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HomeMy WebLinkAbout61-82 RESOLUTIONRESOLUTION NO. 6 • V. • A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH JERRY D. SWEETSER FOR THE PAVING OF PUMP STATION ROAD AND INDUSTRIAL PLACE IN THE INDUSTRIAL PARK. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSASF That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Jerry D. Sweetser, Inc. for the paving of Pump Station Road and Industrial Place in the Industrial Park. A copy of the Contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 1982. 4a r^ * ATTEST:, f„ 3. ;e CITYc=CLE day of APPROVED: MAYOR 1 • • CONTRACT This Contract executed this101( I day of 1982, between the City of Fayetteville, Arkansas, hereinafter called the City, and Jerry D. Sweetser, Inc., hereinafter called the Contractor. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. The Contractor shall construct a concrete street 31 feet wide on Pump Station Road from Combs Cemetary (end of existing pavement) for a distance of 700 feet to the west and shall construct a concrete road 31 feet wide on Industrial Place from Pump Station Road (beginning at the end of the new construction) for a distance of 900 feet south. The Contractor shall commence work within 30 calendar days from receipt of • • a notice to proceed issued by the City and shall complete construction within 30 calendar days after receipt of said notice to proceed. Time is expressly made of the essence of this contract. In the event construction is not completed within the time prescribed hereby, the Contractor shall pay the City the sum of $100.00 per day as liquidated damages, and not as a penalty, for each day beyond said 30 day period construction is not completed. 2. The Contractor shall provide all equipment, labor, and materials required for the construction of the above- described streets. 3. The City shall pay the Contractor $14.00 per square yard of concrete street constructed by Contractor under the terms of this contract. Said consideration shall be payable to Contractor in. -a lump sum upon completion of the above- described streets and acceptance thereof by the City. 4. The Contract documents which comprise the contract between the City and the Contractor consists of this Contract and the following documents attached hereto and made a part hereof: • • • • - 2 • (a) General provisions of City of Fayetteville bid number 485; (b) Methods of construction (excluding subparagraph (b) Asphalf Paving, for City of Fayetteville bid number 485; (c) Special conditions of City of Fayetteville bid number 485. 5. The Contract documents constitute the entire agreement between the City and the Contractor and may be modified only by a duly executed written instrument signed by the City and the Contractor. 6. The Contractor shall not assign his duties under the terms of this agreement. 7. The Contractor shall at all time maintain in full force and effect the following insurance: (a) Workmen's compensation insurance as required by Arkansas law. (b) Public liability insurance with such company and in'such amounts as are approved by the City. 8. The Contractor agrees to hold the City harmless, and indemnify the City, against any and all claims for property damage, personal injury or death, arising from Contractor's performance of this Contract. IN WITNESS WHEREOF, the parties have executed this Contract on the date first above written. ;Attest: n d /s41 .y City. Attest: /Y1a. nu (14LOJ& Title City of Fayetteville, Arkansas'A �t(/ By: Mayor Jerry Sweetser, Inc. By: BID NO. 485 CITY OF FAYETTEVILLE STREET DEPARTMENT INVITATION TO BID The City of Fayetteville shall accept bids for the construction of streets in the Industrial Park, Fayetteville, Arkansas.. These streets are as follows: a. Pump Station Road: From Combs Cemetary (end of existing pavement) to seven (700') hundred feet west. b. Industrial Place: From Pump Station Road (new construction) to nine (900') hundred feet south (Marshalltown Tool Co.). c. Pump Station Road: From Armstrong Blvd. to 1150 feet east, (R & P Electroplating). This -segment contains a terminal cul-de-sac. This segment shall be considered an additive alternate. GENERAL PROVISIONS 1. These streets shall be constructed under the supervision and field inspections of the Street Superintendent or his designated representative according to the engineering plansand profiles prepared by McClelland Consult- ing Engineers, Inc., and the construction methods specifications contained herein. Copies of theengineering plans may be obtained from the Street Super- intendent. 