HomeMy WebLinkAbout91-94 RESOLUTION•
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RESOLUTION NO. 91-94
A RESOLI.BON AWARDING BID NO. 94-238 IN THE
AMOUNT 01: $218,381.10 TO JERRY D. SWEETSER, PLUS
A CONTINGENCY AMOUNT OF $10,919.00 FOR THE
CEDARWOOD DRAINAGE IMPROVEMENT PROJECT; AND
APPROVAL OF BUDGET ADJUSTMENT IN THE AMOUNT
OF $229,301.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. The City Council hereby authorizes the Mayor and City Clerk to execute
a construction contract with Jerry D. Sweetser in the amount of $218,381.10 plus 5%
contingency amount of $10,919.00 for the Cedarwood Drainage Improvements Project. A copy
of the contract is attached hereto marked Exhibit "A" and made a part hereof.
Section 2. The City Council hereby approves a budget adjustment increasing Bridge
& Drainage Improvements, Account No. 4470 9470 5817 00 in the amount of $229,301.00 and
Transfer to Sales Tax Construction Fund, Account No. 1010 6600 7602 47 by decreasing Use
of Fund Balance, Account No. 4470 0947 4999 99, in the amount of $64,301.00; Transfer from
General Fund, Account No. 4470 0947 6602 01, in the amount of $165,000.00; Use of Fund
Balance, Account No. 1010 0001 4999 99, in the amount of $165,000.00. A copy of the budget
adjustment is attached hereto and made a part hereof.
PASSED AND APPROVED this 16th day of August . 1994.
ATTEST:
By:
J'Loa: 7- J
Traci Paul, City Clerk
APPROVED:
By: ' G.'
i
Fred Hanna, Mayor
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DEPARTMENT OF PUBL;.I'C WORKS
CITY OF 'FAYEITEVILLE
FAYETTE`IL.LE, ARKANSAS
SPECIFICATION & CONTRACT DOCUMENTS
FOR
DRAINAGE IMPROVEMENT
CEDARWOOD SUB.D.IVIS.ION
FEBRUARY 1992
Prepared by:
ETC Engineers and Scientist3
1510 South Broadway
Little Rock, Arkansas 72202
and
City of Favetteville
Enaiaeeti:na Division
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City of Fayetteville
Advertisement for Bid # 94-23
Notice is hereby given that the City of Fayetteville, hereinafter
called the owner, will receive sealed bids at the Purchasing
Office, City Administration Building room 306, 113 W. Mountain St.,
Fayetteville, Arkansas 72701, until 10:30 a.m., local time, on the
27th day of July. 1994, for the furnishing of all tools, equipment,
labor, and materials, and performing the necessary work to be done
to complete the construction of CEDARWOOD DRAINAGE IMPROVEMENTS.
The scope of this project is construction of approximately 1542
1.f. of 30" storm sewer, 2 curb inlets, 10 junction boxes and other
related items. The location of the work is set out in the plans and
specifications on file at the office of the city Engineer,
Fayetteville, Arkansas. Said plans can be inspected or obtained
without any fees, but must be returned by unsuccessful bidders.
Each bid must be accompanied by a surety bond in the amount equal
to five percent (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 to be retained as liquidated damages in case successful
bidder fails, neglects or refuses to enter into the contract for
the construction of said works, and furnish the necessary bonds
within ten (10) days from and after the date the award is made.
The owner reserves the right to reject any or all bids, and to
waive any informalities deemed to be in its best interest.
The attention of all bidders is called to the fact that if this
contract exceeds $20,000 they must be licensed under the terms of
Act 150 of the 1965 Acts of the Arkansas Legislature, as amended.
Pegxg)5s - Purchasing Manager
To: N.W.A. Times
Please publish this ad two times: July 13, 94 & July 20, 94
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UNITED STATES HDEL
KNOW ALL MEN BY THESE PRESENTS:
Jerry J. Sweetser, Inc.
THAT .........
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`GUARANTY COMPANY •'
to SOLI tvntpanyl
BID BOND
BOND NUMBER
oe Fayetteville, Arkansas
, as Principal , and UN'TED STATES ;ICELITY AND
GUARANTY COMPANY, a Maryland corporal on. as Sdrety, are held and 1 rmly bound unto..........
City of Fayetteville Department of Public Works
Five Percent (SZ) of Bid
asCb igee. in the ful and lust sum of ....................................................................................................................................
............................................................................................................................................................................... .. Co tars,
lawfu. ncney o' the Jnitec States. for the paymert of wh ch Sr, well and truly to be made. we bind cdrselves, our heirs, execdtcrs,
adm n strators, sl.ccessors and assigns, Joint y and severally, firmly by these presents.
