Loading...
ORD NO 22-2018 CITY OF VAN BUREN,ARKANSAS ORDINANCE NOAQ-2018 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE ALLOWING THE MAYOR TO CONTRACT WITH WESTERN MILLWRIGHT SERVICES INC. FOR EXTERIOR PAINT REMOVAL ON THE FIRE DEPARTMENT TRAINING CENTER BUILDING; WAIVING COMPETITIVE BIDDING ; DECLARING AN EMERGENCY;AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren is converting a downtown building into a Fire Department Training Center;and WHEREAS, the exterior paint is in need of removal for the preservation of the building;and WHEREAS, the Fire Department solicited and received two bids for such repairs; and WHEREAS, the recommendation of the Department is for the City to use Western Millwright Services, Inc. a company that also did the paint removal at the Crawford County Courthouse;and WHEREAS, the City Council has determined,pursuant to ARK.CODE ANN. § 14-58-303(b)(2)(B)that exceptional circumstances exist, specifically the on-going nature of this project, which renders the formal competitive bidding process impractical and/or unfeasible;and WHEREAS,a state of emergency exists because the repairs and improvements herein are needed immediately in accordance with the bid deadline, the impending change of weather, and to preserve the property of the city. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION1: The City Council in accordance with the terms of ARK. CODE ANN § 14-58- 303(b)(2)(B),hereby waives the requirement of competitive bidding in this particular case,as such procedure is not deemed feasible or practical,and hereby authorizes and directs the Mayor to contract for the above described improvements. SECTION 2: The Mayor is hereby duly authorized to contract in the amount of$114,480.00 with Western Millwright Services,Inc. as appropriated herein,to be paid out of Act 833 Funds($34,480.00), Fire Department Sales Tax Funds($30,000.00),and Capital Improvement Funds($50,000.00), and to execute all documents,contracts,and agreements necessary to effectuate this Ordinance. SECTION 3: In order to contract repairs hereto,at the amounts herein,it is further found that there is an immediate need and as such an emergency is declared to exist and this ordinance being necessary for the preservation of the public health, safety, and welfare, shall take full effect from and after its passage and approval. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt,by a vote of (Q for and d against,the foregoing Ordinance at its regular meeting held on the 24th day of September 2018. Roe .Freeman Mayor ATTESTED: • ' ' ' g D AS 'A FORM: 7''' , phoig Thomas Candicr�Settle City Clerk/Treasurer City Attorney • Proposal Contractor License# Proposal: CC-07-022-18 0059840419 Date: 07-09-2018 From: Western Millwright Services, Inc. We handle all types of Millwright Services! Insured Office 479-968-6852 * Fax 479-967-9226 Proposal Submitted To Work To Be Performed At Name: Van Buren Fire Dept Street: Street: 2009 Peve House Rd. City: State: City: Van Buren State: AR Date of Plans: Zip: 72956 Architect: Telephone# William Shaft 479-670-3448 William763ncox.net This quote is for the labor and materials to remove exterior paint off of brick by applying peel away product,neutralizing, Rinsing and Pressure Washing with a heated pressure washer and containing the paint and disposal of paint. This price includes all stripping materials,pressure washer,waste fees,and equipment. This price also includes Re-tuck pointing of existing brick on 20%of the building and patching any existing holes. Cost-$114,480.00 All material is guaranteed to be as specified,and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of($114,480.00). With payment to be as follows:Percentage draws until completion. Any alterations or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements are contingent upon strikes,accidents or delays beyond our control. Owner is to carry fire,tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work is to be taken out by Western Millwright Services,Inc. Respectfully Submitted Per Note-This proposal may be withdrawn by us if not accepted within 30 days. ACCEPTANCE OF PROPOSAL The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.Payment will be made as outlined above. Accepted Signature Date Signature MSR MID-CONTINENTAL REsroRATIoN Co.,INc. 1024 N Lansing Ave.,Ste. D,Tulsa,OK 74106 