HomeMy WebLinkAbout80-80 RESOLUTION1
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RESOLUTION NO. J6-37()
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT WITH MCCLINTON ANCHOR COMPANY FOR
IMPROVEMENTS TO SOUTH BLOCK AVENUE AND 13th STREET
UNDER THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS.
That the Mayor and City Clerk are hereby authorized and
directed to execute a contract with McClinton Anchor Company
for improvements to South Block Avenue and 13th Street under
the City's Community Development Block Grant Program. A copy
of the contract authorized for execution hereby is attached
hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this day of
APPROVED:
*-er 7°4
synt,e
TTE Z
t ry
i T A
=4✓J -_ CIT Y:GLERK
444
'cy
1980.
MICROFILMED
CERTIFICATE OF RECORD
State of Arkansas ( SS
City of Fayetteville (
I, Bonnie Goering, City Clerk and Ex -Officio
recorder for the City of Fayetteville, do here-
by certify that the annexed cr foregoing i5
of record in my office and the same ap-
pears in Ordinance et Resolution book
t page Witness my
hand and sea thiss
� --day of
19_10„
City Clerk and Ex -O -f
11f111111III(IIIIhlIIiIIIIIIln1111111Nl11111111
"STREET, DRAINAGE, AND P
IMPROVEMENTS"
COMMUNITY DEVELOPMENT DEPARTMENT
City of Fayetteville, Arkansas
PROJECT NO. 7802 -WP
IUIIIIIIIIIUIIIIIIIIIIIIIIIIIl iIIIUIIUllII IITUIIJIIIiIIIIUIllUIUIN
•
FRED. S. JAMES & CO. OF ARKANSAS, INC. 1220 West Third Street Little Rock, Arkansas 72203 5011376-6651
We,
ARKANSAS STATUTORY PERFORMANCE & PAYMENT BOND -
MCCLINTON—ANCHOR CO. DIVISION OF ASHLAND—WARREN, INC.
as Principal, hereinafter called Principal, and
INSURANCE COMPANY OF NORTH AMERICA
as Surety, hereinafter
called Surety, are held and firmly bound unto
CITY OF FAYETTEVILLE, ARKANSAS
as Obligee, hereinafter called Owner, in the amount of TWO HUNDRED EIGHT THOUSAND NINE
HUNDRED FORTY TWO AND 85/100 Dollars($ 208,942.85 ),
for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives,
successors and assigns, jointly and severally, firmly by these presents.
Principal has by written agreement dated
entered into a contract with Owner for STREET, DRAINAGE & PARKING LOT -IMPROVEMENTS
COMMUNITY DEVELOPMENT PROJECT #78-02—WP, BLOCK AVENUE, 13TH STREET,
AND WALKER PARK PARKING LOT
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
The condition of this obligation is such that If the principal shall faithfully perform the Contract on
his part and shall fully Indemnify and save harmless the Owner from all cost and damage which he
may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and
expense which the Owner may incur in making good any such default, and further, that If the
Principal shall pay all persons all indebtedness for labor or materials furnished or performed under
said contract falling which such persons shall have a direct right of action against the Principal and
Surety jointly and severally under this obligation, subject to the Owner's priority, then this obligation
shall be null and void; otherwise It shall remain In full force and effect.
No suit, action or proceeding shall be brought on this bond outside the State of
Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six
months from the date final payment Is made on the contract, nor shall any suit, action or proceeding
be brought by the Owner after two years from the date on which the final payment under the Contract
falls due.
Any alterations which may be made In the terms of the Contract, or in the work to be done under It,
or the giving by the Owner of any extension of time for the performance of the Contract, or any other
forbearance on the part of either the Owner or the Principal to the other shall not in any way release
the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representa-
tives, successors, or assigns from their liability hereunder, notice to the Surety or Sureties of any
such alteration, extension or forbearance being hereby waived.
In no event shall the aggregate liability of the Surety exceed the sum set out herein.
This bond is given in compliance with act 351 of 1953 as amended.
18th day of
Executed on this
August
19 80
:47 '(�!
let,(�
1-war'C_ +Fj_
MCCLINTON-ANCHOR=.CO_zY:
DIVISION OF ASHLAND -WA
rincip 1
REN: n 5
z.
