HomeMy WebLinkAbout99-80 RESOLUTIONRESOLUTION NO.
r 1
0
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CHANGE ORDER IN THE CITY'S STREET
CONSTRUCTION CONTRACT WITH McCLINTON ANCHOR CONSTRUCTION
COMPANY TO PROVIDE FOR THE PAVING OF 7th STREET FROM
CHURCH TO LOCUST.
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 change order in the City's street
paving contract with McClinton Anchor Construction Company
to provide for the paving of 7th Street from Church to Locust.
A copy of the change order authorized for execution hereby
is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this /i,i/ day of SpreAel
1980.
ATTEST:
Lit-WI/Yu 9WittLO,
CITY CLERK
APPROVED:
MAYOR
MICROFILMED
CERTIFICATE Or RECORD
State of Arkansas
City of Fayetteville ( SS
I, Bonnie -Goering, ;;y Cl.;,k a;.d Ex-Offici
recorder for the City of F aycttevi:le, do here-
by certify that the annexed er foregoing
of record in my office and the same ap-
pears in Ordinance el Resolution bool:
at page.' _ Witness cep
hand and seal this /9'1A- dew &'
,�2fs�°'' .II ClaJ 19 c70
U,1.cnC1n. �Qp��Q�
City Clerk and E:;-Offi.i • •
4
/i9El
• leD- a- /1
MICROFILMEO
ACCEPfEDD-- above prices and specifications of this Change Order are satisfactory and
are hereby accepted. All work to be performed under sar e terms and conditions as specified
in original contract unless otherwise stipulated.
Date
'chard Mason, 'rector
H°ME
oLi3o)C5
...
,
,....
Milholland Engineering &Surveying .• ':,
25 East Center Street .. `' •
FAYETTEVILLE, ARKANSAS 72701
Phone 443-4724
TO _
McClinton -Anchor Company
CHANGE ORDER NO -
3 -
ADDRESS
Fayetteville, Arkansas
DATE
9-19-80
PHONE
JOB NAME AND LOCATION. "
7th Street, Fayetteville, Arkansas -
JOB NUMBER -
-
-
Community Development Department :
DATE OF EXISTING CONTRACT
Incorporate into contract with the C -D Department,_City of
FayetEevillerPfoject.Nd 7999_10,__that;portion_of 7th_ -
Street itemized as "Alternate Deduct No. 1" in original.
ect..proposal_a unit lump .sumlisted in
__pro.] -and _prices
said alternate deduct. Alsop construction time shall
__remain the. same as stipulated
tract • (Copy of "Alternate
in_said__proposal_ and con-
Deduct No. 1" attached)..
Note: This revision becomes part of, and in conformance with, the existing contract
WE AGREE hereby to make changes as specified above. at this price
$ •7Gr 93s
oc
a�
/n -
Date �. — iv • .. . -
PREVIOUS
CONTRACT
AMOUNT
$
_
`
\
arr —.r PP--, ..,
REVISED
CONTRACT
TOTAL
$
(
McC1' • qn-Anc
horized gnature)l
or company
ACCEPfEDD-- above prices and specifications of this Change Order are satisfactory and
are hereby accepted. All work to be performed under sar e terms and conditions as specified
in original contract unless otherwise stipulated.
Date
'chard Mason, 'rector
•
•
I1111111111111111111fu Ji 1111110llllllUhIl11111l111111l1111111110lHilll1111l11111111111111111l11111ITU
Community Development Project
No. 7909-10 =_
"STREET & STORM DRAINAGE IMPROVEMENTS"
(7th St" Sherman Ave., & 5th St.) =_
•City of Fayetteville, Arkansas EE
•
•
•
517
MICROFILMED
•
INSURANCE COMPANY OF NORTH AMERICA
PIIILADELPIIIA 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 21st day of May A. D. 19 80
WHEREAS, the said principal is herewith submitting proposal for
PROJ. 7909-10
STREET & DRAINAGE IMPROVEMENTS, EAST 5TH STREET, WEST
7TH STREET AND SHERMAN AVENUE, FAYETTEVILLE, ARKANSAS
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 -WARREN, INC. -,
BY:
egilq&
INSUR y( E COMPANYQ-F NORTH ERIC
�. C=: G�-6C/
East, Jr., Attor-Fact
RS -1946 PRINTED IN US.A.
111
j-(SFNotary Public.
commission expires August 13, 1979
hundersigned, AssistarIl Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that
OWER 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 Secreta »' an affixed the corporate seal
ration, this 21St day of M
{
IIVJUKH[NLC Lt.Jsvlrnn 1 t,r IVVn 111
PHILADEUPHIA, PA.
