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HomeMy WebLinkAbout52-89 RESOLUTION_ RESOLUTION NO. 52-89 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CHANGE ORDER IN THE CITY'S ENGINEERING CONTRACT WITH CEI ENGINEERING ASSOCIATES, INC. FOR THE DAVISON STREET SEWER REPLACEMENT PROJECT TO AUTHORIZE ADDITONAL ENGINEERING SERVICES FOR THE REPLACEMENT OF SEWER MAINS SERVING THE 200 BLOCK OF EAST CENTER STREET. 1 BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a change order in the City's engineering contract with CEI Engineering Associates, Inc. to authorize additional engineering services for the replacement of sewer mains serving the 200 block of East Center Street. A copy of the contract authorized for execution is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 6th day of June APPROVED By: aleirati Mayor , 1989. • machtAci AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES This is an amendment to the Agreement for Engineering Services executed on the 12th day of April 1989 between the City of Fayetteville, Arkansas and CEI Engineering Associates, Inc. for the Davidson street Sewer Rehabilitation Project. The City intends to increase the scope of the referenced agreement to include an additional segment of sewer rehabilitation; approximately 400 L.F. of 6" on or adjacent to Center Street east of the Washington County Court House. CEI Engineering Associates, Inc. agrees to perform the various professional engineering services for the design and construction of said additional segment. Section B (Page -6) Compensation for Engineering Service, from the referenced agreement shall be amended as follows: The CITY shall compensate the ENGINEER in accordance with the following schedule: Part 1: Part 2: For professional services required to complete detailed plans and specifications for the above referenced project, including surveys for easement purposes and $2,000 for the preparation of easements and plats for easement acquisition said amount ($2,000) to be adjusted based on actual easement requirements, the CITY shall compensate the ENGINEER with the lump sum fee of $9,689.00 (Nine thousand six hundred eighty nine dollars) The hourly rate for preparing plats and legal description for easement purposes: will be $27.50 for a Registered Land , Surveyor For professional services for the bid phase of the project, through the recommendation of awards, the CITY shall conpensate the ENGINEER with the lump sum fee of $1,078.00 (One thousand seventy eight dollars) (1) Part 3: For professional services required to perform construction management including one full time inspector for the entire estimated construction period and preparation of "As -Built" drawings, the CITY shall compensate the ENGINEER with the lump sum fee of • $7,533.00 (Seven thousand five hundred thirty three dollars) Said amounts reflecting a proportional amount of a total increase of $1,300.00 (one thousand three hundred dollars) In contract price. This amendment does not affect or alter any contract provision other than what is clearly stated herein. (2) APPROVAL IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Amendment in duplicate on the respective dates indicated below. (SEAL1 ,... c'tTs- 41 i u - 1,0._1: A • :1-1 .... vnAt2ggT: C r Ja -? 4.4:7: t.':V.. CITY: 0 By E McWETHY WILLIAM V. MRRTIN Type Name Type Name Title CITY Title (SEAL) CLERK ATTEST: mce2? Date By ; MAYOR AUGUST 4, 1989 ENGINEER: Type Name. Mark C. JcIhnson Type Name Title Project Engineer Title Date (3) Robert E. Holmes President t SPECIFICATIONS AND BID DOCUMENTS FOR THE CITY OF FAYETTEVILLE, ARKANSAS DAVIDSON STREET SEWER REHABILITATION -1" Prepared By Bentonville Arkansas FROM: • CITY OF FAYETTEVILLE CONTRACT/LEASE REVIEW D OatteptC•514 01/6•• / Pi.* mortr NAME DIVISION/DEPARTMENT COMMENTS 4PLAMt 1.4644) CADHle_A Cre PeTt) ****###***********************************************M******** . —) BUDGET REVIEW: BUDGET COORDINATOR 5.c.; ***************************************M******M*******Mat* ACCOUNTING SUPERSLISOR 4 CITY JATTORNEV r / )/44S,R0 DATE /-S- DATE PURCHAI AGENT DATE I7ERNAL AUDITOR DATE ADVERTISEMENT FOR BIDS City Administration Building 113 West Mountain Fayetteville, Arkansas 1 Separate and sealed BIDS for the repair or replacement of existing sanitary sewer mains along six (6) different locations, all within the city limits, and owned and maintained by the City of Fayetteville, Arkansas, will be received at the offices of the City Engineer, City Administration Building, 113 West Mountain, Fayetteville, Arkansas, until 2:00 p.m., November 8, 1989, and then at said offices all BIDS will be publicly opened and read aloud. The BID envelope must be clearly marked "Bid for Fayetteville Sanitary