Y N`7i `1 1:r
"ati .i
JCOMPANY OF. NORTHi.3AM RICA,,
INSURAN
y
Attorney-in-fact
Jack East, Jr.
• eie.iai:11•178
•
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I'
POWER OF ATTORNEY
INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA, PA.
Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA,
a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia,
Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors 'of the said Company
on May 28, 1975, to wit: •
"RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of
bonds, undertakings, recognizances, contracts and other writings in the nature thereof:
(11 That the President, or any Vice -President, Assistant Vice -President, Resident Vice -President or Attorney -in -Fact, may execute fot
and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the
same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the
Company affixed thereto; and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident
Assistant Secretaries and Attorneys -in -Face to so execute or attest to the execution of all such writings on behalf of the Company and
to affix the seal of the Company thereto.
(2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed
by the President and attested by the Secretary.
(31 The signature of the President or a Vice -President and the seal of the Company may be affixed by facsimile on any power of
attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by.
facsimile to any certificate of any such power, and any such power or certificate hearing such facsimile signature and seal shall be valid
and binding on the Company.
(4) Such Resident Officers and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the
Company. and any affidavit or record of the Company necessary to the discharge of their duties. .
15) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on lune 9,
1953."
does hereby nominate, constitute and appoint JACK EAST, JACK EAST, JR. JAMES E. DANIEL,
DONALD R. HENDERSON and JUDY FRANKS, all of the City of Little Rock, State of
Arkansas
, each individually if there be more than one named,
its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed
any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the'
execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully
and amply as if they had been duly executed and acknowledged by the regularly elected officers of the
Company at its principal office.
IN WITNESS WHEREOF, the said C.,..DANIEL.DRAKE , Vice -President,
has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF
NORTH AMERICA this let day of July 19 7fi
INSURANCE COMPANY OF NORTH AMERICA
(SEAL)
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
by CP. DANIEL..DRUZ
Vice -President
On this lac day of JtaY , A. D. 19 76 , before me, a Notary
Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came
C.....DANIEL..D.M , Vice -President of the INSURANCE
COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding
instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the
corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and
direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to
in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia,
the day and year first above written.
19AURZEN SCHELI �y
Pes'u` i Notary:P.blic.
AMERICAdo hereby certify that
w, ii in' full force and effect.
affixecPthekoiporate seal
commission expires Auml1stt 13 11979
undersigned, Assistant Secretary of INSURANCE COMPANY OF NORTH
OWER OF ATTORNEY, of which the foregoing is a full, true and correct
ness whereof, I have hereunto subscribed my name as Assistant Secreta
ation, this day of
II
SEI -IC 7/75 Printed In U.S.A.
r--
ssistant Secretary
t
1
C`lIhis is 1n (Clet-tifn to
INSURANCE COMPANY OF NORTH AMERICA
CERTIFICATE OF INSURANCE
Community Development Department
City of Fayetteville'
Fayetteville, AR 72701
that •the following described policy or policies, providing insurance only for hazards checked by "X" below, have been issued to:
McClinton -Anchor Co.
P.O. Box 1367
Fayetteville, AR 72701
covering in accordance with the terms thereof, at the following location(s):
Name and Address
of Insured—
Contractual Footnote: Subject to all the policy terms applicable, specific contractual liability coverage
order agreements / ❑ all contracts (check applicable blocks) between the Insured and:
s provided as respects ❑ a contract / ❑ purchase
Name of Other Party'
Dated (if applicable): Contract No. (if any)'
Description (or Job). Block Ave., 13th St . , Walker Park Parking Lot
,T1»SURANCN COMPANOF AIORTH AMERICA
` E.
01
It is the intention of the company that in the event of cancelation of the
policy or policies by the company, ten (10) days' written notice of such
cancelation will be given to you at the address stated above.
LC -354d
1. ORIGINAL
A thorized Representative
(OVER)
TYPE OF POLICY
HAZARDS
POLICY NUMBER
POLICY PERIOD
LIMITS OF LIABILITY
(al
Standard Workmen's
12-1-79/80 6 Renewals
Statutory W. C.