2. The Street Department shall prepare the sub -grade and sub -base to a plasticity index of ten (10) or less and a proctor density of ninety-five (95%) percent modified. All soil testing costs shall be borne by the Street Depart- ment and shall be a no cost item in this contract. 3. The Street Department shall construct (or have constructed under a separate contract) all storm drainage structures and storm drainage contained in the engineering plans and profiles. The construction of storm drainage structures and storm drainage shall be constructed prior to or in conjunction with other construction. The storm drainage and related structures shall be a no cost item in this contract. • 2 Bid No.485 Invitation to Bid, Cont'd. 4. All backfill, back sloping, clean-up etc. behind the curb and gutter shall be accomplished by the Street Department except for clean-up directly related to the successful cohtractors equipment, materials, etc., and shall be a no cost item in this contract. 5. All street constructed under this contract shall be thirty-one (31') feet wide back to back of curb and gutter. All cul-de-sacs shall have a fifty (50') foot driving surface radius measured from the center of the cul-de-sac to the gutter line. 6. All bidding contractors and sub -contractors shall be licensed and bonded in the State of Arkansas. The successful bidding contractor shall be responsible for any sub -contractors he may employ and shall post a performance bond in the amount of the total bid price to remain in force and effect for six(6) months subsequent to the completion and acceptance of work performed under this contract. 7. After the bid opening and the method of construction and materials to be used in construction are determined the Street Department shall proceed with establishing the sub -grade elevation. The successful bidding contractor shall then be issued a notice to proceed with construction. Construction must commence within thirty (30) calendar days after receipt of this notice. Work shall then commence and continue with the exception of inclement weather. A daily log shall be maintained by the contractor with the following data included: a) date; b) time of day work started; c) temperature at time of work start; d) sky: clear, partly cloudy, cloudy, etc.; e) time dew disappeared; f) preci- pitation within past 24 hours Yes No If yes, state amount measured • • Bid No. 485 Invitation to Bid, Cont'd. at Flight Service Station at Drake Field. All construction under this contract must be completed not later than June 30, 1982. If construction of all of the project is not completed within the time specified (30 calendar days after the notice to proceed is issued) a $100 per day assessment will be deducted from amounts due the contractor. The $100 assessment is in the form of damages recovered and not in the •form of a penalty. METHODS OF CONSTRUCTION 1. One of the following methods of construction and materials to be used in construction shall be selected based upon bid prices and in the best interest of the City. The thickness of materials in both construction methods were determined by using the "AASHTO Interim Guide for Design of Pavement Structures" and "Criteria used by the Arkansas Department of Highways and Transportation," and are considered equivalent in load carrying capacity. Qualified contractors may bid either or both methods of construction as detailed below: a. CONCRETE PAVING: (1) The portland cement concrete used for this construction shall be six (6) bag mix per cubic yard with 600 psi flexure strength and 4,200 psi compressive strength in a twenty-eight (28) day curing cycle. Adequate test cylindars shall