Ph: (918)770-7504 Fax: (918)884-7727 www.midcontinental.com June 15, 2018 City of Van Buren Attn: Tim Arnold, Fire Chief Van Buren, AR RE: Exterior Masonry Repairs Darrell Thomas Bldg. —Van Buren Dear Mr. Arnold: Attached is our proposal for the work to be performed on the Darrell Thomas Building project. Should you have questions regarding the proposal, please feel free to contact me at 800-835-3700. We trust that the enclosed will meet with your approval and that we will have the opportunity of working with you on this project. Respectfully submitted, MID-CONTINENTAL RESTORATION CO., INC. Mike Land Sr. Estimator/ Project Manager Cell: 918-770-7504 mike_land@midcontinental.com M Ukc Encl. Fort Scott,KS ■ Fort Worth,TX ■ North Kansas City.NI()■ Oklahoma City,OK ■ Parkston,SD • Tulsa,OK Corporate Headquarters: 401 E. Hudson St., Fort Scott,BS 66701 (620) 223-3700 Fax(620) 223-5052 www.midcontinental_com MSR MID-CONTINENTAL RESTORATION CO.,INC. 1024 N Lansing Ave.,Ste. D,Tulsa,OK 74106 Ph: (918)770-7504 Fax: (918)884-7727 www.midcontinental.com PROPOSAL/ CONTRACT June 15, 2018 From: Mike Land, Sr. Estimator/ Project Manager, Tulsa, OK Cell: (918) 770-7504 email: mike landftmidcontinental.com To: City of Van Buren, 2009 Tezehouse, Van Buren, AR 72956 Attn: Tim Arnold, Fire Chief, email: 531 @vanburencitv.orq Subject: Exterior Masonry Repairs Job Name: Darrell Thomas Bldg. —222 Main St., Van Buren, AR 72956 BASE BID: EXTERIOR MASONRY REPAIRS (1) MCR shall remove existing paint from exterior masonry as well as possible. We have included one application of Blue Bear 600g1, soy based paint stripper, per the manufacturer's written instructions. The soy gel will be roller applied to the wall and allowed to dwell per mock-ups that achieve the best results. After dwell period, we shall rinse the soy gel utilizing hot, pressurized water. If any paint remains after paint stripping operations, we can spot treat stubborn areas at a rate of$5.00 per SF. Darrell Thomas Bldg—Van Buren Page 2 of 5 (2) All mortar joints shall be carefully inspected and those found to have voids, cracks or openings greater than 1/64th inch in width or those found to be eroded more than 1/4-inch in depth, shall be cut back to a depth of two times the joint width, but in no case deeper than 1-inch, and shall then be cleaned of all loose and foreign debris with air and/or water pressure. (3) Defective mortar joints that have been cut and cleaned shall then be pointed (filled and tightly packed) with a non-staining, non-shrinking, Type "N" masonry pointing mortar, colored and tooled to match the adjacent joints in appearance as closely as possible. Prior to installing the new mortar, the masonry surfaces shall be thoroughly wet, with no standing water (saturated surface dry). (4) A close inspection shall be made of all brick faces, and those found to be spalled or broken shall be cut out and replaced with new brick matching the original in size, color and texture as closely as possible. Bricks shall be set in a fresh bed of mortar, colored and tooled to match the adjacent joints in appearance as closely as possible. This proposal includes replacement of 50 bricks. Additional brick replacement shall be completed on a unit price basis at a rate of$42.00 per brick. (5) MCR shall replace missing sand stone units at foundation where applicable. The existing sand stone units shall be repointed with a Type "N" masonry mortar, as stated above, where required. Replacement stone to be provided by OWNER. (6) The OWNER shall be responsible for the covering of electrical wires and, in case wires cannot be covered, re-routing or shutting down of the electricity for the work to be accomplished. (7) The OWNER shall be responsible for supplying adequate water and electrical circuitries to power contractor's equipment. (8) During the construction phase, all precaution shall be taken to protect any other building surfaces, pedestrians, and automobiles. Mid-Continental follows all OSHA safety regulations in scaffolding and public protection. Upon completion, all surrounding surfaces of the building and premises shall be cleaned and left in an orderly fashion. (9) Mid-Continental Restoration Co., Inc. has been retained to perform defined installation and/or repair work on the building or at the job-site and has not guaranteed the removal or eradication