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HomeMy WebLinkAbout189-90 RESOLUTION• RESOLUTION NO. 189-90 A RESOLUTION AWARDING BID #90-55 TO THE BUILDINGS, INC. FOR IMPROVEMENTS TO THE AU INDUSTRIES, INC. FACILITY (FORMERLY ABILITIES UNLIMITED, INC.). 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 with Buildings, Inc. in the amount of $74,485.00 for improvements to the AU Industries, Inc. facility. ' The Community Development budget will provide $74,000.00 for the improvements to the facility and AU Industries will provide any cost over and above the city's contribution. A copy of the bid tabulation authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 20th day of November ,a tri' s. �✓ 4.71:7ATTEST: cr la2aN�cv,� Cite rk - .• .. • • • , 1990. r, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SITE AND BUILDING IMPROVEMENTS FOR AU INDUSTRIES, INC. 1102 HAPPY HOLLOWOROAD FAYETTEVILLE, AR COMMUNITY DEVELOPMENT DIVISION CITY OF FAYETTEVILLE BID NO. 90-55 SEPTEMBER, 1990 1 1 1 1 1. 1 1 1 1 1 1 1 1 1 1 1 RESOLUTION OF THE EXECUTIVE COMMIT I'EE OF THE BOARD OF DIRECTORS OF ABILITIES UNLIMITED OF NORTHWEST ARKANSAS, INC. WHEREAS, the Board of Directors of Abilities Unlimited of Northwest • Arkansas, Inc., has previously authorizedthe•apphcation for Community Development Block Grant Funds for the purpose of making certain improvements to the facility 1 M"9 5 ' - operated by Abilities Unlimited of Northwest Arkansas, Inc.; and _ t WHEREAS, the City of Fayetteville has previously contracted with the Board of Abilities Unlimited of Northwest Arkansas, Inc. and has agreed to grant the sum of $74,000.00; and— i WHEREAS, the City of Fayetteville has been provided specifications by Abilities Unlimited and has advertised for bids for the construction for the necessary improvements consistent with the grant of Community Development Block Grant Funds; and WHEREAS, two bids were received and the low bidder was Buildings, Inc. of Spnngdale, Arkansas; and WHEREAS, the Executive Committee of the Board of Directors of Abilities r Unlimited of Northwest Arkansas, Inc., is authorized by its articles of incorporation and its by-laws to act on behalf of the Board when the Board is not in session; and WHEREAS, the Executive Committee of the Board of Directors Abilities Unlimited of Northwest Arkansas, Inc has reviewed the bid proposals. NOW THEREFORE, be it resolved by the Executive Committee of the Board of Directors of Abilities Unlimited of Northwest Arkansas, Inc. to accept the bid of Buildings, Inc. of Springdale, Arkansas to construct the improvements as per the specifications and bid documents. BE IT FURTHER RESOLVED that the Committee, on behalf of the Board of Directors of Abilities Unlimited of Northwest Arkansas, Inc. requests that the Board of Directors of the City of Fayetteville place this matter on the Agenda of its next meeting and accept the low bid submitted by Buildings, Inc. PASSED AND APPROVED this 9th day of November, 1990. ATTEST: agaai Claudia Smith, Secretary EXECUTIVE COMMITTEE OF ABILITIES UNLIMITED NORTHWEST ARKANSAS, INC. Charles Harwell, Chairman 1 1 1 1 1 1 1 1 1 1 i 1 1 1 ADVERTISEMENT FOR: BIDS Bid No. 90-55 HUD 4238-A (5-66) (Rev. 9-89) OWNER: AU Industries, Inc. - One sealed bid for Concrete Work, Site Improvements, and Improvements to the AU Industries, Inc. Building will be received by: City of Fayetteville, Arkansas Purchasing Department Office, Room 307 City Administration Building 113 W. Mountain Fayetteville, Arkansas until: November 7 I 1990 at 2:00 p.m. 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 locations: City of Fayetteville Purchasing Office, Room 307 113 W. Mountain, Fayetteville, AR AU Industries, Inc. 1102 Happy Hollow Road, Fayetteville, AR Copies may be obtained from the City of Fayetteville Purchasing Office upon request. The Owner reserves the right to waive any informalities or to 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 requirements 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 Funds have been allocated for this project which is to constitute 100 percent of Federal Funding. No Bidder may withdraw his bid within 30: days after the actual date of the opening thereof. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD 4238-B(R) INFORMATION FOR BIDDERS 1. RECEIPT AND OPENING OF BIDS AU Industries, Inc. (herein called the OWNER), invites bids on the form attached hereon,, all blanks of which must appropriately filled in. Bids will be received by the OWNER at the Purchasing Office of the City of Fayetteville, Room 307, until 2:00 p.m. CDST. November 7. 