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HomeMy WebLinkAbout120-90 RESOLUTIONRESOLUTION NO. 120-90 - A RESOLUTION AUTHORIZING THE CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND JERRY D. SWEETSER, INC. FOR THE CONSTRUCTION OF SIDEWALKS. 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 contract in the amount of $40,527.50 with Jerry D. Sweetser, Inc., for the construction of sidewalks on South College. The contract amount is to be taken from the Community Development Fund. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this AttTEST: az g5gy: "City 1 a4 • Cl�tkl f \ ''m�..wi\P\\\\`S`\ ` ;day of APPROVED: August , 1990. By: G!/4W4ra/!/ /// .si Mayor 1 1 1 1, 1. 1 SIDEWALK IMPROVEMENTS FOR SOUTH COLLEGE AVENUE 7th STREET to 13th STREET CD PROJECT No. E-273 1 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF FAYETTEVILLE, ARKANSAS BID No. 90-32 COMMUNITY DIRECTOR: ADDRESS: TELEPHONE: { JUNE, 1990 DEVELOPMENT DEPARTMENT: Jan Simco 113 W. MOUNTAIN STREET FAYETTEVILLE, ARKANSAS 72701 (501) 575-8261 4 MILHOLLAND COMPANY -Engineering & Surveying i 205. West Center Street Fayetteville, Arkansas 72701 Telephone: (501) 443=4724 s 1 1 1 1 1 1 1. 1 1 1 .1 Advertisement for Bids TABLE OF CONTENTS Information for Bidders B id Bond B id for Unit Price or Lump Sum Contracts 4238-A 4238-B(R) 4238-E 4238-D 4238-C Certification of Bidder Regarding Equal Employment Opportunity 4238 -CD -1 Certification by Proposed Subcontractor Regarding Equal Employment Opportunity 4238 -CD -2 Certification of Bidder Concerning Labor Standards & Prevailing Wage Requirements 1421 Certification of Proposed Subcontractor Concerning Labor Standards and Prevailing Wage Requirements 1422 Contract 4238-F Bonding and Insurance Requirements (for Recipient Information only) FMC 74-7 (B) Performance & Payment Bond (In Conformance with State Law) Certificate of Owner's Attorney 4238-J General Conditions 4238-S(R) Supplemental General Conditions 4238-N(R) Supplemental General Conditions Opportunity Provisions - Special Equal Supplemental General Conditions Compliance with Air and Water Acts - Certificate of Supplemental General Conditions - Special Conditions Pertaining to Hazards Federal Wage Decision, Minimum Wage State Wage Determinination, Minimum Technical. Specifications Rates Wage Rates • Part 8 Part 9 Part 10 ,11, `r1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 HUD -4238-A (5-66) (Rev.. 09-89) ADVERTISEMENT. FOR BIDS B id No. 90-32 Project No. E-273 OWNER: City of,Fayetteville One sealed bid for Sidewalk Improvements and Fence Construc- t ion Project for the City of Fayetteville will be received by the Purchasing Department, City of Fayetteville, Arkansas at the Purchasinq Department Office, City Administration Building, Fayetteville, Arkansas, Room 307, until 10:30 a.m. C.D.S.T. July_ 16, 1990, and then publicly opened and read aloud in Room 111 of the City Administration Building. The Information For Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Forms of Bid Bond, Performance and Payment Bond, and other contract documents may be examined at the following location(s): Milholland Company,. Engineering & Surveying 205 West Center Street_ Fayetteville,_ Arkansas 72701 Copies may be obtained at the office of Milholland Company, located at 205 West Center Street, Fayetteville, Arkansas 72701 upon payment of $100.00 for each set. Any unsuccessful bidder or non -bidder, upon returning such set within 7 days after Bid Open- ing and in good'condition, will be refunded $20.00. The Owner reserves the right to waive any informalities or t o reject any or all bids. Each, bidder must deposit with his bid, security in the amount, form,;and subject to the conditions, provided in the Information for Bidders. Attention of bidders is particularly called to the require- ments as to conditions of employment to be observed and minimum wage rates to be Paid under the contract. The OWNER is an Equal Opportunity Employer. Community Development Block Grant Con- struction Funds have been allocated for this project which is to constitute 100% Federal Funding. No bidder may withdraw his bid within 30 days after the actual date of the opening thereof. Date: 1 1 1 a 1 1 1' 1 1 1 1 1 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-9238-B(R) INFORMATION FOR BIDDERS 1. RECEIPT AND OPENING OF BIDS The CITY OF FAYETTEVILLE, ARKANSAS, (herein called the "OWNER"), invites bids on the form attached hereon, all blanks of which must be appropriately filled in. Bids will be received by the OWNER at the office of the City Purchas- ing Department, Room 307, until 10:30 a.ni. Central Daylight Saving Time, July J%, 1990, and then be publicly opened and read aloud in Room 111 of the City Administration Building. The envelopes containing the bids must be sealed, addressed to Peggy Bates, City of Fayetteville, City Administration Building, 113 W. Mountain Street, City Administration Building, Fayetteville, Arkansas, and designated as bid for BID No. 90-32. The OWNER may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be con- sidered. No bidder may withdraw a bid within 30 days after the actual date of the opening thereof. 