HomeMy WebLinkAbout93-94 RESOLUTION1
RESOLUTION NO. 93-94
A RESOLUTION AWARDING BID NO. 94 57 IN THE
AMOUNT OF $67,700.00 TO MOBLEY CONSTRUCTION AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT FOR CLEARING OF THE LAND
ACQUISITION AREA ON THE WEST SIDE OF HIGHWAY 71
AND DEMOLITION OF THE REMAINING STRUCTURES OF
THE EAST SIDE OF 1'HE HIGHWAY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. The City Council hereby awards Bid No. 94-57 in the amount of
$67,700.00 to Mobley Construction and authorizing the Mayor and City Clerk to execute a
contract for clearing of the land acquisition area on the west side of Highway 71 and demolition
of the remaining structures of the east side of the highway. A copy of the contract is attached
hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 16th day of August , 1994.
ATTEST:
By: ( /.2�`�
Traci Paul, City. Clerk
APPROVED:
By: //6L1
/4 y 6.:s
Fred Hanna, Mayor
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BID =94-57
DIVISION OF PURCHASING
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
DEMOLITION/REMOVAL OF TREES, CONCRETE, FENCELINE & DEBRIS
DATE 7-14-94
THIS PROPOSAL WILL BE RECEIVED BY THE PURCHASING OFFICE,
ROOM 306, CITY ADMINISTRATION BUILDING UNTIL
August 8, 1994 at 1:30 p.m.
AT WHICH TIME IT WILL BE OPENED AND READ ALOUD
ADVERTISEMENT IN THE NORTHWEST ARKANSAS TIMES TO
BE PUBLISHED TWO TIMES:
July :7, and July 24, 1994
BIDDERS ARE RESPONSIBLE FOR FULL COMPLIANCE WITH THE ATTACHED
INSTRUCTIONS TO BIDDERS AND BID PROPOSAL FORM.
FOR ADDITIONAL INFORMATION CONTACT Pe44v Bates
AT 501-575-8256.
FIRM
THIS IS THE PROPOSAL OF
Mobley Contractors, inc.
MAILING AND/OR STREET ADDRESS
CITY Morrilton
PERSON TO CONTACT
DATE
P.C. Box 150/Highway 287 Fast
STATE
Arkansas
Ronald F. Xcbley
ZIP CODE
72110
August 8, :994
SIGNATURE
PHONE NO. 501-354-25:0
SPECIAL NOTE: A PRE-BID
July 25, 1994
ROOM AT THE FAYETTEVILLE
ATTEND.
TITLE President
ERENCE AND SITE VISIT WILL BE HELD ON
AT 2:C0 n.m. IN THE AIRPORT CONFERENCE
MUNICIPAL AIRPORT. VENDORS ARE URGED TO
PAGE 1
TABLE OF CONTENTS
PUBLIC NOTICE 3-6
BID PROPOSAL 7-13
INSTRUCTIONS TO BIDDERS & SPECIFICATIONS 14-22
INSURANCE 23-24
MAP 25
EEO REPORT FILING CLAUSE 26
BID BOND 27
PERFORMANCE BOND 28-29
CONTRACT 30-32
NOTICE TO PROCEED 33
CERTIFICATIONS 34-37
WAGE, LABOR, EEO & SAFETY REQUIREMENTS 38-39
DAVIS BACON ACT REQUIREMENTS (29 CFR PART 5) 40-48
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT 49
EQUAL EMPLOYMENT OPPORTUNITY 50-51
CLEAN AIR AND WATER POLLUTION CONTROL 52
EEO CONSTRUCTION CONTRACT SPECIFICATIONS 53-56
CIVIL RIGHTS ACT OF 1964, TITLE VI (49 CFR PART 21) 57-58
TERMINATION OF CONTRACT (49 CFR PART 18) 59
BUY AMERICAN 60
DBE (49 CFR PART 23) 61
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PAGE 2
NOTICE TO CONTRACTORS
Notice is hereby given that in pursuance to an order of the city of
Fayetteville, sealed bids will be received at the purchasing Office or
Room 372 of the City Administration Building, 113 West Mountain,
Fayetteville, Arkansas, until .:30 p.n. , on the 8t:h day of
August , 1994 , for the furnishing of all tools and labor, and the
performance of work to be done for the demolition/removal of slabs,
fence lines, utility connections, underground shelter, trees, well and
debris at Drake Field, Fayetteville Municipal Airport.
Work under this Contract shall include the referenced
demolition/removal on tracts 58, 59, 60, 61, 62, 63, 70, 71, 72, 73,
74, 75, 76, 77, 80, 81, and 82 west of Highway 71 in the Bailey Drive
vicinity. The structures on tracts 25, 39, 42, and 45 are to be
demolished. The trees and brush on these tracts are to remain.
The location of th work is set out in the Plans and Specifications to
be on file in the City of Fayetteville Purchasing Office (Room 306),
113 W. Mountain Street, Fayetteville, Arkansas All bids will be
opened and considered at a meeting, to be held in Room 306 at the City
Administration Building, 113 West Mountain, Fayetteville, Arkansas at
1:30 p.m local time, on the 8th day of August , 19 94 ,
and at such adjourned meetings thereafter as may be necessary.
All necessary work, and removal, shall be in accordance with the Plans
and Specifications as prepared by the City. Copies of the Documents
may be obtained from the office of the Purchasing Officer in Room 306,
at 113 W. Mt. St., Fayetteville, Arkansas.
A Pre -Bid Conference will be held at 1:3Opn on July 25th , 19 94
at the Airport Managers office in the Terminal Building, Drake Field,
Fayetteville, Arkansas. The purpose of this meeting is to review the
project requirements with the prospective bidders and to tour the
project site if necessary.
Bidders shall make such inspection and studies of the site of the work
as to thoroughly familiarize themselves with all conditions to be
encountered.
Each bid must be accompanied by a surety bond (proposal guaranty) in
the amount equal to five percent (5%) of th 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 the
successful bidder fails, neglects, or refuses to enter into the
contract for the construction of said works, and furnish the necessary
bonds within fifteen (15) days from and after the date of the Notice
of Award.
PAGE 3
NEWSPAPER ADVERTISEMENT - Cont'd.
Page Two (2)
The successful bidder will be required to furnish separate performance
and payment bonds, in favor of the City of Fayetteville, Fayetteville,
Arkansas, in an amount equal to one hundred percent (100%) of the
contract amount, at the time of the award of the contract.
Notice is hereby given that the City of Fayetteville is an Equal
Opportunity employer.
