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Home My WebLink About153-90 RESOLUTIONk 1. RESOLUTION NO. ,153-90 r;� _, , MICR OFILMED A RESOLUTION AUTHORIZING ,THE 1AWARD• OF A CONTRACT FOR. THE -ASH STREET IMPROVMENTS.' 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 $34,762.80 with McClinton -Anchor Division of APAC-Arkansas for the Ash Street Improvements. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 16th day of APPROVED: By: ?// ayor ATTEST: By City Cl t % my It October , 1990. Certificate of. Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE OOVERAGEAFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY United Service Agency, Inc. Post Office Box 11765 Lexington, Kentucky 40577 NAME AND ADDRESS OF INSURED APAC-Arkansas, Inc. McClinton -Anchor Division Post Office Box 1367 240 North Block Fayetteville, Arkansas 72702 COMPANY LETTER A B C D E F G COMPANIES AFFORDING COVERAGES Insurance Company of North America CIGNA Insurance Company of Texas CIGNA Insurance Company of Illinois Atlantic Employers Insurance Company This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. COMPANY LETTER TYPE OF INSURANCE GENERAL LIABILITY POLICY NUMBER A ® COMPREHENSIVE FORM LAB 26606 ® PREMISES—OPERATIONS EXPLOSION AND COLLAPSE HAZARD ® UNDERGROUND HAZARD ® PRODUCTS/COMPLETED OPERATIONS HAZARD ® CONTRACTUAL INSURANCE ® BROAD FORM PROPERTY • DAMAGE ® INDEPENDENT CONTRACTORS E PERSONAL INJURY AUTOMOBILE LIABILITY A ® COMPREHENSIVE FORM XIE OWNED �pII '/XHIRED ® NON -OWNED A • B C D EXCESS LIABILITY ❑ UMBRELLA FORM ❑ OTHER THAN UMBRELLA. FORM WORKERS' COMPENSATION and EMPLOYERS' LIABILITY LAB 26606 R S C C20578142 RSCC18146939 RSCC1814704A RSCC18146836 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Ash Street Improvements, Fayetteville, Arkansas POLICY EXPIRATION DATE 12-1-92 12-1-92 12-1-90 and renewals thereof until 12-1-92 Limits of Liability in Thousands 10001 EACH POLICY OCCURRENCE AGGREGATE PERSONAL INJURY / INCLUDING $ $ 1 BODILY INJURY PROPERTY DAMAGE $ PERSONAL INJURY, BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY (EACH PERSON) BODILY INJURY (EACH OCCURRENCE' PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED $ 500 $ 500 s 500 BODILY INJURY AND PROPERTY DAMAGE $ COMBINED Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 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. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72703 99343-2 108/89) DATE ISSUED: September 25, 1990 CsansAcid AUTHORIZED REPRESENTATIVE We, • ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND (\PAc— PMsf\s, fijc_ k CLi,.FL— ANc4OP: /� (State/whither individual, partnership NV I SIC N 1 Pt LOpLeo( On( , as Principal, or corporation) n/1 /(�� hereinafter called Principal, and usLe.NiC'.� OfM•p/ 1A OC Nbi-TR / //-4(\L LCA 1 , as Surety, hereinafter called Surety, are held and f' tt y and t - CITH .n t Fp 4_ ✓4E., ,.. - . _. Obligee hereinafter `hereinafter c lied Owner, in a amount of flft(ZT FouiL..-n-ooSAMO 3n£ 'IA504. uo i- $O/,00 ($34.17(0.2, 0 ), for the payment whereof Principa]]]l and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally firmly by these presents. Principal has by written agreement dted � entered into a contract with Owner for . �SR S'TR.tL_'T ittat oirts 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 Principal shall faith- fully perform the Contract on his part and shall fully indemnify and save harmless -Owner from all costs and damage which it may suffer by reason of failure so to do and shall fully reimburse and repay Owner all outlay and expense which Owner may incur in making good any such default and, further, that if 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 Principal and Surety, jointly and severally, under this obligation, subject to Owner's priority, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. This Bond is given in accordance with the following laws of the State of Arkansas: Act 368 of 1929, as amended, and Act 351 of 1953, as amended. No suit shall be brought on this Bond outside the State of Arkansas and no suit shall be brought on this Bond except by Owner after six (6) months from the date final payment is made on the Contract. The six month period of limitation is waived with respect to Owner and it is agreed that Owner may bring suit on this Bond any time before suit against Principal would be barred. • 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 Owner of any extension .of time for the performance of the Contract, or any other forebearance on the part of either Owner or Principal to the other shall not in any way release Principal and Surety or Sureties, or either or any of them, their heirs, personal repre- sentatives, successors or assigns, from their liability hereunder, notice to Surety or Sureties of any such alteration, extension or forebearance being hereby waived. PB -1 14, In no event shall the aggregate liability of Surety exceed the sum set out herein. Executed this day of NOTES: 1. 