Know all men by these presents: Thai 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:
(1) 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 thereto; and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident
Assistant Secretaries and Attorneys -in -fart 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. ;,r
•
(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 lo 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 Mlnrneys-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.
(5) 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 PRANKS, all of the City of Little Rock, State of
Arkansas a
, each individually if there be more than one named,
its true and lalvful 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.DBAXv 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..-..•
(SEAL)
INSURANCE COMPANY OF NORTH AMERICA
by C. D.AN.IEL..DRAKE
Vice -President
S1ATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
.. On this 1st day of duly , A. D. 19 7fi before me, a Notary
Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came
G....DANIEL ..DRAKE - 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 ofPhiladelphia,
the day and year first above written. .
MUREEN...$CUEkL
aa-tc 7/75 PtIntrd'-
ssistanl Secretary
Milholland &
205 West Cent
Fayetteville,
Gentlemen:
GENERAL OFFICE 5714550
Associates, Inc.
er
Arkansas 72701
5011 1367. FAYETTEVAEE. ARKANSAS 12701
May 21, 1980
RE: Street & Drainage Improvements
Community Development
City of Fayetteville
Project No. 7909-10
•
Due to the longevity of our company which has been
continuously in business since 1947 and because of our
corporate experience, we make the following statement.
In the past 32 years we have completed approximately
6,500 projects which includes federal, state, city and
private work. Our volume is in excess of 10 million per year.
As to equipment, we have available all necessary equip-
ment for any size ,lob at any time.
As to the laboratory engineers which will service this
job, it will be Northwest Engineers and Laboratory, 505 W. Ash,
Fayetteville, AR, phone 443-4535.
If any further information is required or needed, please
contact our office at P.O. Box 1367, Fayetteville, AR, phone 521-3550.
Sincerely,
•
C.K. j6nes,/Vice President
McCLINTONyANCHOR COMPANY
DiviSlen' of Ashland -Warren, Inc.
CKJ/csh
JX JS#
R. R.L.S. NO. 648
AR. P.E. NO. 3825
OKLA P E NO. 10740
OKLA R L S NO. 1038
1.
2-. 2" Hot mix with 6" SB -2
Aisth:ateds, S.
4vtheerthy andtfunicou:y
205 WEST CENTER
FAVETTEVILLE. ARKANSAS 72701
(501) 443-4724
May 12,'1980
ALTERNATE DEDUCTIONS No. 1 - UNITS ITEMIZED:
Curb and Cutter
LI 90
lis
•
0015dat % renlalgaiI6
AR. R.I.S. NO. 852
MO. R.L.S. NO. 1816
Earthwork Volume: 53
a. Cut
3.0�
b. Fill
•
4. Concrete reinforced drive ramps.
5. Concrete sidewalk
770°
1-V
6. Adjust sanitary sewer manhole
7. Adjust gate valve and box
/Cs op
S,S. 6C
8. Storm sewer:
a. Concrete drop inlets
AY
663-.0o
b. 18" C.M.P.
c. 15" R.C.P.
d. Remove and dispose of 12" R.C.P.
2.o.00
CLEARIFICATION NOTE:
3 0°
Asphalt prime of sub -base shall be incorporated into the bid
12 - .5th Street
12 - -Sherman.Avenue
13-b.:'-:7th;Street_. =:
•
723.7 L.F. 3,)eY-22
1,120.87 s.Y. $,01Y.22
378.0 L_Y. ai ya3 S
743.0 Truck ards Oc
3 ea, cfi .23/.01
1,380.5 S.F. (, 6w.y,
y95:00
3 each
1 each
SS. 00
2 each
43.0 L.F.
16.0 L.F.
13.0 L.F.
/,a10- 00
11 032 . 06
220. ou
(Approx.)
items numbered:
VL)n5 is to ftertifn t0
CERTIFICATE OF INSURANCE
Community Development
City of Fayetteville
Fayetteville, Arkansas
Dept.
72701
that the following described policy or policies, providing insurance only for hazards checked by "X" below, have been issued to:
Name and Address,
of Insured—
McClinton-Anchor Company
P.O. Box 1367
Fayetteville, AR 72701
covering in accordance with the terms thereof, at the following location(s):
TYPE OF POLICY
HAZARDS
POLICY,NUMBER
POLICY PERIOD
LIMITS OF LIABILITY
(a)
Standard Workmen's
Compensation
Employers' Liability
&
RSC—C14840953
•
12-1-79/80 & P.enewals
thereof to
12-1-82
Statutory W. C.