Buy American Requirement. Unless otherwise approved by the FAA, the
sponsor will not acquire or permit any contractor or subcontractor to
acquire any steel or manufactured products produced outside the United
States to be used for any project for airport development for which
funds are to be provided under the FAA grant.
It is the policy of the Department of Transportation (DOT) that
disadvantaged business enterprises as defined in 49 CFR Part 23 shall
have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Federal funds.
All bidders and proposers shall make good faith efforts, as defined in
APPENDIX A of 49 CFR Part 23, Regulations of the Office of the
Secretary of Transportation, to Subcontract ten (10) percent of the
dollar value of the prime contract to small business concerns owned
and controlled by socially and economically disadvantaged individuals
(DBE). In the event that the bidder of this solicitation qualifies as
a DBE, the contract goal shall be deemed to have been met.
Individuals who are rebuttable presumed to be socially and
economically disadvantaged include women, Blacks, Hispanics, Native
Americans, Asian -Pacific Americans and Asian -Indian Americans. The
apparent successful bidder will be required to submit its information
concerning the DBE's that will participate in this contract. The
information will include the name and address for each DBE, a
description of th work to be performed by each named firm, and the
dollar value of the contract (subcontract) and shall be submitted with
the proposal. If the bidder fails to achieve the contract goal as
stated herein, it will be required to provide documentation
demonstrating that it made good faith efforts in attempting to do so.
A bid that fails to meet these requirements will be considered non-
responsive.
The City of Fayetteville reserves the right to reject any and all
bids, and to waive any formalities deemed to be in the best interest
of the City.
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PAGE 4
NEWSPAPER ADVERTISEMENT - CONT'D
Page Three (3)
The proposed contract is under and subject to Executive Order 11246 of
September 24, 1965, and to the Equal Opportunity Clause contained in
the Specifications.
The successful bidder will be required to submit a Certification of
Nonsegregated Facilities prior to award of the contract, and to notify
prospective subcontractors of the requirement for such a Certification
where the subcontract exceeds $10,000. Samples of the Certification
and the Notice to Subcontractors appears in the Specifications.
The attention of all bidders is called to the fact that any contractor
or subcontractor on this project having 50 or more employees and who
may be awarded a contract or subcontract of $50,000 or more will be
required to maintain an Affirmative Action Program within 120 days of
commencement of the contract.
Women will be afforded equal opportunity in all areas of employment.
However, the employment of women shall not diminish the standards or
requirements for employment of minorities.
The Bidder's attention is called to the "Equal Opportunity Clause" and
the "Standard Federal Equal Employment Opportunity Construction
Contract Specifications" set forth herein.
The goals and timetables for minority and female participation,
expressed in percentage terms for the contractor's aggregate work
force in each trade on all construction work in the covered area, are
as follows:
Goals for Females Participation in each trade is 6.9%
Goals for Minority Participation in each trade is 3.3%
These goals are applicable to all the Contractor's construction work
(whether or not it is Federal or federally assisted) performed in the
coverage area. The coverage area for female participation is
nationwide. The coverage area for minority participation is Baxter,
Benton, Boone, Carroll, Madison, Marion, Newton, Searcy, and
Washington counties in Arkansas and Adair and Delaware counties in
Oklahoma.
The Contractor shall provide written notification to the Director,
OFCCP, within 10 working days of award of any construction subcontract
in excess of $10,000 at any tier for construction work under the
contract resulting from this solicitation. The notification shall
list the name, address, and telephone number of the subcontractor;
employee identification number; estimated dollar amount of the
PAGE 5
NEWSPAPER ADVERTISEMENT - CONT'D
Page Four (4)
subcontract; estimated starting and completion dates of the
subcontract; and the geographical area in which the contract is to be
performed.
Attention is called to the fact that no less than the minimum salaries
and wages as set forth in the CONTRACT Documents must be paid on this
Project.
The Bidder must supply all the information required by the proposal
form.
The attention of all bidders is called to the fact that they must be
licensed under the terms of Act 150 of the 1965 Acts of the Arkansas
Legislature, as amended.
P.O. No.
Peggy Bates
Purchasing Officer
City of Fayetteville
Fayetteville, Arkansas
PAGE 6
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BID PROPOSAL FOR
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BID PROPOSAL
DEXOLTTION/REMOvA1 OF TREES, CONCRETE FENCELINE & DEBRIS
Prices quoted shall be "Free on Board" (F.O.B.). Charges may not be
added after the bid is opened.
COMPANY NAME
Mobley Contractors, Inc.
IF AWARDED, REMIT TO ADDRESS:
PHONE NO, 5C1-354-2510
P.O. Box 150
)lorril_cn, Arkansas 72110
SIGNATURE 4'74_t mita"
TITLE President
The above signature on this BID PROPOSAL certifies that bidder has
carefully examined the instructions to bidders, terms and
specifications applicable to, and made a part of this proposal.
Bidder further certifies that the prices shown are in full compliance
with the conditions, terms and specifications of this proposal.
All items will be awarded on an individual basis to the successful
bidder for each item.
Bids for Items 1 - 3 should include all insurance costs as specified
except for the cost of third party coverage. Third party coverage
should be shown as an additional cost on Item 4.
Work shall commence upon issuance of a written work order/notice to
proceed and shall be completed within thirty (30) calendar days.
Should the contractor fail to complete work within a thirty (30) day
period the sum of $50.00 per diem for each day thereafter shall be
paid to the City as liquidated damages.
In the event one contractor is awarded more than one (1) bid item, a
mutually agreed upon schedule may be set up to issue notice to proceed
orders on staggered dates.
PAGE 7
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ITEM 1 - CONCRETE AND STRUCTURE REMOVAL
(slabs, underground shelter, well and buildings)
The Contractor shall remove or bury all concrete slabs, foundations,
the below grade well on Lot 63, the underground shelter, and all other
concrete debris located within the established lines.
The existing foundations, slabs, buildings, well, underground shelter
and all like structures shall be destroyed by breaking out or breaking
down the materials of which the foundations, well, buildings,
underground shelter, etc. are built. Concrete, blocks, or other
objectionable material, except wooden structures, may be used in
backfill shall be removed and disposed of. The holes or openings
shall be backfilled with acceptable material and properly compacted as
follows:
1. Material will be broken into sections no larger than two foot by
two foot sections.
2. It will be mixed with soil when placed into the excavation site.
3. A minimum of three feet of soil will be placed over the material
to a grade level, then soil will be slightly mounded and graded to
allow for settling of material.