WHEREAS, the said P•n:ipal s herewith submittng its proposal for furnishing, all labor and materials
for the construction of the Cedarwood Drainage Improvement, Fayetteville,
Arkansas.
THE CONDITION OF THIS OBLIG4TIOh . ^ -hot i' t- acre.ari °rnnpa sha 1 to doirred I e l ah'rart t•c sa Pt r. ipa' ai' nil v' 'he
time required erter into a forma contract and give a good and sd1iaent acnd to secure the perfnirrance of the te-ns and conditicns of
the contract then Ih s cb igat oh to he Kid: otherwise the Pr raga' anc Suety w I pay Jrto the Ob'igee the difference h -grey between
:he amont cf the tid ae he said P- nc aal and 11 a anoint far which the Oh igee legaily cortracts with another party to oerforn tie bo -k
l' the 'site- ancuil be ii extess 01 tie '0 -mer. bd1 r ro inert shvl 'Ability hen Ohre- exceed the petal svn hereof.
July 27, 1994
Signed. sea ed and ce iee-ed ..............................
IDat&
Secretary
eurtrn t 11 :Revi'edl 11-741
Jerry D. Sweetser, inc.
Robert M.
;SEAL]
:SEAL]
UNITED STATES FIDELITY AND GUARANTY COMPANY
Afto•ner-'ndart
Davis
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• 4 • ! a d • N9 299352
UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY
NO. 106636
KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY. a corporation organized and existing
under the laws of the Slate of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
A.P. Eason, Jr. and Robert M. Davis
of the City of Fayetteville , SWe of Arkansas its Inn and lawful Attorneyls)-in•Facl, each in their separate
capacity if more than one 's named above, to sign its name as surety to. and to execute. sea. and acknowledge any and all bonds, undertakings, contracts and other
written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons. guaranteeing we performance of contracts:
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal.
duly attested by the signatures of its Senior Vice President and Assistant Secretary, This 22nd day of January , A.D. 1993 .
SATE OF MARYLAND)
BALTIMORE CITY )
UNITED STATES FIDELITY AND GUARANTY COMPANY
04. (Signed) By.. yn!f
1 f\
(Signed) By .. (/j74✓
Senior Vice President
Assistant Secretary
On this 22nd day of Jan.Jary .A.D.1993 ,beforemepersomilycame Robert J. Lamendo1a
Senior Vice President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Paul D. Sims , Assistant
Secretary of sand Company. wrtb both of whom 1 am get tally acquainted, who being by me severally duly sworn, mid, that they, the said Robe r t J.
Lamendoia and Paul D. Sims were respectively the Senior Vice President and the Assistant Secretary of
the said UNITED STATES FIDELITY AND GUARANTY COMPANY. the corporation described in and which executed the foregoing Power of Attorney; that they
each knew the seal of said corporation: that the seal affixed to said Power of Attorney was such corporals seal, that it was so affixed by order of the Board of Directors
of said corporation, and that They signed their names thereto by like order as Senior Vice President and Assistant Secretary, respectively. of the Company.
My Commission expires the lith day in�.March A.D. 1995
(Signed`, .. ..
r's NOTARY PUBLIC
♦mar
This Power of Attorney is granted under and by authonty of the following Resolutions adopted by the Board of Directors of the UNTIED STATES
FIDELITY AND GUARANTY COMPANY on September 24. 1992:
RESOLVED that in connection with the fidelity and surety insurance business of the Company. all bonds, undertakings. contracts and other instruments
relaung to said budoess may be signed. executed. and scicriowlged by persons or entities api::eted as Atem_eyf s) -m -Fact ours!art to a Power of Attorney issued rn
accordance with these resolutions. Said Power(,) of Attorney for and on behalf of the Company nay and shall be executed in Ibe name and on behalf of the Company,
either by the Chairman, or the President, or an Executive Vice President. or a Senior Vice President, or a Vice President or an Assistant Vice President jointly with the
Secretary or an Assistant Secretary. under then respective designations. The signature of such officers may be engraved. printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attorney(,) -in -Ful for purposes only of executing and attesting bonds and undertakings and other wntings obligatory in the nature thereof. and unless subsequently
revoked and subject to any limitations set loth therein. any such Power of Attorney or cenrficate beanng such facsimile signature or facsimile sea: shall be valid and
binding upon the Company and any such power so executed and certified by such tacsimnc signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which rt is validly attached
RESOLVED. that Attornry(s).io-Fact shall have the power and authonty unless subsequently revoked and, in any case, subject to the terms and limitations
of the Power of Attorney issued to them to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings.
and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-m-Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
L Paul D. Sims . an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY.
do hereby certify that the foregoing is a tn,e excerpt from the Resolution of the said Company as adopted by as Board of Directors on September 24. :992 and that this
Resolution is in hill force and effect.
1, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify That the foregoing Power of
Attorney us in full force and effect and has not been revoked.
In Testimony Whereof, 1 have hereunto set my hand and the seal of ITE STATES FIDELITY AND GUARANTY COMPANY on this day
of .19 .
�amAsb_ ICJ .
FS 3 (10-92)
Assistant Secretary
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Place Cl popergas:�
Date ji,/ 27
PROPOSAL
Proposal of
organized and existing under the laws
. and qualified to do
Arkansas; a Partnership* consisting of
Individual* trading as
FAYETTEVILLE, ARKANSAS:
JERRY D. SWEETSER, INC
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a corporation*
of the State cf
business in the State of
an
, TO THE CITY' OF
The bidder to compliance with your invitation for bids for the construction of
Drainage Improvements, Ceda-wood Subdivision, having examined the Plans and
Specifications with related documents and the site of the proposed work, and being
familiar with all the conditions surrounding the work, including the availability of
materials and labor, hereby proposes to furnish all labor, mate, ials. and supplies
required to be furnished. and at the prices stated below. These prices are to cover
al] expenses incurred in performing the work required under the Contract
Documents, offwhich this proposal is a part.
Bidder hereby agrees to commence work under this contract on a date to be
specified in a written "Work Order" of the Engineer, and to fully complete the
project within 60 consecutive calendar days.
Bidder acknowledges receipt of the following addenda:
* Fill out applicable blank
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BASE BID
UNIT PRICE SCHEDULE
FOR
CEDARWOOD DRAINAGE IMPROVEMENTS
Item Estimated Quantity
No. and Description
Unit
Price
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Extended
1. 1124 L.F. 36" Class III
concrete pipe per specs.
complete in place
Scvtec-1 �i �� avid ck° (� —
Doll$rs 7 G $ 88,683.0 /82d
2. 665 L.F. 30" Class III
concrete pipe per specs.
complete in place
,SGA0,�Lci, �o
/rs
Dollars ��. 30 $ 96, 7q Se
3. 445 L.F. removal and
disposal of existing
concrete ditch paving
Weetti Ck✓l.2
Dollars 60
o2Oiir—
r�-
$9(2:6.c _
4. 2 each construct new
junction box
(5'x 8')
I -2.Q Ylo4cU 2c1 CiinA. of/aft,-
Doll$rsJ02 3 � • $ 4IZ /C.00
5. 14 each construct new
standard junction box
DollarsIf Id; fy-
$CC.
$ /141x2 DO
6. 50 L.F. remove & replace
existing curb
Q•��I /0o —
Dollars
$ aC:
oC
$ /6n0.°
7. L.S. relocating existing
arch CMP sta 0+00 to +/-
ata 0+45
Cij Q u - KA 'r, p•da e-cv ciA d. c t«
Dollars s Q0
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8. 2 each tie-in existing
corrugated metal pipe(s)
to new junction box
• 4111
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V -2 I hu✓ A1-( a tsi
Dollars
$ SGb
9. 20 cubic yards rock
riprap furnished and
complete in place
to4� a I ss: 0-c,ollars
cO
/006.
D
OG
s 1:3 dace'
10. 1 each construct new
junction box
with field inlet
oD
ie c ku,ic! t-Cr1 and ,��
Dollars
$ /760.-°- $
11. 60 square yards cut &
replace existing
asphalt street
bri
II o�
a✓tc1 ! oD
Dollar
smoc.'
12. 195 square yards cut &
replace concrete street
i
DollaEs) �/off �p -
$ `7 $ P
13. 30 square yards cut &
replace existing
sidewalk
Dolla
$
14. Lump Sum fertilizing,
mulching, seeding,
sodding, etc
)1x'- osarid-1')rite)1urnc]l.ec�-F
Dolts/ 333 .00
32.— $ X333'00
q�
15. Lump Sum Mobilization /
Demobilization
er_ih3o,stvtA (lV 1AI C_ct aid 'lap
Dollars SiiCi� $
16. Lump Sum Trench Safety
per OSHA's regulations
II,JQxt- OAP nu tdrei tang/ -46D
Dollars f smo,
(OD
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17. 2 each concrete flared -
end section for 30" pipe
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1X huY+ Qsi /1 . s�C RatDollars /cc ��- "$��-/2C&
18. 1 each corrugated metal '\U -Q b(k\f-C.X anc °v(IL5�
flared -end section for Dollars
ob_— `//�
existing arch pipe sta 0+00 $ sac • $ ,% (.�ca
19. 85 square yards
cut and replace
existing driveway
Doll$rsJ ds=� $ b Ce)
20. 32 L.F. 24" Class III
Concrete Pipe per specs.