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, designated as Bid No. 90-55, and addressed to.: Peggy Bates, Purchasing Officer City of Fayetteville 113 W. Mountain Fayetteville, AR 2. PREPARATION OF BID Each Bid must be submitted on the prescribed form and accompanied by Certification by Bidder Regarding Equal Employment Opportunity Form HUD 4238 -CD -1. All blank spaces for bid prices must 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 mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. 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: 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 Proposed Subcontractor Regarding Equal Employment Opportunity. 1 • U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD 4238-B(R) INFORMATION FOR BIDDERS 3. SUBCONTRACTS (continued) Approval of the proposed subcontract award cannot be given by they Owner unless ands 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. 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 provided further, the OWNER is satisfied that a written confirmation of the telegraphic modification over the signature of'the bidder was mailed prior to the closing time.' The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the OWNER until the sealed bid is opened. If written confirmation isnot received within two days from the closing time, no consideration will be given; to the telegraphic modification. 4. TELEGRAPHIC MODIFICATION METHOD OF BIDDING The OWNER invites the following bid(s): "Building and Site Improvements for AU Industries, Inc." 6. OUALIFICATIONSpOF 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 information and date for this purpose as the OWNER may request. The OWNER reserves the right to reject any bid if the evidence submitted by or investigation of, such bidder fails 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. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD 4238-B(R) INFORMATION FOR BIDDERS 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 percent 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 remaining cash, checks, or bid bonds will be returned promptly after the OWNER and the accepted bidder have executed the contract, or if no awardhas been made within 30 days after the date of the opening of bids, upon demand of the bidder at any time thereafter so long ;as he has not •been notified of the acceptance of this bid. 8. LIOUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful bidder, upon his failure or refusal to execute 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. 9. TIME OF COMPLETION AND LIOUIDATED DAMAGES Bidder 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 45 consecutive calendar days thereafter. Bidder must agree also to pay as liquidated damages, the sum of $250.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. 10. CONDITIONS OF WORK • Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment 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 contract. Insofar as possible, the contractor, in performing his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD 4238-B(R) INFORMATION FOR BIDDERS 11. ADDENDA AND INTERPRETATIONS No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to COMMUNITY DEVELOPMENT DIVISION. CITY OF FAYETTEVILLE, 113 W. MOUNTAIN, FAYETTEVILLE. AR 72701 and to be given 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 return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not a ater 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 obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. • 12. SECURITY FOR FAITHFUL PERFORMANCE Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security` 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 included herein. The surety on such bond or bonds shall be a duly 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 of their power of attorney. • U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD 4238-B(R) INFORMATION FOR BIDDERS 14. NOTICE OF SPECIAL CONDITIONS Attention is particularly called to those parts of the contract 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. 16. METHOD OF AWARD - LOWEST QUALIFIED BIDDER If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the OWNER as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the OWNER may reject all bids or may award the contract on the based bid' combined with such deductible alternates applied in numerical order in which they are listed in the Form of Bid, as produces a net amount which is within the available funds. 