Compensation &
x
RSC–C14840953
thereof to
$ 500,000 One Accident and
Employers' Liability
-
12-1-82
Aggregate Disease
(b)
General
Premises
-
Liability
Operations,
(Including
$ Each Person
)
"Incidental Contracts" as defined
X
on reverse of this form)
' Elevators
2
X
LAB 2 52 16
12-1-79/80
$ 1,000,000 Each ❑Accident
El Occurrence
p Independent Contractors
X
& Renewals
oCAL
m Completed Operations/Products
x
22 60 25
thereof to
de-
12-1-82
$ 2,000,000 Aggregate–Completed
Contractual, (Specific type as
scribed in footnote below)
Operations/Products
Premises Operations, (Including
"Incidental Contracts" as defined
a, on reverse of this form)
F
x
❑
$ 1,000,000 Each 0 Accident
2 Occurrence
o` Elevators
X
LAB 2 52 16
12-1-79/80
$ 2,000,000 Aggregate—Prem./Oper.
2 Independent Contractors
& Renewals
$ 2,000,000 Aggregate—Protective
22 60 25
to
$ 2,000,000 Aggregate—Completed
a Completed Operat ions/ProductsCAL
x
thereof
Operations/Products
L
12-1-82'
Contractual, (Specific type as de-
scribed in footnote below)
X
$ 2,000,000 Aggregate—Contractual
(c)
Automobile
Owned Automobiles
Liability
n
LAB 2 52 16
12-1-79/80
$Each Person
09 •Hired Automobiles
& Renewals
❑ Accident
$ 1,000,000 Each
® Occurrence
thereof to
co
x
22 60 25
Non -owned Automobiles
CAL
12-1-82
Owned Automobiles
X
LAB 2 52 16
12-1-79/80
0 Accident
$ 1,000,000 Each
t o
of Hired Automobiles
❑
& Renewals
® Occurrence
noNon-owned Automobiles
X
CAL 22 60 25
thereof to
12 1 82
(d)
Contractual Footnote: Subject to all the policy terms applicable, specific contractual liability coverage
order agreements / ❑ all contracts (check applicable blocks) between the Insured and:
s provided as respects ❑ a contract / ❑ purchase
Name of Other Party'
Dated (if applicable): Contract No. (if any)'
Description (or Job). Block Ave., 13th St . , Walker Park Parking Lot
,T1»SURANCN COMPANOF AIORTH AMERICA
` E.
01
It is the intention of the company that in the event of cancelation of the
policy or policies by the company, ten (10) days' written notice of such
cancelation will be given to you at the address stated above.
LC -354d
1. ORIGINAL
A thorized Representative
(OVER)
•
INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA PENNSYLVANIA
Proposal or Bid Bond
KNOW ALL MEN BY THESE PRESENTS, THAT WE
MCCLINTON—ANCHOR COMPANY, DIVISION OF ASHLAND—WARREN, INC.
as principal, and the INSURANCE COMPANY OF NORTH AMERICA, a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, having its principal place of business at Philadelphia, Pa., as surety, are held
and firmly bound unto
CITY OF FAYETTEVILLE, ARKANSAS
as obligee, in the penal sum of FIVE PER CENT OF AMOUNT BID
DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
SIGNED, sealed and dated this 29th day of July A. D 19 80
WHEREAS, the said principal is herewith submitting proposal for
STREET, DRAINAGE & PARKING LOT IMPROVEMENTS, COMMUNITY DEVELOPMENT
PROJECT #78 -02 -WP, BLOCK AVENUE, 13TH STREET & WALKER PARK PARKING
LOT
' THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the
contract, the said principal will within the period specified Therefor, or, if no period be specified, within ten (10) days
after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this
obligation shall be null and void, otherwise the principal and the surety will pay unto the obligee the difference in money
between the amount of the bid of the said principal and the amount for which the obligee may legally contract with
another party to perform the work if the latter amount be in excess of the former; in no event shall the liability hereunder
exceed the penal sum hereof.
PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any suits at law or proceedings in equity
brought or to be brought against the Surety to recover any claim hereunder must be instituted and service had upon the
Surety within ninety (90) days after the acceptance of said bid of the Principal by the Obligee.
McCLINTON—ANCHOR COMPANY, DIVISION OF
ASHLAND—WARRENS INC. •
SS -1946 PRINTED IN USA.
BY:
)effia.