Sewer Rehabilitation Project". The Bidders BID BOND must be enclosed in a separate envelope, but attached to the BID envelope. The Rehabilitation Project will include the furnishing of all necessary materials, supplies, tools, labor, supervision, and other services 'required or necessary for the complete construction of the following: Approximately 6827 linear feet of SDR 35 PVC and approximately 160 linear feet of CL. 50 DIP sanitary sewer main pipe; 26 sanitary sewer manholes; reconnection of existing service laterals; together with all work necessary for a complete repair or replacement. The CONTRACT DOCUMENTS consisting of Advertisement for Bids, Instructions to Bidders, Bid Bond, Bid, Agreement, Payment Bond, Performance Bond, General Conditions, Special Instructions, Special Conditions, Detailed Specifications, Drawings, Attachments and Addenda, may be examined in the office of the City Engineer, City Administration Building, Fayetteville, Arkansas, 72701, and the office of CEI Engineering Associates, Inc., 110 West Central, Bentonville, Arkansas, 72712. Copies of the contract documents may be obtained from the offices of CEI Engineering, Inc., upon payment of $50.00, non-refundable. All bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965. The City of Fayetteville reserves the right to reject any or all bids and to waive any formalities in the bids. The City also reserves the right to withhold the awarding of the contracts for a period of not to exceed thirty days after opening of bids except with the consent of the bidder. Dated the 20th day of October, 1989. Purchasing Officer City of Fayetteville Fayetteville, Arkansas A-1 ADVERTISEMENT FOR BIDS INSTRUCTIONS TO BIDDERS BID BOND BID AGREEHENT PAYMENT BOND PERFORMANCE BOND NOTICE OF AWARD NOTICE TO PROCEED CHANGE ORDER GENERAL CONDITIONS SPECIAL INSTRUCTIONS SPECIAL CONDITIONS • TABLE OF CONTENTS et TECHNICAL SPECIFICATIONS' HANHOLE AND VALVE BOX REGRADING EXCAVATION, TRENCHING, AND BACKFILLING FOR UTILITIES OBSTRUCTIONS TREE REMOVAL TESTING EXCAVATION, EMBANKMENTS, BACKFILLING, MANHOLE AND INLET CONSTRUCTION AND MISCELLANEOUS SEWER AND WATER LINES PIPE, FITTINGS, VALVES, FIRE HYDRANTS AND OTHER MATERIALS AND EQUIPMENT AND THE INSTALLATION THEREOF MANHOLE AND INLETS SPECIFICATIONS FOR PVC GRAVITY SEWER PIPE METHOD OF MEASUREMENT AND BASIS OF PAYMENT A-1 B-1 D-1 E-1 F-1 G-1 H-1 I-1 J-1 K-1 L-1 - SI -1, SC -1, 11M. .1M .11••• B-9 D-2 E-5 F-3 G-3 H-3 L-20 SI -2 SC -5 11-1 - 11-2 12-1 - 12-6 13-1 - 13-2 16-1 18-1 - 18-2 21-1 - 21-9 25-1 - 25-2 26-1 - 26-8 HP -1 B ids are due at the office of the City Engineer, Administration Building, 113 West Mountain, Fayetteville, Arkansas, 72701, no later than 200 p.m., on the eighth day of November, 1989. No bidder shall divulge the information in the sealed bid to any person whomsoever, except those having a partnership or other financial interest with him in the bid, until after the sealed bids have been opened. B ids which are incomplete, unbalanced, conditional, or obscure, or which contain additions not called for, erasures, alterations or irregularities o f any kind, or which do not comply with the Instruction to Bidders may be •rejected as informal at the option of the Owner. However, the Owner reserves the right to waive technicalities as to changes, alterations or revisions and to make the award in the best interest of the Owner. 4. UNIT PRICES AND FILLING IN BIDDING FORMS. Bidders must state a unit price for each item or work named in the Engineer's estimate of quantities o f work to be done. Unit prices shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment and apparatus of every description, to construct, erect, and finish completely all of the work as called for in the specifications or shown in the plans. Unit prices bid and totals shown in the Proposal shall not include any of the costs of e ngineering, advertising, appraising, or printing. The price bid for each item must be stated in figures and in words in the appropriate blank spaces provided on the bidding forms. The figures must be clear and distinctly legible so that no question can arise as to their intent and meaning. In case of a difference in the written words and figures in a Proposal, the amount state in written words shall govern. 5. PRICES BID TO BEAR RELATIONSHIP TO COST OF WORK. Prices bid on the various items in the Proposal shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and deemed not to be in the best interest of the Owner may be rejected at the discretion of the Owner. 