional liability)Owner, Engineer,
and Engineer's Consultants, and include coverage for the respective officers,
directors,partners,employees,agents,and other consultants and
subcontractors of each and any of all such additional insureds,and the
insurance afforded to these additional insureds shall provide primary
coverage for all claims covered thereby;
2. include at least the specific coverages and be written for not less than the
limits of liability specified in Paragraph 5.02A.2 or required by Laws and
Regulations,whichever is greater;
3. with respect to insurance required by paragraphs 5.02A I.e through 5.02A I.g
inclusive,include premises/operations,products,completed operations,
independent contractors,and personal injury insurance,;
00700 GeneralConditions.docx 00700- 12 14048030
DOCUMENT 00700—GENERAL CONDITIONS: (continued)
4. include in the Commercial General Liability policy,contractual liability
insurance covering Contractor's indemnity obligations under
Paragraphs 6.06,6.10,and 6.16,and written for not less than the limits of
liability and coverages specified above;
5. contain a provision or endorsement that the coverage afforded will not be
cancelled,materially changed,or renewal refused until at least 30 days' prior
written notice by certified mail has been given to Owner and Contractor and
to each other additional insured to whom a certificate of insurance has been
issued;
6. provide Broad Form Property Damage coverage and contain no exclusion
(commonly referred to as XC&U exclusion) relative to blasting,earthquake,
flood,explosion,collapse of buildings,or damage to underground property;
7. remain in effect at least until final payment and at all times thereafter when
Contractor may be correcting,removing,or replacing defective Work in
accordance with Paragraph 13.07;
8. with respect to completed operations insurance,and any insurance coverage
written on a claims-made basis,remain in effect for at least two years after
final payment and Contractor shall furnish Owner and each other specified
additional insured to whom a certificate of insurance has been issued,
evidence satisfactory to Owner and any such additional insured of
continuation of such insurance at final payment and one year thereafter;
9. include Independent Contractors Protective Liability coverage;and
10. with respect to the Commercial General Liability policy,the maximum
deductible allowed shall be$5,000.
1 I. Owner and Contractor waive all rights against each other and their respective
officers,directors,partners,employees,agents,and other consultants and
subcontractors of each and any of them for all losses and damages caused by,
arising out of,or resulting from any of the perils or causes of loss covered by
such policies required by Paragraph 5.02A and any other liability insurance
applicable to the Work; and, in addition,waive all such rights against
Subcontractors,Engineer,Engineer's Consultants,and all other individuals
or entities endorsed as insureds or additional insureds(and the officers,
directors,partners,employees,agents and other consultants and
subcontractors of each and any of them)under such policies for losses and
damages so caused. As required by Paragraph 6.05D,each subcontract
between Contractor and a Subcontractor shall contain similar waiver
provisions by the Subcontractor in favor of Owner,Contractor,Engineer,
Engineer's Consultants,and all other parties endorsed as insureds or
additional insureds. None of the above waivers shall extend to the rights that
any of the insured parties may have to proceeds of insurance held by Owner
as trustee or otherwise payable under any policy so issued. with respect to
the Commercial General Liability policy, the maximum deductible allowed
shall be$5,000.
C. Owner's Protective Liability Insurance:
I. Contractor shall be responsible for purchasing and maintaining Owner's
Protective Liability insurance with Owner,and Engineer as named insureds.
2. This insurance shall have the same limits of liability as the Commercial
General Liability insurance and shall protect Owner and Engineer against
any and all claims and liabilities for injury to or death of persons,or damage
00700_GeneralConditions.docx 00700- 13 14048030
•
DOCUMENT 00700—GENERAL CONDITIONS:(continued)
to property caused in whole or in part by,or alleged to have been caused in
whole or in part by,negligent acts or omissions of Contractor or
Subcontractors or any agent,servant,worker,or employee of Contractor or
Subcontractors arising from the operations under the Contract Documents.
3. This insurance may be provided by endorsement to Contractor's Commercial
General Liability insurance policy.
