HomeMy WebLinkAbout108-95 RESOLUTIONRESOLUTION NO. 108-95
A RESOLUTION AUTHORIZING A CONTRACT IN THE
AMOUNT OF $40,482. PLUS A CONTINGENCY AMOUNT
OF $2,000. WITH JERRY D. SWEETSER, INC. FOR THE
WILSON PARK ASPHALT TRAIL AND APPROVAL OF A
BUDGET ADJUSTMENT IN THE AMOUNT OF $12,682.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I. That the Council hereby authorizes a contract in the amount of $40,482,
plus a contingency amount of $2,000, with Jerry D. Sweetser, Inc. for the Wilson Park Asphalt
Trail, and authorizes the Mayor and City Clerk to execute same. A copy of the contract is
attached hereto marked Exhibit "A" and made a part hereof.
Section 2. The Council also approves a budget adjustment in the amount of $12,682
mcreasmg Parks Improvement, Acct. No. 4470 9470 5806 00, Project No. 95018 by decreasing
Parks Improvements, Acct. No. 4470 9470 5806 00, Project No. 94026. A copy of the budget
adjustment is attached hereto and made a partof.
PASSED AND APPROVED this 15th day of August , 1995.
APPROVED:
By:
/u /17,P,1-141•--
Fted Hanna, Mayor
t
City of Fayetteville, Arkansas
' Budget Adjustment Form
Budget Year Department: Sales Tax Capital Improvement
1995 Division:
Program:
Project or Item Requested:
Request funding be added to the Wilson Park Asphalt Trail Project.
The additional funding is requested due to increases in materials
cost, terrain slopes and the bid environment.
Justification of this Increase:
The additional funds requested to complete the Wilson Park
Trail are due primarily to increased materials cost, increased
difficulty due to terrain and the bid environment.
Date Requested
August 15, 1995
Adjustment #
Project or Item Deleted:
Reallocation of Sports Park Project funding is requested.
Justification of this Decrease.
Decrease in scope of project for Sports Park Project allows for
the reduction in project funding.
Account Name Amount
Parks Improvements 12,682
Account Name
Parks Improvements
Amount
Increase
Account Number ProeJ ct Number
4470 9470 5806 00 95018
Decrease
12,682
Account Number
4470
Project Number
9470 .5806 00 94026
Approval Signatures
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Budget Office Use Only
Type: A BCD
Date of Approval
Posted to General Ledger
Entered in Category Log
F
Budget Office Copy
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Office of the City Fngineer
City Administration Building
113 W Mountain Street
Fayetteville, Arkansas 7270]
Plans and Specifications
for
Wilson Park
Asphalt Trail (95)
June 1995
Ras. /oB -YS
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City of Fayetteville
Advertisement for Bid # 95-46
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 9:CC a.m., local time,
on the 16th day of June, 1995, for the furnishing of all tools,
equipment, labor, and materials, and performing the necessary
work to be done to complete the project known as: Wilson Park -
Asphalt Trail.
The scope of this project is construction of approximately 1940
linear feet of asphalt trail that is 6 feet wide per
specifications. The location of the work is set out in the plans
and specifications on file at the cffice 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 bend in the amount equal
to five percent (5%) cf 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 tc
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.
k xo
Peggy
,61.),11/4“)
c - Purchasing Manager
Note to NWA Times: Please publish two times June 2, 1995 &
June9ilir, 1995
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of U son?ark — Asphalt Trail
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la ac...,, rce '.J-„'1 she �.on:r3:.." ....• . ari at t r t... ,
�_ - '.e fir'-ces S at?;, i]e�., 14.
`hese or c;.s are to ocvcr all eY'_, inc.:rri•.] -n perior'mirg the w'orii re J1"ed
`..- t'.. Contract. ��,.,4c c of rrr.i r :his prc:.;sal is d part.
9.4.d.'er Fere., antes to ccro.e.^,ce work under this conte ct on a date tc
be Steel ied in a written uhi- • r" _ et t" ,-eCr, and to fully c .. ,
e:e
the project within .—;n
_ corsec.:'.i,;e calendar days.
