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HomeMy WebLinkAbout1980-737-R V IN THE MATTER OF A CERTAIN STREET SYSTEM KNOWN AS THE FEDERAL AID URBAN SYSTEM JOB NO. 5735' FEDERAL AID PROJECT NO. M-8020(8) RESOLUTION NO. 7 3� A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF BATESVILLE TO MATCH FEDERAL AID AND URBAN SYSTEM MONIES FOR THE INTERSECTION IMPROVEMENTS WHEREAS, the City of Batesville understands additional Federal-Aid Urban System Funds are available for improvements to the city streets; and WHEREAS, the City has determined that the top priority project is (W Improvement of Street Intersection Radii; and WHEREAS, the City understands that their matching portion of this project will be 25% of the total cost; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS, THAT: SECTION I: The City of Batesville will participate in accordance with its designated responsibility in this project. SECTION II: The Mayor is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the con- struction of the improvements on city streets. SECTION III: The City of Batesville pledges its full support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to construct this project. THIS RESOLUTION adopted this L 2' day of 1980. 1980. 7A AW OR ATTEST: &J L (W (SEAL) • J A10ANSAS STATE HI AY AND TRANSPORTATION DEPARTMENT �Pl pND rR4�< U� U� Henry Gray,Director W s P.O. Box 2261 '1 Telephone(501) 569-2000 "s �o Little Rock, Arkansas 72203 s aD a ryb"�bb IN'��l March 12, 1980 Honorable Peyton Golden Mayor City Hall Batesville, Arkansas 72501 Re: Job 5735 Intersection Improvements (W (IV) , Batesville Dear Mayor Golden: Relative to the subject project, we are in receipt of the Bond, the Construction Agreement, and a check in the amount of $1,304.38 to cover the City's portion of the engineering costs. Transmitted with this letter is a copy of the fully executed Construction Agreement for your files. Mr. Jim Chaney, District Engineer at Batesville, will contact you in the near future regarding a work order for this job. Yours very truly, J. D. Barnett Engineer of Traffic Division Enclosures cc: Mr. Jim Chaney Construction Division ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT (W URBAN SYSTEM PROJECT SPECIFICATIONS FOR INTERSECTION IMPROVEMENTS JOB 5735 FA NO. M-8020(8) CITY Batesville JOB NAME Intersection Improvements IV 4 Batesville CONSTRUCTION AGREEMENT 1. This evidences an agreement between the City of Batesville and the Arkansas State Highway and Transportation Department for the improving of street intersection radii on the Federal Aid Urban System, which system is part of the approved Federal Aid System of said City. (W 2. Under the 1978 Surface Transportation Assistance Act, Federal funds are made available which may be used for payment in part for the work contem- plated by this agreement under condition that not less than twenty-five percent of the cost of the construction and construction engineering, plus the full cost of all nonparticipating items be borne by the City and/or State and the work be performed in accordance with plans and specifications approved by the Arkansas State Highway and Transportation Department and the work supervised by the Arkansas State Highway and Transportation Depart- ment. 3. The plans and specifications for the improvement of street radii on the System have been approved by the Arkansas State Highway and Transportation Department and are on file in its office in Little Rock and in the office of the Mayor of the City of Batesville, and have been approved and accepted by the City of Batesville. 4. The City of Batesville has elected to perform the proposed work with its own forces, equipment, and materials which work is described as follows: �r Improvement of street intersection radii. 5. In furtherance of this project, the City of Batesville, as Sponsor of this project, has made a Performance Bond, executed by a Bonding Company authorized to do business in this State, in the penal sum of $52,175.00 which is 100 per- cent of the estimated cost of said work and the materials entering into said improvement. 