2. PREPARATION OF BID Each Bid must be submitted on the prescribed form and accom- panied by Certification by Bidder Regarding Equal Employment Opportunity Form HUD -4238 -CD -1. All blank spaces for bid pricesmust be filled in, in ink or typewritten, in both words and figures, and the foregoing Certification 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 Project name and Bid Number for which it is being submitted. If forwarded by mall, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. 1 1 1 1 1 1 1 1 1 1 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-4238-B(R) INFORMATION FOR BIDDERS 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. Must: submit Form HUD -4238 -CD -2, Certification by Pro- posed Subcontractor Regarding Equal Employment Opportu- nity. Approval of the proposed subcontract award cannot be given by the Owner unless and until the proposed subcontractor has submitted the Certifications and/or other evidence showing that it has fully complied with any reporting requirements to which it is or was subject. 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 that such telegraphic communication is received by the OWNER prior to the closing time, and provi- ded further, the OWNER is satisfied that a written confirma- tion of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The tele- graphic communication should not reveal the bid price but should provide the addition or subtraction or other modifi- cation 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 clos- ing time, no consideration will be given to the telegraphic modification. 5 METHOD OF BIDDING The OWNER invites. the following bid(s): "SIDEWALK, and FENCE IMPROVEMENTS for SOUTH COLLEGE AVENUE from 7th STREET .to 13th STREET. 2 1 11 1 1, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-4238-B(R) INFORMATION FOR BIDDERS 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 informa- tion and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any bid if the evi- dence submitted by, or investigation of, such bidder falls to satisfy the OWNER that such bidder is properly qualified to perform the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. 7. BID SECURITY Each bid must be accompanied by cash, certified check of the bidder, 'or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the OWNER, in the. amount of 5% of the bid. Such cash, checks, or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids,;and the'iemaining cash,rchecks, •qr bid bonds will be ..returned promptly after the OWNER and the accepted bidder ,have#Hexecutedi Ehel contract,.por if no award has been made within..3.0,dayst-after the date I'of the opening of bids, 'upon ll demand;of' theJUidder at any `time thereafter so long as he �taslnot.been notified of the acceptance of his bid. 1!LIQUIDATED_DAMAGES )FOR FAILURE•.TO ENTER INTO CONTRACT ;. The successful bidder, upon his failure or refusal to exe- cute 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. 3 s; 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-4238-B(R) INFORMATION FOR BIDDERS 9. TIME OF COMPLETION AND LIQUIDATED DAMAGES B idder 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 30 consecutive calendar days thereafter. Bidder must agree also to pay as liquida- ted damages, the sum of $250.00 for each consecutive calen- dar day thereafter as hereinafter provided in the General Conditions. 10. CONDITIONS OF WORK Each bidder must inform himself fully of the conditions ✓ elating t� the construction of the project and the employ- ment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to perform the provisions of his con- tract. Insofar as possible, the contractor, in performing h is 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 N o interpretation of the meaning of the plans, specifica- tions or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to Milholland Company, Engineering & Surveying, 205 West Center, Fayetteville, Arkansas 72701, and to be g iven consideration, must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed by certified mail with ✓ eturn receipt requested to all prospective bidders (at the ✓ espective addresses furnished 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 obli- gation under his bid as submitted. All addenda so issued shall become part of the contract documents. 