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Bid Schedule
for
Wilson Park Asphalt Trail
Item Description
(1) 1940 L F Asphalt 'Frail 1 1/2" thick
and 6' wide on 8" of hi::sidc fill materials,
and 4' ofSB-2 anaxrig
words
**Unit Price
(2) 80 C.Y hillside fill materials on as needed $
basis
words
Extended
-t%WAti eikk k% 0usizej
-Cour huInas tel {-watt J°
words
$ G'1oO.0-3
Nin.e hundred
<5rxk
wofs
(3) L.S. ditch crossing with 12' of 30" CMP $,319Ira •C 3 5 ,3100.E
with bituminous coatine
(4) 10 each Standard Proctor density test
TOTAL
thrzchotdredsix-1-1 .1-hreekunst' eLb;�t�
words words
5'7S,OO $ SO .0
5QV4ft}�- i t✓a ScJe/r[ ended 42r-1-1-
wc ids words
$4DJLIaa,DL)
ior't�l �Du�tnd (huru�re� gh
ei\w�
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*R•Cr,it r •iLes to ben
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a oust .h.t,.r it words w=ll go... ..
;.crds and fig.:res. jrg case cf c:iscre;:acct'
The ',sit prices srd l ln:.i 1'.4 al] let L", rater'als, L:• ir:, shcr-ru,
overhaa::, .^.rofit, in:. ;..,i', etc., to cover the finished wot Ci the Se:eraA
lords ca- ivi for.
P.icder ur rrstar s that th2 Owner reserves tie right to r ec art' cr
ali Jids and to waive ar; inforralit'es in the bidding.
ire Bidder agrees that this bid s4a'1 be coo" asd rarct ne .NA-itcra-
,r a period of sixty (eD) cale':•'d, a,_ `ter the scnc.iuled cicsirg ti.,e
for receiving bids.
UDC"' rec,mipt or written notice thAl arceptarr-n o '.:s t1C b
is r r wi
eAecute the focal contract attached within tan (1.g) days and deliver the
SJretV Bond or .ager:' as re:direct by ;gra:oraph 8 c` t eneral Ccr�i
Tre bic security attached in urzr
is to beccre tne property or the :%„^.f:� it i.^.e eve, the contract a',o i:old are
not executed wito n tre ..iTi_ a:,_.e srt forth, as '. gi iaa:,ed da"'' es for the
°Cad and additi;,',:, expense to the Nner ca Js•':l the'^ey.
fids Ne___f Jl'•y cJhr.A.itted:
SEAL - it bid is Jt' a corporation
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N1TED STATES EIDEEI
We
L.ARANTY COMPANY
(A Stcck Company)
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
Jerry D. Sweetser, Inc
as Pr nape!. nereinafter called principal. and UNITED STA–ES FIDEL TY AND GUARANTY COMPANY, a
coroporatio-i o'ganizec and existing under the aws o` the State of Marylanc and author zed to do ausiness
in the State of Arkansas. as Sure: hereinafter ca led Surety. re he d and firms( bound unto....
City of Fayetteville, Fayetteville, An ansas
as Obligee, hereinafter called Owner r :ne arcunt of..,F?urty Thousand Four Hundred
Eighty Two Dollars and 00/103
Dollars ($49,1:3.2...99 f. for Ile oaymerl whereof Principal and Surety b pd lhemse ves. their heirs,
persoral represerlatives, successors and assigns. )o ntly and severally. firm y by these presents.
Principal has by writer agreement dated ... ... . . .. ... ......... entered into a contract
with Owner for furnishing all labor and materials for Wilson Park Asphalt Trai'
'cr the City of Fayetteville, Fayetteville, Arkansas
. wh ch contract is by reference rade a pal hereof. and 's
hereinafter reserved to as :he Cortract
THE CONDITION OF THIS OBLIGATION is such that 1 the Principal sha faithfully perform the Cortract
on his part and shall fully indemnify and save narrless tie Owner from a'I cost and damage wh on ne may
suffer by reasor o` failure sc :o do and shall luny reimburse and repay the Owner all outlay and expense
which the Owner may noun in mak•rg good any such dctau 1. and. lurlhe•. that i' the Pr•rc pal shall pay a I
persors all indebtedness for labor or materia:s furnished or performed order said Contract. fa I rg which such
persons snail have a direct right e' actior against the Pr rc pa and Surety. ,cintly and several y. under th s
obligation, sub,ect to the Owrer's priority, tier this obligalior sial' be nu I anc void: otherwise is sha I remain
rn fu I force and effect
No suit, action or proceed ng shall be brought on this boric outside the State of Arkansas. No suit action
or proceeding shall pe breugh: on this nerd except by the Owner. unless t :s brought in accordance with
A.C.A. Section 22-9-403 ft)) and A.0 A. Sectior 18-44-503 (b; ;Supp 1987) as amended. No suit, action or
proceeding shah be brought by :he Owner atter two years from the date on which final payment under the
Contract falls due.