6. The City of Batesville, as Contractor, agrees to perform this work at the unit prices shown on the proposal schedule. As the work undertaken by the City of Batesville hereunder progresses, the Arkansas State Highway and Transportation Department in its supervision thereof will from time to time issue partial estimates, based on work performed at the (W Negotiated Unit Prices until the work is completed and will credit to or pay to the City of Batesville in accordance with paragraph No. 2 thereof, from Federal funds received for account of this project, ninety percent of such estimates, subject to the limitations and withholdings contained in Section 109 of the Standard Specifications for Highway Construction, Arkansas Highway Commission, Edition 1978, and final payment will be made upon the completion and acceptance of said job, subject to correction for changes made in the final voucher as paid by the Federal Highway Administration. 7. The City of Batesville agrees, for the consideration hereinafter expressed to begin work within ten days after a Work Order is issued by the Chief Engineer and to complete the work within two hundred seventy-five working days. Should the said City of Batesville failto complete the work within the time limit herein specified, said City shall pay to the State Highway Commission, as liquidated damages, ascertained and agreed, and not in the nature of a penalty, ( the sum of twenty five dollars ($25.00) for each day delayed, which shall be �r deducted from the final amount of estimate made the City. Should the said City of Batesville fail to complete the work in an acceptable manner, or default in any requirement of it hereunder, the Arkansas State Highway and Transportation Department shall have the right to complete all or any portion of the work with means at its command and pay for same from funds to be realized from the Performance Bond set up in paragraph No. 5. In no case can any portion of the construction cost of this project be borne by the Arkansas State Highway and Transportation Department. 8. The City of Batesville agrees upon completion of the project to assume the maintenance of the installation by City forces and/or others in accordance with applicable federal and Arkansas State Highway Commission regulations. (W 9. This agreement is executed by , Mayor of the City of Batesville, duly entered on the /`y day of Z , 1980, and recorded in Book No. _�, Page V , of the City Record. WITNESS the hands of the parties hereto on this day of , 1980. ARKANSAS STATZ HIGHWAY AND OR T N DEPART BY: BY: Deputy Director arffl Chief erect fghways and Engineer Transp rtation CITY BY: (W Mayor We4k4w A44 (W 3050 STEMMONS FREEWAY • P.O.BOX 225908,DALLAS,TEXAS 75265 PHONE 214/631-2020 • JOE KIRBY,PRESIDENT EVERYTHING IS ANSWERED THE DAY WE RECEIVE IT March 7, 1980 White River Insurance Agency, Inc. P.O. Box 3047 Batesville, AR 72501 ATI'N: Jim Edwards RE: Bond #1696774 City of Batesville, Arkansas Contract Bond, Arkansas State Highway Commission Dear Mr. Edwards: Per our phone conversation, please accept this letter as your authority (W to attach one of your R series Power of Attorney to the captioned bond in order that it will be acceptable to the State Highway Commission. Please furnish us with the report of execution frcin this power of attorney for the oompletion of our file. If you need anything further please do not hesitate to contact us. Yours very truly, WESTERN SURETY COMPANY Jim Fulton Vice President JF:rgg 114E L TRAFFIC DIV00 ARKANSAS STATE HIG"V41 aNp TRANSPORTATION 17EFT' ARKANSAS STATE HIGHWAY COMMISSION CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: Bond # 1696774 That we, CITY OF BATESVILLE as Principal, and ----WP2_tRxn,__Sur_t<y---CQMpAny---------------------------------------------------------------------------------------------- of -Sioux-Falls.,--Sou-th--Dakota----- as Surety, are held and firmly bound unto the State of Ar- kansas for the use and benefit of the Arkansas State Highway Commission, and its successors and assigns in the penal sum of FIFTY TWO THOUSAND ONE HUNDRED SEVENTY-FIVE DOLLARS AND NO CENTS Dollars ($52 , 175. 00 ), lawful money of the United States of America to be paid to said Arkansas State Highway Commission, to which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors or assigns, jointly and severally by these presents. 