$ 500,000 One Accident and
Aggregate Disease
x
:5
(b)
c
t
General
Premises
"Incidental
on reverse
Elevators
IndependentID
Completed
Contractual,
scribed in
-
Liability
Operations,
Contracts"
of this
Contractors
Operations/Products
(Specific
footnote
•
(Including
as defined
form)
type as de-
below)
X❑
LAB 2 52 16
CAL 22 60 25
12-1-79/80
& Renewals
thereof to
12-1-82
$ Each Person
$ 1,000,000 Each ❑ Accident
Occurrence
•
82,000,000 A ate—Completed
ggreg
'Operations/Products
X
x
x
X
0 Accident
$ 1,000,000 Each ® Occurrence
$ 2,000,000 Aggregate—Prem./Oiler.
$ 2,000,000 Aggregate—Protective
$ 2,000,000 Aggregate—Completed
Operations/Products
$ 2,000,000 Aggregate—Contractual
12-1-79/80
& Renewals
thereof to
12-1-82
•
LAB 2 52 16
CAL 22 60 25
re
g
2
"
o
Q.
Premises Operations, (Including
"Incidental Contracts" as defined
on reverse of this form)
Elevators
Independent Contractors
Completed Operations/Products
Contractual, (Specific type as de-
scribed in footnote below)
X
x
x
x
v3
oz
03
(c)
Automobile
Owned Automobiles
Hired Automobiles
Liability
LAB 2 52 16
CAL 22 60 25
12-1-79/80
&Renewals
thereof to
12-1-82
$ Each Person
000 Each ❑ Accident '.
$ 1,000, ® Occurrence
fi
x
X
Non -owned Automobiles
0 Accident
$ 1,000,000 Each ® Occurrence
LAB 2 52 16
CAL 22 60 25
12-1-79/80
& Renewals
thereof to
12 3 82
X
Owned Automobiles
..).-4)0Il
of Hired Automobiles
ugNon-owned Automobiles
X
(d)
Contractual Footnote: Subject to all the policy terms applicable, specific contractual liability coverage is provided as respects ❑ a contract / ❑ purchase
order agreements / ❑ all contracts (check applicable blocks) between the Insured and:
Name of Other Party'
Dated (if applicable).
Description (or Job). St
Contract No (if any)•
& Drainage Improvements - Project #7909-10
It is the intention of the company that in the event of cancelation of the
policyorpolicies by the company, ten (10) days' written notice of such
ij cancelation will be given to you at the address stated above.
LC -354d
1. ORIGINAL
' (P7ISURANCfc COMPANY OF WEN AMERICA
rl
Authorized Representative
(OVER]
RESOLUTION NO. .;)04-41/6
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT WITH McCLINTON ANCHOR COMPANY
FOR THE CONSTRUCTION OF IMPROVEMENTS TO FIFTH STREET,
SEVENTH STREET, AND SHERMAN AVENUE.
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 the construction of improvements to Fifth Street, Seventh
Street and Sherman Avenue at a total contract price of
$181,772.99. A copy of the contract authorized for execution
hereby is attached hereto, marked Exhibit "A" and made a part
hereof.
PASSED AND APPROVED this d --day of
ATTEST:
APPROVED:
ASSISTANT MAYOR /
,1980.
CERTIFICATE Oirm RECORD
State of Arkansas ( SS
City of Fayetteville
I, 13onnie. Goering, City Clerk and ^«-Offici 1
recorder for the City of Fayatteviiie, do herr,
by certify that the annexed cc f<._c oin,ti
of record in my ofiica and the me
pears in Ordinance C? Resolution busk
(////
..t page itncss r..r;
hand and seal�this7"27419
day r,:
I97
J� .
City Clerk and Ex
•
"STREET AND DRAINAGE IMPROVEMENTS"
For
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF FAYETTEVILLE, ARKANSAS
PROJECT NO. 7909-10
PROJECT LOCATION:
East 5th Street
West 7th Street
Sherman Avenue
COMMUNITY DEVELOPMENT DEPARTMENT
DIRECTOR: Mr. Richard Mason
ADDRESS: 530 North College Avenue
Building "B"
Fayetteville, Arkansas 72701
TELEPHONE: 501-442-6657
MILHOLLAND COMPANY, ENGINEERING AND SURVEYING
ENGINEER: Mr. Melvin L. Milholland, P.E.