Complete in Place
J.e
Dollars 1
G'II
v.d )00
$ X02 9G'.
TOTAII W O hu4d42a JCL
•ILealD'SSQAJ ✓--e IlUrbatated S I !/81
` • J
(numbers)
(words) eljk%-one oi.nd l%oo
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• The unit prices shall include all labor, materials, bailing, shoring, overhead, profit, insurance,
etc, to cover the finished work of the several kinds called for.
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Bidder understands that the Owner reserves the right to reject any or all bids and to waive any
informalities in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty
(60) calendar days after the scheduled closing time for receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidder will execute the forma]
contract attached within ten (10) days and deliver the Surety Bond or Bonds as required by
Paragraph 8 of the Genera] Conditions. The bid secunty attached in the sum of
5 Za 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 expenses to the Owner caused thereby.
By JERRY D. SWEETSER, INC,
(Svti75 rx
SEAL - of bid is by a corporation
100 West Cen4ter Suite POI
Fayetteville, AR
/2702-421F
Mc 501-521-22:4:4
IH.l1RED
Jerry Uweetser,
'.i')ID W. Poplar
Fayetteville AR
12703
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Put NUI URL Nu, tilt Nu uM In un On U'.In..0
POI Kid Balks'
.. ICnIIU 01 lin
COMPANIES AFIIUUDINU COVERAGE
COMPANY LETTCR A Hituminuus Insurance Lo.
UMMI LETTER 11
(AIIYWY LE TIER C
LtRIANY LETTER U
CTMFYTNY LEITER E
COVERAGES 1 -
1HIS IS 10 URIIFY 1IV1 POLICIES O INSMANLE LISTED BLLLM HAVE BEEN ISSUED 1E1 THE INSURED WED ABOVE FOR THE POLICY
PERIOD INDICATED. 110IWIR151ANDING ANY REOUIPOENT TERN OR CONDITION UF AMI CONTRACT OR OTHER OOLUk7(T WITH RESPECT TO
WHICH 11119 CERTIFICATE M Y Bl ISSUED OR MAY PERinIh THE INSURAMl AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 10
ALL TERMS, EXCLUSIONS, FIND CONDITIONS OF SWI POLICIES. LIMITS 9134N MY IIAVE BEEN REDUCED BY PAID CLAIMS.
LIMI IS
A
A
TYPE OF INSURANCE
GENERAL LIABILITY
(XI 11MMRRLII (411 LIABILITY
I ] CLAIMS MADE IX ] ILC.
(TO (MITERS'S 8 IXMIRRI.TDR'S
PROTECTIVE
I1
(1
AUTOMOBILE LIAR
61 IXC ANY AUTO
(
3 ALL OWED AUTOS
1
3 SU1EDIED AUTOS
I 1 HIRED AUTOS
I 1 NUN -OWED AUTOS
L 1 GARAGE LIABILITY
I1
A
A
A
POLICY NUMBER
EXCESS LIABILITY
IXC UMBRELLA FOAM
I 3 U1HER THAN LtMAIIELLA FORM
WORKERS' COMP
AND
EMPLOYERS' Linn
OMER
EER
Inland Marine
CLP2131174
CAP 11313240
UUP1786039
WC122292
CLP? 131 1 71i
POLICY EFF
DATE
10/30/93
10/30/93
POLICY EXP
DATE
10/30/93
10/30/93
10/30/11
DESCRIPTION W IIPFRATIONS/LOCATIONS/VEHICLES/SPLCIAL ITEMS
$500,000 per person -41,000,000 General
g 4 ��l] AR 72701 rayet)tevil]11� AR 72702 _
l CE�I�ILAt1tg Ih1LDEN e{— _— - SHIM , OF 1FE ABOVE DESCRIBED POLICIES BE (AICELLED BEFORE THE EX-
= PIRATION DATE THEREOF THE ISSUING COFPYMIY WILL ENDEAVOR TO MAIL 30
= DAYS WRITTEN NOTICE 111 1lt CERTIFICATE HIDER NAMED 10 THE LEFT BUT
= FAILURE 10 MAIL SUCH NUM SHALL IMPOSE NO OBLIGATION OR LIABILITY IF
= ANY KIND UPON 111E COMPANY, 115 AMOS UR REPRESENTATIVES.