2. NSAS;� l�Ic __ .k (Princip 1)..:5p.7,.. -4 .,•••e � • ! By FRANKS LE JL.VE -tN- FAc-fiT,, . r This bond form is mandatory. No other form drill be acceptable: The date of the Bond must not be prior to the'date of the Contract: 3. Any surety executing this Bond must appear on the U. S. Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Arkansas. • PB -2 • Fe W CiSV p/ \ f^� �//\ ..-` /.\1/2/'\``icisu Once company 01 No$1I Ain er"Itd ✓. /i ; : / ATTORNEY % \d GGNA C°} Y 2 23 2 3 tiii li Knq a 1111611 by �he8B,pi688p([8: That INSURANCE COMPANY OF NORTH AMERICA a corporation of the Commonwealth •//'r; </n)ScPeiiney!vanta hevmg rte pr`ncipel oHwa in thltyetof Phdadelphla :Pennsylvema • pureuenttQM t1&1Ow{ng o ;��Resutlon adoptedby - the Board ol• , ore ' -of the`serd\Company on December 6 1983'tli wd ' - i � ` �/ \ � � � ` �, , :'"• ��! \ \ / .€ \ it M \ /j, / ✓/ 1, , •`\i/ \ < ^... k, j,\v/� 0;•Raar•.M• TMr pun Nm to Antoine its uW S,l or rM 9Y V • M• IWbwN9. .. Me49ewm IM •NCWgn M IM COMM/M.0 hoM•, 9M•rr•Rrq•: l•cP9nitMlcN com •cu 1rM xbr;noda.40 MO , "," % •"".",:11,7\ v , ; r -...:‘,,....„2„,v.„7„,....,,,, \ \\ � ". . `. �, any /i \\; 1. ny M i.m 4,..„.,,,....„ /- \ ii . .. s u \, I o . n, •...../../....... & \./,.. I. /n y,, IDe. 1M Pw id• r any c.caan . •SE10 CO any VIgs P 01•1014.041400,04,-the •dmU: Mr A•• alh. win ob • 1'd wha An in'. y .mar ,roar• c a.r m been m IM CMomatt S+ •Map r'd m. `r I•/ \ .. •, •-/,os 01 %h •nOdpT NKN`9M1neM MdpMN crnb9a IM MI io Vc.m lM aall!e lO b••Malad whin notate/my M1V .PrOmM•SY*y appoint mNYaM4 leant'--OtIi elan •MMaS 72.V..../ /4r •M o irM dor%zoty IMay "Mole and .Mat+,-atmfl Pr• bllanb Sento Y P eN. ac • y Vint PnaNml m any An•NI•M Vice Pnagml mar appoint ant tNMr'r• M mpai OHI t teMtN or'$$CC55 /\ ,, appeMryl 0a1M CompMy ant-AnomN•dn-hpld w • •cWiTr anNl lP thi ttecnnpn�el all.•uch,wr Ipe pn bNNM'm MI CampanY And to entail IM omit of Ma Company Man"P r.47!./...,.\7,,,K/. -.....y \.�\ \ Aur a pp mop a •cored m accmaana• wdh MM RWN M!aN'MSe Mdno. upon., .Company in, any cast ma omega signed by tM rreaeant and annly mEy rLirnatporil 9ametat • S///^ ' g' ! p p wa p fMf b.. t e. •and 11 s g .hsr• Vn m,rVkd P c.t •rid i •n AN t m V om Pie�ld•M d M•'wW d" IM Company 1 e a. 01 by LLnund• on any power off elrpnray / ,,/./ Z�\ jr pan ci Owaoam ro tjq 1 SMIon Nd IM •1pnalu i m • bMXying Onm•r and Ms nal mono Company may ea May et' ycaim- M any a ddICM m any Ma pe a snit Ny mi/h power ep. CI ieek ^\✓� aMdman beaiep tont 1awhNlo *toasting. sad Neel shad be 1011d and binding on IM Gamy m S daialaain '.,".t L,- arch *Mau Olhuna 01 IM Comp. y M AIImny'Nfam an IIONe authority to cdify at Utility cootie of thl R deactIOn; Mit Birlanta*1 the Comp•nyl and any **drib or fcod010.Company. ■ //`\/�'\ , \NN!•ry'Io tM dlMa 9• of lh i d i N - /^. /� ',"/ :'.. J ,, - r \ /. \. IS' //\✓/ ?Pis png9• o}•ri e Rom l on dodo notcarob* any midmr loth. raM d by RNoIWmn W tit: 60:4 m OireMors ado pi d on June o 1053 May 21. 1275 •M does hereby nominate consfute a sit, a ppolntHON,P#LD;; R HENDERSON%y JUDT"FRANKS SUTLER, ,>JACK FRAMER, �-•//•••••SHERMAN R^;MOORS.and MARY GARDNER .ail oP the City.'o P • Little'Rock,State/of �,'! !r Arkansas -- --.- -- --. - — -- — --- -. -. / ✓/�vA✓ A `: _,A AA ' `' A V i A/ • / //�• , ✓ � / Wro.ri its true and lawful,agent and attorney m fact; to make execute seal and deliver -for and on its behalf, and as ds act deed any ' and.C.a1I Bonds s;Undertak.inga, LIMITED,in-amou'nts,.TWENTY. F.IVE;;;MSLLION: 7 ($25.i.00o.:OQtr onbeha'1-f• .of APAC-AXk ansas,•,Inc--.and_ APAC—Nis sissippi,',-.Inc • 1• / •.cn/`. and APAC Tennessee`. Said Bonds•., Undertakings• to,:be signed S•on .the j> Oa Company. and -the Seal of,"the Company-attached.,thereto by"anp oneb£ the -,<; m- --. j 'said' Donald R Henderson,.Jndy Franks.. Eutle r ;-:•Jack Ramer.,;%••. n R - ',../%13.), 1 Moo;e\and' Mary�GArtinEr,ind>_vidually l/ nt f/" And the execution o1 such wnlmps'in pursuance of these presents shall be ae bindmg Priori's -aid Company; as fully and amply as if they had z'.,, C ... • \ -,, been duly executed and-acknowledged'by7he regularly elected officers of the Company el Ife_pnncipal office -' " '= N ;IN WITNESS WHEREOF,- tbesiid R E: Giveans ' Vice -President; has :hereunto'subscribed hie name -and_ affixed the ''2 Nct3`-� corporale seal of the said INSURANCE --COMPANY OF NORTH AMERICA this - - • ' • '5th; - • •• '•- - day of d • Viz September: • - - ..1g, : 89 .