D. Property Insurance:
1. Contractor shall purchase and maintain property insurance upon the Work at
the Site in the amount of the full insurable value thereof(subject to such
deductible amounts as follows)or as required by Laws or Regulations.This
insurance shall:
a. be on the completed value form and include the interests of Owner,
Contractor,Subcontractors,Engineer,and Engineer's Consultants,and
the officers,directors,partners,employees,agent, and other consultants
and subcontractors of each and any of them,each of whom is deemed to
have an insurable interest and shall be listed as an additional insured;
b. be written on a Builder's Risk"all-risk"or open peril or special causes of
loss policy form that shall at least include insurance for physical loss or
damage to the Work,temporary buildings, false work,and Equipment
and Materials,and shall insure against at least the following perils or
causes of loss: fire,lightning,extended coverage, theft,vandalism and
malicious mischief,earthquake,collapse,debris removal,demolition
occasioned by enforcement of Laws and Regulations,water damage,
terrorism,and.such other perils(as flood,earthquake,explosions,
collapse,underground hazard)or causes of loss as may be specifically
required in the Contract Documents;
c. include expenses incurred in the repair or replacement of any insured
property(including but not limited to fees and charges of engineers,
architects,attorneys,and other professionals);
d. cover Equipment and Materials stored at the Site or at another location
that was agreed to in writing by Engineer prior to being incorporated in
the Work,provided that such Equipment and Materials have been
included in an Application for Payment recommended by Engineer;
e. allow for partial utilization of the Work by Owner;
f. include testing and startup;
g. be maintained in effect until final payment(or the Owner assumes
beneficial occupancy and agrees to provide insurance coverage for the
facilities so occupied)is made unless otherwise agreed to in writing by
Owner,Contractor,and Engineer with 30 days' written notice to each
other additional insured to whom a certificate of insurance has been
issued;and
h. have a deductible amount of$ 10,000.
2. Contractor shall purchase and maintain such boiler and machinery insurance
or additional property insurance as required by Laws and Regulations which
will include the interests of Owner,Contractor, Subcontractors,Engineer,
and Engineer's Consultants in the Work,each of whom is deemed to have an
insurable interest and shall be listed as insured or additional insured parties.
3. All policies of insurance required to be purchased and maintained in
accordance with Paragraph 5.02D will contain a provision or endorsement
00700_GeneralConditions.docx 00700-14 • 14048030
DOCUMENT 00700—GENERAL CONDITIONS: (continued)
that the coverage afforded will not be cancelled or materially changed or
renewal refused until at least 30 days' prior notice by certified mail has been
given to Owner and Contractor and to each additional insured to whom a
certificate of insurance has been issued and will contain waiver provisions in
accordance with Paragraph 5.02F below.
4. Copies of the policies shall be furnished for property insurance.Certificates
will not be acceptable.
E. Transit Insurance:
Transit insurance shall be furnished by Contractor to protect Contractor and
Owner from all risks of physical loss or damage to Equipment and Materials,
not otherwise covered under other policies,during transit from point of
origin to the Site of installation or erection.
2. This insurance shall be written on an"All Risk"basis with additional
coverages applicable to the circumstances that may occur in the particular
Work included in this Contact.
3. This insurance shall be in an amount not less than 100%of the manufactured
or fabricated value of items exposed to risk in transit at any one time.
4. This insurance shall contain a waiver of rights of subrogation the insurer may
have or acquire against Engineer.
F. Waiver of Rights:
Owner and Contractor intend that all policies purchased in accordance with
Paragraph 5.02D will protect Owner,Contractor,Subcontractors,Engineer,
Engineer's Consultants,and other individuals or entities endorsed as insureds
or additional insureds(and the officers,directors,partners,employees,
agents,and other consultants and subcontractors of each and any of them)in
such policies and will provide primary coverage for all losses and damages
caused by the perils or causes of loss covered thereby.All such policies shall
contain provisions to the effect that in the event of payment of any loss or
damage,the insurers will have no rights of recovery against any of the
insureds or additional insureds thereunder;and if the insurers require
separate waiver fonns to be signed by Engineer or Engineer's Consultants,
Owner will obtain the same,and if such waiver forms are required of any
Subcontractor,Contractor shall obtain the same.