be taken to insure this quality. These tests shall be the contractors expense. (2) Concrete paving shall be eight (8) inches thick with integral curb and gutter. The paving shall be performed by a slip form concrete paving machine which has a screed or augers as a means of uniformly laying the slab. The paving shall be accomplished in 15.5 foot widths for a total width of thirty- one (31') feet back to back of curb. 4 Bid No. 485 Invitation to Bid, ContTd. (3) A parabolic crown of 1/4 inch per foot fall from the center line to the gutter line shall be formed in the pavement slab. (4) Joint details shall conform to PCA Publications "Typical Pavement Sections and Jointing Details" and "Joint Design for Concrete Highways and Street Pavements." (5) A longitudinal joint shall be 15.5 feet wide with a formed keyed grove. Transverse joint spacing shall be every fifteen (15) feet. The ,joint depth shall be 1/4 depth of slab thickness and extend through the curb. Joint filler shall be fill depth and extend through the curb. (6) Air entrainment in the mix shall be 5.5 percent plus or minus one (1) percent. (7) White pigmented curing compound applied under pressure at the rate of one (1) gallon to 115 square feet plus or minus five (5) square feet. The curing compound shall be applied immediately after the finish of the surface and before the set of the concrete has taken place. (8) Finish of the concrete: The concrete paver shall be equipped with a burlap or other suitable drag which produces a skid resistant and esthetically pleasing finish. Blemishes shall be removed by a light brooming technique. b. ASPHALT PAVING: The asphalt paving method shall consist of the following materials in the thicknesses and lifts as indicated below: (1) Surface course: Asphalt cement hot mix type two in one (1) two (2) inch thick lift after compaction. (2) Binder course: Asphalt cement binder course in one (1) two (2) inch thick lift after compaction. (3) Black base: Asphalt cement black.base course,in one.(1) four (4) inch thick lift after compaction. 5 Bid No. 485 Invitation to Bid, Cont'.d. (4) SB -2 base: Six (6) inches of SB -2 base after compaction shall be applied in one lift extending one (1) foot in back of the curb and gutter. The grade for the curb and gutter machine shall be adjusted by the contractor installing the SB -2. (5) Prime and Tack Coats: (a) The SB -2 shall be primed at the rate of .25 gallon per square yard with MC -30 asphalt. (b) Each lift or course of asphalt base or binder shall receive a tack coat at the rate of .03 gallon to .10 gallon per square yard. The humidity, temperature and other conditions prevailing at the time of application shall determine the exact rate of application. RC -800 asphalt or an emulsified asphalt shall be used for the tack coats. (c) Section 401 of the Standard Specifications for Highway Constrc- tion, Arkansas State Highway Commission, edition of 1978 shall apply. (6) All compaction of the SB -2 baseand each lift of asphalt cement shall be compacted with an appropriate type roller/compactor of at least eight (8) tons. (7) Curbs & Gutters: If the asphalt method of constructionis chosen then portland cement concrete curb and gutters shall be constructed with a slip form concrete curbing machine. The City already has a concrete curb and gutter contract with Jerry D. Sweetser, Inc. that must be honored in this contract if the asphalt method of construction is chosen. The price of curb and gutters per linear foot under this existing contract is $4.50. However, if a better price can be negotiated with Jerry D. Sweetser, Inc. for this project by the successful asphalt bidder the City will.not..interfere.. The cost of the.curbs and gutters shall be included in the bid price per square yard as contained in the "Methods of Payment" paragraph below. • 5A METHOD OF PAYMENT The method of payment for this contract shall be based on the square yard of street surface involved measured from back of curb to back of curb regardless of the method of construction or materials selected. The total bid price shall ..4(v. • Bid No, 485 Invitation to Bid, Cont'd, be all inclusive of all cost bid in the square yard price. Example: rete�tng. (1) Pump Station Road: 3 id Form wide x 700 times 1T.O° _/ eq re yard) - times (2) /!f o0 • . 