I URANCE COMPANY OF NORTH AMERICA
S
Attorney -in -Fact
•
•
POWER OF ATTORNEY
•
anti INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA, PA.
Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA,
a corporation of the Commonwealth o Pennsylvania, having its principal office in the City of Philadelphia,
Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors bf the said Company
on May 28, 1975, to wit:
"RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of
bonds, undertakings, recognizences, contracts and other writings in the nature thereof:
111 that the President, or any Vice -President, Assistant Vice -President, Resident Vice -President or Attorney -in -Fact, may execute for
and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the
same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the
Company affixed (hereto; and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident
Assistant Secretaries and Attorneys -in -fact to so execute or attest to the execution of all such writings on behalf of the Company and
lo affix the seal of the Company thereto.
(2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed
• by the President and attested by the Secretary.
(3) The signature of the President or a Vice -President and the seal of the Cornpany may be affixed by facsimile on any power of
attorney granted pursuant to this Resolution, •and the signature of a certifying officer and the seal of the Company may be affixed by,
facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid
and binding on the Company.
(4) 'Such Resident Officers and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the
Company, and any affidavit or record of the Company necessary to the discharge of their duties.
ISI The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9,
1953."
•
does hereby nominate, constitute and appoint JACK EAST, JACK EAST, JR. JAMES E. DANIEL,
DONALD R. HENDERSON and JUDY FRANKS, all of the City of Little Rock, State of
Arkansas
•
, each individually if there"be more than one named,
its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed
any and all bonds. undertakings, recognizances, contracts and other writings in the nature thereof. And the
execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully
and amply as if they had been duly executed and acknowledged by the regularly elected officers of the
Company at its principal office.
IN WITNESS WHEREOF, the said C....DANIEL._DRAKE , Vice -President,
has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF
NORTH AMERICA this lat day of July 19 76
INSURANCE COMPANY OF NORTH AMERICA
!SEAL by.......C.....DANIEL ..DRAKE
STATE Of PENNSYLVANIA
COUNTY OF PHILADELPHIA [ ss.
On this 18.t• day of Joky A. D. 19 76 , before me, a Notary
Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came
CA. ..DANIEL ..DRAKE , Vice -President of the INSURANCE
COMPANY or NORTH AMERICA to me personally known to be the individual and officer who executed the preceding
instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the
corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and
direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to
in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia,
the day and year first above written.
Vice -President
j�rESTA• Jam\ Notary Public.
commission expires August 13 19
7.9 undersigned, Assistant 5ecretar? of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that
al� 11OWER OF ATTORNEY, of which the foregoing' is a full, true and correct is in full force and effect.
tness whereof, I have hereunto subscribed my name as Assistant Secretafy an affixed the corporate seal
ration; this 29th day of r
NAUREEN. _S CIIET�I.
sa It 7n5 Printed In U.S.A.
ssistsnt Secretary
•
..14/0th ' ..//f&iauid
AR. R.L.S. NO. 649
AR. P.E. NO. 3825
OKLA. P.E. NO. 10740
OKLA. R.L.S. NO. 1038
.A.Mo7/a,w< c . Ars soc .e, Ste:
c0izythar/i5 and tkini fyily
205 WEST CENTER
FAYETTEVILLE. ARKANSAS 72701
(501) 4434724
•
•
00u✓r/aSC 5ifli5Ioui.
AR. R.I.S. NO. 852
MO. R.L.S. NO. 1816
July 25, 1980
AMENDMENT TO PLANS & SPECIFICATIONS
For
COMMUNITY DEVELOPMENT DEPARTMENT
PROJECT NO. 780244P
Re: Storm Sewer Secifications
To All Bidders:
All plans and specifications for said project shall be changed and/or
amended to requirethe following specifications for storm drainage pipe:
1. Corrugated metal pipe up thorugh 2411 shall be 16 ga. under
streets and 18 ga. other places.
2. Corrugated metal pipe over 2411 shall be 14 ga. under streets
and 16 ga. other places.
3. All corrugated metal pipe shall be asphalt (bituminous) coated.
•
/� t C, �) `%/i
Melvin L. Milholland, P.E.
