HomeMy WebLinkAbout26-94 RESOLUTIONRESOLUTION NO. 26-94
A RESOLUTION AWARDING BID NO. 94-1 AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
1:XECUTE A CONTRACT WITH SSI, INC., IN THE AMOUNT
01' $123.000. PLUS A 5% CONTINGENCY OF $6,150, TO
BUILD RESTROOMS AT WALKER AND GULLFY PARKS;
AUTHORIZING THF COMPLETION OF A HARD SURFACE
PATH AND TO RUN ELECTRICAL SERVICE TO THE
RESTROOMS IN THE AMOUNT OF $10.120; AND
APPROVAL OF A BUDGET ADJUSTMENT IN THE AMOUNT
OF $106.142.
BE 11' RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Council hereby awards Bid No 94-1 and authorizes the Mayor
and City Clerk to execute a contract with SSI. Inc.. in the amount of $123,000. plus a 57r
contingency of $6,150 to build restrooms at Walker and Gulley Parks. A copy of the contract
is attached hereto marked Exhibit "A" and made a part hereof.
Section 2. The Council also approves the amount of $10.120 to complete a hard
surface path and run electrical senice to the restrooms so that the City may be in compliance
with the new ADA regulations.
Section 3. The Council hereby approves a hudget adjustment in the amount of
$106,142 increasing Park Impu,eements, Acct. No. 4470 9470 5806 00 in amount of $99.981
and a transfer to Sales Tax Capital Improvements, Acct. No. 1010 6600 7602 47, in the amount
of $6,161. by decreasing Use of fund Balance, Acct. No. 4470 0947 4999 99 in the amount of
$86,161; Use of Fund Balance, Actt No. 1010 0001 4999 99. in the amount of $6.161;
Vehicles & Equipment. Acct. No. 4470 9470 5802 00, in the amount of $3,820; Park
Improvements, Acct. No. 4470 9470 5806 00, in the amount of $10,000. A copy of the hudget
adjustment is attached hereto and made a part hereof.
PASSED AND APPROVED this 15th day of February 1994.
APPROVED.
By:
Fred Hanna, Mayor
AYTES'I .
•
By:_,_- • . - '
Sherry L. Thomas, City Clerk
' ..
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
1994
Department: Sales Tax Capital Improvement Fund
Division:
Program:
Date Requested
1/25/94
Adjustment #
Project or Item Requested:
Additional funding is requested for restroom constriction at
Walker and Gulley Parks. The funding request includes approval of
a roilforward from Sales Tax Construction Fund, approval of transfc
from General Fund of the remaining funds in the Walker Park Land
acquisition project and use of green space funding. In addition,
funding is requested for electrical service work and path constructor
that were not included in the bid documents. Finally, a project
contingency of $6,150 is requested.
Green space funds will Se utilized for $39,289 of the total project cos .
Projec or Item Deleted:
Request that projects 94014, 93095 and 94027 he postponed.
Project 94014 Replacement Fire Apparatus
Project 93095 Lk Fay Softball Parking & Traffic
Project 94027 Walker Park Parking Lot
3.820
35.000
10,000
Total project cost reallocated 48.820
J,:stification of this Increase:
The restroom protects were anticipated to cost approximately
345.000 each; the low bid for Walker Park Restroom is $61.000 and
the low bid for Gulley Park Restroom is $62.000. Anticipated cost
for electrical service and path construction is approximately $10,120
Justification of this Decrease:
Projects 93095 and 94027 were scheduled for late summer/early fall
and are not as high a pnonty as the restroom projects. Project 94014 s
complete.
Account Name Amount
Park Improvements
Transfer to Sales Tax Capital Improvement:
Account Name
Use of Fund Balance
Use of Fund Balance
Vehicles & Equipment
I Park Im rovcmcnts
Increase
99.981
Amount
6,161
Account Number Project Number
4470 9470
1010 6600
Decrease
86,161
6,161
3.820
10 000
Approval Signatures
d
partment Director
Mayor
10144
/a 131.
5806 00
7602
47
Account Number
Project Number
4470 0947
1010 0001
4999
99
4999
4470
9470
4470 9470
5802
5806
99
Obi sx a
above
Budget Office Use Oali,
Type: A B C D ®
Date of Approval
Pasted toGeneral Ledges
Battled fa Citatory 1N
•
Budget Office Copy
•
A .
•
•
I
ADVERTISEMENT FOR BIDS
BID NO.94-1
•
Notice is hereby giver. that sealed bids will be received by the
City of Fayetteville Purchasing Office until 2:00 P.M. on the 17th
day of January , 1994 , for furnishing all tools, materials, and
labor and performing the necessary work to construct two (2)
precast concrete restroom fac'-'s'es, one at Gulley Park, and one
at Walker Park.
All work, material, and construction shall be in accordance with
the plans and specifications. Said plans and specifications are on
file in the office of the City Engineer, room 011. City
Administration Building, 113 W. Mountain St., Fayetteville, AR
72701.
Contractors shall make such inspection and studies of the site of
the work as to familiarize themselves thoroughly with all
conditions to be encountered.
Each bid must be accompanied by a cashiers check or surety bond in
the amount of 5% of the whole bid, said bond to be issued by a
surety company licensed to do business in. the State of Arkansas.