71f Signed, sealed and delivered this ------- ___._-_ day of ------------------------------------ 19aa. The condition of this Bond is as follows: That, whereas, said , as principal, has entered into a contract with the State Highway Commission of the State of Arkansas for the construction of that certain project in INDEPENDENCE County, designated as Job 5735 Federal Aid Project M-8020 (8) Job Name: INTERSECTION IMPROVEMENTS (IV) BATESVILLE consisting of an improvement of State Highway , Section , more specifically described in the Proposal Form attached hereto, such work to be performed in strict accordance with the terms and conditions of said contract. NOW, THEREFORE, if the above bounden CITY OF BATESVILLE shall in all things stand and abide by and well and truly observe, do keep and perform all and singular, the terms, covenants, guarantees and agreements in said Contract to be observed, kept, done and performed, and each of them, at the time and in the manner and form therein specified, and shall do and perform all the labor and work and shall furnish all the material as specified in said Contract and in strict accordance with the terms of said Contract and the Plans and Specifications thereto attached, and made a part thereof, and shall indemnify and save harmless said Arkansas State Highway Commission against any loss or damage of whatever kind and character, arising or occasioned by deeds of negligence of said principal, his agents, servants, and employees, in the prosecution of the work, or by reason of improper safeguards or incomplete protection to the work and shall pay all bills for material, labor and supplies entered into contingent and incident to the construction of said work, or used in the course of performance of the work, and shall complete said work-within the time specified in said Contract, then this obligation shall be null and void: otherwise to remain in full force and effect. The surety hereon further agrees that lack of knowledge by the Surety of any delay in the progress of the work by the Contractor shall not operate as a defense by the Surety to any clairri or suit on this bond, it being understood that the Surety shall receive notice of all steps looking 4W to the cancellation of the Contract, and, or, the reletting of the work. —6— 2M-7-7B-11-2-C877-0271 3-5 F2328-1 GI d Contract Bond (Coned) Unpaid clailts for material, labor and supplies entered into contingent and incident to the construction of said work or used in the course of performance of the work, shall have a right of action on this bond, but payments thereon shall be postponed until all claims of the Arkansas State Highway Commission hereon have been paid in full. The Surety Company hereon further agrees to pay all claims for which the said Contractor Is liable under the provisions of Act No. 82 of the Acts of 1935, and Acts amendatory thereof, ex- cept that. nothing in this Bond shall be construed as assuming liability for the purchase price of any major equipment under what is commonly called a Sales Rental Agreement. Unpaid claims for all items as provided in the said Act 82 of the Acts of 1935, and Acts amendatory thereof, excepting the purchase price or sales rental price of all major equipment, shall have a right of action on this Bond, but payments thereon shall be postponed until all claims of the Arkansas State Highway Commission have been paid in full. WITNESS OUR HANDS, this the . __. ---------- day of Western--Surety_Company------------------------- — .CITY OF BATESVILLE - - - -- - SuretyPrincipal IC — - -- 3' --------•------------------------------------- ed out Agent State of Arkansas E (W S I EAL F7r1iled with the Arkansas State Highway Commission for approval this .--_---fl-___-- -- _ day of r ----------------------- 1962----• Z/ f� `; 2M-7-78-It-2•C 8 77-027 t 3-S F2328-1 GI POWER OF ATTORNEY (Irrevocable) Know All Men by These Presents: N° 1971683 R That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed,but may be detached by the approving officer if desired. That Western Surety Company, a corporation, does hereby make, constitute and appoint .Z �74 ,- C t aAs in the City oft State of with limited authority,its true and lawful Attorney(s)in fact with full power and authority hereby conferred, to sign,execute,acknowledge and deliver for and on its behalf as Surety, one of the following bonds. An ORIGINAL bond required by Statute,Decree of Court or Ordinance for: MAXIMUM PENALTY (A) ADMINISTRATOR CONSERVATOR CURATOR EXECUTOR PERSONAL REPRESENTATIVE GUARDIAN TRUSTEE-- (Testamentary Only) SALE OF REAL OR PERSONAL PROPERTY $1,000,000.00 —When this company has qualifying bond or when it is a separate bond for accounting of proceeds of sale only COMMISSIONER TO SELL REAL ESTATE REFEREE IN PARTITION TRUSTEE OR RECEIVER — In Bankruptcy(Excluding