4 1 1 1. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD -4238-13(R) INFORMATION FOR BIDDERS 12. SECURITY FOR FAITHFUL PERFORMANCE S imultaneously with his delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as se- curity for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified. in the General Conditions inclu- ded herein. The surety on such bond or bonds shall be a d uly 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 o f their power of attorney. 14. NOTICE OF SPECIAL CONDITIONS Attention is particularly called to those parts of the con- tract documents and specifications which deal with the following: a. Inspection and testing of materials; b. Insurance requirements c. Wage Rates.: d . Stated allowances. 15. LAWS AND REGULATIONS The bidder's attention is directed to the fact •that all applicable State Laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 5 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 '1 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-4238-B(R) INFORMATION FOR BIDDERS 16. METHOD OF AWARD - LOWEST QUALIFIED BIDDER If at the time this contract is to be awarded, the lowest ✓ esponsible bidder does not exceed e stimated by the OWNER as available t he contract will be awarded on the bid exceeds such amount, the OWNER may award the contract on the base deductible alternates applied in t hey are listed in the Form of Bid, as produces a net amount which is withinthe available funds. base bid submitted by a the amount of funds then to finance the contract, base bid only. If such may reject all bids or bid combined with such numerical order in which 17. OBLIGATION OF BIDDER At the time of the opening of bids, each bidder will be pre- sumed to have inspected the•site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation. in respect of MS bid. 6 1. 1 1 1 1 1 1 1 1 1 1 1 1 1 U .S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-9238-B(R) INFORMATION FOR BIDDERS 18. Safety Standards and Accident Prevention With r• espect to all work performed under this contract, the Contractor shall: 1. Comply with the safety standards provisions of applic- able laws, building and construction codes and the "Man- ual of Accident Prevention in Construction" published by the Associated General Contractors .of America, the ✓ equirements of the Occupational Safety and Health Act o f 1970 (Public Law 91-596). 2. Exercise every precaution al all times for the preven- tion of accidents and the protection of persons (includ- ing employees) and property. 3. Maintain, at his office or other well known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for t he immediate removal to a hospital or a doctor's care o f persons (including employees) who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care. 7 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-4238-B(R) INFORMATION FOR BIDDERS 19. Each Bidder shall be responsible for obtaining from each utility company and government agency all construction. stan- dards, requirements, specifications, and construction costs necessary to successfully complete this project. The suc- cessful bidder shall be responsible for correlating all phases of construction, including all utility companies and government agencies involved in this project. The success— ful bidder shall obtain from each said agency and/or company a set of specifications and plans for the construction required, and submit one (1) copy of each to the Community d evelopment Department Director and to the Engineer prior to the "Notice to Proceed." 20. The successful bidder shall be responsible for obtaining all Bonds and Permits required by the Arkansas State Highway and t ransportation Department, prior to the beginning of con- struction. Send correspondence to: [WHEN APPLICABLE] Arkansas Highway & Transportation Department Attn: Mr. A. L. Holmes D istrict 4 Engineer P .O. Box 1424 Fort Smith, AR 72901 One (1) copy of -each bond and/or permit shall be submitted to the Community Development Department Director and to the Engineer, prior to the "Notice -to -Proceed." 1 1. r 1 1 1 1 1 1 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BID FOR UNIT PRICE CONTRACTS Place: S-CQL.w[.c- S'De-t-"Q^- Date: Vf rb`cvo Project No.: E-273.Bid .No. 90-32 Proposal of. %,D. Swtetset tnicl (hereinafter called Bidder)* a corporation, organized and existing under the laws of the State of Ara.c“1/4..t5r4S ,* a partnership, *or an individual doing business as• To the COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF FAYETTE- VILLE, ARKANSAS, hereinafter called OWNER. Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of SOUTH COLLEGE SIDEWALK, PROJECT No. E-273, 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 all 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 here- in. These prices are to cover all expenses incurred in perform- ing 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 a written "NOTICE -TO -PROCEED" of the Owner and to fully complete the project within 30 consecu- tive calendar days thereafter as stipulated in the specifica- tions. Bidder further agrees to pay as liquidated damages, the sum of $250.00 for each consecutive calendar day thereafter. 1 Bidder acknowledges receipt of the following addendum: 1 1 1 1 Bidder agrees to perform all the work, described in the specifications and shown on the plans, for the following unit prices: - *Insert corporation, partnership, or individual as applicable. HUD -4238D (2-69) Replaces CFA -238-D which is obsolete 1 1 1 1� 1 1 1� 1 1 1 1 1. 1 J 1 1 CONSTRUCTION BID ITEMS SOUTH COLLEGE SIDEWALK IMPROVEMENTS 1. Construction earthwork, in accordance with plans and specifications for said project: NO TREE LARGER THAN 2-1/2" DIAMETER SHALL BE REMOVED, EXCEPT THOSE MARKED BY THE CITY'S REPRESENTATIVE. Trees to be removed shall be marked by City in presence of Contractor. All trees shall be trimmed to a height of 8 V.F. above ground. A. Clearing, grubbing, fence removal, disposal, backfill and r backslopping, classified & unclassified excavation, approx. 300 C.Y., of which is to be used as on-site fill material at the direction of the Engineer within the limits of the project; 300 C.Y. @ S x-{-6(15,1-4oF" l�yµweto bOLL,w.Q5 ($ rf SOt) c0 ) per L . S . -$ 6,50o Compacted "hillside" sub -base material from OFF SITE (Off-site identified as material purchased from other than the Owner), 500 Truck Yards @ 5tx DOL -IRS (S 6 e2°) per T.Y.-8300c•00 C. Subsidiary to Item 1.A above are the following: 1. Unclassified backfill with excavated materials; 2. Backslopping with excavated top soil; 3. Seeding, fertilizing, and strawing all cut and filled backslopped and ditched areas relative to the project; 4. Use of existing suitable classified material for site selected fill material within the project's street right-of-ways; 5. 'Removal and disposal of shrubs, bushes, trees, buildings and other items within the right-of-way necessary for construction; 6. Dispose of excess excavated materials. * Truck tickets must be signed by Engineer's representative with date, station: location and use. 2. Saw Cut, remove and dispose of existing curb and gutter for new Curb and Gutter, Drive and Sidewalk Ramps and Drop Inlet -.260 L.F. @ oME 11k-10us, 1P tt+a E, I+QNbn(D bo1Lne3 ($ /3GY »a ) per L.S.-$ f300Ao0 0 SIDEWALK CONSTRUCTION: Sidewalk shall be constructed at locations designated and staked by the City of Fayetteville's Representatives. Staking shall be after all clearing, grubbing, fence removal and new fence construction. Sidewalk shall be constructed a minimum of two (2') feet from all trees•and fences, unless approved by the City's Representative. Sidewalk shall be staked by the City's Representative in presence of the Contractor and Engineer. Construct 4" thick by 5' wide concrete walk per plans - 1970 L.F. @ Elc,.ktr Prvq . o aak.t.wrz5 50 ($ ,g•Ja—. ) per L.F.-$ /7,2`37 1.1 4. Construct 6" thick concrete drive ramps 70 S.Y. @ Twerjr 7,40 bog -LAI -0_5 ($ as 0" ) per S.Y.-$ /5110'20 STREET CONSTRUCTION PER PLANS: A. Sta. 17+00 to Sta. 18+00: Construct 2' wide concrete curb and gutter - 100 L.F. @ TE rg DoLL^R S ($ /0.°= ) per L.F.-$ 4000 6. STORM SEWER CONSTRUCTION PER PLANS: 00 A. Sta. 17+83: Construct reinforced concrete headwall - 1 each @ SG-q6N 14-ornyzet CboLLaac ( $ 700• ) per each-$ JOp o0 - B . Sta. 17+83: Construct reinforced concrete drop inlet - 1 each @ o -ie. 'rtfovy+•.,o two (4-D Vuucn.50 ($ /0200. °° ) per each-$ (200. o C. Sta. 17+83: Construct 18" CMP drainage pipe from Drop Inlet to 20 L.F. West of curb - 20 L.F. @ -(-wc-nsi-, F .n- oowaw5 ($ 25:S" ) per L.F.-$ 500'0° 7. FENCE CONSTRUCTION: Fence shall be constructed on new Street Right - o f -Way as staked by Engineer. A. Construct new four (4') feet high woven wire fence with two (2) barbed wires on top with metal posts to`AHTD Standards, using 6" treated wood posts for Brace, Corner andGatePosts - 1800 L.F. @ 144FEE APO) 'e [iet-ug25 ($ .3•4-1° ) per L.F.-$ 430°. Construct four feet (4') high 11.5 gauge hot dipped galvanized steel wire with 1 5/8" O.D. Steel Line Posts, with a four feet wide (4') gate of side wire with 2 3/8" O .D.. Steel Top Rails for both fence and gate; TOTAL fence and gate, 50 L.F. @ gwe 0ou"Q5 00 ($ S. ) per L.F.