2. Owner and Contractor waive all rights against each other and their respective
officers,directors,partners,employees,agents,and other consultants and
subcontractors of each and any of them for all losses and damages caused by,
arising out of,or resulting from any of the perils or causes of loss covered by
such policies required by Paragraph 5.02D and any other property insurance
applicable to the Work;and,in addition,waive all such rights against
Subcontractors;Engineer,Engineer's Consultants,and all other individuals
or entities endorsed as insureds or additional insureds(and the officers,
directors,partners,employees,agents,and other consultants and
subcontractors of each and any of them)under such policies for losses and
damages so caused. As required by Paragraph 6.05D,each subcontract
between Contractor and a Subcontractor shall contain similar waiver
provisions by the Subcontractor in favor of Owner,Contractor,Engineer,
Engineer's Consultants,and all other parties endorsed as insureds or
additional insureds. None of the above waivers shall extend to the rights that
00700 GeneralConditions.docx 00700-15 14048030
DOCUMENT 00700—GENERAL CONDITIONS: (continued)
any of the insured parties may have to proceeds of insurance held by Owner
as trustee or otherwise payable under any policy so issued.
G. Receipt and Application of Insurance Proceeds:
I. Any insured loss under the policies of insurance required by
Paragraph 5.02D will be adjusted with Owner and made payable to Owner as
fiduciary for the insureds,as their interests may appear,subject to the
requirements of any applicable mortgage clause and of Paragraph 5.02G.2.
Owner shall deposit in a separate account any money so received and shall
distribute it in accordance with such agreement as the parties in interest may
reach.If no other special agreement is reached,the damaged Work shall be
repaired or replaced,the moneys so received applied to account thereof,and
the Work and the cost thereof covered by an appropriate Change Order or
Written Amendment.
2. Owner as fiduciary shall have power to adjust and settle any loss with the
insurers unless one of the parties in interest shall object in writing within
15 days after the occurrence of loss to Owner's exercise of this power. If
such objection is made,Owner as fiduciary shall make settlement with the
insurers in accordance with such agreement as the parties in interest may
reach. If no such agreement among the parties in interest is reached,Owner
as fiduciary shall adjust and settle the loss with the insurers and,if required
in writing by any party in interest,Owner as fiduciary shall give bond for the
proper performance of such duties upon the occurrence of an insured loss.
H. Acceptance of Insurance:
1. If Owner has any objection to the coverage afforded by or other provisions of
the insurance required to be purchased and maintained by Contractor in
accordance with Paragraph 5.02 on the basis of non-conformance with the
Contract Documents,Owner shall so notify Contractor in writing thereof
within 10 days of the date of delivery of such certificates and other evidence
of insurance to Owner required by Paragraph 2.05C.
2. Owner and Contractor shall each provide to the other such additional
information in respect of insurance provided as the other may reasonably
request If either party does not purchase or maintain all of the insurance
required of such party by the Contract Documents,such party shall notify the
other party in writing of such failure to purchase prior to the start of the
Work,or of such failure to maintain prior to any change in the required
coverage. Without prejudice to any other right or remedy,the other party
may elect to obtain equivalent insurance to protect such other party's
interests at the expense of the party who was required to provide such
coverage,and a Change Order shall be issued to adjust the Contract Price
accordingly.
Partial Utilization,Acknowledgment of Property Insurer:
1. ]f Owner finds it necessary to occupy or use a portion or portions of the
Work prior to Final Completion of all the Work as provided in
Paragraph 14.06,no such use or occupancy shall commence before the
insurers providing property insurance pursuant to Paragraph 5.02D have
acknowledged notice thereof and in writing effected any changes in coverage
necessitated thereby.The insurers providing the property insurance shall
consent by endorsement on the policy or policies,but the property insurance
00700_GeneralConditions.docx 00700-16 14048030
DOCUMENT 00700—GENERAL CONDITIONS: (continued)
shall not be cancelled or lapse on account of any such partial use or
occupancy.
ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES
6.01 SUPERVISION AND SUPERINTENDENCE:
A. Contractor shall supervise and direct the Work competently and efficiently,devoting
such attention thereto and applying such skills and expertise as may be necessary to
perform the Work in accordance with the Contract Documents. Contractor shall be
solely responsible for and have control over construction means,methods,
techniques,sequences,and procedures and for coordinating all portions of the Work,
but Contractor shall not be responsible for the negligence of others in the design or
selection of a specific means,method, technique,sequence,or procedure of •
construction which is indicated in and required by the Contract Documents.
Contractor shall be responsible to see that the finished Work complies accurately
with the Contract Documents.
13. Contractor shall keep on the Work at all times during its progress a competent
resident superintendent,who shall not be replaced without written notice to Owner
and Engineer except under extraordinary circumstances.The superintendent will be
Contractor's representative at the Site and shall have authority to act on behalf of
Contractor. All communications given to the superintendent shall be as binding as if
given to Contractor.
C. When manufacturer's field services in connection with the erection,installation,
start-up,or testing of Equipment furnished under this Contract,or instruction of
Owner's personnel thereon are specified,Contractor shall keep on the Work,during
its progress or as specified,competent manufacturer's field representatives and any
necessary assistants.
6.02 LABOR,EOUIPMENT,AND MATERIALS:
A. Contractor shall provide competent,suitably qualified personnel to survey and lay
out the Work and perform construction as required by the Contract Documents.
Contractor shall at all times maintain good discipline and order at the Site. Except in
connection with the safety or protection of persons or the Work or property at the Site
or adjacent thereto,and except as otherwise indicated in the Contract Documents,all
Work at the Site shall be performed during regular working hours,and Contractor
will not permit overtime work or the performance of Work on Saturday,Sunday,or
any legal holiday without Engineer's written consent.
B. Unless otherwise specified in the General Requirements,Contractor shall furnish and
assume full responsibility for all Equipment and Materials,labor,transportation,
construction equipment and machinery,tools,appliances,fuel,power,light,heat,
telephone, water,sanitary facilities,temporary facilities,and all other facilities and
incidentals necessary for the furnishing,performance,testing,start-up,and
completion of the Work.
C. All Equipment and Materials shall be of good quality and new,except as otherwise
provided in the Contract Documents. If required by Engineer,Contractor shall
furnish to Engineer satisfactory evidence(including reports of required tests)as to
the kind and quality of Equipment and Materials. All Equipment and Materials shall
be applied, installed,connected,erected, used, cleaned,and conditioned in
00700_GeneralConditions.docx 00700-17 14048030
ACORO CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDWYYY)
0110/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER CONTACT
MARSH USA,INC. DAMEPHONE
445 SOUTH STREET INC.No.Ay* _ ,:P/C,Not —
MORRISTOWN.NJ 07962.1966 E-MAIL
Ann:Morristown CertRequesl@marsh.cam Fax:212.948.0979 ADDRESS:
INSURER(S)AFFORDING COVERAGE I NATO I
100055USG.W_/PCL-1617 INSURER A:Liteny Mutual Fke Insurance Canpany 23035
INSURED INSURER B:National Won Fire Insulate Company .19445
UTILITY SERVICE CO.INC. - - ----
PO BOX 1350 INSURER C:Lterly IMWante Capaalion .42404