Said bond or check shall be retained as liquidated damages in the
event the successful bidder fails, neglects, or refuses to enter
into a contract for the construction of said work and furnishing
the necessary bonds within 10 days from or after the date the award
is made. A 100% performance bond will be required to be posted
with the City within 10 days after the date of bid award.
Bids must be made upon the official proposal sheets contained in
this specification and such proposal sheets shall not be removed
from the remainder of the contract documents. All bids shall be
sealed and the envelope addressed to:
Ms. Peggy Bates, Purchasing Manager
City of Fayetteville
113 W. Mountain Street
Fayetteville, Arkansas 72701
or bids may be delivered to the Purchasing Office, located on the
Third Floor of the City Administration Building, at 113 West
Mountain Street, Room 306. All bids shall be clearly marked as
follows:
1) Bid for Fayetteville City Parks Restrooms/Bid # 94-1
2) Time and Date of Bid Opening
3) Name and License Number of the Bidder.
•
•
•
•
Bids will be opened at the above specified time at Room 306, City
Administration Building, 113 West Mountain Street.
The attention of all bidders is called to the fact that they must
be licensed under the terms of Act 105 of the 1965 Acts of the
Arkansas legislature.
The City of Fayetteville reserves the right to accept or reject any
or all bids, waive informalities in the bidding and make a bid
award deemed to be in the best interest of the City.
The City further reserves the right to withhold the awarding of the
contract for a pericd not tc exceed 30 days after the receipt of
bids.
This bid is subject to the availability of funds.
Peggy Bates
Purchasing Manager
Tc NWA Times:
To be published or. 1-2-94 and 1-9-94
•
•
•
INFORMATION FOR BIDDERS
FAYETTEVILLE CITY PARKS
RESTROOM FACILITIES
1. Instructions to Bidders:
The City of Fayetteville (hereinafter caked the Owner) is
requesting bids for the construction of three precast concrete
restroom facilities consisting of:
1) Gulley Park - complete construction cf a new precast
concrete restroom facility including site work, utility service
lines, building with mechanical and electrical fixtures.
2) Walker Park - Complete construction of a new precast
concrete restroom facility including site work, utility service
lines, building with mechanical and electrical fixtures.
2. Receipt, Opening and Acceptance of Bids:
The Owner invites bids on the forms attached hereto. Bids will be
received at the Cffice of the City of Fayetteville Purchasing
Manager located on the Third Floor of the City Administration
Building at 113 West Mountain Street, Room 306, until 2:00 P.M. on
the 17 th of 3anyQr-y , 1944. All bids will be clearly marked
on the outside cf the bid envelope that it is a bid for
Fayetteville City Parks Rostrums. Also, the information on the
outside of the envelope shah contain the time and date for the
opening of bids, and the license number of the bidder. Each bid
must be accompanied by a cashiers check or surety bond in the
amount of 5% of the whole bid. Said bond or check shall be placed
in an envelope and attached to the outside of the bid envelope.
The Owner may reject any and all bids. Any bid submitted by a
Contractor and not accepted by the Owner within a period of 30 dans
of submission of the bid may, at the option of the Contractor, be
withdrawn from ccnsideration for the proposed work. This bid is
subject to the availability of funds.
3. Completion of Bidding Forms:
The bidders must state a lump sum price for each item as shown ont
he proposal schedule. The price must be stated in figures and in
words on the blanks provided for on the schedule and must be clear,
legible, and in ink. Prices shall include amounts sufficient for
the furnishing of all labor, materials, tools, and all of the work
as called for in the Specifications and as shown on the Plans.
ADVERTISEMENT FOR BIDS A3
•
•
•
.. .
4. Balanced Bids:
•
•
•
The prices bid on the various items of work shall bear a fair
relationship to the cost of the work to be dcne. Any bids
appearing unbalanced and deemed not tc be in the best interest of
the Owner may be rejected at the discretion of the Owner.
5. Qualifications of Bidders:
If requested by the Owner or engineer, the bidders must submit
satisfactory evidence of his ability and competency to perform the
proposed work. The Owner reserves the right to reject a bid if the
bidder has not submitted, upon request, a statement of his
qualifications prior to the date of the bid opening.
6. Subcontractor:
The Contractor must obtain written approval from the Owner before
assigning or subletting all or any part of this contract. The
Contractor shall not allow an approved subcontractor to commence
work until he has provided and obtained approval of such
compensation and public liability insurance as may be required.
The approval of each subcontract by the Owner will not release the
Contractor from any cf his obligations set out in the plans,
specifications, contract, and bonds.
7. Completion Time & Liquidated Damages:
The completion time for the construction of these two restroom
facilities are sixty (60) calendar days form the date of notice to
proceed. A fine of $250 per day shall be assessed against the
contractor for each day that the project is delayed without the
prior approval of the cwner.