6, SIGNATURE ON BIDS. If the bid is made by an individual, his firm name must be given, and the Proposal signed by him or his duly authorized agent. If the bid is made by a partnership, the firm name and the names of each member must be given, and the bid signed by a member of the partnership, or a person duly authorized. If the bid is made by a company or corporation, the company or corporate name must be given, and the bid signed by an o fficer or agent duly authorized. P owers of attorney, properly certified, for agents and others to sign bids must be in writing and filed with the Owner. B-2 1 L 1 INSTRUCTION TO BIDDERS 1. EXAMINATION OF SITE AND DOCUMENTS. Bidders are advised that the plans, profiles, specifications and estimates of the Engineer on file in the o ffice of CEI Engineering Associates, Inc., shall constitute all of the information which the Owner shall furnish. No other information given, or sounding made by the Owner or any official thereof, prior to the execution o f said contract, shall ever become a part of, or change the contract, plans, profiles, specifications and estimates, or be binding on the Owner. P rior to submitting any bid, bidders are required to read carefully the specifications, contract and bonds, to examine carefully all plans, profiles, and estimates, to visit the site of the work to examine carefully local conditions, to inform themselves by their independent research and sounding of the difficulties to be encountered, and -all attending circumstances affecting the cost of doing the work, and the time specified for its completion; and to obtain all information required to make an intelligent bid. B idders shall rely exclusively upon their surveys, estimates, investigations, surroundings and other things which are necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Proposal, providing for unit and lump sum prices bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions that may be e ncountered, the kind, quality and quantity of the plans, work to be done, e xcavation, and materials required and with full knowledge of the plans, profiles, specifications and estimates and all provisions of the contract and bonds. The submissions of •a bid shall constitute the acceptance of these provisions. 2. APPROXIMATE ESTIMATE OF QUANTITIES. The Engineer's estimate of quantities, approved by the Owner and on file in the offices of CEI Engineering Associates, Inc., is approximate only, and shall be the basis for receiving unit price bids for each item, but shall not be considered by the bidders as the actual quantities that may be required for the completion of the proposed work. Such quantities, however, at the unit and lump sum prices bid for each item, shall determine the amount of each bid for comparison of bids and aid in determining the lowest and best bidder for the purpose of awarding the contract, and will be used as basis for fixing the amount of the required bonds. 3. BIDS AND BIDDING FORMS. Bids must be made out in ink on bidding forms included as part of these specifications. Bids shall be sealed and addressed City of Fayetteville, Arkansas, and the title of the project, the n ame of the contractor submitting the bid and the time and date for receipt o f bids written on the envelope. B-1 • •N. _10. CONSIDERATION OF PROPOSALS. After the Proposals are opened and read, the quantities will be extended and totaled in accordance with the bid prices of the accepted Proposals. Until the final award of the contract, the Owner reserves the right to reject any and all Proposals, to waive technicalities, and to advertise for new Proposals, or proceed to do the work otherwise when the best interests of the Owner will be promoted thereby. 11. RIGHT TO REJECT BIDS. The •Owner reserves the right to reject any and all bids. All bids are subject to this reservation, and the Owner reserves to itself the right to decide which shall be deemed the lowest responsive and responsible bid. Due consideration will be given to the reputation, financial ability, experience and equipment of the bidder. 12. AWARDING OF CONTRACT. The Owner reserves the right to withhold the awarding of a contract a reasonable period of time from the date of opening bids, said length of time not to exceed thirty (30) days except with the consent of the bidder. •The awarding of a contract upon a successful bid shall give the bidder no right to action or claim against the Owner upon the contract until the contract is reduced to writing and signed by the contracting parties. The letting of a contract shall not be complete until the contract is executed and the necessary bonds approved. 13. SUBCONTRACTOR. The Contractor shall not assign or sublet all or any part of this contract without the prior written approval of the Owner nor shall the Contractor allow such subcontractor to commence work until he has provided and obtained approval of such compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the plans, specifications, contract and bonds. 