Project Engineer
cc: Mr. Richard Mason, Director
C -D Department
MLM/cdw
•
•
•
Akkih..r J1d404601
AR. R.L.S. NO. 648
AR. P.E. NO. 3825
OKLA P E NO. 10740
OKLA. R.L.S. NO. 1038
Number Two
Re:
✓11i/luo/111/1 / 8c ✓tsrrialrs,�icG
viyarec wy and JwvJ Jii/9
205 WEST CENTER
FAYETTEVILLE. ARKANSAS 72701
(501) 443-4724
July 28, 1980
AMENDMENT TO SPECIFICATIONS
For
COMMUNITY DEVELOPMENT DEPARTMENT
PROJECT NO. 7802 -WP
"ALTERNATE PROPOSALS" Summary Page and
"SUMMARY OF BID" Page
•
:ogyhJ 47 malwW
AR. R.I.S. NO. 852
MO. R.L.S. NO. 1816
To All Bidders:
All specifications for said project shall be changed and/or amended on
said pages as follows:
ALTERNATE PROPOSALS - (Paragraph 4)
"The bidder agrees that this bid shall be good and may not be
withdrawn for a period of 30 calendar days after the scheduled
closing time for receiving bids."
SUMMARY OF BID - (Paragraph 3)
"The bidder agrees that this bid shall be good and may not be
withdrawn for a period of 30 calendar days after the scheduled
closing time for receiving bide."
•
Melvin L. Milholland, P.E.
Project Engineer
cc:
Mr. Richard Mason, Director
C -D Department
MLM/cdw
•
•
itaiwz1
AR. R:L.S. NO. 648
AR. P.E. NO. 3825
OKLA. P.E. NO. 10740
OKLA. R.L.S. NO. 1038
✓iitizo// nd (Co Assockutee, ?& '.
&ytureew y andjiww ij»y
205 WEST CENTER
FAYETTEVILLE. ARKANSAS 72701
(501) 443-4724
July 28, 1980
ADDENDUM NO. 1 TO SPECIFICATIONS
For
COMMUNITY DEVELOPMENT DEPARTMENT
PROJECT NO..7802-WP
Mmol
Re: 'Page 10 "Bid For Unit Price Contracts"
•
•
Qouy/ae' ✓ %fila y
AR. R.L.S. NO. 852
MO. R.L.S. NO. 1816
To All Bidders:
All specifications for said project shall have the following amounts
added and/or addended to the described sentences:
•
"in
the
written "Notice to Proceed" of the Owner and to fully complete
project within 180 consecutive calendar days thereafter..."
"Bidder further agrees to pay as liquidated damages, the sum of
$ 100.00 for each consecutive calendar day thereafter..."
cc: Mr. Richard Mason, Director
C -D Department
•
MLM/cdw
•
Kelvin L. Milholland, P.E.
Project Engineer
•
•
•
•
"STREET, DRAINAGE, AND PARKING LOT IMPROVEMENTS"
For
COMMUNITY. DEVELOPMENT DEPARTMENT
CITY OF.FAYETTEVILLE, ARKANSAS
PROJECT NO. 7802 -WP
•
PROJECT LOCATION:
Block Avenue
13th Street
"Walker Park" Parking Lot
COMMUNITY DEVELOPMENT DEPARTMENT
DIRECTOR: Mr. Richard Mason.
ADDRESS: P.O. Drawer "F"
530 North College Avenue
Building "B"
Fayetteville, Arkansas 72701
TELEPHONE: 501-442-6657
MILHOLLAND ENGINEERING AND SURVEYING COMPANY
ENGINEER: Mr'. Melvin L. Milholland, P.E.
ADDRESS: 205 West Center Street
Fayetteville, Arkansas 72701
TELEPHONE: 501-443-4724
•
•
T A BLE OF CON T' E N TS
L.
Form No.