Chapter 11) (B) NOTARY PUBLIC PUBLIC OFFICIAL AND DEPUTIES $ 50,000.00 RECEIVER—(In State Court Only) (C) PLAINTIFF'S COURT BOND, except bonds prohibited by"Note" Below $ 10,000.00 (D) COST ON APPEAL ) EXCLUDING OPEN PENALTY, REMOVAL OF CAUSE) STAY,SUPERSEDEAS OR $ 500.00 GUARANTEE OF A JUDGMENT (E) LICENSE PERMIT QUIET TITLE $ 10,000.00 Not including bonds where the state is Obligee, except special fuel users $ 1,000.00 (F) ANY BOND OR INDEMNITY provided there is attached to this Power of Attorney, written authority in the form of an endorsement, letter or telegram, signed by the Chairman of the Board, President, Vice-President, Secretary, Treasurer or Assistant Secretary of Western Surety Company specifically authorizing its execution. NOTE: SUPERSEDEAS, OR OPEN PENALTY OR STAY BONDS ON APPEAL OR GUARANTEE OF JUDGMENT, OR BAIL BONDS OR CONSTRUCTION BID OR CONTRACT BONDS,OR BONDS FOR DEFENDANTS ARE NOT AUTHORIZED BY THIS POWER OF ATTORNEY, except as provided in Section (F). WESTERN SURETY COMPANY further certifies that the following is a true and exact copy of Section 7 of the By-Laws of the Western Surety Company, duly adopted and now in force, to-wit: "Section 7. All bonds, policies, undertakings or other obligations of the corporation shall be executed in the corporate name of the Company by the Chairman of the Board, President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The Chairman of the Board, President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings or other obligations of the corporation." Dated this 1st day of June,1977 ATTESTc: G, xL / WESTERN SURETY COMPANY Assistant Secretary By ;41-- STATE OF SOUTH DAKOTA ) ss President County of Minnehaha J On this 1st day of June,1977, before me,a Notary Public,personally appeared JOE KIRBY,who being by me duly sworn,acknowledged that he signed the above Power of Attorney as President of the said WESTERN SURETY COMPANY and-acknowledged said instrument to be the voluntary act and deed of said corporation. r My commission expires /i ���✓�'�j r � i My Cstii fission Expires 10-1.82 Notary Public,South Dakota 1, the undersigned officer of the western Surety Company, a stock corporationof'the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable.and furthermore,that Section 7 of the By-Laws of the company as set forth in the Power of Attorney,is now in force. I E-L In testimony whereof, I have hereunto set my hand and the seal of the Western Surety Company this * day of f1 aP -(- 119 'FO WESTERN SURETY COMPANY *IMPORTANT: This date must be filled in before it is B attached to the bond and it must be the same date as y D� , the bond. President GO-_O9 SUI'. Y AGENT'S CERTIFICATE TO ACCO- tTY SURETY'S POWER OF ATTORNEY L I� James R. Edwards, Jr. , do hereby .certify that I am the duly appointed and authorized Resident Agent and (Resident Agent) Attorney - in - fact for the WESTERN SURETY COMPANY (Attorney-in-Fact) (Surety Company) of 305n STFMMnNS FREEWAY . DAHASA AS, TEAS (Address) and that the Power of Attorney hereby endorsed is in full force and effect and applies specifically to the Construction Bond of CITY OF BATESVIL LE (Contractor's as Contractor for the construction of Arkansas Name) (Road, Bridge), designated as Job No. 5735 _, as evidence of the above asserted authority to bind my said Principal, the WFSTFRN URFTY COMPANY (Surety Company) of SIOUX FALLS, SOUTH DAKOTA , as Surety on said Bond. SIGNED this 22ND day of FEBRUARY 14 80 WHTTF. RTVFR INSURANCE AGENCY INC By': r, 6-Are'sid,nr J (Title) Surety Seal 9-21-72 ARKANS ATE HIGHWAY AND TRANSPORTATI EPARTMENT SUPPLEMENT TO PROPOSAL C E R T I F I C A T I O N THIS CERTIFICATION SHALL BE COMPLETED BY THE BIDDER AS PART OF THIS PROPOSAL The bidder , proposed subcontractor , hereby certifies that he has 1_, has not , participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that he has L, has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government con- tracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. (Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. ) Job No. (Co pany) FAP No. _ �n (� �� By (W "J Date 7 11 A (Title) NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be sub- mitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt. ) Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the re- quired reports should note that 41 CFR 60.17(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U. S. Department of Labor. L