14. MATERIALS GUARANTY. Before any contract is awarded the bidder may be required to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the work, together with samples, which may be subjected to tests provided for in these specifications to determine their quality and fitness for the work. 15. FAMILIARITY WITH LAWS. The bidder is presumed to be familiar with all federal, state and city laws, ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials or equipment used, or in any way affecting the work, and shall in all respects comply with said laws, ordinances and regulations. No claim of misunderstanding or ignorance on the part of the Contractor will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. 8-4 1 1 1 1 7. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors". Bidders who submit proposals in excess of $20,000 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of their Proposal. 8. QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS. Each bidder, if requested to do so by either the Owner or the Engineer, shall furnish satisfactory evidence of his competency to perform the work contemplated. The Owner reserves the right to reject a bid if the bidder has not submitted, upon request, a statement of his qualifications prior to the date of the opening of bids. • 9. DISQUALIFICATIONS OF BIDDERS. Any one or more of the following may be considered as sufficient for the disqualification of bidders and the rejection of bids: More than one Proposal for the same work from an individual, firm, partnerships, or corporation under the same or different names. Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. Unbalanced Proposals in which the prices for some items are out of proportion to the prices for other items, or changes written in, or amendments by letter. Failure to submit a unit price for each item of work for which a bid price is required by the Proposal, or failure to include all required contract documents. Lack of competency as revealed by the financial statement, experience, plant and equipment statements submitted. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress. A bid by an unlicensed contractor bidding under a licensed contractor's name. Uncompleted work which, in the judgement of the Owner, might hinder or prevent the prompt completion of additional work if awarded. Being in arrears on existing contracts, in litigation with the Owner, or having defaulted on -a previous contract. B-3 18. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid to employees, whether such employees are residents or non-residents of Arkansas. 19. ANTI -KICKBACK PROVISION (WHERE APPLICABLE). When provided for in the specifications, the Contractor shall comply with the regulations of the S ecretary of Labor made pursuant to the Anti -Kickback Act of June 13, 1934, 40 U.S.C. 276 (c), and any amendments or modifications made thereto and shall see that such provisions are included in all subcontracts. A copy of such provisions is included hereinafter in these specifications. 20. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965. The attention of all bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for payment for certain taxes on materials and equipment brought into the state. It further provides for methods of collecting said taxes. All provisions of this act will be complied with under this contract. 21. INSURANCE. During the life of this contract, the successful bidder shall carry insurance as hereinafter set out. Also, he shall require all o f his subcontractors to carry insurance as outlined below, in case they are not protected by the policies carried by the prime Contractor. Insurance companies underwriting the required insurance shall be licensed in Arkansas. Licensed companies are listed in the State Insurance D epartment's Annual Report of the Insurance Commissioner. In Arkansas, the prevailing law requires that insurance on public works contracts be issued by and through a duly licensed agent resident in the S tate of Arkansas. The mere countersigning by a resident agent is not acceptable. Insurance is to be approved by the Owner. If any insurance contracted for becomes unsatisfactory or unacceptable to the Owner after the acceptance and approval thereof, the Contractor shall promptly, upon being notified to the effect, execute and furnish acceptable insurance in the amounts herein specified. Upon presentation of acceptable insurance, the unsatisfactory insurance may be canceled at the discretion of the Contractor. The Contractor shall have his resident insurance agent submit to the Owner, through the Engineer, a schedule of insurance policies proposed to be furnished, which shall be approved before certificates of insurance and/or policies are issued. Once the Owner has concurred in the proposal of insurance coverages, the Contractor shall then furnish to the Engineer, in the name of the Owner, certificates of insurance for the following: B-6 • 1 1 1 1 1_ L • 16. LABOR LAWS. The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. 17. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In case wage rates are specified in the contract documents, the rates as specified shall be the minimum rates which apply to the project. Whenever available, local common labor shall be used and whenever practical, skilled and semi -skilled labor, if available, shall be used. The Contractor and each subcontractor, where the contract amount exceeds $75,000.00 shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Arkansas Statute 14-630). The provisions are summarized below. The Contractor and subcontractor shall: (1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor. (2) post the scale of wages in a prominent and easily accessible place at the site of the work. (3) keep an accurate record showing the name and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which record shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any subcontractor, the difference between the rates of wages required by this contract and the rates of wages received by such workmen. If it is found that any workmen employed 'by the Contractor or a subcontractor has been or is being paid a rate of wages less than the rate of wages required by this contract, the Owner may be written notice to the Contractor, terminate his right to proceed with the work or such part of the work and to prosecute the work to completion by contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs occasioned thereby. B-5 The Contractor shall submit to the Owner written evidence of insurance upon the entire work at the site to the full insurable value thereof including the interest of the Owner, the Contractor, the subcontractors, •and any others with an insurable interest. The policy shall insure against all risk of physical damage except as modified by the contract documents and subject to the normal all-risk exclusions. The policy by its own terms or by endorsement shall specifically permit partial or beneficial occupancy prior to completion or acceptance of entire work. G. Other Insurance. The Contractor is to protect the Owner against all loss during the course of the contract. If, due to the nature of the project, insurance coverage other than that specified above is needed by the Contractor to protect the Owner against all losses, the Contractor is responsible for determining the type of insurance needed and purchasing same. Each insurance certificate and/or policy shall contain a clause providing that it shall not be canceled by the insurance company without fifteen (15) days written notice to the Owner of intention of cancel. It shall be the responsibility of the Contractor to maintain insurance as set out above, and to furnish current certificates and/or policies. 22. PERFORMANCE BOND AND PAYMENT BOND. The Contractor shall furnish both a surety performance bond and a payment bond, each equal to one hundred percent (100%) of the contract price. The performance bond and the payment bond shall be two totally separate bonds and shall bear two different bond numbers. The Contractor is to pay all expense in connection with the obtaining of said bonds. The bonds shall be conditioned that the Contractor shall faithfully perform the contract, and shall pay all indebtedness for labor and materials furnished or performed in the construction of such alterations and additions as prescribed in this contract. The surety company issuing the bonds must be a solvent company on the "Surety Companies Annual List" issued by the U.S. Department of the Treasury, and the bonds are not to be issued in an amount greater than the underwriting limitations for the surety company as set out therein. Resident Agent Required. In Arkansas, prevailing law requires that performance and payment bonds on public works contracts shall be executed by a resident local agent who is licensed by the Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his Power of Attorney as his authority. The mere countersigning of the bonds will not be sufficient. 