Advertisement for Bids 4238-A
Information for Bidders 4238-8(R)
Bid Bond 4238-E
Bid for Unit Price or Lump Sum Contracts 4238-D
4238-C
Certification of Bidder Regarding Equal Employment Opportunity 4238 -CD -1
Certification by Proposed Subcontractor Regarding Equal Employment
Opportunity
•
Certification of Bidder Concerning Labor Standards & Prevailing
Wage Requirements
Certification of Proposed Subcontractor Concerning Labor Standards
and Prevailing Wage Requirements
4238 -CD -2
1412
1422
Contract 4238-F
Bonding and Insurance Requirements (For Recipient Information Only) FMC 74-7
(B)
Performance & Payment Bond (In Conformance with State Law)
Certificate of Owner's Attorney 4238-J
General Conditions 4238-S(R)
Supplemental General Conditions 4238-N(R)
Supplemental General Conditions - Special Equal Opportunity Provisions --Part 8
Supplemental General Conditions - Certification of Compliance with Air
and Water Acts Part 9
Supplemental General Conditions - Special Conditions Pertaining to
Hazards Part 10
Federal Wage Decision, Minimum Wage Rates
State Wage Determination, Minimum Wage Rates
Technical Specifications
F
U.S. DEPARINENI' OF HOUSING AND URBAN DEVELOPMENT •
ADVERTISEMENT FOR BIDS
IltD-4238-A
(5-6G)
Project No. 7802 -WP
City of Fayetteville, Arkansas
(Owner)
Separate sealed bids for Street Drainage, & Parking Lot Improvements for
City of Fayettcville,_Arkansas
will be received by Community Development Department, City of Fayetteville, Ar.
at the office of Cpmmunity Development Department, 530 N. Collue, Fayetteville
until 10:00 o'clock A.M. D.S.T., July 30, 1980, and then at said office pub-
licly opened and read aloud.
The Information for Bidders, Form of Bid, Form of Contract, Plans, Speci-
fications, and Forms of Bid Bond, Performance and Payment Bond, and other con-
tract documents may be examined at the following:
Milholland Engineering and Surveying Compeny, 205 West Center Street,
Fayetteville, Arkansas.
•
Copies may be obtained at the office of Milholland Engineering &.Surveyin8
located at 205 West Center Street, Fayetteville, Arkansas upon payment of $30.00
for each set. Any unsuccessful bidder, upon returning such set
promptly and in good condition, will be refunded $00.00 , and any non -bidder
upon so returning such a set will be refunded $00.00
The Owner reserves the right to waive any informalities or to reject any
or all bids.
Each bidder must deposit with his bid, security in the amount, form and
subject to the conditions provided in the Information for Bidders.
Attention of bidders is particularly called to the requirements as to con-
ditions of employment to, be observed and minimum wage rates to be paid under
.the contract.
No bidder may withdraw his bid within 30 days after the actual date of
the opening thereof.
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(Richard Mason, C -D Director)
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U.S. DEPARiM7•:N'I' OF IIOUSJN'I ANI) URIAN DEVELOPMENT
HUD -4238-11(R)
INFORMATION FOR BIDDERS
1. Receipt and Opening of Bids
The
City of Fayetteville, Arkansas
(herein called
the "Owner"), invites bids on the form attached hereto, all blanks of which
must be appropriately filled in. Bids will be received by the Owner at the
office of Community Development Department until 10:00
o'clock (A.M. er,7ugy )OQWQ4D.S.T.) July 30 ,1980 , and then at said
office publicly opened and read aloud. The
be sealed, addressed to Mr. Richard Mason,
(530 N. College, Fayetteville)
at P.O. Drawer "F," Fayetteville, Arkansas
envelopes containing the bids must
Director, Community Development Dept,
72701 and designated as Bid for
"Streeti,Drainage, & Parking Lot Improvements"
The Owner may consider informal any bid not prepared and submitted in accord-
ance with the provisions hereof and may waive any informalities or reject any
and all bids. Any bid may be withdrawn prior to the above scheduled time for
the opening of bids or authorized postponement thereof. Any bid received after
the time and date specified shall not be considered. No bidder may withdraw a
bid within 30 days after the actual date of the opening thereof.
2. Preparation of Bid
Each bid must be submitted on the prescribed form and accompanied by Cert-
ification by Bidder Regarding Equal Employment Opportunity. Form HUD -4238 -CD -1.
All blank spaces for bid prices must be filled in, in ink or typewritten, in
both words and figures, and the foregoing Certification must be fully com-
pleted and executed when submitted.
Each bid must be submitted in a sealed envelope bearing on the outside the
name of the bidder, his address, and the name of the project for which the
bid is submitted. If forwarded by mail, the sealed envelope containing the
bid must be enclosed in another envelope addressed as specified in the bid form.