PROPOSAL FOR
FAYETTEVILLE CITY PARKS
RESTROOM FACILITIES
•
TO: Peggy Bates, Purchasing Officer
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
The undersigned SSI Incorporated or Nortnwest Arkansas states
that she has carefully examined the plans and specifications
relative to the proposed construction, as set out in the title of
this Proposal; that she is familiar with the same and understands
each and all; has examined the location and site; that all bids are
made with the full knowledge of the difficulties and conditions
that may be encountered, work to be done, equipment and materials
required, and with the full knowledge of the plans and
specifications that his proposal is made without collusion on the
part cf any person, firm cr corporation. She further states that
she will enter into a contract to construct said improvements in
accordance with the plans and specifications, and have same
completed within 60 calendar days (for each restroom) from the date
of the notice to proceed the construction for the lump sun prices
of:
•
Gulley Park
Lunp Sum
Site Work/Water & Sewer Service Lines
Complete Building with Fixtures
and appurtenances $ o 1, O& C2
jwiJ x p u5 -0 Dollars
(.cords)
2. Walker Park
Site Work/Water & Sewer Service Lines
Conplete Building with Fixtures
and appurtenances $ , /f Oo O
TOTAL BID
4/ Xr'/ oivC Tlit-_`Cyt-D
Collars
ords)
$ /2 3,00c�'
(words)
B1
•
•
Brown -Filler -Clark & Assoc.
P.Q. Box 3529
Fort Smith * AR * 72913 * 501-452-4000
BID BOAC
KNOW ALL MEN BY THESE PRESENTS:
That we, SSI, Incorporated of Northwest Arkansas
P. O. Box 824 Springdale,
AR 72765-0824
, as Principal, (hereinafter called the "Principal"),
aw me United States Fidelity & Guaranty Company
P. O. Box 1138
Baltimore, ND 21203
, a co-po-ation
duly organized ander the laws of the State of MD as Su-ety, (hereinafter called the "Surety'), are held and
firmly bound unto City of Fayetteville, Arkansas
in the sum of FIVE PERCENT (5%) TOTAL AMOUNT BID
as Obligee, (nere^atter called the "Ob.igee"),
Dollars (SS% ),
fo- the payment of which SUM well and tru.y to be made, the said Principal and the said Surety, t•nc ourselves, our heirs.
executors, administrators, s,.ccesscrs and assigns, jointly and severally, fi-mly by these presents
WHEREAS, the P^inti al nas s,abmitted a bid for
Restroom Facilities.
Walker Park and Gulley Park
NOW, IIEREFORE, if the Obligee snail accept the bid o' the Principe. and the Principal shall enter ...to a ca -tract
with the Ob,igee in acco-dance with fne terns c' such bid and give such bond or bonds as may be specified '^ tic wow -g
or contract documents with good and s.ff•c•e^t surety 'or the 'aithfu, performance of such contact and for the prompt
payment of .abor and material fu-nished 1^ the prosecution thereo',or in the event of the fanlu-e of the Principal to enter
into such contract and give such bond or bonds, •f the Principal shall pay :o the Obligee the diffe^ence not to exceed
the penalty hereof between the amount specif'ed sa.c bid and such larger amount for which the Obligee fray in good
'aith contract with another pa-ty to perforr the work ccvered by said bid, then this obligation shall be null and void,
otherwise to remain in full fo-ce and effect.
S.gned and sea,ed this 17TH
Witness
day cf JANUARY /Lc., 1994
Ccnforns to American :nstitute of Architects Document A-310,
Fecruary 1970 Ed:tics.
SSI, Incorporated
of Northwest Arkansas
c
(SEA-)
Principal
Title
United States Fidelity and
Guaranty Company
BY 'lLLf
Vicci L. Hiller
Syfety
Title
(SEAL)
•
•
•
•
,
UNTIED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY
NO. 106635
N° 640508
KNOW ALL MEN BY THESE PRESENTS- That UN/TED STATES FIDELITY AND GUARANTY COMPANY, a corporation apn¢ed sad existing
under the laws oftbe Stale of Maryland and hayog its pnocipal office at the City of Baltimore. in the State of Maryland. does hereby constitute and appoint
Sam B. Hiller, Larry R. Clark, Vicci L. Hiller and Mamas L. Cooley
of the Cay of Fort Smith ,Sneeof Arkansas is nue ad lawful Atioroeye-in-Fart, each in their separate
capacity if more than one is named above. to sign its name as surety to. and to execute seal and acknowledge any and all bonds. eetenakiogs. contracts and ether
wake instilment' in the nature thenad on behalf of the Company in its business of guaranteeing the fidelity of persons, guaranteeing the performance of con truts:
and executing or guaranteeing bonds and unarming, requued or penmtted in any ad loos or proceedings allowed by law.
1n Wane Whereof, the said UNITED STATES FIDELITY AND 61ARANTY COMPANY has csusM:his instilment to he meed with its sir porete seal.
&Aymead by the sigmmm of its&liar Voce President and Assistant Secretary. this 22nd day of January . A.D. 1433 .
STA 111 OF MARYLA-ND)
BALTIMORE Cr1Y
UNITED STATES P.DELr Y AND GUARANTY COMPANY
ISigned: By
SS:
Assistant Secretary
Ondm 22 nddayof January A.D.1993 ,beforemspanonalycame Robert J. Lamendcla
Senior Vice President of the UNITED STATES FIDELITY AND GUARANTY COMPANY ad Pau_ J, Sims Asstsani
Secretary of said Company. with both of whom I am personally acquainted. who lemg by me seventy duly swam said. that they, the said Robert J .