City of Fayetteville,
cL�e� a�ox r]�'Zt3
113 W. Fountain
GwwERAL AGGREGATE 12,00281008
10/30/94 P14.11)-COM/OP AN.
PERS. 1 ADV. INJURY 1, INN, 000
IAUI OLtURRENLt 1, 600,000
FIRE Walt
IIMY ONE FIRE) 60, 000
MED. EIIVb
IFtIY RE PERSON) 6, 000
OM1. SIMILE LIMIT 1000000
10/30/94 BODILY INJURY — --
!PEPOISON)
BODILY INJURY
(PER AttIDEN1)
10/30/94
10/30/94
10/30/94
PRGbLR1Y DW(R6E-_-
EALIIOLCURREWS P2000000
A6UREGAIE e000000
XISTATUTORY LIMITS
EACH ACCIDENT
1000000
015176E411. UNIT 6000000
DIstASE FAGI ETP. 1000000
1324149 Li.IL
OLP Bituminous 6/6/94-6/6/95
Aggregate. Additional insured are
Officers, Agents and Employees
City Of Fayetetteville
113 W. Mountain
Fayetteville AR
12/01
ACORD 25-5 (7/981_
AUTINRIIED REPHES}NIA1IVE
Robert Michael Uavi45 4
aMMIM
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UNITED STATES FIDEEI
UARANTY COMPANY
(A Stock Company)
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
We Jerry D. Sweetser, Inc.
as Principal. he•e•rafler caled Prncipa. ard LNITED.STATES FIDELITY AND GUARANTY COMPANY a
coroporation organized and exist rg under the laws of the State cf Maryand and authorized to do business
in the State of Arkansas as Surety, nereina'ter cal ed Surety, are held anc firmly bound urtc ...... ......
City of Fayetteville Deaaclurent of Public idor.ss
as Obligee. hereinafter cal ed Owner, in the amount of..'IW°. 11.4t4 -ed, Fi_chteet:_ T cusa id, Three..,
Ilundrec Eighty -One dollars and 1 gig 00. ...... ......
Dollars (8. $218, 381.10) 'or the payment wiereof Principal and Surety bind themselves. their heirs.
personal representatives. successors and assigns cintly ard severally. firmly by these preserls
Pr ncipa las by written agreement dated KacTi-Istp. 16., 1994..,., ,.. ,., . entered Into a contact
with Owner 'or furnishing al . labor an materials for the construction of the
Cedarwood Drainage Trproverent, Fayetteville, Arkansas.
whit', contract is by re'ererce mace a part hereof. and is
hereinafter referred to as the Cortract.
THE CONDITION OF THIS OBLIGATION is such that if the Principal shall falhfu ly perfo•m:he Contract
on his part ard shall hi ly indemnity and save Harmless the Owner from al: cost and damage which he may
surer by Feasor of fai ure sc to do and sha I 'ul y reimourse and repay the Owner al! outlay and expense
which the Owner may rcur n making good any such default. ard. further. that if the Principal steal pay all
persons all indebtedness for labor or mater als finished or per`ormed uncer said Corlract failing which such
persons shall have a direct rignt o` actior against the P•inc:pal and Surety. jointly and severally, under this
obligation, subject to the Owrer's priority. then this ob igatron shall be null and vo d: otnerw se it shall rema n
in lull force anc effect
No suit, action or proceed ng shall be brought on this bona outside the State of Arkansas. Nc suit, act cn
or proceeding shall be brcugn: on this pord except by the Owner. Lrless it is brought in accordance wlh
A.C.A. Section 22-9-403 (b) ard A.C.A. Seclior 18-44-503 (b) (Supp. 1987) as amended. No sul, action o•
proceeding shat• be brought by the Owner after two years from the date on which final payment under the
Contract falls due.
Ary alterations which may be mace in the terms o' the Contract. or in the work to be done under i:. or
the giving by the Owner of any extension of lime for the perfcrmance o` the Contract. or ary other torbetance
on the Dart et either the Owner cr the Pr re pa to the ether snail no: in any way release the Principal ard
the Surety or Sureties. or either or any of Them ter he rs, personal representatives successors or assigns
from their liabi ity hereunder. notice to the Surely or Sureties of any such alte•at cn. extensior or forbearance
being hereby wa ved.
In no event shat the aggregate lability of :he Surety exceed the sum set out herein
.. day of. 19 94 .
Executed on this .....22nd..
1
Coni•acl 158 (A•kansasl (11-89)
Jerrryy D. Sweetser,
y Pee s en
- nrincioal
UNITED STATES F DELITY
AND GUARANTY COMPANY
Surety
Attorney -n -fact a•;
I r •
Robert M Davi s
under the
A.P.