3. Subcontracts
The bidder is specifically advised that any person, firm, or other party to
whom it is proposed to award a subcontract under this contract --
a. Must be acceptable Lo the Owner after verification by the IIUD Area
Office of the current eligibility status, and,
b. Must submit Form HUD -4238 -CD -2, Certification by Proposed Subcon-
tractor Regarding Equal Employment Opportunity.
Approval of the proposed subcontract award cannot be given by the Owner unless
and until the proposed subcontractor has submitted the Certifications and/or
other evidence showing that it has fully complied with any reporting require-
ments to which it is or was subject.
IF
Telegraphic Modification
Any bidder may modify his bid by telegraphic communication at any time prior
to the scheduled closing Lime for receipt of bids, provided such telegraphic
communication is received by the Owner prior to the closing time, and,
provided further, the Owner is satisfied that a written confirmation fo the
telegraphic modification over the signature of the bidder was mailed prior
to the closing time. The telegraphic communication should not reveal the bid
price but should provide the addition or subtraction or other modification
so that the final prices or terms will not be known by the Owner until the
sealed bid is opened. If written confirmation is not received within two
days from the closing time, no consideration will be given to the telegraphic
modification.
5. Method of Bidding
The Owner invites the following bid(s):
"Street, Drainage, and Parking Lot Improvements"
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6. Qualifications of Bidder
The Owner may make such investigations as he deems necessary to determine the
ability of the bidder to perform the work, and the bidder shall furnish to
the Owner all such information and data for this purpose as the Owner may request.
The Owner reserves 'the right to reject any bid if the evidence submitted by,
or investigation of, such bidder fails to satisfy the Owner that such bidder
is properly qualified to carry out the obligations of the contract and to
complete the work contemplated therein. Conditional bids will not be accepted.
7. Bid Security
Each bid must be accompanied by cash, certified check of the bidder, or a bid
bond prepared on the form of bid bond attached hereto, duly executed by the
bidder as principal and having as surety thereon a surety company approved by
the Owner, in the amount of 5% of the bid. Such cash, checks or bid bonds
will be returned to all except the three lowest bidders within three days
after the opening of bids, and the remaining cash, checks, or bid bonds will
be returned promptly after the Owner and the accepted bidder have executed
the contract, or, if no award has been made within 30 days after the date
of the opening of bids, upon demand of the bidder at any time thereafter
so long as he has not been notified of the acceptance of his bid.
8. Liquidated Damages for Failure to Enter into Contract
The successful bidder, upon his failure or refusal to execute and deliver the
contract and bonds required within 10 days after he has received notice of the
acceptance of his bid, shall forfeit to the Owner, as liquidated damages for
such failure or refusal, the security deposited with his bid.
9. Time of Completion and Liquidated Damages
Bidder must agree to commence work on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project
within 780 consecutive calendar days thereafter. Bidder must agree also
to pay as liquidated damages, the sum of $ 100.00 for each
consecutive calendar day thereafter as hereinafter provided in the General
Conditions.
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10. Conditions of Work
Each bidder must inform himself fully of the conditions relating to the con-
struction of the project and the employment of labor thereon. Failure to do
so will not relieve a -successful bidder of his obligation to,furnish all
material and labor necessary to carry outthe provisions of his contract.
Insofar as possible the.contractor, in carrying out his work, must employ
such methods or means as will not cause any interruption of or interference
with the work of any other contractor.
11. Addenda and Interpretations
No interpretation of the meaning of the plans, -specifications or other pre-
bid documents will be made to any bidder orally.
Every request for such interpretation should be in writing addressed to
Milholland Engr.. & Surv. Co. at 205 W. Center, Fayetteville, Ar. 72701
and to be given consideration must be received at least five days prior to the
date fixed for the opening of bids. Any and all such interpretations and any
supplemental instructions will be in the form of written addenda to the
specifications which, if issued, will be mailed by certified mail with return
receipt requested to all prospective bidders (at the respective addresses fur-
nished for such purposes), not later than three days prior to the date fixed
for the opening of bids. Failure of any bidder to receive any such addendum
or interpretation shall not relieve such bidder from any obligation under his
bid as submitted. All addenda so issued shall become part of the contract
documents.