of any mold/fungi/organic pathogens and other airborne contaminants. Mid-Continental Restoration Co., Inc., shall be held harmless from and against any and all claims, suits or damages resulting in anyway whatsoever from mold/fungi/organic/ pathogens or other airborne contaminants, that may be present at the job-site before, during and after Mid-Continental has completed its work pursuant to this contract. (10) For complete insurance coverage, see Exhibit "A" attached hereto. Please review the Terms and Conditions attached hereto and marked Exhibit"A". Darrell Thomas Bldg—Van Buren Page 3 of 5 EXCLUSIONS: • Water and electric shall be provided by OWNER • Street and lane closures /sidewalk permits to be provided by others • Lead paint abatement cost to be provided by others • Shutting down or rerouting of power lines within 10' of the building to be provided by others • Painted metal on the North elevation is excluded from the paint stripping scope of work We shall accomplish the above outlined work for the sum of: ONE HUNDRED FORTY-FIVE THOUSAND DOLLARS $145,000.00 The above price shall be valid for a period of sixty(60) days TO ACCEPT THE BASE BID,PLEASE SIGN BELOW If BASE BID is accepted, please sign here: Mid-Continental Restoration Co., Inc. By: By: Owner/Owner Representative Dated Contractor Dated THE ABOVE PROPOSAL IS ACCEPTED UPON THE TERMS AND CONDITIONS SET FORTH IN EXHIBIT"A" ATTACHED. PLEASE SIGN AND RETURN THE COMPLETE PROPOSAL TO THE HOME OFFICE. OUR COMPANY WILL RETURN A FULLY SIGNED COPY TO YOU FOR YOUR RECORDS. IF DESIRED, YOU MAY EMAIL OR FAX THE PROPOSAL ACCEPTANCE TO THIS OFFICE AT (620) 223-5052. THE EMAILED OR FAXED COPY OF THE SIGNED PROPOSAL WILL BE CONSIDERED A LEGAL BINDING DOCUMENT. ANY APPLICABLE SALES TAX DUE ON THIS CONTRACT IS INCLUDED IN THE CONTRACT PRICE AND WILL BE STATED SEPARATELY ON OUR BILLING(S), UNLESS ALL OR PART OF THE CONTRACT CONTAINS UNIT PRICE OR TIME & MATERIAL WORK. IF UNIT PRICE OR TIME & MATERIAL WORK IS INCLUDED, APPLICABLE STATE AND LOCAL SALES TAX WILL BE ADDED TO THAT PORTION OF THE CONTRACT. THE PROPOSAL SET FORTH HEREIN IS THE RESULT OF THE COMPANY'S INITIAL INSPECTIONS OF THE OWNER'S PROPERTY AND WAS DEVELOPED BASED UPON THE COMPANY'S EXPERIENCE IN THE INDUSTRY AND THE COMPANY'S WORK ON SIMILAR PROJECTS. MID-CONTINENTAL RESTORATION COMPANY, INC. DOES NOT EMPLOY A LICENSED ARCHITECT OR ENGINEER, THEREFORE THE "PROPOSAL" IS NOT AND SHOULD NOT BE CONSIDERED AN "ENGINEER'S REPORT" OR AN "ARCHITECT'S REPORT." AS A RESULT,THE COMPANY HEREBY DISCLAIMS ANY LIABILITY WHATSOEVER THAT MAY RELATE TO THE COMPANY'S ANALYSIS OF THE EXISTING CONDITIONS OF THE OWNER'S BUILDING AND THE COMPANY'S RECOMMENDATIONS FOR REPAIR/REMEDIATION THEREOF. Darrell Thomas Bldg—Van Buren Page 4 of 5 EXHIBIT"A" TERMS&CONDITIONS LIMITED WARRANTY Goods and material installed by Mid-Continental Restoration are the products of reputable manufacturers. Mid-Continental Restoration shall use its best efforts to obtain from each manufacturer's warranty(copies of which will be furnished upon request)or customary practice,the repair or replacement of equipment,goods or material that may prove defective in material or workmanship. The foregoing shall constitute the exclusive remedy of the customer and sole obligation of Mid-Continental Restoration. THERE ARE NO WARRANTIES.WRITTEN.ORAL.IMPLIED OR STATUTORY RELATING TO THE DESCRIBED EQUIPMENT,GOODS OR MATERIAL WHICH EXTEND BEYOND THAT DESCRIBED IN THIS PROPOSAL. THE IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE SHALL NOT APPLY AND IS EXPRESSLY WAIVED. Mid-Continental Restoration warrants its workmanship to be free from defects for a period of one (1) year from the date of completion of installation of the above goods and material. Mid-Continental Restoration's warranty is limited to the materials and equipment which Mid- Continental Restoration or its agents or employees install. No warranty is provided for materials and equipment which Mid-Continental Restoration does not install or provide. The foregoing proposal,subject to these terms and conditions,is submitted for customer's consideration with the understanding that it must be approved by an authorized representative of Mid-Continental Restoration after its acceptance by the customer and is not binding upon Mid- Continental Restoration until so approved in writing