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UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY
NO. 106636
936016
4PU$FG
KNOW ALL MEN BY THESE PRESEiv :S: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing
laws of the State of Maryland and having Its principal office at the City of Baltimore. in the State of Maryland, does hereby constitute and appoint
Eason, Jr. and Robert M. Davis
ofthe City of Fayetteville , State of Arkansas its tine and lawful Attorney(s)-in-Fact. each in their separate
capacity if mote than one is named above. to sign its name as surety to. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other
wntten instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or pemutted in any actions or proceedings allowed by law.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal.
duly attested by the signatures of its Senior Vice President and Assistant Secretary. this 22nd day of January , A D. 1593
STATE OF MARYLAND)
BALTIMORE CITY )
(Signed)
(Signed)
SS:
UNITED STATES FIDELITY AND GUARANTY COMPANY
BY /'246
/
ZVI
Senior Vice President
Assistant Secretary
onthis22nd dayof January ,A.D.1993 . before mepersoSlycame Robert J. Lamendola
Senior Viet President of the UNITED STATES FIDELT Y Alda GUARANTY COMPANY and Paul D. Sims . Assistant
Secretary of said Company, with both of whom I am peaonally acquainted, who being by me severally duly swam, said that they, the said Robert J.
Lamendola and Paul D. Sims were respectiweythe Senior Vice President and the Assistant Secretary of
the said UNITED STATES FIDELITY A' O GUARAN TY COMPANY, the aotporatioo descnbed in and which executed the foregoing Power of Attorney: that they
each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such oorponce seal, that it was so affixed by order of the Board of Directors
of said corporation, and that they signed their names thereto by like oiler as Senior Vice President and Assistant Secretary. respectively, of the Company.
My Comnussion expires the lith day in —.March A.D.19 95.
(Signed)
NOTARY PUBLIC
This Power of Attorney is granted under and by nutbonty of the following Resolutions adopted by the Board of Duecton of the UNITED STATES
FIDELITY AND GUARANTY COMPANY on September 24. 1992:
RESOLVED, that m connection with the fidelity and surety insurance business of the Company, all bonds. undertakings, contracts and other instruments
relating to said business maybe signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman. it the President. or an Executive Vice President or a Semor Vice President, or a Vice President or an Assistant Vice President jointly with the
Secretary or an Assistant Secretary, under thew respective designations The signature of such officers may be engraved, printed or hthogeaphed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Atlomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and. unless subsequently
revoked and subject to any limitations set forth thertxn, any such Power of Attorney or certificate beating such facsimile signature or facsimile sed shall be valid and
binding upon the Company and any such power so executed and cert.fied by such facsimile signature and facsimile sed shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is validly attached.
RESOLVED. that Attomey(s)-ri-Fact shall have the power and authonty, unless subsequently revoked and, in any case subject to the terms and limitations
of the Power of Attorney issued to them. to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings.
and other writings obligatory in the nature thereof. and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Commpaoy 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 foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this
Resolution is in full force and effect
L the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of
Attorney is in full fora and effect and has not been revoked.
In Testimony Whereof 1 have hereunto set my hand and the seal of r% I STATES FIDELITY AND GUARANTY COMPANY on this day
of . 19 .
FS 3 (10-92)
Assistant Secretary
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CONTRACT AGREEMENT
1. THIS CONTRACT AND AGREEMENT, made and entered into this 16LIllay
of Auast , 19 94 , by and between the City of Fayetteville, .Arkansas, :Pam the
First Fart, acting through its duly authorized representative, and
„erry D. Sireetser, Inc.
590 Poplar F.treet
Th etteville, A? 72703
Party of the Second Part:
WITNESSETH:
That for and in consideration of the payments to be made as hereinafter set forth, the Party
of the Second Part hereby agrees to furnish all tools, labor, equipment, materials, and
applies required to be furnished and to construct the improvements designated as
Drainage Improvements, Cedarwood Subdivision
for the City of Fayetteville, Arkansas, in exact accordance with the Plans on file at the
Office of the City Engineer, and Specifications, Proposals, Stipulations, and Special
Provisions attached hereto and made a part hereof as fully as though copied herein, under
the direction and to the entire satisfaction of the Party of the First Part and in accordance
with the laws of the State of Arkansas.
2. It is further agreed and understood by and between the parties hereunto that the
Party of the First Part agrees to pay and the Party of the Second Part a ees to accept as
full and final compensation for all work done under this agreement, the Unit Prices and/or
Lump Sum Price named in the Proposal which is hereto attached, such payment to be
made in Iawful money of the United States, at the time and in the manner set forth in the
Specifications.