Lamer dola ad Paul D. Sims were respectively the Senior Vice President and the Asesasar Secretary cf
the said UNITED STATES FIDELITY AND GLARANTY COMPANY. the co p ndiaa described b and which executed the foregoing Power ot Attorney; that they
each knew the sal of said corporation; that the seal affixed to sad Power of Attorney was such corporate seal. the it was so affixed by orler of the Board of Directors
of said corporation, and that they signed their names :hereto by like order as Senor Vice President and Assistant Secretary. resiec'avely. of the Company
My Commiwca expires the 11th dry in Ma Tell �/"1 A.D. 19 95.
gn
(Sied) .4!(�N r.,^�4-. . /. . •. . 11 ret
s7 NOTARY PUBLIC
This Power of Attorney is granted under and ty authority cf the following Resolutions adopted by the Board cf Directors of the L'NI Da STATES
FIDELITY AND GUARANTY COMPANY on September 24 1902
RESOLVED. that in connection with the fidelity and surety insurance business of the Company. al: hands. undertakiap contracts and other instalments
relsang to aid Maness may be signed. executed and acknowledged by mamas or eahtes appointed as Attoney(s)•m•Fact pwsuaet to a Power of Attorney issued ie
accordance with ibne resolutions Said Powells) cf Attorney for and OS behalf of the Company may and shall be executed in the name and on behalf of the Company.
either by the Calmat or the President. or an Executive Vice President. ora Sema Vice Presdent, or a Vice President or sa Asistant Via Prestdent, windy with the
Secretary or an Assistant Secretary, under their respective designations The signature of such officen may be engraved. printed its lithographed. The signature of encs
of the foregoing officers sad the seal of the Company may be affixed by facsirde to any Power of Attorney or to ay cedthcate relating thereto appointing
Atloney(s)-ala-Fact for outposts only ofexecuuog and snaring bads and undenskmgs and other writings obliptory in the inure thereof. and. unless subsequently
revoked ad subject to any limitations set forth theme, ay such Power ot Attorney or certificate beanog such facsimile signature or facsimile seal shall be valid and
binding upon the Company and say such power s0 executed and certified by such facsimile sign:duc and facsimile seal shall be valid and binding upon :he Company
with respect to say bond or undertaking to which it is validly attached.
RESOLVED. that Atmmey(s)-in-Fad shall have the power and authority, unless subsequently :evoked and. in any cue sob ect to the terms and !unitarians
of the Power of ACoreey issued to then. to execute and deliver on behalf of the Company and to ash the sea/ of the Company to any and all bonds and uadenakiop.
and other writings obligatory in the nature thereof sad any such instrument executed by rich Attomey(s)-m-[lest shall be se boding upon the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
1. Paul D. Sims . an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY.
do hereby certify that the foagmag is awe excerpt from the Resolution of the said Conway as adopted by its Board of Damon on September 24, 1992 and that this
Resoluhoe IS m full force and effect.
I. the undersigned Assistant Secelsy of the UNITED STATES FIDELITY AND Ga:ARANTY COMPANY do hereby certify that the foregoing Power of
Attorney as in flog force and effect sad has not been revoked. '!
In Testwmw ey Whereof, l have hereunto set my bad and the seal of tie IIEpSTATES FIDELITY AND GUARANTY COMPANY on thiat 7 th day
I .
of January J9 94
FS 3 410 92)
Assistant Samtuy
4 • :1
.I
r
—171
Cor tract 156 IArkansas) (41-88)
UNITED STATES FIDELI
Bond #39-0120-10100-94-0
._ I
UARANTY COMPANY El
(A Stock Corrpaiy)
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
We. SS] :ncorporated of Northwest Arkansas
P. ;). Box 8241-:, ,tR 72765-0824
as Principal. hereinafter cal ed Prihc pal anc UNITED STATES FIDELITY AND GUARANTY COMPANY. a
coroporatior orgarized and existing urder the laws of the State of Maryland and authorized tc do business
in :he State of Arkansas. as Surety, here nafter caller Surety. are held and f rmly bcund unto ..............
City of Fayetteyj11e, AR .... ..........................................
as Ob igee. hereinafter callec Owner, in the amours o' One Fittudmed..Nenyr.Tree. 1-ions&td.....
Dollars ($. ..12.34.000..00 } for the payment whereof Pr ncipa. and Suety bind themselves. their heirs.
personal representatives. successors and assigrs, jointly anc several y. f rmly by these presents.
Principal has by written agreement sated . i . j .1.5, r'1'.. 4..... entered into a contract
wth Owner for Gulley Park and Walker Park Restroom Facilities, in accordan..c with
p]ans and spccificat'_ons prepared by City of Fayetteville, AR.
which corlrac: s by reference made a par hereof. and rs
hereinafter referred tc as the Contract.
THE CONDITION OF THIS OBLIGATION is such hat i' the Pr ncipa shal faithfully perform he Contract
on lis part and shall fully rde•nnify and save harm ess the Owner from al cost and damage which he may
suffer by reason al failure so to cc anc shall 'telly re mb.irse arc repay :he Owner all out ay and expense
wnicf the Owner may incur in making gooc ary sun de'aul: anc.'Lrher hat I the Principal snail Day al
persons all ndebtedness'or laoor or materials fun:snec or performer under said Contract. fah ing which such
persons sha I have a direct right of action against the Principal and Surety, joint y and severally, under this
obligation, subject to the Owner s pr crity. Then tis obligation sha I De rull and vo;c. otherw se it shali rema n
n full force and ef'ect.