•,; _ - g 9.1:•:&13, t9 a p ' 40 zo •. m • . INSURANCE`COMPANY"of NORTH AMERICA F. •. ma COMMONWEALTH. OF PENNSYLVANIA - ?% R. E GiVEANS mce President I COUNTYOF-PHILADELPHIA . ;-SS• _ �,_ , "-%.On this ' • ' '51h dayof • •September A.D:19. 89 • before the subscriber.a Notary Public of..tr IL , the Commonwealth of Pennsylvania In end tor the County`of Philadelphia duly cornmissloned and Qua!iried, came R -.E `Grveans,, Vtce._ •.c President of the: INSURANCE'COMPANY'OF NORTH AMERICA to me personally -known lobe thelndwiduel and office, described in. and ,' who executed the -•preceding instrument; and he acknowledged the eaeculioo-ot the'same and::being by -me. duly sworn;'deposeth and , co .co sailh. that he is the ofhcer'of, the Company, aforesaid, and that:the seal.afbxed to the precedmg:instrument is the corporale seal of said 0:. c - Company. and the said corporate seal ar rind signature as officeware'duly affixedrand•subscribed to the said instrument;by the authority E":� • and direction of the:satd:corporation. andahst Resolution. adopted by the Board-ol Directors of said Company, referred to in the preceding .11 • xAh its 1°41. 1\0 h.all ar•C. rrM •%,:c4 .4%11 ,1: M.C. -; ✓.\;k,i e whtch•Ue. lc o aye, /. r: r 1 have hereunto set my hand and.affixed my official seal,at the City bf Philadelphia the day and year ;1. • Gv/ :•A, 1* ••r . . •i,n:✓n\jNotiry'Public L' \ j gni `�/ •�, \ \ Y v / i c.:: MpANY OF NORTH AMERICA do herebycerbfy Ihat the originaI POWER OFATTORNEY:-ot • • • 11foroe•uta. effect :- i2 \�%\••T•;,,,••• ; �- //� .••• �'/!Q'j ^\,j /. . - A ix - .or v ate s a.� • e/ ';A. /v • 1 my. neme'as Secretary' and �atflxed the corporate \sealof the'Corporallon this day of \\ l ` NOTAF IAL SEAL /; i ✓i1 r`\: j' �:nu��'"' ./i/ \\'. 'C'�, A/', „Phdadelphla P}ldadetph!aCounty`/ ,A ' nm"s .°/Exp,res'A gust,20;a.9g0: ��\u .\\-%`` ^ :y. -, F -\\/__ . . • 1;.,k14::::? 1 • S -,3364a THIS POWER OF ATTORNEY MAY NOT BEit:SED 7'0%v ECUTE AN_Y B,4ND W1`H.ANANGEPTION DALEa4F • \\ �i / ' /k72,•:1,#".•:; i^. j \\�/\✓i\v/�/" \\ii^'V /\\i��\�iw�\'/^\��/� //fin\:v � ' / V /, � ,/\0/- / A /�A// '✓/VA��\V� i/,�V•/i'��i/A�" VA%/�/ �• � 1 / �!L�;i/� \a \/ y, \ice•(%\ - -‘"2- _-_\\/ '/ _// \/? /moi c:% ✓rj �\ \ / v/l r >// `.,.'. ✓ /\, -)17.‘"•‘ ✓j .✓/` ./i•�\, �,–/1.raaa4 ,...n� \s w..I PROPOSAL (BID FORM) Place 1"r.`Ig'It'1tu4 ctrl AMA - ' Date SE?l$Mt3ER, 14)1990 Proposal of ADAC. (iiCKAiIs&St ING, = jq� CUrJiotJ -kwc.+a& Dtvt.stot4 a Corporation organized and existing under the DCLAW AK.0 Proposal of a partnership consisting of laws of the State of Proposal of an individual doing business as c`ity.Of Fayetteville 113 W. Mountain Street Fayetteville, Ark. 72702 This bid results from your invitation tor bids for street and drainage for Ash. Street• Improvements. the undersigned bidder having visited the site of the work, having examined the Plans, Specifications, and other Contract Documents, including all Addenda, and being familiar with all of the conditions relating to, the construction of the proposed` project, hereby proposes to furnish all material, supplies,; equipment, and appliances specified for incorporation' into the project; and to furnish all labor, tools, equipment, and incidentals to complete the work in accordance with the Plans, Specifications, and other Contract Documents at the price stated herein. This price is to cover all expenses incurred in performing the:work required under the Contract Documents of which this Proposal is a part. • the undersigned bidder agrees to begin work within ten(j.0) calendar days after issuance by the Owner of a "Work Order" or "Notice to Proceed" and to complete the work within 6Q calendar days thereafter. Should the work fail • • • to be completed within the time herein stated, the Contractor shall pay to the Owner as fixed and agreed liquidated damages and not as a penalty, the sum for each day of delay until the work is completed and accepted as stipulated in GENERAL CONDITIONS of these Contract Documents. It is understood that addi- tional time for the completion of the project is to be allowed only for delays as stipulated in GENERAL CONDITIONS of these