4. Compaction Requirements: The subgrade
to a depth of 6 inches or in 8 inch lifts
than 95 percent of the maximum density as
The in-place field
D 2922. Stones or
greatest dimension
subgrade.
under areas to be compacted
to a density of not less
determined by ASTM D 698.
density shall be determined in accordance with ASTM
rock fragments larger than 4 inches in their
will not be permitted in top 6 inches of the
All fill slopes shall be uniformly dressed to the slope, to drain as
directed by the owner.
No payment or measurement of payment will be made for suitable
materials removed, manipulated, and replaced in order to obtain
density. Any removal, manipulation, aeration, replacement, and re -
compaction of suitable materials necessary to obtain the required
density shall be considered as incidental to the excavation and
embankment operations and shall be performed by the Contractor at no
additional cost to the Project.
5. The two cellars will be leveled to grade and filled with soil,
removal of below ground foundation material will not be required.
PAGE 8
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ITEM 1 - CONT'D
Page Two
Should the Contractor encounter an existing structure (abvove or below
ground) in the work for which the disposition is not indicated in the
specifications, the Airport Manager shall be notified prior to
disturbing such structure. The disposition of existing structures so
encountered shall be determined by the Airport Manager in accordance
with the provisions of the contract.
The Contractor must fill all holes left by the removal of said items
to grade. All grading shall be performed so that it will drain
readily and be suitable for brush hogging.
All hauling will be considered a necessary and incidental part of the
work. Its cost shall be considered by the Contractor and be included
in the contract price. No payment will be made separately or directly
for hauling on any part of the work.
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ITEM 2 - TREE, FENCELINE, UTILITY CONNECTION AND DEBRIS REMOVAL
The Contractor shall remove the Airport Trailer Court sign foundation,
utility connections, metal poles, trailer tie -down stakes, electric
multi -meter boxes large rocks, old horse shed and wishing well flower
bed on Tract 74, fence line and posts on all listed lots, debris (trash,
furniture, block, wood, ets.) and all trees and brush on the designated
lots. The trees and brush along the two ditch lines is to be removed by
hand by saw. Three inch tree stumps are to remain in these areas. This
is intended assure that no dirt or fill is allowed to enter any water
which may be present in the ditches. In addition, any clearing which is
necessary near either of these ditches is to be performed in such a
manner that no dirt of fill material can enter any water which may be
present in the ditches.
Tree stumps must be removed from the property with the exception of the
stumps which are to remain in the ditches. Brush may be burned on the
property, provided the burning operation are conducted under such
conditions that minimize smoke and any smoke blown in the direction of
the runway will not be objectionable to the Airport Manager. Burning
shall be subject to any approval conditions set forth by the City of
Greenland and the City of Fayetteville's Fire Marshall and burning may
be used upon the Fire Marshall's approval. The debris remaining from
the burning operation shall be disposed of at on off site location
secured by the Contractor.
All holes left from the removal of the above mentioned items, must be
filled to grade, seeded and strewed. All grading shall be performed
so that it will drain readily and be suitable for brush hogging.
All hauling will be considered a necessary and incidental part of the
work. Its cost shall be considered by the Contractor and be included
in the contract price. No payment will be made separately or directly
for hauling on any part of the work.
PAGE 10
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ITEM 3 - ENTIRE DEMOLITION PROJECT - (concrete slabs, underground
shelter, well, trees, fenceline, utility connections and debris)
The Contractor shall remove the Airport Trailer Court sign foundation,
utility connections, metal poles, trailer tie -down stakes, electric
multi -meter boxes large rocks, old horse shed and wishing well flower
bed on Tract 74, fence line and posts on all listed lots, debris (trash,
furniture, block, wood, ets.) and all trees and brush on the designated
lots. The trees and brush along the two ditch lines is to be removed by
hand by saw. Three inch tree stumps are to remain in these areas. This
is intended assure that no dirt or fill is allowed to enter any water
which may be present in the ditches. In addition, any clearing which is
necessary near either of these ditches is to be performed in such a
manner that no dirt of fill material can enter any water which may be
present in the ditches. The structures on tracts 25, 39, 45, and 42 are
to be demolished. The trees and brush on these four tracts are to
remain.
Tree stumps must be removed from the property with the exception of the
stumps which are to remain in the ditches. Brush may be burned on the
property, provided the burning operation are conducted under such
conditions that minimize smoke and any smoke blown in the direction of
the runway will not be objectionable to the Airport Manager. Burning
shall be subject to any approval conditions set forth by the City of
Greenland and the City of Fayetteville's Fire Marshall and burning may
be used upon the Fire Marshall's approval. The debris remaining from
the burning operation shall be disposed of at on off site location
secured by the Contractor.
The existing foundations, slabs, buildings, well, underground shelter
and all like structures shall be destroyed by breaking out or breaking
down the materials of which the foundations, well, buildings,
underground shelter, etc. are built. Concrete, blocks, or other
objectionable material, except wooden structures, may be used in
backfill shall be removed and disposed of. The holes or openings
shall be backfilled with acceptable material and properly compacted as
follows:
1. Material will be broken into sections no larger than two foot by
two foot sections.
2. It will be mixed with soil when placed into the excavation site.
3. A minimum of three feet of soil will be placed over the material
to a grade level, then soil will be slightly mounded and graded to
allow for settling of material.
4. Compaction Requirements: The subgrade
to a depth of 6 inches or in 8 inch lifts
than 95 percent of the maximum density as
The in-place field
D 2922. Stones or
greatest dimension
subgrade.
under areas to be compacted
to a density of not less
determined by ASTM D 698.
density shall be determined in accordance with ASTM
rock fragments larger than 4 inches in their
will not be permitted in top 6 inches of the
PAGE 11
ITEM 3 - CONT'D
Page Two
All fill slopes shall be uniformly dressed to the slope, to drain as
directed by the owner.
No payment or measurement of payment will be made for suitable
materials removed, manipulated, and replaced in order to obtain
density. Any removal, manipulation, aeration, replacement, and re -
compaction of suitable materials necessary to obtain the required
density shall be considered as incidental to the excavation and
embankment operations and shall be performed by the Contractor at no
additional cost to the Project.
5. The two cellars will be leveled to grade and filled with soil,
removal of below ground foundation material will not be required.
Should the Contractor encounter an existing structure (above or below
ground) in the work for which the disposition is not indicated in the
specifications, the Airport Manager shall be notified prior to
disturbing such structures. The disposition of existing structures so
encountered shall be determined by the Airport Manager in accordance
with the provisions of the contract.
The Contractor must fill all holes left by the removal of said items
to grade. All grading shall be performed so that it will drain
readily and be suitable for brush hogging.