PERRY.GA 31069INSURER 0:ACE Allied=Insurance Company ;22667
INSURER E: (-_-
INSURER F: I
COVERAGES CERTIFICATE NUMBER: NYC-008424677.09 REVISION NUMBER:19
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 ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
(LTRii rV TYPE OF INSURANCE —`ADOL SURA' �— I POLICY EFF I POLICY E%P LIMITS
/RICO WVD' POLICY NUMBER IMMIDD/YYYVI (MM/UONYYY1
A I X I COMMERCIAL GENERAL LIABILITY I 1182641-444728046 0310172016 {017712117 'EACH OCCURRENCE �$ 2,000,000
113i0T AGE 10 RESTED
F -�CLAIMS MADE Fl OCCUR I PREMISESEELICSNue_d e1 '$ 2,000EICe
I I MED EXP(My one person) .$ 10.000
II{{ _ _ PERSONA.6 ADV INJURY S 2,000,000
(GEM AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE_.5 3.000,000
RRI %1 POLICY LI jE n LOC I PRODUCTS.COMP/OP AGG $ 3.000,000
I OTHER I ,5
A AUTOMOBILE LIABILITY 'AS2-641-044728066 0311112016 031012017 j COIABINEOSINGLE LIMIT $
I (Ea MY+emp 2.000000
I %,ANY AUTO I BODILY INJURY(Pm person) •5
ALL OWNED r--- SCHEDULED
BODILY INJURY(Par 00:40111)'t
AUTOS 1 AUTOS I -
OVJNED PROPERTY OMMGE
H
NON
HIRED AUTOS AUTOS I 11Per°coot") I s
B UMBRELLA LIAR II% 1)OCCUR 19086788 101012016 014012017 I EACHOCCURRENCE_ — 5.000.000
EXCESS LIAB I CLAIMS-MADE 1 ( (AGGREGATE .S 5000,090
( DED I% ,RETENTIONS 10,000 I I I5
C WORKERS COMPENSATION iWA7-640444728016(AOS) 01012016 10310112017 X I$7RTIJTE I I ETH
AND EMPLOYERS'LIABILITY Y/NI —'
-ANY PROPRIETOWPARTNE(UE%ECUTIVE I E.L.EACH ACGDEWT rE 2.000.000
OFFICER/MEI.IBER EXCLUDED? n NIA —
IMyaansatoryIInnNH) .ends I EL_DISEASE_EA EMPLOYEE$ 2,000.000
'DESCRIPTION OF OPERATIONS below I E L DISEASE-POLICY LIMIT S 2.000.000
D CONTRACTORS POLLUTION I 'COOG2737220A002 07/24/2015 071242016 PER OCCURRENCE: 20.000.000
LEGAL LIABILITY I SIR.$250.000 I AGGREGATE' 20,000.000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORO 101.Adeillonel Remarks SCBSEule,may be moaned II mon space Is Aquired)
RE BID 1818 BAXTER AND MT.SEOUOYAH TANK REHABILITATION IMPROVEMENTS CONTRACT AMOUNT:51.133.510
CITY OF FAYETTEVILLE AND GARNER LLC.THE RESPECTIVE OFFICERS.DIRECTORS.PARTNERS,EMPLOYEES.AGENTS.AND OTHER CONSULTANTS AND
SUBCONTRACTORS ARE INCLUDED AS ADDITIONAL INSURED(EXCEPT WORKERS COMPENSATION)WHERE REQUIRED BY WRITTEN CONTRACT THIS
INSURANCE IS PRIMARY AND NONCONTRIBUTORY OVER ANY EXISTING INSURANCE AND LIMITED TO UABILITY ARISING OUT OF THE OPERATIONS OF THE
NAMED INSURED AND WHERE REOUIRED BY WRITTEN CONTRACT.WANER OF SUBROGATION PROVIDED IN FAVOR OF ADDITIONAL INSURED UNDER THE
GENERAL LIABILITY.AUTO LIABILITY AND WORKERS COMPENSATION.
I CERTIFICATE HOLDER CANCELLATION
CITY OF FAY ElTEVILLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
113 WEST MOUNTAIN ST. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
FAYETTEVILLE.AR 72701 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
of Mash USA Inc.
Manashl Mukheriee -JYla...not.: ...144.....40,.,.4._._
I 01988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
Jim Beavers
Submitted By
Change DOC( ti10. a
City of Fayetteville Staff Review Form
2016-0318
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/23/2016
Submitted Date
Action Recommendation:
Utilities Director /
Utilities Department
Division / Department
Approval and signature of Change Order No. 2 to Utility Service Company, Inc. in the amount of $101,649.00 for
internal structural repairs to the Baxter Water Tank.
5400.5600.5808.00
Account Number
14010.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Budget Impact:
Water/Sewer
Fund
Water Tank Improvements
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
$ 1,327,847.00
$ 1,226,196.79
$ 101,650.21
$ 101,649.00
$ 1.21
V20140710
Previous Ordinance or Resolution # CMIC0
Original Contract Number:
Comments:
2399
Approval Date: 1- Le -SOI Lo