31' wide . : . rice per s! _ yard) als • 6 uare ards it 33 753:8-4 egment) 1 d .ric • • 11 sware ards e• als 13 1100.= 0 • segment) (3) Pump Station Road (east end): 31' wide x 1150' long = 3,961.11 square yards times �-!< equals44 5.5, 4/55 54 (bid price per square yard) (total bid price for • this segment) (4) Terminal cul-de-sac on east end of Pump Station Road: A = n x R2 = /q.00 (bid price per square yard) 50.5 x 50.5 x 3.1416 = 890.21 square yards tines equals 41 /oat/16;.91{ (total bid price for the cul-de-sac) b. Asphalt paving. (1) Pump Station Road: 31' wide x 700' long = 2,411.11 square yards times times • equals (bid price per square yard) (total bid price for this segment) (2) Industrial Place: 31' wide x 900 long = 3,100 square yards equals (bid price per square yard) (total bid price for this segment) (3) Pump Station Road (east end): 31' wide x 1150' long = 3,961.11 square yards times equals (bid price per square yard) (total bid price for this segment) (4) Terminal cul-de-sac on east end of Pump Station Road: A = ° x R2 = • 7 • • Bid No. 485 Invitation to Bid, Cont'd. 50.5 x 50.5 x 3.1416 = 890.21 square yards times equals • (total bid price for the cul-de-sac) 7 (bid price per square yard) by BID NO. 485 This Bid submitted this a6 day of APRIL— 1982, c7 iiz y D. S 4./E4- sy R, 1 v c Company Name nI • /Z4 PO Bok 579 730 NmiTN jrnE ek7 / Address 777 GCdotte.a 70? -70 / City, State, Zip Code By 443-1/-6 0/ Phone Number SPECIAL CONDITIONS 1. Civil Rights: The proposed contracts under this Invitation for Bids is subject to Executive Order 11246 of September 23, 1965, and all applicable Federal and State Civil Rightslaws and regulations. Each bidder convenants that he (they) will not, on the grounds of race, color, or national origin, discrimanate or permit discrimination against any person or group of persons in any manner. 2. Equal Employment Opportunity: No person shall be discriminated against on account of race, color, creed, national origin, sex, age, and marital status, or handicap in the hiring, training, promotion, compensation, or any other personnel practice conducted by the contractor in violation of applicable federal laws and regulations. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for employment of minorities. 3. The attached Certification of Bidder regarding Equal Employment Opportunity must be completed and signed and submitted with the bid. 4. A bid Bond in the amount of five (5) percent of the whole bid shall be submitted with the bid. Any bid submitted without this bond will not be accepted. 5. The winning bidder shall submit a one hundred(1OO) percent bond within 15 calendar days after execution of the construction contract. The construction contract shall be executed within 10 calendar days after bid award by the Fayetteville Board of Directors. • • • U. S. DE pari TMErIT CF NOJSnIG AnO DPBAN DE'ELCP'.IE,T CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS Hub-u2;g-CD- (rS5 This certificeticn is required pursuant to Executive Order 11245 (30 F. R. 12315.25). The implementing rules and reculcticns provide that any bidder or prospective contrcctcr, or any of their proposed subccn- troctcrs, shall state as on initial pert of the bid or negotiations of the contract whether it has partici- pated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed cll compliance reports due under applicable instructions. Where the certificeticn indicates that the bidder has not filed o compliance report due under applicable instructions, such bidder shall be required to submit o compliance report within seven calendar days otter bid opening. No contract shall be awarded unless such report is submitted. '"�� ' / /CERTIFICATION BY BIDDER . Bidder's Name: (/ JeR Y D. S tan -77--4-,e t �NC--- Address: Pa Box 577 ad 72 70( 730 /1, LE veer // 1. Bidder has participated in a previous contract or subccntrcct subject to the Equal Opportunity Clause. Yes geNo 0 2. Compliance reports were required to be filed in connection with such contract or subcontract. Ycs [ No 2 3. Bidder os filed all compliance reports due under applicable instructions, including SF -100. Yes No ❑ None Required E 4. If answer to item 3 is " No," please explain in detail on reverse side of this certification. Certification — The information above is true and complete to the best of my knowledge and belief. Paul F' rPunstill, Vice—President NAMC Ara) 11TLE OF SIGNLR IPt(AS( ITPO ///�,//'// ea SIC/r/* URE �jf/i e .