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All hauling will be considered a necessary and incidental part of the
work. Its cost shall be considered by the Contractor and be included
in the contract price. No payment will be made separately or directly
for hauling on any part of the work.
PAGE 12
ITEM 4 - Third Party Insurance, flat fee.
ITEM 5 - Disposal Site
N/A
(Vendor must indicate disposal site where materials will be disposed
of if moved from the site)
A payment shall be made to the Contractor who is awarded the bid for
demolition at the time of completion and final acceptance by the City
of Fayetteville.
ITEM
NO.
ITEM
DEMOLITION PAYMENT
TO CONTRACTOR
LUMP SUM
60
1 CONCRETE AND STRUCTURE REMOVAL $ 401000
u L3 43 `�'lbbs --- - Dollars
(words)
2
TREE, FENCELINE, ETC. $ 0, ODO 39—
1--kkoJS AA) D `)' /*fio $ Dollars
(words)
3 ENTIRE DEMOLITION PROJECT $ c.7 ,a06
• nit
S\vr' ScQWTkotIls o o if-Om/be-go oa , —Dollars
(words)
.6a
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4 THIRD PARTY INSURANCE
$5 ▪ a
oa
• j't Ilt..JNDnL.e;0 **-90.5 Dollars
(words)
PAGE 13
INSTRUCTIONS TO BIDDERS FOR - SERVICES
SPECIAL NOTE
BIDDERS ARE URGED TO PROMPTLY REVIEW THE REQUIREMENTS OF THIS
SPECIFICATION AND SUBMIT QUESTIONS FOR RESOLUTION AS EARLY AS POSSIBLE
DURING THE BID PERIOD. QUESTIONS OR CONCERNS MUST BE BROUGHT TO THE
ATTENTION OF MR. DALE FREDERICK, AIRPORT MANAGER, DURING THE BID
PERIOD. OTHERWISE, THIS WILL BE CONSTRUED AS ACCEPTANCE BY THE
BIDDERS THAT THE INTENT OF THE SPECIFICATIONS IS CLEAR AND THAT
COMPETITIVE BIDS MAY BE SUBMITTED AS SPECIFIED HEREIN. PROTESTS WITH
REGARD TO THE SPECIFICATION DOCUMENTS WILL NOT BE CONSIDERED AFTER
BIDS ARE OPENED.
1. Bid proposals are mailed only as a courtesy. The City of
Fayetteville does not assume responsibility for failure to mail
proposals. Bidders should rely only on advertisements in the local
newspaper, and should personally pick up proposals and specifications.
Full information may be obtained, or any questions answered by
contacting Peggy Bates at (501)575-8256.
2. Bidders are advised to familiarize themselves with regulations of
the City of Fayetteville and the City of Greenland and particularly
those provisions with respect to strict compliance with the bid
documents.
3. Bidders must show requisition number(s) or contract name and
number with opening date on face of sealed envelope provided. The
bidder's name, address and bid opening date should be clearly printed
or typed on the outside of the envelope. Only one bid will be
accepted from each bidder for the same job. Alternates will not be
accepted unless specifically requested in the proposal.
4. Bids shall not be received or considered, under any circumstances,
after the appointed hour. The method of delivery is the
responsibility of the bidder. All bids are to be received by the
Purchasing Office, City Administration Building, on or before the
specified bid opening date and time.
5. After opening, bids may not be withdrawn for a period of ninety
(90) days.
6. Bids shall be accepted only on proposal forms furnished by the
City of Fayetteville. The City of Fayetteville will only accept bids
from those bidders in whose names the proposal forms and/or
specifications were issued. Altered or incomplete proposals, or the
use of substitute forms, or documents, shall render the bid non-
responsive and subject to rejection. The entire proposal package,
including the specifications and copies of any addenda issued shall be
submitted to the Purchasing Office as the bid.
PAGE 14
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INSTRUCTIONS - CONT'D
Page Two
7. All bids must be typed or written in ink. Any erasures,
strikeovers and/or changes to prices should be initialed by the
bidder. Failure to initial may be cause for rejection of the bid as
non-responsive.
8. All bid proposals must be signed. Failure to do so shall cause
the bid to be rejected as non-responsive.
9. Written addenda issued prior to bid opening which modifies the bid
proposal shall become part of the proposal for bid, and shall be
incorporated within the purchase order and/or contract. Only a
written interpretation or correction by Addendum shall be binding.
Bidder shall not rely upon any interpretation or correction given by
any other method.
10. The City of Fayetteville reserves the right to award items
separately, grouped, or on an all -or -none basis and to reject any or
all bids and waive any informalities.
11. Contractor should include in bid price any applicable taxes he is
required to pay for purchase of material, etc.
12. Contractor, and any sub -contractor, shall comply with all
applicable laws in connection with work hereunder.
13. Contractor shall furnish insurance and bonding as required on the
attached specifications.
14. Contractor shall indemnify the City of Fayetteville against any
and all liens for which City owned property may become liable as a
result of Contractors work hereunder.
15. Acceptance by Contractor of the City of Fayetteville's order,
either in writing or by shipment of any article or other commencement
of work described herein, shall effectuate a contract between the City
of Fayetteville and Contractor for the services described herein. The
order shall constitute the entire contract between Contractor and the
City of Fayetteville, and no additional conditions or amendments shall
have any effect unless approved in writing by the City of
Fayetteville.
PAGE 15
INSTRUCTIONS - CONT'])
Page Three
16. The City of Fayetteville, its officers, employees and agents,
shall not be responsible for the negligent acts and omissions of the
Contractor or the Contractor's officers, employees, agents or
subcontractors, nor shall the Contractor or the Contractor's officers,
employees or agents be responsible for the negligent acts or omissions
of the City of Fayetteville, its officers, employees, and agents.
Accordingly, the Contractor shall indemnify and save the City of
Fayetteville, its officers, employees and agents, harmless from any
and all claims, suits and actions of any character, name or
description brought for or on account of any injury or damage to any
person or property arising out of the work performed by the Contractor
and resulting from the negligence, commission or omission of any act
by the Contractor, or Contractor's officers, employees, agents or
subcontractors.
17. Before issuance of final payment, the Contractor shall submit
evidence satisfactory to the City of Fayetteville that all payrolls,
material bills, and other indebtedness connected with the work have
been paid or otherwise satisfied.
18. All material and workmanship, as applicable, shall be guaranteed
for a minimum of one (1) year, unless provided otherwise by the
specification or bid proposal form. Such guarantee shall include all
labor and materials needed to replace any defective workmanship or
materials within the guarantee period.
