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HomeMy WebLinkAbout73-95 RESOLUTION• RESOLUTION NO. 73-95 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT IN THE. AMOUNT OF $577.833.50, PLUS A 10% CONTINGENCY OF $57,783.35 WITH SWEE'I'SER CONSTRUCTION FOR IMPROVEMENTS TO ST1JBBLEFIELD ROAD; TO ALLOW THF MAYOR TO EXPEND UP TO THE TOTAL. PROJ LC 1 BUDGET, AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Council hereby approves a construction contract in the amount of $577,833.50. plus a 10% contingency of $57,783.35 with Sweetser Construction for improvements to Stubblefield Road, and authorizes the Mayor and City Clerk to execute said contract and gives approval allowing the Mayor to expend up to the total project budget. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Council hereby approves a budget adjustment decreasing Hwy 265 R.O.W.-Hwy 16 to Hwy 45, Acct. No. 4470 9470 5809 00, Project No. 95021 in the amount of $350 557.00 and Payments by Property Owners, Acct. No. 4470 0947 4420 00 in the amount of $45,500.00 to increase Stubblefield/Old Missouri Improvements, Acct. No. 4470 9470 5809 00, Project 90014 in the amount of $396,107.00. A copy of the budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this 16th day of May , 1995. ATTEST: • / %% By: . <<�i / : dI Traci Paul, City Clerk APPROVED: By: ye/421-14.4.- red Hanna, Mayor City of Fayetteville; Arkansas Budget Adjustment Form Budget Year 1995 Department: Sales Tax Construction Fund Division: Program: Date Requested May 16, 1995 Adjustment # Project or Item Requested: Request additional funding be approved for project number 90014 — Stubb.ef eld Road Improvements. Projec or Item Deleted: None. Reduction of the current year unding level for 1IWY 265 Right of Way Acquisition Project and recognition of payment commitments by owners is requested to fund this request. Justification of this Increase: The additional funds are requested to fully fund the project. The project was bid and the low bid including contmgencies was $635,617. Funds remaining for this phase of the project are $239,510. Additionally, the City has received cost share commitments from property owners for $45,550. After recognition of property owner cost share commitments the City needs an additional $350.557 to fully fund this project. Justification of this Decrease: The HWY 265 Right of Way Acquisition Project will not need the requested funds for 1995. Account Name Stubble held/Old Missouri Improvements Account Name HWY 265 R.O.W. — IIWY 16 to I IWY 45 Payments by Property Owners Increase Amount 396,107 Account Number Project Number_ 4470 9470 5809 00 90014 Decrease Amount 350,557 45,550 4470 Account Number 9470 4470 0947 Project Number 5809 00 4420 00 95021 Approval Signatures Re stS1dBy Bu De ent Director v 1 Admin. Service a;rP�t — Mayor dr:LES; J Z5, /ij`S Budget Office Use Only Type: A BCD Date of Approval Posted to General Ledger Entered in Category Log Budget Office Copy STAFF REVIEW FORM AGENDA REQUEST x CONTRACT REVIFW (change order) GRANT REVIEW c For the Fayetteville City Council meeting of N/A FROM: Jim Beavers Name Engineering Division Public Works Department ACTION REQUIRED: Mayor's review and approval of change order no. 1 for water line adjustments required for the Stubblefield Road widening project. COST TO CITY: $25.800.00 Ccst of this Request 4470-9470-5809-00 Account Number 90014 - 0020 Project Number $894,778.88 Category/Protect Budget $667,343.CO Funds Jsed To Date $59,115.00 Remaining Balance Stubblefield Rd. Category/Project Name Street Program Name Sales Tax Constr. Fund BUDGE REVIEW: x Budgeted Item Budget Adjustment Attached Budget oordinatcr Administrative Services Director CONTRACT/GRANT/LEASE //14tLijohJ v'.L'-,;t:n Accou}iting