�_61f Previous Editions. Obsolete O 0 O 0 fasi AIli�-y.�, l.� TAB THIS THIS CERTIFICATE CERTIFICATE NAME AND ADDRESS OF AGENCY laltSSUED DOES NOT AS A MATTER OF AMEND, EXTEND Eason & Co., Inc. P.O. Box 4217 Fayetteville, AR 72701 STOPS of INFORMAT ON OR ALTER THE • ARROWS ONLY AND COVERAGE CONFERS AFFORDED NO BY 0 • RIGHTS UPON THE POLICIES o a THE CUERTIFICATE LISTED BELOW. COMPANIES AFFORDING COVERAGES HOLDER. COMPANY LETTER A - United States Fidelity & Guaranty COMPANY B LETTER NAME AND ADDRESS OF INSURED Jerry D. Sweetser,.Inc. P.O. Box 579 Fayetteville, AR 72701 COMPANY C LETTER t COMPANY D LETTER COMPANY E LETTER L This is to certify that policies of insurance lis ed below have been issued to the insured named above and are in force at thi time. 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. COMPANY LETTER TY PE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE Limits of Liabil'ty in Thousands (000) EACH OCCURRENCE AGGREGATE A Fr''��[[GENERAL LIABILITY Lr COMPREHENSIVE FORM ❑ PREMISES—OPERATIONS ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD ❑ CONTRACTUAL INSURANCE ❑ BROAD FORM PROPERTY DAMAGE E INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY 1CCE23942' 10/30/82 BODILY INJURY PROPERTY DAMAGE $-500 $ 500 $ $ 300 BODILY INJURY AND PROPERTY DAMAGE COMBINED $ S PERSONAL INJURY E AUTOMOBILE LIABILITY A [?} COMPREHENSIVE FORM ❑ OWNED El -HIRED ❑ NON -OWNED BAP385966 10/30/82 BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) $ $ PROPERTY DAMAGE E BODILY INJURY AND PROPERTY DAMAGE COMBINED $ 1,000 WORKERS' COMPENSATION A and , EMPLOYERS' LIABILITY 3901870814 10/30/82 STATUTORY $100 (UCN ACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. ACORD 25 (1-79) NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Fayetteville, ARP DATE ISSUED. May 7, 1982 AUTHORIZED REPRESENTATIVE EXCESS LIABILITY BODILY INJURY AND .. 1 UMBRELLA FORM PROPERTY DAMAGE $ b ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION A and , EMPLOYERS' LIABILITY 3901870814 10/30/82 STATUTORY $100 (UCN ACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. ACORD 25 (1-79) NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Fayetteville, ARP DATE ISSUED. May 7, 1982 AUTHORIZED REPRESENTATIVE ARROWS • 0 O 0 THIS THIS CERTIFIICA CERTIFICATE NAME AND ADDRESS OF AGENCY Eason & Co., Inc P.O. Box 4217 Fayetteville, AR AS A MATTER OF AMEND, EXTEND 72701 ONLY AND COVERAGE CONFERS AFFORDED THE ERTIFICATE LISTL'D BELOW. COMPANIES AFFORDING COVERAGES ' HOLDER. LETTER COMPANY A United States Fidelity S Gnaran COMPANY O LETTER o0 NAME AND ADDRESS OF INSURED Jerry D. Sweetser P.O. Box 579 Fayetteville, AR , Inc. 72701 COMPANY LETTER V COMPANY D LETTER COMPANY E LETTER This is to certify that policies of insurance lis ed below have been issued to the insured named above and are in force at this time. of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded terms, exclusions and conditions of such policies. - Notwithstanding any requirement; term or condition by the policies described herein Is subject to all the COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE Limits of Liabil ty in Thousands (000) y EACH •OCCURRENCE AGGREGATE GENERAL LIABILITY L3`COMPREHENSIVE FORM ❑ PREMISES -OPERATIONS ' ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD ❑ CONTRACTUAL INSURANCE ❑ BROAD FORM PROPERTY DAMAGE 0 INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY 1CCE23942 4 r10/30/82 BODILY INJURY PROPERTY DAMAGE $500 $500 $ $ 300 BODILY INJURY AND PROPERTY DAMAGE COMBINED $ $ PERSONAL INJURY $ A Lk LIABILITY LX COMPREHENSIVE FORM O OWNED. O HIRED O NON OWNED BAP385966 10/30/82 • BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) $ PROPERTY DAMAGE $ BODILY INJURY AND PROPERTY DAMAGE $ 1, 000 COMBINED WORKERS' COMPENSATION and EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES 3901870814 • 10/30/82 STATUTORY • $100 MAC H ACMDEND Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. ACORD 25 (1-79) NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Fayetteville, AR • DAT ISSUED- May 7, 1982 EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA - COMBINED FORM WORKERS' COMPENSATION and EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES 3901870814 • 10/30/82 STATUTORY • $100 MAC H ACMDEND Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. ACORD 25 (1-79) NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Fayetteville, AR • DAT ISSUED- May 7, 1982 0 mord, 0 THIS THIS CERTIFICA E CERTIFICATE 0 J5 ISSUED DOES NOT AB STOP of i w ARROWS 0 AS A MATTER OF AMEND, EXTEND INFORMATION• OR ALTER TH ONLY AND COVERAGE CONFERS AFFORDED NO BY RIGHTS UPON THE POLICIES 0 THE •CERTIFICATE LISYtD BELOW. HOLDER. 0 NAME AND ADDRESS OF AGENCY Eason & Co., Inc. P.O.Box 4217 Fayetteville, AR 72701 COMPANIES AFFORDING COVERAGES COMPANY LETTER A United States Fidelity 6 Guaran COMPANY B LETTER NAME AND ADDRESS OF INSURED Jerry D. Sweetser, P.O. Box 579 Fayetteville, AR Inc. 72701 COMPANY C. LETTER COMPANY D LETTER COMPANY E LETTER This is to certify that policies of insurance lis ed below have been issued to the insured named above and are in force at thi lime. 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 sublect to all the terms, exclusions and conditions of such policies. COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE Limits of Liabil ty in Thousands (000) EACH OCCURRENCE AGGREGATE A GENERAL LIABILITY jyy J - L_7 COMPREHENSIVE FORM ❑ PREMISES—OPERATIONS ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD ❑ CONTRACTUAL INSURANCE ❑ BROAD FORM PROPERTY DAMAGE ❑ INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY 1CCE23942 10/30/82 BODILY INJURY PROPERTY DAMAGE $500 $500. $ $ 300 BODILY INJURY AND PROPERTY DAMAGE COMBINED $ $ PERSONAL INJURY $ A I AUTOMOBILE LIABILITY U4 COMPREHENSIVE FORM ❑ OWNED ❑ HIRED ❑ NON -OWNED BAP385966 10/30/82 BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) $ $ PROPERTY DAMAGE $ BODILY INJURY AND PROPERTY DAMAGE COMBINED $1,000 WORKERS' COMPENSATION A and EMPLOYERS' LIABILITY 3901870814 10/30/82 STATUTORY 100 ' ((ACM ACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose rio obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Fayetteville, AR ACORD 25 (1-79) DATE ISSUED - 4, May 7, 1982 AUTHORIZED REPRESENTATIVE EXCESS LIABILITY - BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION A and EMPLOYERS' LIABILITY 3901870814 10/30/82 STATUTORY 100 ' ((ACM ACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose rio obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Fayetteville, AR ACORD 25 (1-79) DATE ISSUED - 4, May 7, 1982 AUTHORIZED REPRESENTATIVE Contract 158 (Arkansas) (10-57) 0 Ara Pcga ts'?: fr 'i y: •'.t r::i] Y: '87 Coli 1ci 'At :n141 ai:7 f � :iiltrE lsfi GA'1 `SEi: r1 �Ytii /:�45y?ay7i ,.VSi:�:r/r_':`t J,�;�1ri/e N:,7r .d;l li , t ... c Ai � =�+t: {s A4 , !.1 t. �,�.:.:.:. :.... ..�t ...,,� ... •F,r.,r.•,£1,Q. �.:.7 }y f r 0.1 ,?,1 L: �i:,. m'r,^11"`",..... �!'�.L:.:`'ai�:, :7/I'�` y. •g�... Y"� S� �i.. r.' t l( •, ,...i ' ..,�.. .:: 4/0Eurr,, UNITED STATES Fi®EL` ARANTY COMPANY a89 6N. :j) f (A Stec Company) ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND ,t -41 Jerry D. Sweetser, Inc., Fayetteville, AR We , as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and author'aed t do business in the Stade of Arkkansa Surehereinafter called Surety, are held and firmly bound unto CiL'y O ayettevili$QeAR as Obli ee, hereinafter called Owner, in The amount of Seventy—Seven Thousand One Hundred `} '. Fifty Five and 54/1106..... . ( Dollars ($ 77 r 155.54 j for the payment whereof Principal and Surety bind themselves, their heirs, rte.:. personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated May 7, 1982 entered into a contract with Owner for furnishing all labor and material for the construction of streets in the industrial Park, Fayetteville, AR in accordance with plans and specifications prepared by McClelland Consulting Engineers, Inc. , 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, failing 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 representatives, 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. k. r? ;; 4 - ? t' to this 7th day of May I982 11 J 1 �/% D. Sweatser1 Inc. / r to �� II � r /�� Principal �a ByP%esldei'ii, - — • " a - �-cr fl!ry /UNITED STATES FIDELITY AND GUARANTY COMPANY ''! ` 6 f, DEP,�,� y... �' _'Su4eiy i :.