1 B-8 1 a A. Workmen's Compensation. Workmen's compensation, as required by the laws of the state in which the work is to be done, shall be furnished. In case any hazardous occupations are required for the execution of the work which are not covered by the above insurance, special employer's liability policies shall be obtained to cover workmen engaged in such hazardous occupations. B . Contractor's Public Liability Insurance and Property Damage Insurance. This insurance shall provide bodily injury of $200,000.00 for each person and $500,000.00 for each accident; and property damage of $200,000.00 for each accident. This insurance shall be endorsed to cover explosion collapse and underground hazards, and blasting. C. Motor Vehicle Public Liability and Property Damage Insurance. This policy shall provide bodily injury of $200,000.00 for each person and 500,000.00 for each accident; and property damage of $200,000.00 for each accident. D . Owner's and Engineer's Contingent Protective Liability Insurance. The Contractor shall indemnify and save harmless the demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against them by reason of any omission or act of the Contractor, his agent or employees in the execution of the work of in the guarding of it. The Contractor shall obtain in the name of the Owner and Engineer (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less than $200,000.00 property damage and $500,000.00 bodily injury limits, and with such provisions as will protect the Owner and Engineer from contingent liability under this contract. E . Builder's Risk Insurance. The Contractor shall procure and maintain during the life of the contract builder's risk insurance (fire, lightning, extended coverage, vandalism and malicious mischief) on the insurable portion on a 100 percent completed value basis, against damage to the equipment, structure or material. The Contractor, his subcontractors, and the Owner (as their interest may appear shall be named as the insured). F. All -Risk Floater Insurance. Until the project is completed and is accepted by the Owner, the Contractor is required to maintain an all- risk installation floater policy. . B-7 BID BOND KNOW ALL PERSONS BY THESE PRESENT, 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 severally bind ourselves, successois and assigns. Signed, this day of , 1989. The Condition of the above obligation is such that whereas the Principal has submitted to a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the NOW, THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attachment hereto (property completed in accordance with said BID) and shall furnish a BOND for faithful performance of said contract, and for the payment of all performing labor furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of such 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 an all claims hereunder shall, in no event, exceed the penal amount of this obligation as as herein stated. D-1 1 • The date of the bonds, and of the Power of Attorney, must not be prior to the date of the contract. At least six copies of the bonds shall be furnished, each with Power of Attorney attached. Bonds are to be approved by the Owner. If any bonds contracted for become unsatisfactory or unacceptable to the Owner after the acceptance and approval thereof, the Contractor, upon being notified to that effect, shall promptly execute and furnish acceptable bonds in the amounts herein specified. Upon presentation of acceptable bonds, the unsatisfactory bonds may be canceled at the discretion of the Contractor. =Mm. • B-9 • • AMERICAN STATES INSURANCE COMPANY INDIANAPOLIS, INDIANA BID OR PROPOSAL BOND Know all Men by these Presents, That we, FAYETTE TREE & TRENCH, INC. P. O. BOX 471 FAYETTEVILLE, ARKANSAS 72702 of (hereinafter called the Principal), as Principal, and AMERICAN STATES INSURANCE COMPANY (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF FAYETTEVILLE, ARKANSAS (hereinafter called the Obligee) in the penal sum of ..52__DE__AMODNI___O_F_ Rip Dollars ($:g OF BID Alt. for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED and SEALED this 8th day of NOLVEHBER 19_89 THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for DAVIDSON STREET SEWER REHABILITATION PROJECT, FAYETTEVILLE, ARKANSAS, REFAIR__OR REPLACEMENT OF EXISTING SANITARY SEWER MAINS ALONG SIX (k) DIFFERENT LOCATIONS. NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Princi- pal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond be required, with surety acceptable to the Obligee for the faithful performance of the said con- tract, then this obligation shall be void; otherwise to remain in full force and effect. Form 9-1027 6-62 FAYETTE TREE & TRENCH, INC. BY: By...... _ _ CAN ST INSURANCE COMPANY ,1 AttorneY-in-Fact The Surety, for value received, Sereby stipulates and agrees that the obligations of said Surety and its BOND shall in no way be 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. Principal Surety By: (L.S.) IMPORTANT Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. D-2 1 1 1 1 1 1. 1 1 1 1