19. In the event Contractor is placed in default by the City of
Fayetteville for failure to accept the contract as bid after being
awarded by the City of Fayetteville or for otherwise unsatisfactory
performance, Contractor may be subject to up to six (6) months
suspension from bidding on any City work. In any event, contractor is
not eligible to re -bid any project for which he has been placed in
default.
20. Contractor must obtain all permits required and possess all
licenses required for the work.
21. The City of Fayetteville is an equal opportunity employer. The
Contractor is therefore encouraged to utilize minority participation
in this contract to the extent possible through the use of small,
disadvantaged and women -owned businesses as suppliers or
subcontractors. If any small, disadvantaged or women -owned business
are utilized in this contract, contractor shall inform the City of
Fayetteville and shall report minority expenditures to the City of
Fayetteville quarterly.
9. PAGE 16
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INSTRUCTIONS - CONT'D
Page Four
22. The City of Fayetteville reserves the right to withhold from any
monies owed to Vendor, such amounts which are due the City of
Fayetteville by the Vendor, or by any other company owned or
controlled by him, for: delinquent excise tax, sales and use tax,
penalties, interest, tax deposits, attorney fees, court costs,
occupational license tax or other tax, license, fee, lien or judgment
imposed, collected or owed to the City of Fayetteville; provided
amounts owed are more than three (3) months delinquent and that an
appropriate request for payment has been mailed to Vendor, or the
appropriate documents have been filed for collection.
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PAGE 17
PURCHASING DIVISION
CITY OF FAYETTEVILLE, ARKANSAS
Specification
Demolition & Removal
Date:
GENERAL
The specifications are to cover the demolition and removal of
concrete, trees, fence line, and debris located on the lots specified
on the bid forms. Each bid will be considered on an individual basis.
The City of Fayetteville reserves the right to reject any and all bids
and waive any informalities. The Contractor shall be required to
furnish all necessary tools, equipment, personnel and insurance to
accomplish the work as specified herein and in the Instructions to
Bidders.
PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all
charges, and fees, and give all notices necessary and incidental to
the due and lawful demolition and removal of said items. NO WORK
SHALL BEGIN UNTIL ALL REQUIREMENTS OF THE CITY OF FAYETTEVILLE, AND
THE CITY OF GREENLAND HAVE BEEN SATISFIED AND ALL REQUIRED PERMITS
HAVE BEEN ISSUED. CONTRACTOR WILL RECEIVE WRITTEN NOTIFICATION FROM
THE CITY OF FAYETTEVILLE TO PROCEED.
•
SCOPE OF WORK
The contractor shall remove and dispose of all foundations, slabs,
driveways, fence lines, utility connections, trees, signs, sheds,
well, underground shelter, etc. All, above ground structures shall be
demolished and otherwise removed. Contractor is to properly,
according to code, cap all utilities and remove utility connections.
All concrete slabs, foundations, driveways, walkways, etc. are to be
removed. All fences shall be removed unless specified otherwise at
time of demolition.
All material removed by the contractor shall become the property of the
contractor and may either be re -used by contractor or must be properly
disposed of at contractor's expense. Burning of brush is permitted;
however, tree stumps must be removed from airport property with the
exception of the stumps which are to remain in the ditches. All
concrete and material shall be disposed of off airport property. It
shall be the contractor's responsibility to locate and secure a legal
and proper off-site disposal area.
•
PAGE 18
SPECIFICATION FOR DEMOLITION AND REMOVAL
Page Two
Contractor shall fill any area excavated by contractor. Top soil
shall be used to fill excavated areas. The affected area shall be
graded, reseeded and strewed. This procedure is also required to
restore any damage to adjacent areas.
Contractors shall obtain a plumbing permit before capping any or all
sewer lines and request a plumbing inspection of same. Upon receipt
of sewer cap inspection approval the contractor shall obtain a
demolition permit from the Inspection Division before work is
commenced. The work is to be done under the supervision of the
Inspection Division of the Department of Public works, and all
questions are to be directed to the Building Official. The Inspection
division is to be notified at completion so a final inspection can be
made.
Before the job is accepted by the City of Fayetteville, the area must
be cleaned of all foreign materials such as rock, wood, etc., that
could be picked up by mowers used by the Airport Maintenance Crews. A
thorough inspection of the area shall be made by the Airport, W.D.
Schock Company, and the Contractor before final inspection of the
project is made. Failure of the Contractor to clean up the jobsite
could delay final inspection and thereby delay final payment on his
contract. The cleaning up of the project work area is incidental to
all other work involved.
THIRD PARTY COVERAGE
The Contractor is required to name the consultant and the City of
Fayetteville as an additional insured. Bidders shall show the premium
cost of the additional insured on the bid page where indicated. The
amount shown in the bid item for third party insurance shall be that
amount of additional premium above the premium for the coverage
specified in the contractor's and subcontractor's insurance. The
additional premium cost for the third party coverage shall be paid by
the City.
•
PAGE 19
CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICES
AND FACILITIES OF OTHERS
All work must be coordinated with the various owners and agents of all
utility services and facilities at the earliest possible time to avoid
overlooking utility conflicts and to obtain the best possible
information needed to protect such utility services or facilities from
damage resulting from the Contractor's operations. Prior to
commencement of any excavation, the Contractor shall coordinate all
work on and in the vicinity of the underground utilities and cables
with the following agency, and all other agencies which may be
affected, as appropriate:
Arkansas One Call
1-800-482-8998
South Western Bell
Buried cable Location
1-800-482-8998
Swepco
300 N. College Avenue
521-3000
City of Fayetteville - Water & Sewer
Administration Bldg.
113 W. Mountain
521-1258
Arkansas Western Gas Company
Attn: Rick Evans
P.O. Box 1288
Fayetteville, AR 72702
521-5330
PAGE 20
CONTRACTOR'S RESPONSIBILITIES
Page Two (2) - Cont'd.
BID GUARANTEE AND CONTRACT
Each bid must be accompanied by a CERTIFIED CHECK, CASHIER'S CHECK OR
BIDDER'S BOND ONLY in the amount equal to five percent (5%) of the
bid. PERSONAL CHECKS, COMPANY CHECKS OR MONEY ORDERS ARE NOT
ACCEPTABLE. The successful bidder shall be expected to enter into a
contract with the City of Fayetteville and to post a Performance Bond,
Certified Check or Cashier's Check, equal to 100% of the amount of the
bid, to guarantee the completion of this work.