Any alterations which may be made in the terms of the Cortract or in the work to be done under it, or
the giving by the Owner of any extension of time for the performance o' the Cortract. or any other fo•berance
on the part of either the Owner or the Pr ncipa to the other sial no: ir any way release the Principal and
the Surety cr Sureties. or either or any of them their heirs. persona representatives successors or assigrs
from their liability hereuncer. not ce to the Surety or Suret es of any Such alteration, extension or forbearance
being hereby wa ved
In no event steal; the aggregate iability of :he Surety exceed the sum set out herein
Executed on this ... ..st .... day of. August 1995
Terry Swee
'`
President'
er Inc.
ski
UNITED STATES FIDELITY AND GUARANTY' COMPANY
• ,'J-• Surety
Rohert M. Davis Attorney-in-fact
2 P— a
Con:rae 158 (Arkansas) (11-89)
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UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY
NO. 106636
1130764
%USF W
KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES F DELIIY AND GUARANTY COMPANY, a corporation organized and existing
under the laws of the State of Maryland and having its principal office at die City of Baltimore. in the State of Maryland, does hereby constitute and appoint
A.P. Eason, Jr. and Robert M. Davis
oftbe Cdy of Fayetteville salad' Arkansas its true and lawful Attoruey(s)-in-Fad, each is their separate
capacity if more than one is named above. to sign its name as surety to, and to execute, seal and acknowledge any and ail bonds, undedaldngs, contracts and other
written instruments io 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 permitted in any actions or proceedings allowed by law.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY bac 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 .
STATE OF MARYLAND)
BALTIMORE CITY )
UNITED STATES FIDELITY AND GUARANTY COMPANY
(Sigma) By
(Signed) By
SS:
Senior Vice President
Assistant Secretary
oothi322td dayof Jan;:ary ,A.111993 .beforemepersonaflyoame Robert J. Lamendola
Senior Vice President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Paul D. Sims.
Assistant
Secretary of said Company, with both of whom I am personally acquainted. who being by me severally duly sworn, said, that they. the said Robert .T .
Lamendola and Paul D. Sims were respectively the Senior Vice President and the Assistant Secretary of
the said UNITED STATES FIDE IFY AND GUARANTY COMPANY. the corporation described in and which executed the foregoing Power of Attorney; that they
each knew the seal of said corpomtioa; that the seal affixed to said Power of Attorney was such corporate seal, that it was so affixed by order of the Board of Directors
of said corporation. and that they signed their names (hereto by like order as Senior Vice President and Assistant Secretary, respectively, of the Company
My Commission expires the 11th day in .:March A.D. 1995
Oj°
+g,ma^, b L (Signed) ... .. !`!F--'.... (..i'.Plif-t L.
NOTARY PUBLIC
This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the L'NITED STATES
FIDELITY AND GUARANTY COMPANY on September 24, 1992:
RESOLVED, Wan in connection with the fidelity and surety insurance business of the Company, alt bonds, undertakings, contracts and other instruments
relating to said business may be signed, executed. and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued .o
accordance with these resolutions. Said Power(s) of Attorney for and en behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman. or the President. or an Executive Vice President, or a Senior Via President ora Vice President or an Assistant Via President jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature co suck officers may ace engraved, primed or :nbogmpned. —sue signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any P we of Attorney or to any certificate relating thereto appointing
Attomey(s)-m-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory m the nature thereof and, unless subsequently
revoked and subject to any limitations set forth the rem. any such Power of Attorney or certificate beanng such facsimile signature or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certifiedby such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undedalong to which it is validly attached.
RESOLVED, that Attorney(s)-in-Fact sha:l have the power and authority, 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 obhgatory in the nature thereof and any such instrument executed by such Attomey(s)-m-Fad shall be as binding upon the Ccrrnany as if signed by
an Executive Officer and sealed and attested to by Ibe 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 hue 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 UNTIED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of
Attorney is in full force and effect and has not been revoked.