3. The Party of the Second Part agrees, for the consideration above expressed, to
begin and complete the work within the time specified in the Proposal. Time is expressly
made of the essence of this Contract. If the Party of the Second Part shall fail to complete
the work in the time specified he shall pay to the Party of the First Part, as liquidated
damages, ascertained and agreed, and not in the nature of a penalty, the amount specified
in the Proposal for each day delayed, for each Schedule delayed, which shall be deducted
from the final amount to be paid under the Contract. Extensions of time may be granted
with waiver of liquidated damages as provided for in the Specifications.
4. The Party of the Second Part agrees to furnish a Bond, with an approved Surety
thereon, guaranteeing the performance of this Contract, as required by the laws of the
411thereon,
of Arkansas, and for not less than one hundred (100) percent of the amount of this
Contract. Said Bond shall be conditioned on full and complete performance of this
Contract and acceptance by the City of Fayetteville for the payment of all labor and
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The Contractor shall furnish adequate sanitary facilities for workmen in the work area during
the construction period.
33. CONSTRUCTION SAFETY.
Throughout these specations, whenever engineering decisions are to be made to ensure
adequate construction in accordance with the plans and specifications, such inspection and
engineering decisions are not to be construed as supervision of the Constractors' work force, nor
make the Engineer responsible for providing a safe place for the performance of the work by the
Contractor or the Contractors' employees or those of the suppliers, his subcontractors, nor for
access, visits, use, work, travel, or occupance by any person, as these responsibilities are covered
under the provisions of the contract, the Contractors insurance and performance bond and
cannot be the responsibility of the Engineer.
The above provision does not prevent the Engineer or his personnel from requiring reasonable
safety standards, if, in the course of their technical supervision, it comes to the attention of the
Engineer that reasonable safety standards are not being carried out.
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The Contracting Authority may withhold or, on account of subsequently discovered evidence,
nullify the whole or part of any certificates to such extent as may be necessary to protect the
Contracting Authority from loss on account of:
(a) Defective work not remedied,
(b)
Claims filed or reasonable evidence indicating probable filing of
claims,
(c) Failure of the Contractor to make payments properly to Sub -
Contractor or for material or labor,
(d) Damage to another Contractor,
(e) Incomplete work.
When the above grounds are removed, payment shall be made for amounts withheld because of
them.
SHOP AND ERECTION DRAWINGS'
The Contractor shall furnish the Engineer with triplicate copies of all shop and erection
drawings for approval. These drawings shall include the drawings prepared on structural and
reinforcing steel, special layout drawings of equipment or machinery purchased under this
Contract, and other supplementary drawings required in the prosecution of the work. One copy
shall be returned to the Contractor and two copies retained by the Engineer for field and office
reference. The approval of such drawings by the Engineer does not constitute an acceptance of
responsibility of their accuracy.
31. LABORATORY TESTS'
All material entering into the work is subject to various tests as may be required by the
specifications. The cost of all such tests shall be the responsibility of the Contractor furnishing
such material.
The Contractor shall also bear the cost of any tests arising out of his desire to use materials
which may be questionable in the opinion of the Engineer.
32. DRINKING WATER AND SANITARY FACILITIES -
The Contractor shall provide safe drinking water for his workmen during the construction
period. The water shall be delivered through a spigot, angle jet fountain, or other approved
device. Common drinking cups will be prohibited.
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10. EXCEPTIONS TO INSTRUCTIONS TO BIDDERS:
If this contract is less than $20,000.00 the following exception applies:
The Contractor is not required to he licensed under the terms of Act 150 or the 1965 Acts of
the General Assembly.
11. TIME OF COMPLETION AND LIQUIDATED DAMAGES:
Bidder must agrre to commence work on or before a date to be specified in a written "No:ice
to Proceed" of the l ler and to fully complete the project within 60 consecutive calendar days
thereafter. Liquidated damages are hereby set at $200 per calendar day.
12. NOTICE OF SPECIAL CONDITIONS:
Attention is particularly called to those parts of the contract documents and specifications
which deal with the following:
(a)
(b)
(c)
(d)
Inspection, and testing of materials.
Insurance requirements
Wage rates.
Special equipment which the Contractor must use on the job.
13. SAFETY STANDARDS AND ACCIDENT PREVENTION:
With respect to all work performed under this contract, the Contractor shall:
1. Comply with the safety standards provisions of applicable laws, building and construction
codes and the "Manual of Accident Preven:inn in Construction" published by the Associated General
Contractors of America the requirements of :he Occupational Safety and Health Act of 1970 (Public
Law 91-596), and the requirements of Title 29 of :he Code of Federal Regulations, Section 1518 as
published in the "Federal Register", Volume 36. No. 75, Saturday, April 17, 1971.