17. OBLIGATION OF BIDDER At the time of the opening of bids, each bidder will be presumed 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 of omission of any bidder to examine any form instrument, or document shall in no way relieve any bidder from any obligation in respect of his bid. U.S. DEPARTMENT OF HOUSING ANDIURBAN DEVELOPMENT 1 HUD 4238-B(R) INFORMATION FOR BIDDERS 18. SAFETY STANDARDS AND ACCIDENT PREVENTION With respect to all work performed under this contract, the Contractor. shall: 1., Comply with the safety standards provision of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of t America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596). 2. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees)and property. 3 Maintain, at this 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 the immediate removal to a hospital or a doctor's care of 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'. 19. OTHER REOUIREMENTS Each Bidder shall be responsible for obtaining from each utility company and government agency all construction standards, requirements, specifications, and construction costs necessary to successfully complete this project. The successful bidder shall be responsible for correlating all phases ofconstruction, including all utility companies and government ;agencies involved in this project. The successful bidder shall obtain from each said agency and/or company a set of specifications and plans for the construction required, and submit one copy of each to the Community Development Coordinator and the OWNER prior to the "Notice to Proceed." R , 1 U S DEPARTMENT OF HOUSING ANDIURBAN DEVELOPMENT BID FOR UNIT PRICE CONTRACTS ° Pl!ace:$AYETTEVILLE, AR j Date: Nov.7, 1990 Bid No.90-55 � 1 Peoposal of puTr.DIN,S TMC .I (hereinafter called Bidder)* a corporation, organized and existing under the laws of the State of ARKANSAS 1 , a partnership*, or an individual* doing business as GENERAL CONTRACTOR { To AU INDUSTRIES, INC. hereinafter called OWNER. 1 The Bidder, in compliance with your 'invitation for bids for the SITE AND BUILDING 'IMPROVEMENTS FOR AU INDUSTRIES, INC. 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 proposed to furnish all labor, materials, and supplies,a nd to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated herein. These prices are to cover all expenses incurred in performing 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 45 consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of S250.00 for each consecutive calendar day thereafter. Bidder acknowledges receipt to the following addendum: NC1NF. Bidder agrees to perform all the Iwork, described in the specifications and ;shown on the plansi, for the following unit prices: • *Insert corporation; partnership, 1 or individual as applicable. q q The security attached in the sum of SEVENTflFOUR THOUSAND, FOUR HUNDRED FIFTY EIGHT Dollars ($74,458.00 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. HUD -4238C.(8-66) spect ully submitted: By 44A:141 / Title 235 SOUTH 40TH SPRINGDALE, AR 72765 Business address & zip code u CONSTRUCTION BID ITEMS AU INDUSTRIES SITE AND BUILDING IMPROVEMENTS 4 NOTICE All concrete shall be air entrained, portland cement, 3000 psi, maximum 4" slump. unless otherwise specified. All concrete shall be placed on original soil or compacted fill against straight solid forms, when the temperature is 40-100 degrees F. All concrete shall be free of voids and cavities and shall be protected from the weather while curing. All .forms and soils shall be inspected before pouring. All slabs ishall be reinforced with welded wire fabric, spaced 6" x 6", with 10 gage wire in each direction, and shall include a 6 mil vapor barrier. All work must meet or exceed City codes. Contractor will be responsible for all pertinent fees and permits. SITE WORK $5000.00 1. Level to grade all excess dirt on north and south sides of present building. Strip grass onnew lot, and remove (refer to drawing). Make sure grade drains away from building to creek in rear. Bring new lot to grade for loading dock area and remove all excess dirt. SB #2 $6000.00 2. Apply SB #2 to two designated areas (refer to drawing) approximately 265' x 100' and 55' x 40'. Compact twice, at 3" and to finished grade of 6" with motorized tamper. N CONCRETE WORK $17,088.00 