No suit act cn o" proceeding shal be proughl on :his bond outside the State of Arkansas No suit, action
or proceeding shall be brought on this bone except Dy the Owner. unless it is Drought n accordance w th
A.C.A Section 22-9-403 (b) anc A.C.A. Section 18-44-503 (bi (Supp. • 9871 as amended. No su 1. action or
proceeding snail be brought by the Owner after two years from the cate cn which final payment under the
Contract fats due.
Any alterations which may be made in the terms of the Contract. or n the work to be cone under it or
the giving by the Owner o' any exters cn or time for the performance of :he Contract. or ary other torberance
on tne part of either the Owner or the lamina pal to the other shall not in any way release the Principal and
the Surety or Sureties, cr either or any of them. their heirs. persoral •eo•esentatives successors or assigns
from their liability hereunder. notice to the Surety or Sureties or any such alteration, extensior or forbearance
being hereby waived
In no event shall the aggregate liability or tne Surety exceed the sum set out herein
Executed on this 1.1o'' day of.. .. . ... .. .... 19'ki
SS1 Incorporated of Northwest Arkansas
Principal
Byc..l(., 4t1
UNITED STATE) FIDELITY AN
1- rf .,
Vicci L. Hiller
GUARANTY COMPANY
i
5
SuretySure�q
Attorney -ii -fact 'tsti
:h'
..... ... ... ...
▪ •
•
•
•
UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY
NO. 106635
N9 640528
KNOW ALL MEN BY THESE PRESENTS: That UNTIED STATES FIDELITY AND G('A RANTY COMPANY. a corpoMmon organized and existing
under the laws of Ibe Slate of Maryland and having els principal office at the City of BatLman, .o the Sine cf Maryland does hereby constitute and appam
Sam B. Hiller, Larry R. Clark, Vicci L. Hiller and Thomas 1.. Cooley
of the Cay of Fart Smith , State of Arkansas its Ime and lawful Attoroey(s)-m-Fut etch it then sepuue
capacity IT more than one is named above. to sip its rime as surety to. std to execute. seal and ulmowledge any sad all bonds. uedertxoogs..ouruts and other
written isstsumeuts m the mature thereof oo behalf of the Company in Its buttress al guaranteeing the fidelity of persons: guaranteeing the performance of contracts:
and executing or guaranteeing bondsand undertakugs required cr permitted in soy actions or proceedings allowed by law
In Witness Whereof, the said UNITED STATES FIDELITY AND (11'A RAN TY COMPANY has caused this imminent to be sealed with as corporate seal
duly attend by the signatures of its Senor Vice ?resident and Asa:stanl Secretary this 22.nd day of J ar.uary . A D. I1;9 3
STATE OF MARYLAND)
BALTIMORE CITY )
UNITED STATES FIDELITY AND GUARANTY COMPANY
(Signed)
(Signed) By ....../2)
SS:
Senor Vice President
Ass:sant Secretary
On dais 22ndday of January .A.D.1993 . before wit personally cane Robert .1. Lanendc;a
Senior Viet Preadeatof Ibe UNITED STATES FIDEL)TY AND GUARANTY COMPANY and Pat.1 D. Sims. Auu▪ slaot
Secular). of and Company, with both of whom I am personalty &quasoed. who being by me .everally duly sworn, mud that they. the sad Robert J .
Lamendola and Paul D. Sims were respectivuy the Senior Vice President and the Ass:staot Secretary of
the said UNfTED STATES FIDELITY AND GUARANTY COMPANY Ibe corporation described m and which executed the forego. og 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 affixed by order of the Board of Duett:n
of said corporation, and that they signed their Hamra that. by Itke orders. Senior Vice President and Assistanl Secretary. respectively, of the Conway
My Commission expiresma 11th daymMarch A.D. 1995
. 1✓
e4
(Biped) L�IC!)•ia,-. .. ..jY 141L^•
NOTARY PI BLIC.
Thu Power of Attorney is Brasted under and by mhonty of the foUowseg Resolutions adopted by :he Board of Dm:clots of the UNITE) STATES
FIDELITY AND GUARANTY COMPANY on September 24 1992.
RESOLVED, Thu in connection with the fidelity end surety insurance buwness of the Company. all bonds. undertakiegs. canton and other instruments
relating to said business may be aped executed. and acknowledged by persons or entities appointed as Attorney(s)-in-Feu pursuant to a Power of Attorney issued in
accordance with these resolmaona Said Powers) of Attorney for and on behalf of the Company may and shall be executed a the name and on behalf of the Company,
either by the Chains or the Presdera. or sal Execuuve Vice President. ora Senior Vice President or a Vice President or as Assistant Vice President. jointly with the
Secretary or an Assistant Secretary. under their rspeaive designations- The signature of such officers may be engraved. printed or hlhognphed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by faeurmle to say Power of Attorney or In soy centies relating thereto appointing
Adoeney(s)-ut-Fact for purposes only of executing and attesting bonds and undertakings and other wettings obligatory in the nature thereof, and union subsequensly
revoked and subject to any hnnlatioas set fortb therein. any such Power of Attorney or certificate beanog such facsimile signature or facsimile seal shall be valid and
bolding upon the Company and any such power so executed and cenrfed by such fane.nure signature and facsimile seal shall be valid and binding opon to Company
with respect to any bond or uodenalmog to which it is validly attached.