and delivered to the customer. When so approved, it shall constitute the entire contract between the parties and no understanding or obligations not herein expressly set forth are binding upon them. Your acceptance of this proposal is expressly limited to the terms contained within this document. Any conditions set forth in the purchase order or in any similar communication shall not be binding nor effective unless assented to in writing by an authorized representative of Mid-Continental Restoration. Any additional terms or conditions, oral or written, express or implied, not contained within this document are not binding or controlling on the parties unless assented to in writing by an authorized representative of Mid-Continental Restoration. Any order or any statement of intent to proceed with installation or any direction to proceed with installation or acceptance of this proposal or payment in full or part for any of the work or equipment furnished shall constitute customer's assent to the terms and conditions of this proposal. EXCLUSIONS FROM LIMITED WARRANTY. The following are not covered by this warranty: Any damage to the extent it is caused or made worse by failure by the Owner, General Contractor or by anyone other than Mid-Continental Restoration, its employees,agents, contractors or subcontractors, to comply with the Warranty requirements of manufacturers of appliances, fixtures and items of equipment,or failure by the Owner to give notice to the Contractor of any defects within a reasonable time. Any damage from the presence of mold or fungus or the creation of conditions that may contribute to the growth of mold or fungus. Mid-Continental Restoration's liability on any claim for loss or damage arising out of this contract or from the performance or breach thereof or connected with the supplying of any labor,equipment,goods or materials hereunder,or their sale,resale,operation or use,whether based on contract, warranty,tort(including negligence)or other grounds,shall not exceed the amount attributable to such labor, equipment, goods or material or part thereof involved in the claim. Mid-Continental Restoration shall not,under any circumstances be liable for any labor or charges without the prior written consent of Mid-Continental Restoration. Mid-Continental Restoration shall not in any event be liable, whether as a result of breach of contract, warranty, tort(including negligence)or other grounds,for special, consequential, incidental or penal damages, including, but not limited to loss of profits,revenues,loss of use of the product or any associated product,cost of capital,cost of substitute products,facilities or services,downtime costs or claims of the Customer for such damages. If Mid-Continental Restoration furnishes Customer with advice or other assistance which concerns any labor, equipment, goods or material furnished hereunder, or any system or equipment in which any of such equipment goods or material may be installed,and which is not required pursuant to this contract,the furnished of such advice or assistance will not subject any service to any liability, whether based on contract,warranty,tort(including negligence or other grounds). If Mid-Continental Restoration encounters asbestos or polychlorinated biphenyl(PCB)on the site, Mid-Continental Restoration shall immediately stop work and report the condition to the owner's representative in writing. Mid-Continental Restoration shall not resume work in the affected area until the asbestos or polychlorinated biphenyl(PBS)has been removed or rendered harmless. Mid-Continental Restoration shall not be required to perform any work relating to asbestos or polychlorinated biphenyl(PCB)without its consent. Any installation dates given in advance are estimated and are subject to prior orders with Mid-Continental Restoration. Mid-Continental Restoration shall not be liable for failure to perform or delay in performance resulting from strikes,accidents,fires,labor difficulties,transportation difficulties,delays in usual sources of supply, major changes in economic conditions, or, without limitations by the foregoing, any cause beyond Mid-Continental Restoration's reasonable control. If on any breach of default by any party hereto in its obligations to any other party hereto,it shall become necessary for the non-defaulting