3. On north side .and east side of existing building, form and pour 4" thick concrete slabs, including all form work, and a steel trowel finish. Approximate slab dimensions: north :40' x 215'; east: 47' x 132 ', less 564 square feet (refer to drawing). $5640.00 4. Pour 6" thick concrete slabs at south loading dock and at west loading dock (refer to drawing). Include all form work, and steel trowel finish. Approximate slab dimensions: south: 94' x 15'; west: 94' x 15'. $5600.00 5. Install 12' x 154' loading dock with a 10' x 20' extension on the east side (refer to drawing); shall be 8" thick. $565.00 6. Form , pour and finish 6" x 18" straight edge concrete curb and gutter along existing building on the north side. Include one #4 rebar in center. Approximate length: 113' 6 u A. U. , PAGE 2 $1290.00 7. Construct sidewalk ,on the south side of the building (sidewalk abuts the building, refer to the drawing). Subgrade to be well drained, uniformlygraded and compacted. From and pour 4" thick concrete with scored joints constructed at right angles to edge of walk, spaced every 36!'. Joints to be 1" deep and 1/4" wide. Install 1/2" bituminous expansion joint at 15' intervals and at intersections with walks. Pitch concrete away from building. Float and brush finish. Remove all forms, regrade and spot seed. Approximate sidewalk dimensions: 10' x 86'. $2700.00 8. Cut the curb and construct a 6" thick concrete entry on the southwest end of property. Approximate dimensions: 40' x 25', refer to drawing. $1500.00 9. Construct stem wall (2' tall, 8" thick, 20' in length) at the pickup ramp (refer to drawing). Include /I4 rebar on 1' center. REMODEL $1885.00 10. Remove wood plate from ceiling in work area and align ceiling. Add 6" R-19 batts over ceiling in entire work area. $1000.00 11. Add a 3' x 3' mechanical room for HUAC unit in front office . Frame out, sheetrock on both sides with 1/2" drywall, three -coat finish, trim, and, paint with two coats of Sherwin Williams Pro -Mar latex paint. Include access door with all 011 associated trim and hardware. $850.00 12. Add 3, 8' x 10' and 1, 10' x 10' plastic strip units to the overhead doors. III $465.00 13. Add one 8' x 10' overhead door unit to dock area. Install new jambs on existing overhead door at loading dock. IIIII $7000.00 14. Install 7, edge -a -dock levelers on new loading dock. Install a 4' x 4' x 3/8" angle at pickup dock area. III$300.00 15. Install 3' x 3' louvers and 36" fan in loading dock area building. , $6nnn.nn 16. Install a metal shop roof canopy over all the new loading dock area, must cover the edge'or the dock. Cau..aa al PLUMBING I A.U., PAGE 3 $1200.00 17. Add 3 infra -red heaters (Modine #RH-60 with thermostatic control) to loading dock building. $2000.00 18. Clean HVAC unit in work area and install new filters. $3000.00 19. Run duct to service work area from existing HVAC unit: run square duct from the unit to the middle of the shop, branch off with round duct with three drops in each direction. $3500.00 20. Install Bryant # 542GNX060 HVAC with 25 KW heater (electric unit with thermostat), or 'approved equal, in front offices, include unit, ducts and grills'. _$150.00 caps), 30 $225.00 control. ELECTRIC 21. Install 2, 240 volt outlets (with twist -lock amp, adjacent to air compressor's location. 22. Install 5 switches (ivory) for work area lighting $250.00 23. Install 23 drops (with SJ cord) with female bodies (# 7565-C Hubble). Furnish 10 extra male caps #7567-C Hubble. $400.00 one breaker 24. Install 3, two -tube, 0 degree ballast strips on in the panel of the shed roof loading dock. $400.00 25. blade, industrial, In work area, install 4 ceiling fans (52", 4 20,000 CFM, with variable controls). • $200.00 26. Install 22 wire-in-pipe;outlets on ceiling in work area. $250.00 27. Install 10, 20 amp breakers in the existing box. GRAND TOTAL: $74,485.00 CcNCC-TE CNTA] ° • !7 /62 • • =-r t S S HUD -1123e -CD -1 (s-tt) U.S. DEPAR WENT OF HOOSWr. sar• URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F. R. 12319.25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcon- tractors, shall state as an initial part of the bid or negotiations of the contract Whether it has partici- pated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a!:compliance report due under applicable instructions, such bidder shall be inquired to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name: BUILDINGS INC. Address: 235 SOUTH 40TH SPRINGDALE, AR. 72765 • 