TIME LIMIT
The Contractor shall commence work under this contract on a date to be
specified by written order of the City of Fayetteville contingent upon
receipt of all applicable permits by the Airport. This is the essence
of the contract and work order will be issued promptly.
The entire contract shall be completed in all details and ready for
final acceptance within thirty (30) calendar days from date of the
notice to proceed. A request by the Contractor for an extension of
the contract time will be considered only if, in support of the
request, the Contractor shall allege delay in performance of the work
by either or both the following causes:
(a) An act of the City of Fayetteville or the City of Greenland.
(b) Inclement Weather - must be documented with National Weather
Service reports.
LIQUIDATED DAMAGES
Should the Contractor fail to complete the work within the time limit
specified, then in such event, and for each calendar day of such
delay, the Contractor agrees to pay the City of Fayetteville the sum
of fifty dollars ($50.00) per day, which amount shall be considered as
liquidated damages due the City of Fayetteville by reason of the
Contractor's failure to complete the contract within the specified
time limit. The Contractor further agrees that the City of
Fayetteville may deduct such liquidated damages, computed at the rate
of fifty dollars ($50.00) per day, from monies due or coming due to
the Contractor under this contract.
PAGE 21
CONTRACTOR'S RESPONSIBILITIES
Page Three (3) - Cont'd.
EGAL REGULATIONS
The work shall be executed in full compliance with laws and
regulations of Municipal, State and Federal Governments. All
licenses, permits, approvals, etc., required by law or ordinarily
secured under recognized good practice shall be secured by the
Contractor at his own expense. All applicable taxes shall be paid by
the Contractor and included in the price bid.
BASIS OF PAYMENT FOR DEMOLITION
Payment shall be made at the contract lump sum price for the
demolition and removal as specified, which price and payment thereof
shall constitute full compensation for all labor, materials,
equipment, incidental and expenses necessary to the satisfactory
completion of the work upon completion in accordance with the bid.
PAGE 22
CONTRACTOR'S & SUBCONTRACTOR'S INSURANCE - AIRPORT DEMOLITION/REMOVAL
Contractor and any subcontractor shall carry and maintain insurance as
specified below until completion and acceptance of the work.
Contractor shall not commence work under this contract until
certificates of insurance have been approved by the City of
Fayetteville. Insurance companies listed on certificates must have an
industry rating of B+, Class VI, according to Best's Key Rating Guide.
Unless stated otherwise in the job specification, Contractor is
responsible for assuring that its subcontractors meet these insurance
requirements.
1. Comprehensive General Liability to include
Premises Operations Combined BI & PD
Contractual Liability $500,000
Broad Form Property Damage
Contractor's Protective Liability
Explosion, Collapse and Underground Coverage (This particular
coverage can be waived by the City of Fayetteville if project does not
require same.)
2. Business Auto Policy (if motor vehicles are used in performance
of the work)
Owned Combined BI & PD
Non -Owned & Hired $500,000
3. Standard Workmen's Compensation - Full statutory liability for
State of Arkansas with Employer's Liability Coverage of $100,000
minimum per occurrence.
4. Umbrella Liability - Lower primary limits will be accepted if
Umbrella Coverage is provided with limits of at least $500,000 in
excess of primary coverage shown on the certificate.
5. The following, their officials, employees, volunteers and
representatives shall be named as additional insureds on all liability
policies.
The City of Fayetteville
The Fayetteville City Council
The Fayetteville Municipal Airport
The Fayetteville Municipal Airport Board of Commissioners
The City of Greenland
PAGE 23
INSURANCE COVERAGE - CONT'D
Page Two
6. THIRD PARTY COVERAGE - The Contractor is required to name and
the City of Fayetteville as additional insureds. Bidders shall show
the premium cost of the additional insured on the bid page where
indicated. The amount shown in the bid item for third party insurance
shall be that amount of additional premium above the premium for the
coverage specified in the contractor's and subcontractor's insurance.
The additional premium cost for the third party coverage shall be paid
by the City.
7. Waiver of subrogation in favor of the City of Fayetteville is
required from Worker's Compensation Insurer.
e. Certificates must provide for thirty (30) days written notice to
Certificate Holder prior to cancellation or change.
9. The Certificate Holder should be shown as:
City of Fayetteville
Purchasing Office
Room 306, city Administration Bldg.
113 W. Mountain
Fayetteville, Arkansas 72701
PAGE 24
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PAGE 25
ZL __ _
the contractor shall complete the following statement by checking the
appropriate space.
The contractor has x has not participated in a previous contract
subject to the equal opportunity clause prescribed by Executive Order
10925, or Executive Order 11114, or Executive Order 11246.
The contractor has x has not submitted all compliance reports in
connection with any such contract due under the applicable filing
.requirements; and that representations indicating submission of
required compliance reports signed by proposed subcontractors will be
obtained prior to award of subcontracts.
If the contractor has participated in a previous contract subject to
the equal opportunity clause and has not submitted compliance reports
due under applicable filing requirements, the Contractor shall submit
a compliance report on Standard Form 100, "Employee Information Report
EEO) -1" prior to the award of contract.
Standard Form 160 is normally furnished contractors annually, based on
a mailing list currently maintained by the Joint Reporting Committee.
In the event a contractor has not received the form, he may obtain it
by writing to the following address:
Joint Reporting Committee
1800 G Street
Washington, DC 20506
PAGE 26
BID BOND
KNOW ALL MEN BY THESE
as Principal, and
firmly bound unto the
of
be made, we hereby jo
and assigns. Signed,
PRESENTS, that we,
City of Fayettevil
for the payment
intly and severally
this _ day of
the undersigned,
as Surety, do hereby hold and
Le, as Owner in the penal sum
of which, well and truly to
bind ourselves, successors,
,19___
The conditions of the above obligation is such that whereas the
Principal has submitted to the City of Fayetteville a certain bid,
attached hereto and made a part hereof to enter into a contract in
writing, for the demolition and removal as state herein.
NOW THEREFORE,
(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 hereto
property 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 furnishing materials in
connection therewith, and shall in all other respects perfect the
agreement created by the acceptance of said bid,
then this obligation shall be void, otherwise the same shall remain in
force and in effect, it being expressly understood and agreed that the
liability of the Surety for any and all claims under such shall in no
event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the
obligation 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 hereunto set
their hands and seals, and such of them as are corporation have caused
their corporate seals to be hereto affixed and those presents to be
signed by their power officers, the day and year first set forth
above.
PRINCIPAL BIDDER SURETY
ADDRESS
BY
TITLE:
SIGNATURE:
BY: (SEAL)
TITLE:
SIGNATURE:
IMPORTANT - Surety companies executing bonds must appear on the
Treasury Department's most current list (Circular 570 as amended) and
be authorized to transact business in the state where the project is
located.