Contract Documents.. bidder acknowledges receipt of the following addendum (addenda): The undersigned bidder agrees that this bid shall be good and shall not be withdrawn for a period of thirty (30) calendar days after the opening thereof. If written notice of the acceptance of this Proposal is mailed, telegraphed or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this Proposal is withdrawn, the undersigned agrees to execute and deliver an Agreement in the prescribed form and furnish the required Performance and Payment Bond within ten (10) days after the Agreement is presented to him for signature. It is understood by the undersigned bidder that the Owner reserves the right to reject any and all bids. Accoiapanying this Proposal as bidSecurity is (certified check)(bid bond) is the amount of 5% lb aulariGl Dollars ($ ), being not less than five percent (5%) of the total of this bid. If the undersigned bidder is the successful bidder but fails or refuses• to execute the Contract and furnish the required bond within the prescribed ten (10) days of the notification of award, then this bid security is to become the property of the Owner as liquidated damages for the delay and additional expense to the. Owner caused by such failure or refusal. A,PAC-AttCANSAStjNG. M-`cu+rbnt-P c0.z>w; (Witness). U (Name of of BBidder). Zoo i4oCG'111/4: (Sub UL By 4.• (;ate cktNtwlr /a04. -- (Address) SEAL (If Bidder is a corporation) . Notes: Sign in:ink. Do not detach. Items must be bid upon as specified in the Unit Price Schedule. fMES R.. CO1-.E vic15• FzEsiDrTT (Print Name and Title) 240 Nott -Fl ( Due=P,o.BoX 136-1 FA`tC i EVA. -Le fVL -tL-roz� (Office Address of Bidder) P-2 QUANTITY 2 each 40 L.F. ASH STREET IMPROVEMENTS STREET & DRAINAGE INSTALLATION FAYETTEVILLE, ARKANSAS UNIT PRICE SCHEDULE 'ITEM DESCRIPTION;„ Clear and shape .Curb Inlets` 18" C.M.F. Drainage Concrete Curb & Gutter UNIT PRICE WU% Right of Way Restoration Ci nc Wins. 4- D r: rewc015) Sub -Total Amount Base -Bid `.ALTERNATIVE is ALTERNATIVE 2. ' 1. 1585 BID SUMMARY Base_Bid-& Alternative 1,. :Base Bid & Alternative -2. dicta- - 5oReoW U /ado Pee le-P2.aeE AMOUNT $ /,300.00 - $ -Z iciu $ z5.00 s /,000,00 $_ 5.90 . $__61178o _ $ .z450.0O _ _ s °M50.00 Final Grade; .Subgrade Compaction; 6" SB -2 Base installed & Compacted; Prime & piace,2".ACHM Final Grade; Subgrade Compaction; 2" SB -2 Leveling. Course; -.6". Concrete•according to Specifications ,$ /1, z eo_ _ No SIP $ /do 13/0 $ 5d,74a8D_. s Q1Q_J�1L?_ A.I.A. Document No. A-310 (February 1970 Ed.) " AM ,119 Sedgwick James • Sedgwick James of A Kansas, Inc. 900 S Shackleford Road, Suite 600. PO B x 51 , Little Rock. Arkansas 72203-0511 Telephone (501) 223-3111. Telex 536249. Facsimile (501) 223-8461 -• KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, hereinafter called the Principal, and BID BOND APAC-ARKANSAS, INC., McCLINTON-ANCHOR DIVISION INSURANCE COMPANY OF NORTH AMERICA a corporation duly organized under the laws of the State of PENNSYLVANIA `as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72703 as,Obligee, hereinafter called the Obligee, in the sum of Five Percent of the amount of.bid Dollars ($ • far the payment of which sum well and Truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. firmly by these presents. WHEREAS. fhe Principal has submitted a bid for Ash -Street Improvements NOW. THEREFORE, if the Obligee' shall accept the bid of the Principal and the Principal Shall enter into a contract with the Obligee in . accordance with 'the terms o1 such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and mateial furnished in the • prosecution thereof. or in the event of the failure of the Principal to enter such contract and give such bond of bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid. then Ihis obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this - 14th day of September A.D, 19 90 APAC-ARKANSAS, INC McCLINTON-'ANCHOR tY2 e/� (Principal) (Seal) l >�4& . (Title) Vice President RANCE COMPANY OF NORTH AMERICA Surety) (Seal) )1;LA C.R.-• - r\nks Butler - Attorney in fact •5.: N.'0V.iV4'i fir" : ATTORNEY / \-/; k• //•S `. .• \ • I% /• 'ii. MJF ``1/ �.., .. Y^`';:k.-'7.::c.1(,n.../>;;;;.-/w all man by;these presents. That INSURA FICE COMPANY OF NORtH AIfIERI CA, a cotporailoe of the COM'monwealth . o1_ ettFe lvania, hav n its nncl al offlie In the Cil of Philadel Na Penne Ivanie;- ursueht toahe tollowin Resolution adopted bythe Board of ,,. Y 0 P P Y P Y P g P /ice` Direclbra of the said Compeny lit. December 8,;1983 to wit,/ . §�;/ t ., z _ "`„ : , ✓Q .: gall \{,'i ` 'q \Jj \-�,\..!. :. '\ .. , ,\.,, I ▪ / RESOLVED, Mit 'pint/one Ankle.