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clouse. Yes El No 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes ❑ No p 3. Bidder has filed all compliance reports due under applicable instructions, including SF -100. Yes ❑ No ❑ None Required [xi 4. If answer to item 3 is " No," please explain in detail on reverse side of this certification. Certification — The information above is true and complete to the best of my knowledge and belief. Ken Bailey, President NAME AND TITLE OF SIGNER (PLEASE TYPE) 1 IPrevious Editions Obsolete Nov. 7, 1990 DATE GPO '0943a FORM APPROVED BUDGET BUREAU NO. 63.R1138 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY • • • HUD -4231 -CD -2 (2.67) BUILDINGS INC. NAME OF PRIME CONTRACTOR � - P.ROJECT NO. INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319.25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or sub- contract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates That the subcontractor has not filed a compliance report due under applicable in- structions, such subcontractor shall be required to submit a compliance report before the owner approves the sub- contract or permits work to begin under the subcontract. SUBCONTRACTOR'S CERTIFICATION Subcontractor's Name: Address:. Bidder has participated in a previous contract or subcontract Subject to the Equal Opportunity Clause. Yes .11 No 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes • No [] 3. Bidder has filed all compliance reports due under applicable instructions, including SF -100. Yes No • None Required rj 4. If answer to item 3 is "No;" please explain in detail on reverse side of this certification. Certification — The information above is true and complete to the best of my knowledge and belief. 215TBt1-P NAME AND TITLE OF SIGNER (Please Type) SIGN A TURF 1 Previous Editions Obsolete HUD -Wash., D. C. L.S. L! PARI N1141 LI HLUSINL ANL L+I.u.: 4 ?ELL, ME N 1 COMMUNITY DEVELOPMENT BLOCK GRAMT PROGRAM CONTRACTOR'S CERTIFICATION I, CONCERNING LABOR STANDARDS AND, PREVAILING WAGE REQUIREMENTS TO (•Ippinp .. Wee.paenth 1 oATE CIO 1. The undersigned, having executed a contract with PROJECT NUMBER WWII( PROJECT MIME for the construction of the above -identified project, acknowledges that; 1 (a) The Labor Standards provisions ale included in the aforesaid contract; (b) Correction of ony Infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility; 2. No certifies that: (a) Neither he not any firm, partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United Slates pursuant to Section S.6(b) of the Regulations of the Secretary of Labor, Pam S (29 CPR, Pon 5) or pursuant to Section 3(a) of the Davis -Bacon Act, as amended (40 U.S.C. 776u -2(a)) • 1 • (b) No part of the aforementioned contract has been or will be subcontracted 30 any subcontractor if such sub- contractor or any firm, corporation, partnershipor association in which such subcontractor has a substantial interest is designated as an ineligible contiaclor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agi es to obtain and forward to the aforementioned recipient within Icn days after the execution of any subcontract, including those executed by his subcontractors and any lower tier s ubcontractorst a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4. He certifies that: (e) The legal name and the business address al the undersigned ore: (6) The undersigned is: 01 A 1I40LE PROPRIETORSHIP 131 AP ARTMERSMIP 131 A COHPONATON ORGANIZED IN THE STAT NI OIHER ORGAIIIS ATION W I:01lbel (c) The name, title and address of the owner, partners or officersof the undersigned err: NAME TITLE OF ADDRESS IIUD-1•21 16-751 • (d) 1Le nem., cnd odd, esle• el ell other persons, bah nalu•al end co.rorvle, Feeing a %abntennel interest in the undc,. gned, and Nle nature ul the ;ones, ere (I/ Milo. sir •uurk . NAME ADDRESS NATURE OI INTEREST 1 (e) The nom.,, eddt., set and node cis$ s ikcol ions e1 all ether building consi'ni o', conerectors in *hi ch the under i gnu' hes' o sub llanllol inlu.,t ay (11 nnne, 1n smirk .