In Testimony Whereof, i have hereunto set my hand and the seal of TIED STATES FIDELITY AND GUARANTY COMPANY on this day
of , 19 ^ p
.dPvAbn. Lam
FS 3 (10-92)
Assistant Secretary
SEP -12-9E TUE 13:26
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CERTIFICATE QF INSURANCE:
PRODUCER
Eason a Company. Inc.
100 West Center, Suite 201
Fayetteville, AR-
PHONR501-521-2233
•
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Derr Sweetser, Inc.
• 59Y0 W. Poplar
7270 Leville AR
INSURED
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P.02
CSR SE 08/31/95
IBIS cERTIp1CAIR I8 ISSUPD AS A NATTER 0R INPOREATICN ONLY AND
CONFERS NO RIGHTS UPON THP CERTIFICATE HOLDER THIS CUPTIFICATB
DOES NOT ARANO. EXTEND OR ALTER TNR COVBRAOE ARRORUWD By TRE
POLI=ILS BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY Lirmr A Bituminous Insurance Co.
OOPPANY LBI:ER B
C01:PA"N LEITER C
COMPANY :.B?CR D
CGMRAMY LETTERE
rl TMI9 IS TD CERTIFY THAT POLICIES CP INSINANCE LIRTRD SEWN HAYS BEEN ISSUED TO THE INSURED NUM ABOVE PORTER POLICY
PPR1OD INDICATED. tIOVITTROTANDING ANT RPQUIR!MSNT. TERM OR CONDITICN OP ANY CONIRACI OR OTHER DOCUMENT WITH RESPECT TO
WHICH TEIE CERTIFICATE MAY BR 'SSUBD OR NAY PERTAIN Th6 INSURANCE APPOPTED BY THE POLICIES DESCRIABD RESEW Ib SUBJECT TO
ALL TERMS RSCL'JSIONS AND CONDI:TORP OF SUCH POLICIBA LIMITS SHORN MAY NAVE BEEN RBUUCSD BY PAID cLLIMD
TIp6 iP INSJRMICE
Pol]1'I NURSER
1 (GENERAL LIABILITY
, A X CONMBRCIAL GEN LIABILITY
I 1 [ 1 CLAIMS MADE ,XC OCC
I
1 ALX nen AUTC
I: : ALL ONNEu AVmo++
1' 1 OCNEDULRD AUTOS
11 1 MIRED AUTOS
I1 : NDN -OWNED AUTOS
1 GARAGE LIm:LITT
II f oMNERe•s B coerrRAe.^oR e
PROTECTIVE
CLP2131174
mAUTOMOBILE LIAR
POLITY RPP I POLICY EXP :.WITS
DAT% i BAIR I
I I ICBNIRAL AC92RGATB I 63 000.000
II 10/30/94 110/30/95 IPPCD-cCNPIOP AOG
I I
I I
1 CAP1813240
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1 :EXCESS LIABILITY
AItXUMBRELLA PORN
. t : OTHER MAN UMBRELLA PORM
I I
C0'P1850409
WORKERS: COMP WC122292
AND
EMPLOYERS' LIAR
'OTHER
, A, OCP COVERAGE
1 ,
BINDER
DESCRIPTION CP OPERA
1, C9KTIpICATE ROLLER
CNSILOcAl10Na:VEY/cLES•EPSCIAL ITSMa
The City of Fayetteville,
Arkansas
113West Mountain
F3ayetteville AR
ACOPD 25-9 11,901
,PARA A ADv INSDRYhl, 000, 000
IEACH OCCUANENCE
IIIRE DAMAGE
PANT OPE FIRS'
1N5D [BREESE
;(ANY OM$ PERSON,
11,000,000
50,000
;5,000
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MINGLE LIMIT 11P Del, 004
10/30/94 110/30/95 'BODILY IN'URY
I :PER PERSON I
I I
IB.IDILL INJURY ,
I CPBR ACC]DET1 i
I------------------ 1-.- .. -. 1
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IppOPElTY DARAGS I
'EACH OCCURRENCE �1. 000. 000
110/30/94 110/30/95 iAccR E
'12,000,00d
I 1
I ----, X ISTATUIORY LIMITS
10/30/94 110/30/95 ,EA ;DIEAn � LIMIT 1500, 000
I IDs SLAPS-NATI BMP. 1100. 000 I
I I I
I
X08/09/95108/09/96 1,000,000
, CANCELLATION -- ----
SMOVID ANY or TH9 ABOP9 mummED POLICIES BB /ANGEL:SD BPPO9E THE EI-
- P:PAT:ON PATE THEREOF, THE ISSUING COMPANY HILL P.ICBAVOR TO MAIL 30
▪ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO -ML LEY-. BUT
PAILUPI TO NAIL SUCH NGTICE SHALL INPOSE NO OBLIGATION OR LIABILITY OP
- ANY KIND UPON THE COMPANY. ITS ROASTS OR REERESENT r
• AUTHORIZED RRPRRABMTATIVE
Robert Michael Davi
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CCN. Ii Ai . A(,:2ET.' f .T
1. 1111S C cm. ," i AND Aijr.:"r; il.."_ , male and entered into th' s 15th
dny of _F,uaust ., :3 by a. -x1 between the City of Fayetteville, Ar mnsas,
Pary of the Firs t Fart, actin::; t nrcogh it's duly authorized representative,
and
Jerry D. Sweetser, :nc.