*1e emitt 011M 9> Lare: IM lelhrmb aul.k w.b email lM ae<ut pier alit Cemlury al bond• Undrrnklnpe', r•eeenli•ncei. contracts ind other i//.\ rinldYS In the nnure thmof:=rte::.:.‘,/,`,-.::::"...:-.,,,- 7L 1 .2:: �(2.\: ,..., ♦ ..::.r:,CC„ . S•. , t: r ":_'t: : 1 ✓ . • •• r ••e ••• . 5r ••• • In.• 1.•• ••r • • ••• '•r lees e•• •w 1 e•• , •• e• .••• r r. ••.. • •. •• 'DWI •• . • r on behalf M,IM Caapr.I any and all handl, ▪ .••••••• •.: r• a •••• •• •ed . ••• • •d• •e, r. •• vie.. •e•••••^1• • h rose g• .•u•e . • • • ,.:•• n••• r:; or• A•N•t•n C• M o other leper (el and or ••11 eer f '••• •r• V and Ala r •In .a• et • •7. 'e• tI• Ito r• pt' • 1 •'•e• hag • • •Amos • • .• •fe y10 •ft Md eulhorto h• Copan t.ereto or •• ▪ •'••r of the CamWN end Ananry• InF.C(lo.b i wasp?tlNt to IN • •2Vdb11 o/ell •whinitMp• ee b•h•q dt IM Cornp.nY,end to ens IM seal or IM Company tn••o. • am/ e rI1hiaiii lted h .<eeil.ke. rill In•si Aibn e, N N M imdme epei er fieri yin i4 cu• s IM•en' igned /y IM Pre•. rt and ONUS to by I. Corporate Secretary. 11 ii.eee• �� • (i) \J/ t,if •I,d wrilel Ilia P a Ri I er�M'd 11 .I PIHartt•a/.'YvIe•OtAc.i Md 1 M kt6N1•hn PrMWMI ud is' uii pr Iln Co'io•ny mry be sewed tij hehilnib do enr low• al shorty • ,� , ;et•nl•d Iwr•e•et 1• Ihb R a.Imd h: end IM •M...• a • b* vjtJae Oak• and the P•10l IM Canlinm. mot 01.•reeedeyhe Igmlh to MY <Mlrtc•b al anY,•uM para. and any such pore, p .11..t:/,•T:4:1,,.1::'....:), ,, ,/ ,/ e•dMote beanie wen Naii.14 .gnehn .M u•I fhol be ve4d add DMOMe o4 rks. r. -, y \ / - -, _ - �... I / \(at �%' Sieh otba OThc.rtet iii Ca' ay;sod*lteneye McFwl ehwjtnb itith&$Ibt4nlh a ye�N w$Nb of:INenewldlIe.1lhe ayL•r.a4 tn. Company eM•I •1Iid.Wt a record of the Cauchy -1 / . i n•<uurytb IM dhen•rp•Si114i1,dWN• , ;a j .. 1 /f -<;,if //j, th. atilt. pi IMi Na.dNilbll doLnel r•vdk.lny.Ullhr uMoilly9,.nli t by ir•7dWIPoM e11M baled el buwlaa •dent/d en Joe 9. IS$S flit' 28. %cera end March 3] ipr.' dost:hereby.naminate.:conatiluie and eppetdtDONALD%4R/ HEND,L3lSON. JUDY:2RANKS' Btt.LERi JACK 'RAMER 1 . ,;..SHEf2MAN R . MOORf and MARL rsAKIJNRR. gLi bt tilt City of Li't"t leRock;, State of f�naArWsa 'VJ • its true and lawfulAgentand attorney-in-fact, 10 make; execute, seal and deliver for end on its behalf, and as Its del and deed a ny .and:. all. Ronda -& Undertakings;:;LI$TTED.in amounts,, TWENTY EIVE MILLION • ($25;•006,00O1:,..oit• behalf •of,,APACa•Atkan'sas„ :Itici- and APAC-Mississippi, inc ,and., APAdz- T.ennessee,,,.Said lion Utide'rtaiing's t� be.. signed for the Cotnpatiy •the:Seal of.;itk esCompy<. anattached •theretri` by any: one of the -� 3 rAn ' an'd .. said .DoaldJ`R',, He'nderson', ;iudy, Franks ButleYr Jack Ramer, Sherman R. od (1)' ,M6ore :and Mary,Garsiiler,indiiiidiiall`y .•` f,. / i% •. E` •And.the exedution ol'such writings in pursuance of these presents shall betas bindrup upon said Compaq, es hilly and imply as 11 I(Iey had Lo C' �:. .0 Or. .: been duly executed. end.ackaowledged. by the regularly elected oflliera.ot the Company at its •principal office. • : IN WITNESS, WHEREOF, the said R. E.. Givearis,-Vics•President,rhes .hereiinto•-Bubscribed hie name and affixed the corporate Beal of the laid INSURANCE COMPANY OF NORTN AMERICA this. ' • -6 •_!:.. 5th ' o �. . ag Co • 0 ID Pr w i. CO > lir 0. v n'. C 1 O O 0 to▪ - to- day . day of • September• 19.': 89\:;::// •,.!^*,.,, INSURANCE' COMPANY OF NORTH AMERICA •• COMMONWEALTH OF'PENNSYLVANIA -- : COUNTY Or PHILADELPHIA - ,r ea, On this • 5th• day'ot September =-% A D 19� 9 before the skbecriber, a Nolary Public of the Cornmonwaatlh ol.Penneyllieiia m end:fer the Couiity,-M Pftiladelphie dulj cOhtri lesioned and quahlied; came R. E. Giveans, Vice= President of the INSURANCE'COMPAN# OP NORTH Mist:mit knbwh to be the andiwdual aha attics,. described in, and Who executed the predsdlsg Inatrumdnt i Whe eek4iedli?! ne' ihe'e;re tart& •of •GF-ryw A +„aeinO by me �dul¢ sworn- daposeth and •eadh thit.,he to Iha otkeroi thi'Compaity A'orastid and Iasi ::•e sear affixed to t+M n i•ed •y Ytfihttrttelb t ,lbi cbrtfo`rate seal Of said': do w - . ,..... 0';C' ' . mp y; end Iho'e\.eld'corporate seal end b•+ •• ranntave nal ^Y rer were C r nibs Pd 1.