- NAME AOOfESS TRADE CLASSIFICATION Nov. 7, 1990 • BUILDINGS INC. (con1r0 cw4 WARNING O.S. C,Iminel Code, Secllon 1010. Title 18, U.S.C.. provides In pert. "Whoever metes. , ullere or publishes eny stalements knowing the sense le be :else .hall be lined not more Nen 35.000 or Imprisoned not mote Nan loo yens. or both." U.S. DE PAR Tiff N1 of DOUSING AND UNBAN of v f LOPMENT COMMUNITY DEVELOPMENT !LOCK GRANT PROGRAM SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS • TO (.Ippropriote Recipirnll: c/o 1. The undersigned, having executed a contract with. for OATS PROJECT NUMBER (If on) PROJECT HANE ' (Con rnI rut 5e Su brews curl (,‘Imre of work) in the amount of S In the construction oI the above -identified project, certifies that: (a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract. (b) -Neither he nor any firm, corporation, partnership or.associetion in whioh he has • substantial interest is designated as an ineligible tontractor by the Comptroller General oI the United States pursuant 10 Section 5,6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5), or pursuant Io Section 3(a) of the Davi$• Bacon Act, as amended /40 U.S.C. 216o -2(o)). (e) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any lir m, corporation, partnership or association in'which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant go the aforesaid regulatory or statutory 'provisions. 2. He agrees to obtain and forward to the contractor, for transmittal lo the recipient, within ten days after the execution of any lower subcontract, • Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Require- ments, executed by the lower tier subcontractor, in duplicate. ' (s) The workmen will report for duty on or about 3. Na cutilies that: (e) The legal name and the busi en eddies* el the undersigned ere: Mule) (1) The undersigned it: (11 A SINGLE PROPRIETO RSMIPt ISI A CORPORATION ORGANIZED IN THE ST ATE OF: 1 lel OTHER 000 ANI l ATION Wen -rile) (c) The name, lin. and address of the owner, northers or officers of the 'undersigned ore: NAME TITLE 121 A PARTNERSHIP: ADDRESS HUD -1115 15-151 (Q The names and odd. e1 ell other person;, beth newel end carparye, kering a swlateetiel IMarest in the undegignad, and the nature al the interest are (1f ase, se .mre,r: ADDRESS' MATURE 011 (e) The names, odd,esess and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are (pane, to swat MAYS *DDRCSS TRADE CLASSIFICATION (Typed Acme end Title) WARNING U.S. Criminal Code, Section 1010, Title IS. U.S.C., provides In part "III ekes. pilon, alters, or peblI.hes any statement, knowing the same to b. 64e bell be lined not more than 55.000 es Imprl,on.d not mare than two f ear., at both." abo esM.n HUD -4238-3 (2-66) (Formerly CFA -238-3) U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BID BOND. KNOW ALL MEN BY THESE PRESENTS, that we, BUILDINGS INC. hereby held and firmly bound unto thea in the penal sum of $74,458.00 payment of which, well and truly tp be and severally bind ourselves, our heirs, tors, successors, and assigns. S igned this 7th day of The condition of the above obligation the Principal has submitted to the a certain Bid, attached hereto and •hereby e nter into a contract in writing, for: the undersigned, as Principal, and as Surety, are , as OWNER, for the made, hereby jointly executors, administra- we November , 1990. is such that whereas NOW THEREFORE, made a part hereof to • • A) If said Bid shall be rejected, or: in the alternate, B.) If said Bid shall be accepted and. the Principal shall execute and deliver a contract in the Form of Contract attached here- to (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or fur- n ishing materials in connection therewith, and shall in all o ther respects perform the agreement created by the accep- tance of said Bid, then this obligation shall be void, other- w ise the same shall remain in force and effect; it being e xpressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event e xceed the penal amount of this obligation as herein stated. 1 HUD -4238-3 (2-66) (Formerly CFA -238-3) U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BID BOND; The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way 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 here- unto set their hands and seals, and such of them as are corpora- tions have caused their corporate seals to be hereto affixed and these presents to be signed by their'; proper officers, the date and year first set forth a ove. (Principal) U SEAL (Surety) BY:. 