590 W. Poplar
Fayetteville, AR 72703
Party of the Second Part
irTIM.:-Sr.;:l :
That for and in cosi•' t'icn o` the payments to be meide as hereinacte— set
forth, the Party cf the Seccnd Part hereby agrees to furnish ail tnol ,
labor, equipnent, materials, and supplies require.: to the furnished and to
construe- the improvements designated as Wilson Park Asphalt Trails
A unit price Contract in the amount of 540,482.00
for the City of Fayetteville, Arkansas, in exart accordance with the Plus
on filer at the Office of to City Engineer, and Specifications, Proposals,
Stipulations, and Special Provisions attached hereto and male a part hereof
as fully as two'gh copied herein, under the direction of and to the entire
satisfaction of the Party of the First Part and in accordance with the laws
of the State of Arkarsas
2. It is fu. tlrer agreed ani understood by and between the parties
hereunto that the Party of the Firs., Part agrees to pay and the Party of the
Second Part agrees to accept an full and final compensation for all work
done under this agreement, the Unit Prices an?/;:r Lump SI -T. Price naris in
the Proposal which in hereto a`tru•'-e', such payment to be made in lawful
money of the United States, at the time and in the manner set forth in the
Specifications.
3. The Party of the Secorxi Part agrees, for the consideration
above expressed, to begin ad complete the work within the time specified in
the Proposal. Time is expressly made of the essence of this Contrac' If the
Party of the Second Part shall fail to complete the work in the time
specified he s} -.all pay to the Party of the First Part, as liquidated
damages, ascertained and agreed, and not in the nature of a
penalty, the aflir•iflrt. :.peci fid in the Proposal fc•r each day do layed, for each
Schedule delayiid, w1:_ch shall be ci�x'u-ited frau the final amount to be pal.:
t:t.4ler the Ccntra^t. niter=.;.rs of time my be grant -1x1 with waiver of
1::lu:datf.' chi:In e:5 as prcvidei for in the cpecifcaticrs.
4. Tice Party of the Se-it:rid Part agrees to furnish a Bond, with an
appr'wed Surety thereon, I~,ra an oeing the perfolnarce cf this Contract,
roc rine l by the laws of the State. cf Arkansas, azdfor not 1eiss ti -.an one
hundred (100) percent of the atount of this Contract. Said Bond skis t,e�
c.;rditicned cr. full and cc p'e e perfo_--m.uxi_ of this Contract and a -reit -air -e
b)- the City cf Fayetteville for t_he payment of all labor and materials
entering .::to err tncicle n:. t:; the pro-,x:srd _cpmve a#ss alit i shall guarani_ CP.
the work against faulty work unship cr nnitertals for a period of cre (1)
year after eer-p_cticn. The Surety on said Bond shall be a Surety Coclxany cf
financial rc•_:<:;r.':rs satirfat' tcry to the ?art-; cf t1 e First Part, anti
aut.} ori: ed to do lEsiness in the State of Arkansas.
5. The Party of the second Part. agnies a.: so to carry Publi-' Iia-ility
Insurance, F.vperty fk m age Insurance, and: Workman's Coc pens aticn Ir ;'rince
in amounts as nyiluirev. by ,•se SIx-c:ificat_ons.
w:T:\F S cicR HANDS T' -IIs 15th PAY CF A -v-5 { , 19`15
Attest
by city Clerk
Corporate Sea. (i
any,
CI.4 OF FA':::.i.nC=Lr?
