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Home My WebLink About31-89 RESOLUTIONr RESOLUTION NO. 31-89 L A RESOLUTION APPROVING A BUDGET ADJUSTMENT TO TRANSFER $200,000 FROM SLUDGE MANAGEMENT PROJECT RETAINAGE FUNDS AND THE SLUDGE SITE CONSTRUCTION ACCOUNT TO A CONTINGENCY FUND TO PROVIDE FOR COMPLETION ' OF THE SLUDGE MANAGEMENT SYSTEM. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Board of Directors hereby approves the budget adjustment reflected in Exhibit "A" attached hereto and made a part hereof. PASSED AND APPROVED this 4th day of April ATTEST r By: APPROVED By: i Mayor / l , 1989. ■ Y_Ers„ HUD -4238-F 1 1 1 1 r 1 1 1 1 1 1 1 (6-66) MICROFILMED CONTRACT'rr__ THIS AGREEMENT, made this IQ -Tr_! day of (� (1/ , 19FV3, by and between c; v o Faye+fev Ile (Corporate Name of Owner) "Owner,".: acting herein through its _ ferry D. G EIA/PPsPrt� STRIKE (a corporation) INAPPLICABLE (ApLOVEIAWOOdisi)blieta0 TERMS and , herein called (Title of Authorized Official) of /-alye7"kV i (le , County of 0/6,4/7/1/1 lion, and State of Ark apcas , hereinafter called "Contractor." WITNESSETH: that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction describedias follows: r hereinafter called the PROJECT, for the sum of £/ `j� one Thousah�d 7uoo 4undred Ten cod no/oo Dollars ($ g 1) 210, 4n y ) and all extra'workin connection therewith, under the terms as stated in the General and Supplemental Provisions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, 'superintendence, labor, insurance, and other accessories and services necessary to complete the said Project in accordance with the conditions and prices stated in the Proposal, General Provisions, and Supplemental Specifications of the Contract; the plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof; the specifications and Contract Documents therefore as prepared by Milholland Company, Engineering & Surveying, herein entitled the Engineer, all of which are made a part hereof and collectively evidence and constitute the contract. The Contractor hereby agrees to commence work under this Contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the Project within 60 consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $ 25 O.00for each consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. 1 1 1 1 1 i f The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the Contract, subject to additions and deductions, as provided in this Contract, and to make payment on account thereof as provided in Paragraph 25, "Payments to Contractor," of the General Conditions. IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shall be deemed an original, on the day and year first above mentioned. (SEAL) Attest: (SEAL) Attest ••. - d Secre 0-71y of f-ayeitem"le Owner By %-in(10.4iLine-) lied4A4-4 Tie 1 l3 114ouh Sao ro P. i/e��-�viIle , 4k 7270/ Business Address and ZIP Code Serry D. Sweefser, Inc. Contractor OLDS) By AaRpu J1/4.SwEuJste Witness u "L'IrL f tict (Print o atiy`penames underneath all signatures) CScJ t_tt e t. Title 5q0 lai. Poplar GI. raVe-I•-i�elf ille, AR 72 703 Busi ess Address and ZIP Code NOTE: Secretary of the Owner should attest. If Contractor is a Secretary should attest. corporation, U ., I ord®1 PRODUCER Eason & Co., Inc. P.O. Box 4217 !Fayetteville, AR 72702 Il I INSURED - Jerry D. Swcctser, Inc. 1590 Poplar 11Fayetteville, AR 72701 0 i - • ,erJ1:►:xe*i 0 fl 0 ISSUE DATE (MM/DD/YY) 7/13/88 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER United COMPANY B LETTER COMPANY LETTER COMPANY LETTER C D COMPANY E LETTER States Fidelity & Guaranty Co. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- 1 TIONS OF SUCH POLICIES. i .I CO TYPE OF INSURANCE LTR IGENERAL LIABILITY A X COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS • CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY OAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY ' A X ANY AUTO I --ALL OWNED AUTOS (PRIV. PASS.) ALL OWNED AUTOS !OTHER TASS. HAN l PRIV. P 1 NON -OWNED AUTOS GARAGE LIABILITY EXCESS UABILITY IA X UMBRELLA FORM OTHER THAN UMBRELLA FORM 111 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER I A OCP 1IIIDESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS 1 POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIOOM) DATE (MWDONYI 1CP0789582420 10/30/87, 10/30/88 1CP0789582420 1CP0789582420 3902852879 Binder 'City of Fayetteville 11111147. 113 W. Mountain Fayetteville, AR- 72701 1 10/30/87 10/30/88. 10/30/87 10/30/88 10/30/87 10/30/88 7/11/88 8/11/88 INdD[y111V3iUl.1 LIABILITY LIMITS IN THOUSANDS BODILY INJURY PROPERTY DAMAGE OCCURRE EACH NCE AGGREGATE $.1,000 $1,000 4 $ 1,000 $1,000 BI 8 PD COMBINED $ PERSONAL INJURY $ BOON NIR (PBT PEASONl BODILY NARY (PER AMMENR $1,000 $1.000 PROPERTY DAMAGE.•. $ 1, 000 131 8 PD COMBINED $ COMBED $ 2,000 `$2,000 STATUTORY 1$ 100 (EACH ACCIDENT) $ 500- (DISEASE -POLICY LIMIT)$ 100 -(DISEASE-EACH EMPLOYEE) $100/500 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATIDN DATE THEREOF, THE ISSUING COMPANY WILLx jj{ MAIL JD DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE • LEFT. 4.64CO<'.4CO9'OOTeOGGO•4-i.asgater•'Y.. Tp•' n�i..{�-43}J•OOYA*Y6***O tea •• .}�i•es**I'!!(h.*i AUTHORIZED EPR / SEN -Bob Davis IIRIACORD Q:'Q' • 9.'1984 vatiutigKEEI PRODUCER Eason & Co., Inc. PO. Box 4217 Fayetteville; AR 72702 INSURED Jerry D. Sweetser, Inc. 590,Poplar Fayetteville, AR 72701 li agagA0441 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REOUIREMENT, 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 CONDI- TIONS OF SUCH POLICIES. v 0 0 11: SSUE DATE (MM/DD/YY) 7/13/88 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY LETTER COMPANY LETTER . COMPANIES AFFORDING COVERAGE A United States Fidelity & Guaranty Co. B CLE TERNV C COMPANY LETTER D COMPANY E LETTER CO TYPE OF INSURANCE 1LTR GENERAL LIABILITY A X COMPREHENSIVE FORM PREMISES/OPERATIONS _ UNDERGROUND _ EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY A x ANY AUTO - A• LL OWNED AUTOS (PRN. PASS.) - A• LL OWNED AUTOSOTRNHE.R TH) PASANS.J P HIRED AUTOS - N• ON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY ' AIC UOTHMBER RELLA FORM THAN UMBRELLA FORM A WORKERS' COMPENSATION 3902852879 - AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (AVDD/YY) DATE (MMNO/WI 1CP0789582420 10/30/87 10/30/88 1CP0789582420 3902852879 1A OCP ' DESCRIPTION OF OPERATIONSJLOCATIONSNEHICLES/SPECIAL ITEMS Binder 1 Milholland Engineering 205 W. Center Fayetteville, AR 72701 1 10/30/87 10/30/88 10/30/87 LIABILITY LIMITS IN THOUSANDS EACH OCCURRENCE • BODILY INJURY $),ofIn PROPERTY DAMAGE $ 1 noo r • B IS PD COMBINED $ r AGGREGATE PERSONAL INJURY $ EODLY INERT (HR FEIEDHI BILLY Bum PER AMER PROPERIL DAMAGE' B IS PD COMBINED $1,onn $1,000 $1,000 $ 10/30/88 COMB ED $2,000 g2, 000 10/30/87 - 10/30/88 STATUTORY 1$ 100 $ 500 $ 100 7/11/88 8/11/88 $100/500 '•k1:LN1RVAIDI A (EACH ACCIDENT) (DISEASE -POLICY LIMIT) {DISEASE -EACH EMPLOYEE) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING. COMPANY WILL MAIL 15 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED LEFT,oo- ,o'ra oc "•&.