2 Employers Mutual Casualty Company HOME OFFICE • DES MOU1°` BID BONDII ThIOT VALID IF BID AMOUNT EXCEEDS $: BUILDINGS, INC. SPRINGDALE, ARKANSAS 72765 KNOW ALL MEN BY THESE PRESENTS: That We as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a Bond No. S123582 P. 0. BOX 1940, corporation and existing organized under the laws of the State.of Iowa and authorized to do business in the State of ` ARKANSAS I ,gas Surety, are held and firmly bound unto the ROAD, FAYETTEVILLE, AR 72701 P. 0. BOX 712, DES MOINES, IA 50303 AU INDUSTRIES, INC. 1102 HAPPY HOLLOW as obligee, in the sum of • 5% OF THE AMOUNT BID DOLLARS, lawful money of the United money well; and truly to be made, the said Principal and executors, !administrators, successors and assigns; jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that; if the Obligee shell make any award to the Principal for: States of America to the payment of which sum of Surety bind themselves, their and each of their heirs, SITE & BUILDING IMPROVEMENTS FOR AU INDUSTRIES,'INC. according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with th'e terms of such proposal or bid and award and shall give bond for the faithful performance Thereof, with the EMPLOYERS MUTUAL CASUALTY COMPANY as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shra .. ^-c" -•1 f•'i. -a so to do, pay to the Obligee the damages which the Obligee may, suffer by reason of such -• the penalty of this bond, then this obligation shall be null and void; otherwise it shall be an:,. • . • • 3y and effect. r ,- „ts ' ria of NOVEMBER ..,, '`.19 L ' Ycn q .,/ fi M f.n 1Ckr = 5' Signed. Sealed and Dated thic 7th Form 7007 Rev. 11-79 First Reprint BUILDINGS, INC. EMPLOY RS MUTUAL ASUALTY60 PAlf‘IY&f, By- Pat yPat A. Girard 3tr. slA k r , �!`=f L • b Employers Mutual Companies P. O. Box 712 Des Moines, Iowa 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT Notice: The warning elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW-ALL MEN BY THESE PRESENTS, that: Employers Mutual Casualty Company. an Iowa Corporation Illinois Emcasco Insurance Company, an Illinois Corporation Emcasco Insurance Company, an Iowa Corporation Dakota Fire Insurance Company, a North Dakota Corporation Union Mutual Insurance Company of Providence. American Liberty Insurance Company, an Alabama Corporation a Rhode Island Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: PAT A. GIRARD, DONNA M. JOYCE, INDIVIDUALLY, SPRINGDALE ARKANSAS its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN AN AMOUNT NOT EXCEEDING TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given a e hereby ratified and confirmed. The authority hereby granted shall expire April 1, 1993 - .unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of theeBoards of Directors of each of the Companies at meetings duly called and held on March 9'1'983. ... d ,I> RESOLVED: The Chairman of the Board ofrbirectorsrthe-Presidentrany Vice,Presdent, th reasurer and the Secretary shall have power and authorityto(1)appoint/ f / t r , t / "` _ r 1 attorneys -in -fact and, authorize them to execute on behalf of the Company attach the seal of the Company thereto, bonds and undertakings, recognizances,�contracts of indemnity and other writings obligatory, in the nature thereof, and (2) to remove any such -"/'--'/. 1 r / / / / / attorney-in-fact at any time and revoke the power and authority given to him. Attorneys -in -fact shall have/power and authority, subject to the terms and limitations of the power of attorney issued -to-themto /exe cute an neer,/o% -behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recogniza cn esrcontracts of�indemnit/and/other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -indirect shal�be ully.andin,a1l peas blinding -upon the Company. Certification as to the validity of any power of attorney authorized herein/made by an officer of Employers.Mutual Casual y Company shall be fully and in all respects binding upon this company. The facsimile or mechanically reproduced signature Of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attorney of the Company, shall lie'valid and binding upon the Company with the same force and affect as though manually affixed.Y *07 IN WITNESS WHEREOF. The Companies have-caued pie presents to be sinned for each by their Chain and Assistant Secretary, and the Corporate seals to be hereto affixed this A .--‘7":"'""w>mY of February , 19 „--.W.‘,,,? .1 WARNING: This power invalid if red,diagonal imprin "Employers Mutual C�•anies' is not present in its entirety, and if the signatures of the officers and notary public do not appear.in blue, and if the "EMC" w Seals y soill .`SOO 1I,NSUgq' ; \�SOPANCE-;,,, J el.nN S�q',, WoP-`oxpoagr,�0F, y , Xow 0006,••-0 = • ',0z,•`onronglg2m Robb B. Kelley /John M. Van Sloun - F_nc fF '3 c ❑arr �c Chairman Assistant Secretary o = SEAL _ 3 _ = = 1863 1953 3 16th February 90 =2 rag; '� B.I. =c= Go''• •-0z • 1#•:. ft titiO\5* • ` `, . • Nq39 • tttttttttttt `` 00 ,,.