12. Security for Faithful Performance
Simultaneously with his delivery of the executed contract, the Contractor shall
furnish a surety bond or bonds as security for faithful performance of this
contract and for the payment of all persons performing. labor on the project
under this contract and furnishing materials in connection with this contract,
as specified in the Gerneral Conditione,included herein. The surety on such
bond or bonds shall be a duly authorized surety company satisfactory to the
Owner.
13. Power of Attorney
Attorneys -in -fact who sign bid bonds or contract bonds must file with each
bond a certified and effectively dated copy of their power of attorney..
14. Notice of Special Conditions
Attention is particularly called to those parts of the contract documents and
specifications which deal -with the following:
(a)
'(b)
(c)
(d)
Inspection and testing of materials.
Insurance requirements.
Wage rates.
Stated allowances.
15. Laws and Regulations
The bidder's attention is directed to the fact that all applicable State laws,
municipal ordinances, and the rules and regulations of all authorities having
jurisdiction over construction of the project shall apply to the contract
throughout, and they will be deemed to be included in the contract the same
as though herein written out in full.
16. Method of Award - Lowest Qualified Ridder
If at the time this contract 18 Lo be awarded, the lowest base bid submitted
by a responsible bidder docs not exceed Lite amount of funds then estimated by
the Owner as available to finance the contract, the contract will be awarded
on the base bid only. If such bid exceeds such amount, the Owner may reject
all bids or may award the contract on the base bid combined with such deducti-
ble alternates applied in numerical order in which they are listed in the Form
of Bid, as produces a net amount which is within the available funds.
17. Obligation of Bidder
At the time of the opening of bids each bidder will be presumed to have
inspected the site and to have read and to be thoroughly familiar with the
plans and contract documents (including all addenda). The failure or
omission of any bidder to examine any form, instrument or document shall
in no way relieve .any bidder from any obligation in respect of his bid.
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Supplement to Form HUD-4238-B(R)
INFORMATION FOR BIDDERS
18. SAFETY STANDARDS AND ACCIDENT PREVENTION
With respect to all work performed under this contract, the contractor
shall:
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1. Comply with the safety standards provisions of applicable laws,
building and construction codes and the "Manual of Accident Prevention in
Construction" published by the Associated General Contractors of America,
the requirements of the Occupational Safety and health Act of 1970 (Public
Law 91-596).
2. Exercise every precaution at all times for the prevention of accidents
and the protection of persons (including employees) and property.
3. Maintain at his office or other well known place at the job site, all
articles necessary for giving first aid to the injured, and shall make
standing arrangements for the immediate removal to a hospital or a doctor's
care of persons (including employees), who may be injured on the job site.
In no case shall employees be permitted to work at a job site before the
employer has made a standing arrangement for removal of injured persons to
a hospital or a doctor's care.
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111111-i,j 1:{-1.
U.S DEBAI{TNIEN'1' OF IIOIISiNC AND URBAN DEVIiLOI'NENT (2_hG)
(Formerly CFA -238-E)
B1D BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal, and
as Surety, are hereby
held and firmly bound unto as owner
in the penal sum of
for the payment of which, well and truly to be made, we hereby jointly and sever-
ally bind ourselves, our heirs, executors, administrators, successors and assigns.
Signed, this day of
The condition of the above obligation is such that whereas the Pringipal has
submitted to a certain Bid,
attached hereto and hereby made a part hereof to enter into a contract in writing,
for the
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NOW, THEREFOR,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver
a contract in the Form of Contract attached hereto (properly completed
in accordance with said Bid) and shall furnish a bond for his faithful
performance of said contract, and for the payment of all persons perform-
ing labor or furnishing materials in connection therewith, and shall in
all other respects perform ttie agreement created by the acceptance of
said Bid,
then this obligation shall be void, otherwise the same shall remain in force and
effect; it being expressly understood and agreed that the liability of the Surety
for any and all claims hereunder shall, in no event, exceed the penal amount of
this obligation as herein stated.
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The Surety, for value received, Hereby stipulates and agrees that the
obligations of said Surety and its bond shill be in no way impaired or affected
by any extension of .the time within which the Owner may accept such Bid; and
said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their
hands and seals, and such of them as are corporations have caused their corporate
seals to Le hereto affixed and these presents to be signed by their proper
officers, the day and year first set forth above.
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SEAL By:
(Principal)
(Surety)
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