PAGE 27
PERFORMANCE BOND
That, we the undersigned MCE.il CONTRACTORS, I:Tas Principal, CCIPANY
hereinafter referred to as 'contractor" and UflI2EI PACI::C IXSU AVCE, a
Corporation, organized and existing under the laws of the State Of
Py""i S:'LVM'2EAand duly authorized to transact business in the State of
Arkansas as Surety, are held and firmly bound unto the City of
Fayetteville, hereinafter referred to as "Owner" organized and
Se2caat4ng,.Tdnyjpr laws of the. State of Arkansas, in the penal sum of
lawful money of the United States,
for the payment of which well and truly to be made, the said Principal
and the said surety do hereby bind ourselves, our heirs, executors,
administrators, and assigns, jointly and severally, by these presents
as follows.
The conditions of this obligation are such that whereas the Contractor
by an instrument in writing attached hereto and bearing the date of
has agreed with said Owner to furnish labor,
materials, tools, and equipment for demolition and removal of area on
plans and specified thereby and in the specifications, proposals and
contract forming the contract documents hereto attached.
NOW THEREFORE, if said contractor shall well and truly in good,
sufficient and workmanship manner, and to the satisfaction of the
City, perform and complete the work required and shall pay all costs,
charges, rentals and expenses for labor, material supplies and
equipment and deliver the said improvements to the owner complete and
ready for operation, and free from all liens, encumbrances or claims
for labor, material or otherwise; and shall pay all other expenses
lawfully chargeable to the owner by reason of any default or neglect
of the said Contractor in the performance of said agreement and said'
work, then the obligation shall be void, otherwise to remain in full
force and effect.
PROVIDED FURTHER, that the said Surety for value received hereby
stipulates and agrees that no change, extension of time, alteration,
or addition to the terms of the contract, or to the work to be
performed thereunder, or the specifications.
PROVIDED FURTHER, that I the contractor, or his, their or its
subcontractors fail to duly pay for any labor, materials, team hire,
sustenances, provisions, provender or any other supplies or materials
consumed or for any materials or supplies furnished for use by such
contractors of his, their, or its subcontractor in performance of the
work contract to be done, the Surety will pay the same in any amount
not exceeding the sum specified in the bond, together with interest
and attorney's fees as provided by law.
Accompanying the same, shall in anywise affect its obligation on the
bond and it do
es
waive
tnoticeoany
hetermsofthe contract, extension
the work,
or to the specifications.
PAGE 28
IN WITNESS WHEREOF; Said principal and surety have hereunto set their
hands and seals at:j:7. E ROCK. AFKA SAS this day
of A.D.
CON'rACTORS. ETC.
(CONTRACTCR)
(WITNESS)
•V• '. �L� :I _a LTO:T• �J Yvi.I:.PC 919'
(ADDRESS)
B Y : 471lZ ? - -i41
..� —
.—.
—J r Ja Y
..
(SURETY)
PAGE 29
�° �, 199 US DATE (MM'DD/YY
:;:. AYE OF:IlITSURACE
: ::.... ansroa
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER or INFORMATION ONLY AND
CONIFERS NO RIGHTS L'PON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDIW BY THE
POLICIES BELOW
The Cashion Company, Inc.
COMPANIES AFFORDING COVERAGE
P.O. Box 550
Little Rock, AR 72203
Mobley Contractors, Inc.
P.O. Box 150
Morrilton AR 72110
COMPANY
LETTER A Reliance (Insurisk)
COMPANY
B
LETTER
Tri-State Ins. Co.
COMPANY
LETTER
C
Guaranty National
COMPANY
LETTER
D
CIGNA
COMPANY
E
LEITBR
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NI MBER POLICY EFT. POLICY EXP. LIMITS
TR DATE (MM/DDNYI DATE (MM/DIVVY)
A GENERAL LIABILITY S1253641201 4/23/94 4'23/95 2000000
GENERAL AGGREGATE
X COMM. GENERAL LIABILITY PROD-COMP/OP AGG. 1000000
CLAIMS MADE ®OCO PBRS. a ADV. INJURY 1000000
.. • OWNER'S & CONTRACT% PROT EACH OCCURRENCE 1000000
FIRE DAMACE(One FIre)
B5MOBILKLIA1.1,1LITY A032081 4/23194 4/23/95 COMBINED SINGLE 1000000
NYAOLIMITLLONEDALTOSBODILYINJIRY
CULMATOS(PnDAEROBBODILYINJURY
N_oW B DUTOS (Per aceldmll
I
PROPERTI' DAMAGE
C
EXCESS LIABILITY
UMC1004664
4/23/94
4/23/95
EACH OCCURRENCE
1000000
X. UMBRELLA FARM
AGGREGATE
1000000
OTHER THAN UMBRELLA FORM
......... .
D
040843255
4/23/94
4/23195
X
81'ATLTORY LIMrI'S
_ .
WORKERS' COMPENSATION
AND
BMPLOYEWS LIABILITY
1'.al-r- Cf SiI')rcznt= on
(1f Crrtiflcatc bolder
Applies in
Favor
EACH ACCIDENT
500000
DISEASE -POLICY LIMIT
500000
DISEASE-BACHKMP.
500000
OTHER The 101707: c Adiliticna.
:7l;tonnhi le 11a1?1
Insureds Are
lt%: The City .^.t "8\'
Fa vettc'�ll lE' fit]
Added As Re
t Lev111C
ici a1 •'ilr
pecl.=, the
1'ty'et tP_\'11
ort; r,a et
>Fneral T.:ability !.
Er City Council;
E\%_l7P_ >illaicipai Aipor:
DESCRIPTION OF OPERATIONS)tO('ATIONSNHNICLEWSPECIAL ITEMS
CB• Jeiroliticn/:enoval of 1rr•r•:, Cnncrcle, F rceline Debris, )rake Field }1unicipal 'kirr,?ort
Favctteville, ARI
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE
EXPIRATION DATETHEREOF,THE ISAIING COMPANY WILL 4l'414AXAR�TR.XX
C1 Ly flC aye l le\ 17 1 F MAIL ill DAYS WHIrl EN NOIIC'H To THE CERTIFICATE HOLDER NAMED TO THE
PURCHASING OFFICE LEFT, y�RBH.AA9PSY9tv@H�117GANPABWM@AWXQ7tt[QN RB(
ROOM 306, CITY ADMIN. BLDG. 41594PA43')PAlIAM44[ iI A4PWA.74X417{gplgpEq@ QR fl('X R44A'WV .