RESOLVED, that AttoneyTs)-un-Fact shall have Ibe power and authority. unless subsequently revoked and, m any we. subject to the tents and Itmutatons
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to Mach the seal of the Company to any and all bode and undertakings.
and other writings obligatory in the nature thereof and any such instrameal executed by each Allomcy(s)-in-Feet shall be as biding upon the Conway as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company
1. Paul D. Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY.
do hereby certify thin the forepag is a true extant from the Resolution of the said Company ss adopted by t4 Board of Direclon os September 24. 1992 and that this
Resolution is in full force and effect
L the udeniped Ase Secretary of the UNITED STATES FIDEI.ITY AND GUARANTY COMPANY do hereby certify that the fcregaog Power of
Aoeemy is sa fug force and effect and has not been revoked.
a Testimony Whemof,1 haw hereunto set my hand and tb sea (I STATES FIDFJJTY AND GUARANTY COMPANY on this day
of .19,. o IC-
.
FS 3 (10-Q21
Awstanl Sunny
Afllllsll. CERTIFICATE OF INSURANCE
CSR BN ISSUE DATP ;ram eDD1'1''
•
SSI IN-1 C1/27/94
PRODLC1ik
Brown-tiler-Clark & Asset.
5500 Eeocr Lame
P.O. Box 3529
THIS CERTIFICATE 1S ISSUED AS A MATTER OF LNFORMATION ONLY AND
CONFERS NO RIGHTS UPON 711E CERTIFICATE HOLDER. THIS CERTIFICATE
DOLS NO7 AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
Fort Smith AR 729'3
COMPANIES AFFORDING COVERAGE
Sam B. Hille-
501-452-4000 COMPANY
LEWESA Maryland Casua.ty Company
CONY
IB Northbrock :ndemity
INSURED MFie
1::MPANY
I ET' ER C Rortner' Irs ranee Corrpany
I OMPAM
SSI, Inc. of korthwest AR Will EN D
P.O. Box 824
Springda.e AR 72765-0824T-G,AIr"N1S E
IrI
COVERAGES
THIS IS TO CERTIFY THAT THE POL(1FS OF INSURANCE LISTED BELOW HAVE. BEEN 'SS"D TO Tr.E INSURED NAMED ABOVE FOR THE POLICY PERIOD
NDIrATED. NOTWITHSTANDING ANY REQU:REMENT.:ERM OR C ONDI7ON OF ANY CONTRACT OR OTHER DO(11TONT WITH RESPECT TO W WCH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED IIERT9N 15 SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. L.MITS SHOWN MAY HAVE BEEN REDUCED BY PAID (1AIMS
co main' EFFECTIAh POLICY EXPIRATION
TYPE OF
LTR INSLRA.ACE POLICY NUMBER DATE (MT141?•n11 DATE TAI•UU'YVI LIMITS
GENERAL LIABILITY GEHERAL AGGREGATE 12,000,000
C X COMMERCU.. GENERAL IJABEJTY EP86915923 35/01/93 05/01/94 PkuIWT4rOMP,CP Apo. 1 2,000,000
(um 4 MADE. X Olv'IIk. PERSONAL &ADV INI('RA S 1,000,000
0W144R Sa..o vntArreR S PROT. EArd O((IJRkL,NCE f 1,000,000
EIRE')AMAIIL (ARE one PRO $ 50,000
MED EXPENSE :Am nor remit S 5,000
Al'POMOBILE LIABILITY •'oMBDFJ)SNEL. $ 1,000,000
c x 'F AUTO ECA18876343 05/0 /93 C5/C1/94 IJMT
AI I OWNED AUTOS
RODII Y'NII.R 1'
SCHFDI.LLD AUTOS'hl vowel 1
HIKED Mr IIS
BODILY NJURY
NON-OWNED ANTOS 'Ra aaidea, 1
UARAGE IJARIIJTY
PRCPEJiTY.^. AMAOF. $
EXCESS I (ABILITY EACH OCCUERFWE 15,000,000
C N IMRkl1..AIORM U8A82811978 05/01/93 05/71/94 AIkIRMIA rF $ 5,000,000
01 MES THAN UMBRELLA FORM
A WORKER'S COMPENSATION TC482811432 05/01/93 05/31/94 S: ATUfOPI'LIMITS
AM]EACH ACCIDENT 1 500, 000
DISE4SE w)UYIJMT 1500,000
EMPLOYERS LIABILrFY
DISEASE—EACH EAIPI Ol LT 1 500, 000
O ER
B Builde-s Rlslc 72-329981 05/01/93 05/01/94
15,000 Deductible
DESCRIPTION OF OPERATION!M)CATIONSNEHICLNSINPR('IAI. ITEMS
JOB: Restroom Facilities at Walker Park ano 7..11y Park
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE. THL
D PIRATION DATE THEREOF. THE ISSUING COMPANY WTIIFNDFAVOR TO
MAIL1C DAYS WRI 11 F21 NOTICE :O THE CERTIFICATE HOLDER NAMED TO THE
:INET, RUT FAILURE TO MAIL SUCH NOTICE Sr:ALL IMPOSE NO OBLGA TION OR
C' ty of Fayettevi 1 :e
City Hall
LIABILITY OF ANY KIND UPON THE COMPANY. ITS AhF2 TS OR REPRESENTATIVES
Fayettev' ll e AR 727C1
AITHORIZED REPRESENTATIVE J'n�
£-
, Y
/4'_/
''
Sam B. Hi.. er •t
ACORD 25-S (7190) ' ACORD CORPORATION 1990
ar
.,
•
•
CONTRACT
•
FAYETTEVILLE CITY PARES
RESTROOM FACILITIES
STATE OF ARKANSAS
COUNTY OF WASHINGTON
THIS AGREEMENT made and entered into or. this 15 day of rebcwory
,:994, by and between the City of Fayetteville, hereinafter called
the OWNER, and SSI, Inc. of Northwest Arkansas
hereinafter called the Contractor,
WITNESSETH: That Whereas, the OWNER has called for bids for
construction of restroom facilities at Walker Park, and Gulley Park
as set out in these Plans and Specifications, and,
WHEREAS, the CONTRACTOR has submitted the best bid for the work set
out in these Plans and Specifications,
NOW, THEREFORE, the CCNTRACTOR agrees with the OWNER to furnish all
materials, labor, equipment, tools, supervision, insurance, and
other accessories and services necessary to complete said
construction in accordance with the Plans and Specifications for
the lump sum price in the Proposal, said Proposal being a part of
this Contract.