-$ a5°' co 9. RELOCATE EXISTING PILLAR: Construct a Concrete Footing 8' "X" 8' "X" 18" Thick and Relocate existing pillar on said Footing, Level with Plaque at 45 degrees to College Avenue o0 @ oNe 17+0usArJb 1)o1-4AV1.1 ($ /OOO ) per L.S.-$ IOW *************************************************************************** 50 TOTAL CONSTRUCTION FOR SIDEWALK IMPROVEMENTS $ 0,52.7 1 1 1 1 1 1 1 1 1 1. 1 1 1; SOUTH COLLEGE SIDEWALK IMPROVEMENTS. SUMMARY OF SID ITEMS TOTAL PROJECT CONSTRUCTION COST $401517"t9 CaW_Cf 7/16190 pg. 1 1 1 1: 1 1 1 1 1 1 1 1 1 1 1' 1, • ALTERNATE PROPOSALS: Alternate No. 1: Deduct the sum of ($ Alternate No. 2: Deduct the sum of Alternate No. 3: Deduct thesum of UNIT PRICES: HUD - 4238C (8-66) (S (S ) For changing quantities of work items from those indicated by the contract drawings upon written instruction from the Engineer, the following unit prices shall prevail: 1. 2. S 3. $ (Amounts are to be shown in both words and figures. In case of discrepancy, the amount in words will govern:) The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of'the several kinds called for. Changes shall be processed in accordance with Paragraph 17(a) of the General Conditions. Bidder understands that the Owner reserves the right to reject any and all bids and to waive any informalities in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, Bidder will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required in Paragraph'29 of the General Conditions. 1 1 1 1 1 1 1 1 1 1 11 1 1. 1 1 1 1 1 The security attached in the sum of is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. (SEAL - if bid is by a Corporation) HUD 4238C (8-66) By: Respectfully suitted: i (8igfiarure v/GF ?Res( 2:11 (Title) get 5uiLtac/sFe 590 4€9' Voac.AZ, Fw,?Lvnuc Aar., -1 l0 3 (Business address E. ZIP Code) 1 1 1 1r Ztrtitt 4<i;fgasr<lgo,,rpaw;y siffeinItrtgi(n, LNITED STATES FIDEL KNOW ALL MEN BY THESE PRESENTS: THAT 4.:9;n 'ilA"\4n:fff BID BOND Jerry D. Sweetser, Inc. 1,r '4M ARANTY COMPANY BOND NUMBER of k'.4yettey.i.l.le.. AR ""--as-Principal,—and UNITED STATESFIDELITYAND` GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto City of Fayetteville, Fayetteville, AR as Obligee, in the full and just sum of Five Percent (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 materials for sidewalk improvement between 7th Street and 13th Street. Community Development Project E273 City of Fayetteville, AR in accordance with plans and specifications of Milholland Company, Engineers, Fayetteville, AR 72701 THE CONDITION OF 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 contracts -then thisobligationto be void;otherwise'the-Principal-and- Surety -will pay unto the Obligee thedifferencein 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 July 16, 1990 (Date) Jerry D. Sweetser1 Inc. .[Y (SEAQ N"I$EAU siderunITED STATES FIDELITY AND GUARANTY CO APMCO APM NYti _ 34 -7 M 1E3 1 ; 2'? eAttoroey-in-f- .. • P4." ;,tr Ali.44.0Alt Sb ikN`JK. il..ill+.1.ii.:it\``Vi!SM.k.Aiirh(.l'T.Yllii (tt' Contract 11 (Revised) (1-74) } Robert M. Davis SteldidttaVilliKafriifitI4n, _:;t CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 100117 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 Robert M. Davis of the City of Fayetteville its true and lawful attorney • in and for the State of State of Arkansas Arkansas for the following purposes, to wit: To sign its name as surety_to andlp execute,seal and acknowledge ,any ,and all bonds, and._to.respectivelyda_and<perform_any_aad 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 of 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 Robert M. Davis may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by thesignatures of its Vice -President and Assistant Secretary, this 31st day of DeCanber A. D.19 87 (SEAL) STATE OF; MARYLAND. ss: BALTIMORE CITY,_ _ _ (Signed) (Signed) UNITED STATES FIDELITY AND GUARANTY COMPANY. my W,J,D, Saflervi.11e, Jr. Vice -President. Douglas R. Bowen Assistant Secretary. On this 31st day of - De�i�Er , A. D.1987, before me personally came. W.J.D. SQltervi.11e, Jr. , Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Douglas R. Bowen . Assistant Secretary of said Company, with both of whom 1 am personally acquainted, who being by me severally duly sworn, said that they, the said W.J.D. Sa erville, Jr. and Douglas R. Bowen were -respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation 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 ofsaid corporation, 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 90 (SEAL) (Signed) Margaret M. Hurst Notary Public. Ye 0-