�`•!,1I;AML..,,Qineo ' S,',.'• NSURAy�'•`\NS'BAyf•.,=��e ` %�`r. 41.....1;S‘ • .00OIL; 1,o • 'epoea� • .„,1 9p0nyp ¢.o0;. t SEAL zt. SEAL a SEAL in - i ,,,,,, of 0 ;'"., „,,•o<C :, SFS'„na'P: IMO %,OgrB oexo� 'g01NE5 �0�O does •t appear in the top half center of the page. • 1 S, gKRISTIE L TYLER �- .�e1 IMY COMMISSION E%PIRESI On this I day of AD 19 before me a Notary Public in and for Polk County, Iowa, personally appeared Robb B. Kelley and John M. Van Sloun, who being by me duly sworn, did say that they are,. and are known to me to be the Chairman and Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of The Companies by authority of their respective Boards of Directors; and that the said Robb B. Kelley and John M. Van Sloun acknowledge the',execution of said instrument to be the voluntary act and deed of each of The Companies. My Commission Expires Notary Public CERTIFICATE 1 I, Richard E. Haskins of the Employers Mutual Casualty Company, do hereby certify that treti[eaoicw.reltiutio 01e Boards of Directors by each of The Companies, and this Power of Attorney issued pursuant thereto on i 77 on behalf of Pat A. Girard, Donna M. Joyce I are true and correct and are still in full force and effect. October 2, 1992 ye/t In Testimony Whereof I have subscribed my re and affixed the facsimile seal of each Company this NAV G.7-ngra- , 19 n i Form 7832 Fourth Reprint orPit day of Vice -President CONTRACT 9 THIS AGREEMENT, made this ,� 0 day of NoVEM RE 2 by and between HUD 4238-F (6-66) , 19 90 CITY oK FAYETTE✓/ct , herein called (Corporate Name of Owner) "Owner", acting herein through its �UILO STRIKE OUT INAPPLICABLE TERMS of SPIaltOb70ALC State of Pc RKAUSAS and and AYO2 (Title of Authorized Official) I NbS, [ (a corporation) Ca-pa2 n8rs"hip) (an-jnd uidual daing sfness-as , County of ID AS it'jOS Dc,) , hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments agreements hereinafter mentioned, to be made and performed by Owner, the Contractor hereby agrees with the Owner to commence complete the construction described as follows: and the and AU INDUSTRIES, INC. SITE AND BUILDING IMPROVEMENTS' 1102 Happy Hollow Road Fayetteville, Arkansas hereinafter called the Project, for the sum of SEdeNT?' FouE. TNoOSAUD Voue ►Uo o&tn Eiy,,F,N P,ri Dollars ($74e 43/.S.00 ) and all extra work in connection therewith, under the terms as stated in the General and Supplemental Provisions of the Contract; and at his (its or their) own proper costand expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said Project in accordance with the conditions and prices stated in the Proposal, General Provisions, and Supplemental Specifications of the Contract; the plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof; the specifications and Contract Documents all of which are made a part hereof an collectively evidence and constitute the contract. • The Contractor hereby agrees to commence work under this Contract on or before a date to be specified; in a written "Notice to PRoceed" of the Owner and to fully complete the PRoject within Lia— consecutive calendar days thereafter. the Contractor further agrees to pay, as liquidated damages, the sum of $ 450.40 for each consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. i The Owner agrees to pay the Contractor in current funds for the performance of the Contract, subject to additions and deductions, as provided in this Contract, and to make payment on account thereof as provided in Paragraph 25, "Payments to Contractor," of the General Conditions. IN WITNESS WHEREOF,the this contract in deemed an original, on t (Seal) ATTEST: Witness (Seal) Secretary Wit parties to these presents have executed counterparts, each of which shall be he day and year first above mentioned. Wuat- (Print or type names underneath all signatures) l i iry or FAY EtTE✓ILbE Owner, By 4:( 0t>„, nrIAYOt Title 4POIL OA,S 1:5NPJ Contr to/// By X1.45.; m�/ 1‘eier �r.! tle �r POQ 1940 S Pen 6nALE fl2 74276:7 Address and Zip Code NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. HUD 4238-J (2-66) U.S. DEPARTMENT OF HOUSING AND. URBAN DEVELOPMENT CERTIFICATE OF OWNER'S ATTORNEY I, the Undersigned:. the duly authorized and acting legal representative of , do hereby certify as follows: I have examined the attached contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, 'conditions and provisions thereof. Date: • Signature