2. Exercise every precaution al a:] times for the prevention of accidents and the protection of
persons (including employees) and property.
3. Maintain at his office or other hell 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 doctors care of persons (including emplo).ees), who may he injured on the job site. In no case
shall emp. sees be permitted to work a: a joy site before the employer has made a .coding
arrangement for the remoi.al of injured persons to a hospital or a doctors care
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5. MODIFICATION OF BIDS:
No modification of bids already submitted will be considered unless such modifications are
received prior to the hour set for opening.
6. BID BONDS, CONTRACT BONDS. AND INSURANCE:
Attention of bidders is called to Act 82 of the 1935 Acts of the Arkansas General Assembly,
which requires that all bid bonds, performance bonds, labor bonds, employer's liability insurance,
public liability insurance, workmen's collective insurance, and property damage insurance must be
secured through resident agents of Arkansas.
CLARIFICATION OF CONTRACT DOCUMENTS:
If any person contemplating submitting a bid for the proposed contract is in doubt as to the
true meaning of any part of the Plans, Specifications, or other proposed Contract Documents, be may
submit to the Engineer a written request for any interpretation thereof. The person submitting the
request will be responsible for its prompt delivery. Any interpretation of the proposed Documents will
be made only by an Addendum duly issued, and a copy of such Addendum will be mailed to each
person who has previously secured or who subsequently secures a set of Documents. The Contracting
Authority will not be responsible for any other explanations or interpretations of the proposed
Documents.
8. EXECUTION OF CONTRACT DOCUMENTS;
Following the award and within ten (10) days, provided for in the Proposal, the successful
bidder shall properly execute five (5) counterparts of the Contract Documents.
9. BASIS OF AWARD:
Bids will be considered on the basis of the total bid price or prices given in the Proposal. In
the event Unit Prices are required they will not be considered except that evidence of serious
unbalancing of the Unit Prices shall be considered cause for rejection of bids.
The Contract(s) will be awarded to the bidder (or bidders in the case of more than one
Schedule of Work) submitting the lowest and best bid (or combination of bids), considering the
Contractor's experience and ability to do the work, and the character and quality of the equipment he
proposes to furnish. The Contracting Authority reserves the right to select such bids or combination of
bids which in its opinion would serve its interest best.
The Contracting Authority reserves the right to select between any Alternatives in the
Proposal.
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contract bond within ten 00) days after the prescribed contract and bond forms are presented for
signature.
Checks of unsuccessful bidders will be returned immediately after a contract has been executed.
4. PROPOSALS:
(a) Proposals shall be strict!) in accord with the prescribed forms, furnished with the
Specifications. Any modifications or deviations therefrom may be considered sufficient cause for
rejection.
(h) The bidder shall state in words and figures the Lump sum and unit prices for which he
proposes to de each i;:• -i of work covered by the Proposal. In case words and figures do not agree, the
words shall govern and ;he figures shall he disregarded.
(c) It is to he understood that the lump sum _quired in the Proposal is for the furnishing of
all materials required to be furnished and the doing of all work required under these Contract
Documents, including items for which no quantities are given, and the quantities given in the 'List of
Variable Quantities' at the end of the Proposal. The "Unit Prices for Variation of Quantities" required
are for adjustment of the 'Basic Bid" bj reason of variation of actual variable quantities from the
quantities given in the 'List of Variable Quantities". In case unit prices are not required, it is to be
understood that the lump sum required in the Proposal is for the furnishing of all materials required to
be furnished and the doing of all work required under these Contract Documents.
(d) Proposals must he signed, in writing. by an individual authorized to bind the bidder.
(e) Proposals must he submitted complete, with all other Contract Documents in their original
bindings as furnished bs the Engineer. The} must he submitted at the place and on or before the time
specified in the Advertis.ment for Bids.
(f) Proposals must be submitted in sealed envelopes addressed to the Contracting Authority.
and clearly marked on the outside of the envelope, 'Proposal for Construction Contract" to be opened
at (date and time). The Bidder's current Arkansas Contractor's license number must be marked on
the envelope.
(g) The Contracting Authority wit] not consider bids covering only a portion of these
Specifications.
(h) The unbalancing of bids will not be tolerated. Evidence of materia! unbalancing will be
considered cause for rejection.
(i) The Owner reserves the right to reduce the amount of items at the unit price for each as
shown in the Contractor's proposal to match budgeted funds.
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