“'1 ern + r rerl to iheseid lnetrumeht bylhe authority R. E. GIVEANS, Vice President end direction of the Mid corporation, and that Resolution adopted by the Board of Directors of said Company referred to id the preceding 1511' metra` dA” t `y/fWEREO, 1 have he• releb•iet m y fiand and`elixed my L(ficiJll weal at fhb Cdy of Philedelphla the tleY and year . .fiat atroktagaii 1 �i /t i▪ nv^�j //,\�r: \` �n\� ; �`�/ear ✓ n _{.. / — s= ti� , r 4° i re e•� } • 7`\\ '!/ ;<�ti '^. / \ �%\\ • J/ f/\t Notary PUblitt. •\\ \ �f/yam _ .l\•�f`.//\ %e unti viµ,,, 1 ;a�:.va I• r r' INSURANCE COMPANY OF NORTH AMERICA. • le•nl:, ,'• I e •ha• '•r• •• •Egli POV/EP OF ATTORNEY; of which the Cort i a{fi'+ .• '. •• r' P •. i+ ..1,.. r .I,, .. ,Lit: r ; , hr e r .r;,.. f \..;..,. �1i1 wn j �6fl1'o47r= `C . 1.\�` It, •._r Ps •,f•,,.•1 ^o ;: re .r,i1.. h..ikAoiporetiorf attics ,`..%. / r/':• .11,.”'"'m ._...•I I•.. _ _.. .• - •.+',:it 1.1:.1 of, .. :• .9; \'. ['. \Ni/t•.;, 'i/r �9;z.: ' •. • ^,fir \.// . / • . `' _\. > ,;i•;L. , • I ��;/f -7,,,;,:,•:+:2; .Y•r,. u •,Iti+ll rh1!•Yii_lP /.\ce,,1•s.•... , I .13 011..1 v //.'M. .\i/. �..:.��.. ` 5- ./:. ' Mi Cl.: rn:.,1'I i.* ..1t y •:SI Jf1150 1.. . Or: Al u:p ;.11,;1'\'1 WN NW' 11111,•^1-D'O rSCC::`r A•re lil:•.f: VIS'I•. Aa •.r'rP1•"Y 112.11. '1'111 rral, :'1 , , . •1i C,l. da..— amenlarilMIS. 1 1 1 1 1 1 1 ASH STREET IMPROVEMENTS STREET & DRAINAGE SPECIFICATIONS FAYETTEVILLE, ARKANSAS PREPARED BY JORGENSEN & ASSOCIATES CONSULTING ENGINEERS FAYETTEVILLE, ARKANSAS SEPTEMBER, 1989 II ' TABLE OF CONTENTS 1 1 1 1 1 1 1 PROPOSAL (BID FORM) UNIT PRICE SCHEDULE CONTRACT PERFORMANCE AND PAYMENT BOND GENERAL CONDITIONS SPECIAL CONDITIONS TECHNICAL SPECIFICATIONS SECTION 1- Excavation, Clearing & Grubbing SECTION 2- Roadway Construction SECTION 3- Storm Drainage SECTION 4- Testing • 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 NOTICE TO CONTRACTORS ASH -STREET IMPROVEMENTS Fayetteville, Arkansas ici 140, go -410 • Sealed bids addressed to the City of Fayetteville, 113 W. Mountain Street, Fayetteville, Arkansas 72703 will be received by the City of Fayetteville purchasing department on September 14th, 1990 at 10:30 a.m. Said bids will be for the installation of approximately 515' of street consisting of 1042' of curb & gutter, 1585 S.Y. street, 40' 18" CMP and miscellaneous items as specified and detailed on the plans. Said bids will be opened a the bid time stated and publicly read aloud. Bids shall beiaccompanied by a cashier's or certified check in the amount of not less than 5%.of the total maximum bid price payable to the City of Fayetteville, or a bid bond in the same amount to guarantee that the bidder will enter into a contract and execute performance and payment bond within 10 days after notice- of award.. The successful bidder must furnish a performance and payment bond upon the form provided in the amount of 100% of the centract price. Construction plans specifications and bid documents may be purchased at the office of Jorgensen & Associates Consulting Engineers, 2863 Old Missouri Rd., Fayetteville Arkansas, phone 442-9127. Price for plans and specifications is $15.00 per set and no refunds will be made. No PA% l2 os 44 EP'rEO 1 1 1 1 1 1 1 1 NOTES: 1. Bids must be submitted upon all items in the Unit Price Schedule. Partial bids will not be considered All extensions of the unit prices will be subject to verification by the Owner. In case of discrepancy between a unit price and its extension, the unit price shall be considered the bid. • 1 1 1 1 1 1 CONTRACT APAC-Arkansas, Inc. McClinton -Anchor Div. �y THIS AGREEMENT made this /ik,.tc day of /.7510 by and between( a Corporation organized and existing under the laws of the State of Arkansas). (a partnership consisting of (Strike out the two terms not applicable) hereinafter called the "Contractor" and - Cicy nt kayetceville. hereinafter called the "Owner." WITNESSETH That the Contractor and the Owner for the consideration stated herein mutually agree as follows: 11 supervision, technical personnel, labor, materials, machinery, tools, ARTICLE 1. Statement of Work. The Contractor shall furnish all equipment, incidentals and services, including utility and transporta- tion service and perform and complete all work required for Ash II Street orarainage :..in strict accordance with the plans and specifications attached herewith as prepared by the Engineer. ARTICLE 2. The Contract Price. The Owner will pay the Contrac- tor because of his performance of the Contract, for the total work performed the lump sum price and unit prices as stipulated in the Proposal attached herewith. Said lump sum price shall be full com- pensation for all work performed as detailed by the plans and shall