The CONTRACTOR agrees to complete all work pertaining to said
construction within 460 working days from the date of the Notice to
Proceed.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the Contract in accordance with the accepted
Proposal, subject to additions and deductions as agreed upon, and
to make payment on account thereof as provided below:
As soon as is practicable after the first of each calendar month,
the OWNER will make partial payments to the CONTRACTOR for work
performed during the preceding calendar month, based upon the
CONTRACTOR'S estimate of work completed, said estimated being
approved and accepted by the OWNER. Upon completion of work and
final acceptance by the OWNER, the OWNER shall make final payment
based upon the original Contract and subsequent changes made and
agreed upon, if any.
Time is hereby expressly declared
Contract, and the time of beginning,
completion of the work hereunder,
conditions hereof.
PROPOSAL & CONTRACT
to be of the essence on this
manner of progress and time of
shall be, and are essential
83
•
•
•
•
•
If the CONTRACTOR be delayed at any time in the progress of the
work by any act or neglect of the OWNER or of his employees, or by
any other contractor employed by the OWNER, or by changes ordered
in the work, or by strikes, lockouts, fire, unusual delay in
transportation, unavoidable casualties or any causes beyond the
CONTRACTOR'S control, then the time of completion shall be extended
for such reasonable time as the OWNER and CONTRACTOR may decide.
Similarly, should the CONTRACTOR be unable to complete the work due
to persistent inclement weather or because of delays in delivery of
necessary construction components, allowances shall be made in the
completion time. No such extension shall be made for delay
occurring more than seven days before claim therefore is made in
writing to the OWNER. In the case of a continuing cause of delay,
only one claim is necessary.
In the event the CONTRACTOR abandons the work hereunder or fails,
neglects or refuses to continue the work after ten (10) days
written notice, given CONTRACTCR by OWNER, then the OWNER shall
have the option of declaring this Contract at an end, in which
event, the OWNER shall not be liable to the CONTRACTOR for any work
theretofore performed, and OWNER may complete the said Contract at
his own expense, and maintain an action against the CONTRACTOR for
the actual cost of same.
This Contract shall be binding upon the heirs, representatives,
successors, or assigns of the parties hereto.
IN WITNESS WHEREOF, the OWNER and CONTRACTOR have hereto set their
hands and seals, respectively.
Witness
1•
Witness ,i
•
•
SS: Incorporated of Northwest Ansas
Contractor
By
City of ravet:r'ille, :1H.
By:
Owner
PROPOSAL & CONTRACT B4
•
•
•
•
•
•
•
•
GENERAL CONDITIONS
FAYETTEVILLE CITY PARKS
RESTROOM FACILITIES
SCOPE AND INTENT OF SPEC=FICA IONS AND PLANS
The Specifications and Plans are intended to supplement but nct
necessarily duplicate each other, and together constitute one
complete set cf Specifications and Plans so that any work exhibited
in one and not the other, snall be executed, just as it had been
set forth in beth, in order that the work shall be completed
according to the complete design. Should anything to omitted from
the Specifications and Plans which is necessary to a clear
understanding of the work, or should it appear various instructions
are in conflict, then the CONTRACTOR shall secure written
instructions from the OWNER before proceeding with construction
affected by such omissions or discripancies. It is understood and
agreed that the work shall be completed according to the true
spirit, meaning and intent of the contract, Specifications and
Plans.
CWNER
The word "Owner" shall mean the City of Fayetteville, Arkanas, also
referred to as the "City" and to their duly appointed
representative.
WORK AREA
The work area fcr both sites is limited to the immediate vicinity
of the proposed buildings. The CONTRACTOR shall not block or
obstruct driveway and roadways or interfere in any manner with the
ongoing operation and public use of the surrounding park areas.
FIG::RED DIMENSIONS
Figured dimensions, when given in the plans, shall be accurately
followed, even though they differ from scaled measurements. No
work shown on the Plans the dimensions of which are not figured,
shall be executed, until instructions have been obtained from the
OWNER as to the dimensions to be used. Large scale and full size
drawings shall be followed in preference to small scale drawings.