• w_;�v1 a•• C•b•dc ccto a`•`eo i. AH DR PRES P IVE o`c'co e'•• O •P TO THE 4 DG cO o•ceo Bob Davis IIR/ACORD Q:' Q- • Q. 1984 ktik(.14410} Sr 1 AME AND ADDRESS OF AGENCY Eason i OD., ran, P.O. Bax 4217 Fayetteville,AR 72702 AME AND MAILING ADDRESS OF INSURED Jerry D. Si aetser 590 Poplar Fayetteville, All. L A B L 1 T Y A u T 0 M 0 B L E Type and Location of Property i Type of Insurance ❑ Scheduled Form ❑ Comprehensive. Form ❑ PremisesiOperalions • ❑ Products/Completed Operations O Contractual 11 ..Other (specify below) ❑ Med. Pay. $ Per $ Per Person Accidenl ❑ Personal Injury ❑ Liability 0 Non own• ed 0 Hired 0 Comprehensive -Deductible $ :❑ Collision -Deductible $ ❑ Medical Payments ❑ Uninsured[Motorist .r.. ❑ No Fault (specify): ❑ Olher (specify): ❑ WORKERS' COMPENSATION — Statutory Limits (specify states below) PECIAL CONDITIONS/OTHER COVERAGES Taw COMPANY - United States Fidelity i Guaranty Oa. Effective m 7/11 119 88 Expires ' ❑ 12:01 am ❑ Noon 8/11 .19 88 ❑ This birder is issued to extend coverage in the above named company per expiring policy # New lex cool as noted below) Description of Operation/Vehicles/Property Constriction Otimpar}y Coverage/Perils/Forms ;CoveragelForrns ❑ A ❑ B ❑C MP $l00/500 • AME AND ADDRESS OF ❑ MORTGAGEE • LOSS PAYEE Amt of Insurance Ded. corns. Limits of Liability Each Occurrence Aggregate Bodily Injury $ $ Property Damage $ $ Bodily Injury & Properly Damage $ $ Combined • - PersonalInjury $ Limits of Liability Bodily Injury (Each Person) $ Bodily Injury (Each Accident) $ Properly Damage Bodily Injury & Properly Damage Combined ❑ EMPLOYERS' LIABILITY— Limit $ „.m^,a•=^'-+••-®'•..a➢iag.>.RI. _......_I -- -. 0 ADD'L INSURED LniArrt a;I41 .ice? r•4.:r;••,^• t.Ina. LOAN NUMBER • c. Signature of Authorized Represenlalive 7 Dale wire 4'viflfJ(cnUlti l; my/1MM 1t. r2tHiu!trNWPTl r/r,.§\\ii r��all,i�rnirr UNITED ST( ATES E➢DEE 4 ARANTY COMPANY t, IA Stoc ' Company) ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND We. Jerry D. Sweetser,..Inc. F _ as Principal, hereinaf*er called Principal, and UNITED STATES FIDELITY AND GUARANTY. COMPANY, a corporation organized and existing under the laws of the State of Maryland and authorized to do business in the Stpte of Arkansas' as Smutty. hereinafter cal dd Surety, are held and firmly bound unto City of Fayeftera�el, Fayetteville, Atkansas as Obligee, hereinafter ea led Owner, in the amount of.....F,7.g).7k1r.':ale..'Z7;Citii l4....`.CSdR.:11i t ... :ii..._ .oad—QPZIAN Dollars ($.$ L.r.aiQn Ql • ) 'for the payment whereof Principal and Surety bind themselves, their heirs, personal representativ!s, successors and assigns, jointly and severally, firmly by these presents. Principal has by vamitten agreement dated entered into a contract with Owner for f�ur�iskiing all labor and materials .for construction of water and sidewalk improvements for Helen & lee Streets, and Duncan Street Sidewalk improvements. Cjity Bid Number 850,; in accordanceto plans and specifications of Milholland Fngirjeering, Inc., Fayetteville, Arkansas. 7 . 1 ,which contract is by reference made a part hereof, and is hereinafter referred toflas the Contract. THE CONDITION OF THIS OBLIGATION is such that if the Principal shall faithfully perform the Contract on his part aridshall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason Jif failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may h :'aur in making good any such default, and, further, .that if the Principal shall pay all persons all indebtedness for Iayxor or materials furnished or performed under said Contract, failing which such persons shall have a direct•rigllt of action against the Principal and Surety, jointly and severally, under this obligation, subject to the Owner'slpriority, 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 ! nought on this bond except by the Owner after six months from the date final payment is made on the Contrdlct, 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 duo. Any alterationsw7gg'ich may be made in the terms of the Contract,'or in -that ork to be "done- under it,- or the giving by the Ower of any extension of time for the performance of the Contract, or any other forbearance on the part of either Ills Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or