include all incidentals. Said price shall be subject to additions or deductions as follows: The owner may make alterations, may change the work or omit from the work covered by this Contract. Charges or credits for this additional work (or ommision of work) shall be based on the unit prices stated in the Proposal provided the additional work (or ommision of work) is of a similar nature. It is agreed that this additional work (or ommision) shall not void this Contract). Completion of this project shall include a final inspection certification and certi-' fication that all subcontractors and/or suppliers have been paid for all work or materials supplied on this project. ARTICLE 3. Contract Time. The Contractor agrees to begin work within ten(10) calendar days after issuance by the Owner of a "Work Order" or "Notice to Proceed" and to complete the work within 60 calendar days there after. 1 1 1 1 1 1 1 1 of 1 1 1 1 1 1 1 ARTICLE 4. Contract. The executed Contract Documents shall consist the following: a. b. d.. et. This Agreement and Proposal Drawings and Specifications Final Inspection Certifications Payment to subcontractors certification General Conditions & Special Conditions This Agreement, together with other documents enumerated in this ARTICLE 4, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, form the Contract between the parties hereto. In the event that any provisions in any component part of this Contract conflicts with any provision of any other component part, the conflict shall be resolved by the Engineer whose decision shall be final. ARTICLE 5. Surety. The Surety on the Performance -Payment Bond shall be a surety company of financial resources satisfactory to the Owner and authorized to do business in the State of Arkansas. IN WITNESS WHEREOF, be executed in three (3) original, on the day and 1 ATTEST: 1 1 1 1 the parties hereto have caused this Agreement to counterparts, each of which shall be considered an year first above written. APAC-Arkansas, Inc. nArriintnn-Anchor Div. n4 aa41sa$,jzley Ned /m-ArharOw/jinn Co BY CIL,nt4% 4.?i t, Title W/el .2 ewa'eitit7g2 .. PD. 130C 367, 24,E Hog% 'i.3yack �f2eef (Street) , Ab,Fi ALMA 7Z '70 Z. "" s (City fPv, ge (Owner By: a�e��e e(/ Yt//Govr? V. Al v- ./.7 f/Qyor 1 11 1 11 1 1 1 1 1 1 1 1 • • ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND We, (State whether individual, partnership or corporation) hereinafter called Principal, and hereinafter called Surety, are held and firmly bound unto , as Principal, , as Surety, Obligee, hereinafter called Owner, in the amount of ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated entered into a contract with Owner for . 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 Principal shall faith- fully perform the Contract on his part and shall fully indemnify and save harmless -Owner from all costs and damage which it may suffer by reason of failure so to do and shall fully reimburse and repay Owner all outlay and expense which Owner may incur in making good any such default and, further, that if 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 Principal and Surety, jointly and severally, under this obligation, subject to Owner's priority, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. This Bond is given in accordance with the following laws of the State of Arkansas: Act 368 of 1929, as amended, and Act 351 of 1953, as amended. No suit shall be brought on this Bond outside the State of Arkansas and no suit shall be brought on this Bond except by Owner after six (6) months from the date final payment is made on the Contract. The six month period of limitation is waived with respect to Owner and it is agreed that Owner may bring suit on this Bond any time before suit against Principal would be barred. • 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 Owner of any extension of time for the performance of the Contract, or any other forebearance on the part of either Owner or Principal to the other shall not in any way release Principal and Surety or Sureties, or either or any of them, their heirs, personal repre- sentatives, successors or assigns, from their liability hereunder, notice to Surety or Sureties of any such alteration, extension or forebearance being hereby waived. PB -1 1 1 1 1 1 1 1 1 1 1 In no event shall the aggregate liability of Surety exceed thesum set out herein. Executed this day of • (Principal) By (Surety) By , 19 NOTES: 1. This bond form is mandatory. No other form will be acceptable. 