party to employ an attorney to enforce or defend any of its rights or remedies hereunder, the defaulting party agrees to pay the non-defaulting party its reasonable attorneys'fees,whether or not suit is instituted in connection herewith. This agreement plus any attachments and/or addendums (both sides) constitutes the entire agreement between the parties, and no terms or understandings not herein contained shall be valid or binding unless contained in writing signed by both parties. Net cash upon completion of the work,unless this contract extends beyond one month(30 days),in which case Mid-Continental Restoration is to be paid 90%of the work done monthly and the balance upon completion of our work. Those projects extending over 30 days will be invoiced at 30-day intervals. Any accounts 30 days past due will be assessed a finance charge of 1%%per month. Within ten(10)calendar days from commencement of this project,MCR reserves the right to invoice the Owner for all start up costs such as material purchases, equipment purchases and mobilization costs. The invoice for start-up costs will be payable to MCR within fourteen(14)calendar days from the invoice date.In the event time payments are desired,terms shall be included in the specifications and balance due secured by note. Mid-Continental Restoration agrees to provide the following insurance coverage, subject to change without notice to Customer. (1) Worker's Compensation and/or Employer's Liability insurance—State Requirement; (2) Automobile Liability insurance with limits of at least$1,000,000.00 • combined single limit,bodily injury and property damage for injuries to person or persons involved in an accident in connection with this contract; (3) Contractor's Liability, with limits of $1,000,000.00 combined single limit bodily injury and property damage per occurrence, $2,000,000.00 Products/Completed Operations Aggregate; $2,000,000.00 Policy Aggregate and(4) Excess Liability-$5,000,000.00. ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE `------ 6/14/ 7/1/2019 6/14/2018 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(ies)must have ADDITIONAL INSURED provisions or 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 Lockton Companies NAMEACT 444 W.47th Street,Suite 900 PHONE FAX Kansas City MO 64112-1906 (A/C,No): (816)960-9000 E-MAILADDRE ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Old Republic General Ins Corporation 24139 INSURED MID-CONTINENTAL RESTORATION INSURER B: Travelers Property Casualty Co of America 25674 1063933 COMPANY,INC. 401 HUDSON INSURER C: FORT SCOTT KS 66701 INSURER D: INSURER E: INSURER F: COVERAGES * CERTIFICATE NUMBER: 15249374 REVISION NUMBER: XXXXXXX 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY)(MM/DD/YYYYI LIMITS A x COMMERCIAL GENERAL LIABILITY N N A-7CG-136218-00 7/1/2018 7/1/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE n OCCUR PREMISES(Ea RENTED $ 300,000 X CONTRACTUAL ' MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT- n LOC PRODUCTS-COMP/OP AGG $ 2,000,000 _OTHER: A AUTOMOBILE LIABILITY N N A-7CA-136218-00 7/1/2018 7/1/2019 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ )00( X OWNED —SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident;$ XXXXXXX X AUTOS ONLY X AUUTOS ONLY PROPERTY DAMAGE $ XXXXXXX (Per accident) X COMP/COLL $ XXXXV B UMBRELLA LIAB X OCCUR N N ZUP-16N23448-18-NF 7/1/2018 7/1/2019 EACH OCCURRENCE $ 5,000,000 _ B X EXCESS LIAB CLAIMS-MADE (FOLLOW FORM) AGGREGATE $ 5,000,000 DED X RETENTION$10,000 $ XXXXXXX A WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N N A-7(EXCL.MONOPOLISTIC STATES)7/1/2018 7/1/2019 X STATUTE ER — A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N N/A EL EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L DISEASE-EA EMPLOYEE $ 1,000,000 ICRIPTION uOF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) FOR CANCELLATION FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM,THE INSURER(S)WILL SEND 30 DAYS NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER. Exterior Masonry Repairs,Darrell Thomas Building,222 Main St,Van Buren,AR 72956. MCR#01-18-12651. CERTIFICATE HOLDER CANCELLATION . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 15249374 AUTHORIZED REPRESENTATIVE City of Van Buren 2009 Tezehouse Van Buren AR 72956 ACORD 25(2016/03) ©1 8-2015 ACORD CORPORATION.All rights reserved