FAY I:_ARIIANSAS
Mayor
JERRY D. SWEETSER, INC.
Name and Title
590 WEST POPLAR - FAYETTEVILLE, AR 72703
I3usiness A: lre l,5
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INSTRUCTIONS TO BIDDERS
1 QUAI�ZICAT IONS OF BIDDERS:
Before submitting a bid, bidders :oust be licensed under the
terms of Act 153 of the 1965 Acts of the Arkansas General Assembly,
and the successful bidder must be legally qualified in all respects
to do business in the State of Arkansas.
2. LOCAL CONDITIONS:
Bidders shall read the Specifications, exanine the Plans, and
make their own estimates of the existing facilities and the
difficulties which will attend the execution of the work called for
by the proposed Contract, including local conditions, uncertainty
of weather, and all other contingencies. Bidders shall satisfy
themselves by personal examination of the location of the proposed
work, and by such means as they may choose, as to actual conditions
and requirements. Information derived from the Plans and
Specifications cr from the Engineer or his assistants shall not
relieve the bidder of this responsibility.
3. PROPCSAL GUARANTEES:
Proposals must be accompanied by either a certified or
cashier's check, drawn cn a National Bank or a bank having
membership ir. the Federal Reserve System, cr a Bid Bend executed by
a satisfactory Surety. The proposal guarantee shall be ir. an
amount not less than five (5) percent of the bid and made payable
to the Contracting Authority tc whom the Proposal is made. A
lesser amount will not be accepted.
The proposal guarantee, or ether bid qualifications, shall be
sealed in a separate envelope firmly attached to the outside cf the
sealed Proposal. The outer envelope shall be opened first, and if
the documents are not found to be in order, the sealed Proposal
shall be returned tc the bidder unopened.
The amount of any check or bond shall be retained by the
Contracting Authority as liquidated damages in case the bidder
neglects or refuses to enter into a contract and to furnish the
required contract bend within ten (I0) 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. (a) Proposals shall be strictly in accordance with the
prescribed forms, furnished with the Specifications. Any
modifications or deviations therefrom may be considered sufficient
,rause for rejection.
(b; :t 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 wcrk required under these Contract
Documents, including itens for which no quantities are given. 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, tools, labor, etc, required to be furnished and the
doing of all work required under these Contract Documents.
(c) Proposals must be signed, in writing, by an individual
authorized to hind the bidder.
(d) Bids must be submitted at the place and on or before the
time specified in the Advertisement for Bids.
(e) Proposals must he submitted in sealed envelopes addressed
tc the Contracting Authority, and clearly narked on the outside of
the envelope, "Proposal for Construction Contract" to he opened at
(date and time). The Bidder's current Arkansas Contractor's
license number must be marked on the envelope.
(f) The Contracting Author.ty will not consider bids covering
only a portion of these specifications, unless otherwise stipulated
in the bid specifications.
(g) The unbalancing of bids will not be tolerated. Evidence
of material unbalancing will he considered cause for rejection.
5. MODIFICATIONS 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,CCNT.RACT 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.
7. 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, he may
submit to the Engineer a written request for any interpretaiton
thereof. The person submitting the request will be responsible for
its prompt delivery. Any interpretation for the proposed Documents
will be made only by ar. 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
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Authority will nct he responsible for any other interpretations of
the proposed Documents.
8. EXECUTION O1 CONTRACT DOCUMENTS:
Following the award and within ten (10) days, provided for in
the proposal, the successful bidder shall properly execute the
Contract Document.
9. BASIS CF AWARD:
Bids will be considered on the basis of the total bid price or
prices given in the Proposal.
10. EXCEPTIONS TO INSTRUCTIONS TO BIDDERS:
If `.his contract is less than $20,000.00, the following
exception appli'3s:
The Contractor is not required to be licensed under the terns
of Act 150 cf the 1965 Acts of the General Assembly.
11. TIME OF COMP:JET:ON AND LIOU:DA-FD DAMAGES:
Bidder must agree to commence work on or before a date to be
specified :n a written "Notice to Proceed" of the Owner and to
fully complete the project within the time specified. -Jiro dated
d el:r. s are hereby set SGf. ; , }' per day.