-- g. ;i A. P. son, Jr. Aftomeyln-fact ....: ' _ ti. 6Wlt.....h .L...... .la.e'Vi..<:...Si .. ..i.u'- 11L!5h....\'i...:.�L1.�:i T„r ...R;..[:: Contract 158 (Arkansas) (10-57) 0 Ara CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 81805 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland. and .having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint A. P. Eason, Jr. of the City of Fayetteville , State of its true and lawful attorney in and for the State of Arkansas Arkansas , for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part cf this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said :,µ. at - \r• S. A P Eason, Jr. may awfully do in_the premises by virtue of these presents. A7Jn iritnes'sttGhereo/, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be F Aa sealed :with%its-.`corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 17th day of i��• May , A. D. 19 74 UNITED STATES FIDELITY AND GUARANTY COMPANY. By Charles W. Boone (SEAL) STATE OF MARYLAND, BALTIMORE CITY, 1} 55: (Signed) (Signed) W. G. Ililyard Vice.President. Assistant Secretary. On this 17th day of May , A. D. 1974 , before me personally came Charles W. Boone , Vice•President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and W, G. Hi lyard . Assistant Secretary.of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland; that they, the said Charles W. Boone and W. G. Hi lyard were respectively the Vice.President and the Assistant Secretary of the said UNITED. STATES FIDELITY AND GUARANTY COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney: that they each knew the seal of said corporation: that the seal affixed to said Power of -Attorney was such corporate seal• that it was so fixed by order of the Board of Directors of said corpora. tion, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19...71. (SEAL) (Signed) STATE OF MARYLAND BALTIMORE CITY, 1 Set. Herbert J. Aull Notary Public. 1, Robert H. Rouse , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record. and has a seal, do hereby certify that Herbert J. .Au11 , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland. in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. 1 further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony lrhereo/, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record. this 17th day of May . A. D. 19 7'1 (SEAL) (Signed) Robert H. 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'want :nu NOLL-11053M 30 AdO3 =l(1\1 (11\ Mat (A R 41* ;UNITED STATES FIDEL KNOW ALL MEN BY THESE PRESENTS: THAT pany) ARANTY COMPANY BID BOND BOND NUMBER " ! Jerry D. Sweetser, Inc. of Fayetteville, AR as Principal , and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto City of Fayetteville, AR 4,- as Obligee, in the full and just sum of Five Percent of Bid (5% of bid) Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal for furnishing all labor and material for the constructionof streets in the Industrial Park, Fayetteville, AR in accordance with plans and specifications prepared by McClelland Consulting Engineers, Inc. THE CONDITION DF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and 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 legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered April 26, 1982 (Date) ta'.�i� Secretary Jerry D. Sweetser, Inc. (SEAL) ((!!//��//%%. _i%j Ze.,t ,fit/% (BEAU Presi ent , \yet UNITED STATES FIDELITY AND GUARANTY/7 (SEAU74‘ Neil Danner Atte-it-in-feat;- a >_& i'..' J 3 •. i °:.fit Wit,--':,a'tYYr Contract 11 (Revised) (1-74)