2. The date of the Bond must not be prior to the date of the Contract. 3. Any surety executing this Bond must appear on the U. S. Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Arkansas. PB -2 1 1 1 1 1 1. 1 1 1 1 1 1 1 1 1 1 1 4 GENERAL CONDITIONS GC.1 CONTRACT DOCUMENTS Al1.Contract Documents including the following; Bid Form, General Conditions, Special Conditions, Construction or Detailed Specifications, Material Specifications, Contract Form, Performance and Payment Bond Form, all other documents bound herewith, Plans, bound herewith and separately, and all Addenda are essential parts of the Contract. GC.2 PERFORMANCE AND. PAYMENT BOND Promptly upon execution of the Contract, the Contractor, at his expense shall furnish the Owner with a surety bond in the amount equal to one hundred percent (100%) of the Contract price, issued in quadruplicate by a corporate surety acceptable to the Owner and authorized to do business in the State of Arkansas, signed or countersigned by an agent of the surety resident in the State of Arkansas, with the issuing agent's power of attorney attached to each copy of the bond, which bond shall be conditioned for the faithful performance of the Contract and for the payment of all labor and material bills. The bond shall be in form and substance identical to the form which is made a part of these Contract Documents; that bond form is mandatory. However, the terminology expressed in the bond form is not exclusively determinative of the surety's responsibility; by the issuance of the bond, the surety shall be liable for any failure of the Contractor to perform in accordance with the Contract Documents, including initial or corrective performance and including payment of liquidated and consequential damages of the Owner, if applicable. The liability of the surety for the Contractor's breach of any requirements of the Contract Documents shall continue as long as the Contractor's liability continues under the Arkansas Uniform Commercial Code and other applicable law. The date of the Performance Bond shall not be prior to the date of the Contract. GC.3 AWARD OF CONTRACTS Bids will be considered on the basis of the total price given in the bid forms. The bidder to whom the Contract is to be awarded will be notified in writing within thirty (30) days after receiving bids of its acceptance of his Proposal. The Contractor shall complete the execution of the Required Bond and Contract within ten (10) days of such notice. GC.4 DEFINITIONS The following words, or pronouns used in their stead, wherever used in the Contract Documents shall have the following meanings: GC -1 '1 1 1 1 1 1 1 1 1 1. 1 1 1 1 1 1 • "Contractor" - shall mean the individual, partnership or corporation entering into an agreement with the Owner to perform the work covered by these specifications and his or their authorized agents or legal representatives, and pronouns he, his and him shall refer to the Contractor whether an individual, partnership or corporation. "Engineer" - shall mean the person designated to act as Engineer for the Owner or his duly authorized agents, such agents acting within the scope of the particular duties entrusted to them.: The words "directed", "permitted", "ordered", "approved", or words of similar import shall be understood to refer to the direction, permission, orders, approval, etc., of the said Engineers. "Sub -Contractors" - shall mean the individual, partnership or corporation entering into an agreement with the Contractor to perform any portion of the work covered by these specifications. "Work" - shall mean the furnishing of all necessary labor, tools, equipment, appliances, supplies and material other than materials furnished by the Owner as specified to complete the construction covered by these specifica- tions. "Surety" - shall mean any person, firm or corporation that has executed, as Surety, the Contractor's Performance Bond securing the performance of the Contract. "Plan" - shall mean the Drawings which are a part of the Contract. "Contract Documents" - shall mean all papers bound is this copy entitled Specifications and Contract Documents, together with the Plans which may be separately bound. • GC.S INSURANCE Before any work is commenced, the Contractor shall furnish a certi- ficate of insurance addressed to the Owner, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance BudJly Injury Liability Property Damage Liability GC -2 • $500,000 for each person injured $1,000,000 for each accident $250,000 for each accident $500,000 aggregate