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12. SAFETY S1AN:;ARDS AND ACCI2ENT PREVENTION:
With respect to all work performed under this contract, the
Contractor shall:
(a; Comply with the safety standards provisions of applicable
laws, building and construction codes and the "Manual of Accident
Prevention in Construction" published by the Associated General
Contractors of America, the requirements of the Occupational Safety
and Health Act of 1970 (Public Law 91-596), and the requirements of
Title 29 of the Code of Federal Regulations, Section 1518 as
published in the "Federal Register", Volume 36, No. 75, Saturday,
April 17, 1971.
(b) Exercise every precaution at all times for the prevention
of accidents and the protection of persons (including employees)
and property.
(c) Maintain at his office or other well known pace 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
employees), who may be injured on the job site. In no case shall
employees be permitted to work at a job site before the employer
has made a standing arrangement for the removal of injured persons
to a hospital or a doctors care.
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GENERAL CONDITIONS OF THE SPECIFICATIONS
1. DEFINI'_ :ONS OF TERMS:
Wherever in these Documents the following terms are used, they
are understood tc have the following meanings:
"OWNER" or "CCNTRACTINS AUTHORITY" shall :Wean the City of
Fayetteville, Fayetteville, Arkansas.
"CONTRACTOR" shall mean the individual, partnership, or
corporation that may have entered into the contract with the
Contracting Authority to perform the work specified herein.
"WORK" shall mean the furnishing of all necessary tcols,
labor, equipment, materials, and supplies required to be furnished
by the Contractor under these Specifications.
2. LAWS AND RFG:;LATIONS:
All work shall be done in conformity with the laws of the
S tate of Arkansas, and any subdivision thereof, municipal and local
laws and ordinances, and all applicable federal statutes, laws or
✓ egulations.
No convict labor shall he employed on this project.
3. CCNTRACT DOCUMENTS:
The "Advertisement for Bids", the "Proposal", the "Bond", the
"Instructions to Bidders", the "General Conditions", the "Detailed
Specifications", and the "Plans", are each and all of the
Specifications component parts to the agreements governing the work
to be done and the materials and equipment tc be furnished.
The Contract Documents are complimentary, and what is called
for by one shall be as binding as if called for by all. Tne
intention of the Documents is to include al; tools, labor,
equipment, materials, and supplies necessary for the proper
execution of the work. Materials or work described in words which
so applied have a well known Technical or Trade meaning shall be
held to refer tc such recognized meaning.
The following copies of the executed Contract Documents will
be provided:
One for the Contracting Authority,
One for the sL....E.ssful Bidder,
One for the Engineer,
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4. SUBCONTRACTS:
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The Contratcr shall, as soon as practicable after the signing
of the Contract, submit to the Engineer, in writing, the names of
any Sub -contractors he proposes for any part of the work.
The City of Fayetteville Parks Department Project Manager's
approval nust be secured, ir. writing, on all Sub -contracts before
they are made and signed.
The Contractor shall be held fully responsible tc the
Contracting Authority for the acts and omissions of his Sub-
contractors and of the persons directly or indirectly employed by
his Sub -contractors.
Nothing contained ir. these Specifications or in the Contract
Documents shall create any contractual relation between any Sub-
contractor and the Contracting Authority.
5. THE CONT RACTOR :
It is understood and agreed that the Contractor has satisfied
himself as to the nature and iocation of the work, the conformation
of the ground, the character, quality, and quantity of the
materials to be encountered, the character of the equipment and
facilities needed preliminary to and during the prosecution of the
work, the general "kcal conditions, and all ether :natters which can
,n any way affect the work under this Contract. No verbal
agreement cr conversation with any officer, agent, or employee of
the Contracting Authority, eitner betcre or after the execution of
this Contract, shall affect cr modify any of the terms or
obligations herein contained.
6. INSPECTION:
The Contractor shall permit and nake possible a thorough
inspection by the Contracting Authority of all work and materials
furnished under the Contract Documents. No work shall be performed
by the Contractor without the knowledge and approval of the
Contracting Authority.
The Contractor shall be an "independent contractor" with full
power and authority to select the means, methods and manner of
performing the work, being responsible to the Contracting Authority
for all materials delivered and the results contracted for.
The failure of any representative of the Contracting Authority
to condemn cr reject work cr materials, or otherwise to exercise
any function entrusted to him, shall not excuse the Contractor from
the faithful performance of this Contract, nor shall such action
imply any acceptance by the Contracting Authority of faulty work or
materials.