ADDRESS: 205 West Center
Fayetteville, Arkansas 72701
TELEPHONE: 501-443-4724
•
TABLE OE CONTENTS
Advertisement for Bide
Information for Bidders
Bid Bond
Bid for Unit Price or Lump Sum Contracts
Certification of Bidder Regarding Equal Employment. Opportunity
Certification by Proposed'Subcontractor Regarding Equal Employment
Opportunity
Certification of Bidcler, Concerning Labor Standards & Prevailing
Wage Requirements
Certification of Proposed Subcontractor Concerning Labor Standards
and Prevailing Wage Requirements
Contract
Bonding and Insurance Requirements (For Recipient Information Only)
Performance & Payment Bond (In Conformance with State Law)
Certificate of Owner's Attorney
General Conditions
Supplemental General Conditions
Form No.
4238-A
4238-B(R)
4238-E
4238-D
4238-C
4238 -CD -1
4238 -CD -2
1412
1422
4238-F
FMC 74-7
(B)
4238-J
4238-S(R)
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 L Part 10
Federal Wage Decision, Minimum Wage Rates
State Wage Determination, Minimum Wage Rates
Technical Specifications
HUD -4232-.. (-
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
•
ADVERTISEMENT FOR BIDS
roject No. 7909-10
City of Fayetteville, Arkansas
--(Owner)
Separate sealed bids for Street and Storm Drainage Improvements for
7634.42 S.Y. of Asphalt Street Surfacing, 6464.9 L.F. Concrete Curb and Gutter,
673.0 L.F. Storm Sewer Pipe, 15 each Drop Inlets and Junction Boxes, and other
miscellaneous work.
will be received by Community Development Director, Richard Mason, at the
office of Community Development, 530 North College, Building "B", Fayetteville, Ar.
until 10 o'clock (A.M.-XXX. . S.T. X D.S.T.) May 21. , 1980 and then at said
office publicly 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 contract
documents may be examined at the following:
Engineer's Office: Milholland Engineering and Surveying, Consulting Engineer
205 West Center
Fayetteville, Arkansas
Copies may be obtained at the officeof the. Engineer .. ..• located at
205 West Center, Fayettevillei Arkansas upon payment of $225.00 for each set. Any
unsuccessful bidder, upon returning such set promptly and in good condition,
will be refunded his payment, 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 sub-
ject 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 45 days after the actual date of the
opening thereof.
•
Date Richard Mason, C -D Director
i
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
•
INFORMATION FOR BIDDERS
1. Receipt and Opening of Bids
The
City of Fayetteville, Arkansas
HUD -4238-8(R)
the "Owner"), invites, bids on the form
(herein called
attached hereto, all blanks of which
must be appropiately filled in. Bids will be received by the Owner at the
office of Community Development Department until 10:00
o'clock A.MXECFK, DST )04WDST May 21 , 19 80 , and then at
said office publicly opened and read aloud.
bids must be sealed, addressed t
The envelopes containing the
o Community Development Dept., City of Fayette -
villeat 530 N. College, Fayetteville, Ar. 72701 and designated as Bid for
"Street & Drainage Improvements"
•
The Owner may consider informal any bid not prepared and submitted in
accordance with the provision 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 45 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
Certification by Bidder Regarding Equal Employment Opportunity, Form HUD -
4238 -CD -1, and Certification by Bidder (Contractor), concerning Labor
Standards and Prevailing Wage Requirements, Form HUD -1421. All blank spaces
for bid prices must be filled in, in ink or typewritten, in both words and
figures, and the foregoing Certifications must be fully completed 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 to the Owner after verification by the HUD Area
Office of the current eligibility status, and,
b. Use submit Form HUD -4238 -CD -2, Certification by Proposed Subcontractor
Regarding Equal Employment Opportunity and Certification by Proposed
Subcontractor Concerning Labor Standards and Prevailing Wage Require-
ments, Form HUD -1422. Approval of the proposed subcontract award can-
not 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 requirements to which it is or
was subject. Although the bidder is not required tq attach such
Certifications by proposed subcontractors to his bid, the bidder is
here advised of this. requirement so that the appropriate action can
be taken to prevent subsequent delay tn'subcontract award's.'
4. Telegraphic Modification
Any bidder may modify his bid by telegraphic communication at any time prior
to the scheduled closing time 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 of 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)g'
Street and Drainage Improvements
43.
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 submittted 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 57. 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 bide, and the remaining cash, checks, or bid bonds will
be returned promptly after the Owner and the accepted bidder have executed
•
•
igoim
the contract, or, if no award has been made within41)days after the date
of the opening of bide, 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 180 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.