113 WEST MOUNTAIN
ALTO PRPSEVTATry --�
FAYEITx
EVILLE, AR 72701
RELIANCE SURETY COIi PANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
aware. and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin therein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint Knight Cashion, Benson A. Cashion. Matthew Knight Cashion, Jr., Carla Sue Hollis, Shirley Stain, William R. Plegge., of
Little Rock, Arkansas their true and lawful Attorneytal-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and
deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and
undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by
one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice
President or other officer designated by the Board of Directors shall have power and authority to la) appoint Attorneys) -in -Fact and to authorize
them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the
nature thereof, end (b) to remove any such Attorney(s)-in-Fact at anytime and revoke the power and authority given to them.
2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to
execute deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the
nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and
other writings obligatory in the nature thereof.
3. Attorneys) -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts
of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the
Company and to copies of the By -Laws at the Company or any article or section thereof.
This Power at Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance
Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insurance Company and Reliance National Indemnity
Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and Financial Committee of the Board of Directors of
Reliance Surety Company by Unanimous Consent dated as o1 March 31, 1994.
"Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of
Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid end binding upon the Company and any such Power so executed and certified by fac-
simile signatures and facsimile seal shall be valid end binding upon the Company, in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this April 1, 1994.
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
°..w", °•'° S
UNITED PACIFIC INSURANCE COMPANY
•RELIANCE NATIONAL INDEMNITY COMPANY
•Q,LL "T °ssAL"�
STATE OF Pennsylvania
COUNTY OF Philadelphia ) as.
On this, April 1, 1994, before me, Valencia Wortham, personally appeared Charles B. Schmalz, who acknowledged himself to be the Executive
Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company. United Pacific Insurance Company, and
Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein
contained by signing the name of the corporation by himself es its duly authorized officer.
In witness whereof, I hereunto set my hand and official seal.
NOTARIAL SEAL C):
�M1 .- _VALENCIA WORTHAM Notary Public y. /y1 ___ �t{/rTvCM d Pnaaaebhia PMIa. CountyMyCommW Exy'•e° p�1E tong Notary Public in and for the State of Pennsylvania
Residing at Philadelphia
I, Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and
RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney
executed by said Companies, which is still in full force and effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Camper , inia __day ol19
°rte vsuL ( wi Sxretar;
r ie r
e'M'
CONTRACT
THIS AGREEMENT made and entered into at Fayetteville, Arkansas by
and between the City of Fayetteville, herein represented by, and
acting through, its duly elected and authorized Mayor, Fred Hanna,
hereinafter called "Owner", and Nctloy Ccntractors, Inc.
P.O. Box 15:), iiighwav 287 East, N.crri1ten, AB 72113
represented by Ronald F. r..chIey, Jr. , hereinafter referred to
as "Contractor".
WITNESSETH
That in consideration of the covenants and agreements herein
contained, to be performed by the parties hereto and of the payments
hereinafter agree to be made, it is mutually agreed as follows, that;
1.
For and in consideration 4' he"navment by the Owner to the
Contractor the sum of $ `r `F3 6'7,700.°o , and for the other
considerations hereinafter stated, the Contractor agrees, contracts
and obligates himself to furnish all labor, material, tools and
equipment necessary for the performance, in an expeditious and
workmanlike manner, the following described work:
The work includes all work as specified herein for lot numbers
58, 59, 60, 61, 62, 63, 70, 71, 72, 73, 74, 75, 76, 77, 80, 81, and
82, located on the west side of Highway 71 near Bailey Drive and lot
numbers 25, 37, 42 and 45 located on the east side of Highway 71 north
of Willoughby.
2.
The work is to be done in strict accordance with the proposal of
Contractor and bid specifications. A copy of said bid specifications
being attached hereto and made a part thereof.
PAGE 30
CONTRACT - CONT'D
Page Two
3.
The work under this contract shall commence upon issuance of a
written work order signed by a city of Fayetteville representative,
and shall be completed within thirty (30) calendar days. Should the
Contractor fail to finish the work at or before the time agreed upon,
he shall pay to the by way of liquidated damages, the sum of $50.00
per diem for each day thereafter that the work shall remain
incomplete.
4.
The Contracting Agency, its officers, employees and agents, shall
not be responsible for the negligent acts and omissions of the
Contractor or the Contractor's officers, employees, agents or
subcontractors, nor shall the Contractor or the Contractor's officers,
employees or agents be responsible for the negligent acts or omissions
of the contracting agency, its officers, employees and agents.
Accordingly, Contractor shall indemnify and hold safe contracting
agency, its officers, employees and agents, harmless from any and all
claims, suits and actions of any character name for description
brought for or on account of any injury or damage to any persons or
property arising out of the work performed by the Contractor and
resulting from the negligence, commission or omission of any act by
the Contractor, or Contractor's officer, employees, agents or
subcontractors. The Contractor agrees to provide at his cost and
expense the insurance required by the specifications and the
certification of issuance required thereby.
5.
If during the progress of the work, the Contractor should become
bankrupt, refuse or neglect to provide a sufficiency of material or
workmanship, or should there be any unreasonable neglect or suspension
of the work, or should he fail or refuse to follow the specifications
or to comply with any part of this contract, Owner shall have the
right at its option on 48 hours written notice to Contractor,
delivered in person or by mail addressed to Contractor at his address
of record to take over the work and complete the same at the cost and
expense of Contractor's Surety, if applicable, or to exact other
penalties as appropriate including suspension from bidding city of
Fayetteville work for a period of six (6) months.
PAGE 31
CONTRACT - CONT'D
Page Three
IN WITNESS WHEREOF the parties hereto have executed this
agreement on this ! _7-. day of , 19 (14
1 -
Nc:,lnv Contractors, Inc.
(CONTRACTOR)
I . ,�S/�_b.�a.e h� _
I
BY: 4- 'J fUt1��F1 �`�
TITLE: 'Dice President
CITY C AYETTEVILLE
•1
BY:
Ap ED HANNA
MAYOR
PAGE 32
a "
TO:
NOTICE TO PROCEED
DEMOLITION
A.I.P. NUMBER 3-05-0020-15
DATE
You are hereby notified to commence WORK on
1993, in accordance with the agreement dated , 1993,
and you are to complete the WORK included in agreement within thirty
(30) consecutive calendar days thereafter.
The date of completion of WORK is therefore
1993.
BY:
TITLE:
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by
this the day of , 1993.
BY:
TITLE:
PAGE 33