GENERAL CONDITIONS Cl
•
•
•
1 ,
•
•
DANGER SIGNALS AND SAFETY DEVICES
The Contractor shall take all necessary precautions to guard
against damages tc property and injury to persons. He shall put up
and maintain in gocd condition sufficient warning lights, suitable
barricades and other devices necessary to protect the public. In
case the Contractor fails cr neglects to take such precautions, the
Cwner may have such lights and barricades installed and charge the
ccst of this work to the Contractor. Such action by the Owner does
not relieve the Contractor cf any liability incurred under these
specifications or contract.
SANITARY CONVENIENCES
S anitary conveniences, consistent with gocd health standards and
d ecency shall be provided for the workmen. Such conveniences shall
be approved by the local officials responsible for such standards.
Such conveniences shall be maintained in good order and waste
d isposed of regularly and to the satisfaction of said official.
The Contractor shall provide a safe drinking water for all workmen.
The water shall come from a safe source approved by the Arkansas
Department of Health. Water shall be delivered to workmen through
an approved water spigot or angle jet fountain, and the use of a
common drinking cup will be prohibited.
WATERWAYS
Present natural and artificial waterways shall be left open to flow
freely. Temporary dams cr by-passes shall be provided only when
found necessary or ordered by the Owner.
SUNDAY, HOLIDAY, AND NIGHT WORK
No work shall be done between the hours of 6:00 p.m. and 7:00 a.m.,
nor on Sundays or legal holidays, except work as may be necessary
for the proper care and protection of work already performed, or in
case of any emergency, and in any case only with the written
permission of the OWNER.
Tt is understood, however, that night work may be established as a
regular procedure by the Contractor if he first obtains the written
permission of the OWNER, and that such permission may be revoked at
any time by the OWNER if the Contractor fails to maintain at night
an adequate force and equipment for reasonable prosecution and
supervision of the work.
GENERAL CONDITIONS C2
•
•
•
•
•
OWNER'S PROTECTIVE LIABILITY INSURANCE
•
The Contractor shall indemnify and save harmless the Owner from and
against all losses and claims, damands, payments, suits, actions,
recoveries and judgments of every nature and description brought or
recovered against him by reason of any omission or act cf the
Contractor, his agent or e^ployees in the execution of the work or
in the guarding cf it. The Contractor shall obtain in the name cf
the Owner and shall maintain and pay the premiums for such
insurance in an amount not less than $10c,000/5500,000 limits, and
with such previsions as will protect the Cwner from contingent
liability under this contract.
BUILDERS RISK INSURANCE
The CONTRACTOR shall cbtain and maintain throughout the course of
construction a Builders All Risks Insurance Policy in the amount of
the Contract. THis policy shall name as insured the OWNER, the
CONTRACTOR, and their subcontractors.
INSPECTION
This project shall at all times be subject to inspections by
authorized representatives of the City of Fayetteville.
Unless otherwise directed by the OWNER, all work of a permanent
nature which cannot be inspected after completion shall be done in
the presence of an Inspector. It shall be the duty of the
Contractor to notify the OWNER in advance of the beginning of work
after delays, shutdowns, change of work progress or change of
location.
The failure or neglect on the part of the Inspector to inspect,
condemn cr reject inferior materials or work shall not be construed
to imply an acceptance of the same should inferiority become
evident at any time prior to the final acceptance of the work by
the OWNER, or within the time limit of one year as set out in these
Genera; Condition.
The Inspector does not guarantee the performance of the contract by
the Contractor, nor shall his inspection be construed as
supervision of actual construction, nor make him responsible for
providing a safe place for the performance of the work by the
Contractor, or the Contractor's employees, or those of the
suppliers, his subcontractors, nor for access, visits, use, work,
travel or occupance by any person, as these responsibilites are
covered under the provisions of this contract, the Contractor's
GENERAL CONDITIONS C3
•
•
•
insurance and performance bond. Where the provisicns of safety, in
any of its categories, are not being cbserved, and this safety, in
any of its categcries, attention of the OWNER or his
representatives, the OWNER may require standard safety procedures
to be initiated.
GUARANTEE
The CONTRACTOR shall guarantee all materials and workmanship
against defects fcr a period of one (1) year from date of final
acceptance. Upon notification from the OWNER, CONTRACTOR agrees to
promptly repair or replace any defects and all resulting damage to
the satisfaction of the OWNER and at no cost to the OWNER.
CLEAN-UP
The CONTRACTOR shall keep the prcject and work area clean at all
times. No accumulation of waste material or rubbish shall be
permitted, and at the conpletlon of all work the CONTRACTOR shall
remove all rubbish, tools, and surplus materials, and shall leave
the work area "brocm clean" and ready fcr use.
GENERAL CONDITIONS C4
•
•
•
•
•
IMPORTANT NOTES
•
1. It is the intent of these specifications that all of the
facilities would meet the requirements and guidelines of the
American Disability Act (ADA). Parts of the ADA regulations are
attached in section F of this document, however, all the
regulations should be followed whenever applicable.
2. The concrete floor slab should be finished in such a way that it
will drain adequately into the floor drains as outlined on the
plans.
3. Extra care shall be taken to insure that all of the fixture
heights and other dimensions shall comply with ADA guidelines.
4. Colors of any paint or fixtures shall be approved by the parks
department prior to application or installment.
5. The finished grade of the ground around the outside of the
facilities shall be such that will prevent surface water from
entering the building cr create water accumulation.
r
•
1
NIP
•
e
4
.i
Cr I
FAYETTEVILLE CITY PARKS RESTROOMS 1 FRONT ELEVATION 1 D I