eh her 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 thpe aggregate liability of the Surety exceed the sum set out herein. Executed on this...ii day of 19 'C i ?lilstl iialilitn°�9/ itti i ll::�4 diluNab Contract 158 (Arkansas) 110-85 Jerry D. Sweetser Inc. 74.1 r Principal UNITED STATES FIDELITY AND GUARANTY COMPANY • Surety By Robert M. Davis Attorney -in -Fact • '` '�uTi�ilill<•';{i�gi1il:iC�Ji%tl't�aawaritl"T�Di?!Gi til, '(instructions on reverse side) PROJECT: OWNER: (Name, Address) CiiANGE ORDER HELEN) LEE AND DUNCAN STREET IMPROVEMENTS CITY OF FAYETTEVILLE 113 Wi MOUNTAIN ST. FAYETTEVILLE, AR 72701 SWEETSER CONSTRUCTION 590 Poplar FAYETTEVILLE, AR 72703 CONTRACT FOR: IConstrucien of Street, Storm DrainagelImprovements. CONTRACTOR: No. 1 - DATE DATE OFISSUANCE: JANUARY 12, 1989 OWNER•s Project No. FPSW-8704 ENGINEER: Sidewalk and MILHOLLAND ENGINEERING 205 W. CENTER ST. FAYETTEVILLE, AR 72701 ENGINEER's Project No.- E — 216 You are directed to make the following changes in the Contract Documents. Description: Construct a concrete storm sewer discharge basin at Station 9+20.7. Purpose of Change Order: To correct an erosion problem caused by the discharge of' storm sewer at Station 9+20.7. Attachments: (List doicuments supporting change) CHANGE IN CONTRACT PRICE: Original Contract Price •581,210.00 j Previous Change Orders No. to No. $ -0- Contract Price prior to this Change Order $81,210.00 Net Increase iefetnyti `�i of this Change Order $ 2,800.00 1 Contract Price with aN approved Change Orders $3Li,o1o.00 RECOMMENDED: APPROVED: CHANGE IN CONTRACT TIME: Original Contract Time 60 days days or art Net change from previous Change Orders -0— ays Contract Time Prior to this Change Order 60 days days or due Net Increase Ilkoatof this Change Order 30 days days Contract Time with all approved Change Orders bt✓! E///?4i i by te/SX/ Ertru+tRf)wntr EJCDC No. 1910-8.6 0983 Edition) .g7 / / / G Prepay d by the EAg.ineen• Joint Contract Documents Committee and endorsed by The Associated Genual Contractors or America. 90 days Jays or due APPROVED: t •(inst:to:ions on rversc side) PROTECT: OWNER: (Name, Addrtss) ENGINEERING SERVICES: 3ar 8 DUNCAN & 11th STREET IMPROVEMENTS CITY OF FAYETTEVILLE 113 W. MOUNTAIN ST. FAYETTEVILLE, AR 72701 CONTRACTOR: MILHOLLAND ENGINEERING 205 W. CENTER ST. FAYETTEVILLE, AR 72701- CONTRACTFOR: Street, sidewalk and store drainage improvements. DATE OF ISSUANCE: WS �)-AA-v `n .DQr. � ieg �� 1 JANUARY 12, 1989 '"°Am+ ACRROFIIMED OWNER's Project No. ENGINEER FPSW-8704 MILHOLLAND.ENGINEERING 205 W. CEtdTER ST. FAYETTEVILLE, AR 72701 E — 2 F ENGINEER's Project No You arc directed to make the following changes in the Contract Documents. Dc chption: 2rer7're plans, negotiate contract Change Order with Contractor and Cons _ cion Mane—ent for a concrete storm sewer discharge basin at station 9+20.7 of Duncan Street. Purpose et Change Order: To correct an erosion problem caused by the d4 scnarge of storm SE =. Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Original Contract Price S-� 0 000:00 :Previous Chance Orders No S —0— to No Contract Price prior to this Change Order So nen ')n CHANGE IN CONTRACT TIME: Original Contract Time 60 days day, or dare Net change from previous Change Orders days Contract Time Prior io this Change Order 60 days day, or Alae Net Increase tel=takali of this Change Oidcr Net Increase 03 xt'd of this Change Order S 750.00 Contract Price wish all approved Change Orders $9.750.00 RECONI\IF.NDED: Ena:nca EJCDC No. 1910-8-8 (1983 Edition) APPROVED: 20 (+,y: days Contract Time with all approved Chane Ordcrs 90 davE; dn. or Jve APPROVED: ReparrJ Fy the Engineers' ]u m Contract Documents Comma lee and endoncJ by The Assucuted l Iencral C.:ntrocturs of America • e!mnua:er