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 out the 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 Engineering & Surveying at205 W. Center, Fayetteville, Ar.
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 speci-
fications which, if issued, will be mailed by certified mail with return re-
ceipt 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 material° in connection with this contract,
as specified in the General Conditions 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
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Attention is particularly called to those par.ts.of,,the,contract documents and
specifications which deal with the following,:, I, i, . ; t,
(a)
(b)
(c)
(d)
Inspection and testing of materials.,;., H;.
Insurance requirements.
Wage rates. ,
Stated allowances.
15. Laws and Regulation s
.r.
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 Bidder
If at the time this contract is to be awarded, the lowest base lid submitted
by a responsible bidder does not exceed the 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 deductible 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 in-'
spected 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'ABIDDERS:
18. SAFETY STANDARDS AND.ACCIDENT.PREVENTION
With respect to all work performed„uixder this contract, the contractor shall:
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), and the requirements of Title 29 of the Code of Federal
Regulations, Section 1518 as published in the "Federal Register", Volume
36, No. 75, 'Saturday, April 17, 1971.
11 N..1 .I
,ni 1. ,•i. :1,.. •.i'
2. Exercise every precaution at all times for the prevention of accidents
and the protectionof persons:(including employees) and ptoperty.
3. Maintain at his•office or other well known place at thejob 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 doctorts
care of persons•(including employees), who may be injured on the job site.,
In no case shall employees be permitted t000rk at ajob site before the
employer has made a standing arrangement fop removal, of, injured persons
to a hospital or a doctor's care.
HUD -4238-E
U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (2-66)
(Formerly CFA -238-E)
BID BOND"' •
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
held and firmly bound unto
in the penalsum of
as. Principal, and
as Surety, are hereby
•
as owner
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 , 19' .
The condition of the above obligation is such that whereas the Pringipal has
submitted to a certain Bid,
attached hereto and herehy,madeia part hereof,,to,enter into,a contract in writing,
for the •
. . .
NOW, THEREFOR,
(a)
(b)
If said Bid shall be rejected, or in the alternate,
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 lobor or furnishing materials in connection therewith, and shall in
all other respects perform the 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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•
•
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The Surety, for valuer received, hereby stipulates and agrees that the '
obligations of said Surety and its bond shall 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 be hereto affixed and:these presents to be signed by their proper
officers, the,.day_ and year_ first,.,set.forth above... . - !if
,.,•
(LOS.)
SEAL By:
(Principal)
. .1
Surety)1''' "'
ry
•
•
s.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPM±NT
•
BID FOR UNIT PRICE CONTRACTS
MrCLINTON-ANCHOp Cd.
layh(Vn Of Ashland•Wercen, Inc
Proposal of
r
Place FAtLnnVIGeF_, PAK .'
Date . Mn'( 721, )9S'()
Project No. !909'19 ,
(hereinafter
called "Bidder")* a corporation, organized and existing under the lawn of the:
t 0 >?TIo
State of 1) E L A W A R. ,* a Go. orM an individual doing
Business as '
"`T0:the CML
oMkNirti VeF
l. VELdpMNi � BDEP r (hereinafter called "Owner")
,+Gentlemen.
'The Bidder, in compliance with your. invitation for bids for the construction
• of a SYR_;-irr fit.. r
fid SS7. TN
T_
having examined the plans and specifications with related documents and the site
of the proposed, work, and being familiar with all of the conditions surrounding
the construction of the proposed project including the availability of materials
and labor, hereby proposes to furnish .ail labor, materials, and supplies, and
to construct'the project in' accordance.with the contract documents, within the
time set forth therein, and at the prices stated below. These prices are to
cover all expenses incurred in performing the work required under the contract
documents, of which this proposal.is,.a'part.
Bidder hereby agrees to commence work under this contract on or before a
date to be.specified in written "Notice_ to Proceed" of the Owner and to fully
. complete the project within 180 .' consecutive calendar days thereafter as
stipulated in .the specifications,. :Bidder further agrees to pay as liquidated
damages, the .sun of $ 100.00. ' for each consecutive calendar day
thereafter as hereinafter provided'in Paragraph 19 of the General Conditions.
Bidder -acknowledges receipt*"the: following addendum:
•
n ci . r. cGfcn Ict CRT/ eel" L111/1S10N 22 S/S' g0
Insert corporationpartnership 6* individual as applicable.
,UD -4238D (2-69) Replaces .Hes' CFA-238=Darhich ie. obsolete
k
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