Sfal nager / ,'1 Z- 1C}$yAttofney 4 lc i. ` 7a .y. - Purchasing—Officer REVIEW: GRANTING AGENCY: Date %/46/1 Cogrd:nator_ / r 1 4, 1 i•/ n� Date Int rnal Auditor - Date J STAF REC6MME ION: Approva cf the t /7c— Division Head tate Department Director Admi. strative S X44 yor ces Director Date Date Date I.6149 4 14,2 Date Date proposed change order. Cross Reference New Item: Yes Prev Ord/Res #:73-95 Orig Contract Date: 16 May 95 FAYETTE` ILI1E THE C TY OF FAYFTTEV LLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fred Hanna, Mayor Thru: Kevin Crosson, Public Works Director Charles Venable, Asst. PW parecipor Don Bunn, City Engineer (A and Agenda Review Committee (see cover sheet) From: Jim Beavers, Engineering Date: 18 August 1995 Re: Proposed change order no. 1 to the construction ccntract for improvements to Stubblefield Road 1. Project Description. The second phase of the Stubblefield Rcad improvement project is the reconstruct and widening cf Stubblefield Road from Harold Street to the new intersection/street at Old Missouri Road. Specifically, the project provides for the widening of Stubblefield to 25 feet, curb and gutter, storm drainage improvements and a sidewalk on the north side. 2. Proposed change order. After construction began, conflicts between the storm sewer and the water lines were discovered. The storm sewer must be kept at the designed grade due to the topography of the project area. Therefore the water line must be lowered at 4 locations. The negotiated cost for this change is $25,800.00. 3. Project budget. The Council approved: the construction ccntract in the amount of $577,833.50, the project contingency of $57,783.35, a budget adjustment in the amount of $396,106.85 to fund the project, and authorized the Mayor to expend funds as necessary up to the limit of the construction and the project contingency. 4. Action requested. Mayor's approval and execution of the enclosed change order no. one. After the Mayor has executed the change order, please have the City Clerk return two originals to Engineering. encls: 1. Three original change order no. one. • 2. Copy of resolution 73 - 95. RESOLUTION NO. 73-95 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT IN THE AMOUNT OF S577,833.50. PLUS A 10% CONTINGENCY OF S57,783.35 WITH SWEETSER CONSTRUCTION FOR IMPROVEMENTS TO STUBBLEFIELD ROAD, TO ALLOW THE. MAYOR TO EXPEND UP '1'O THE TOTAL. PROJECT BUDGET, AND.APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section. 1. That the Council hereby approves a construction contract in the amount of S577,833.50, plus a 10% contingency of $57,783 35 with Sweetser Construction for improvements to Stubblefield Road, and authorizes :he .Mayor and City Clerk to execute said contract and gives a, pre\ al allowing the Mayor :o expend up ;c the total project budget. A copy of the contract :s attached hereto marked Exhibit 'A" and made a part hereof. Section 2. The C'ounc:l herc:w approves a budget adjustment decreasing Hwy 265 16 to liwv 45. Acct. No 4470 9470 5809 00, Project No. 95021 :n the amount of $150,557.[X) and Payments by Property Owners. Acct. No. 4470 0947 4A20 00 in the amount of 545,500.00 to increase Stubblefield Oh: Missouri lmprcv'ements, Acct. No. 4470 9470 5809 00. Project 9(X):4 in the amount of $396.107.0r, A copy of the budge; adjustment is attached hereto and made a pa, hereof. PASSED ANI) APPROVED tits 16:h day of May , 1995. APPROVED: /7?K/7M Dred Hanna, Mayor A 1"h1ST• 13v: Traci Paul, City Clerk • • CHANGE ORDER No. 1 PROJECT: DATE CF OWNER: (Name, Address) STUBBLEFIELD ROAD IMPROVEMENTS, PHASE II ISSUANCE: CCNTRACTOR: CITY OF FAYETTEVILLE 113 WEST MCUNTAIN STREET FAYETTEVILLE, ARKANSAS 72701 JERRY D. SWEETSER OWNER'S BID CONS_'RUCTION, INC. ENGINEER: MILHOLLAND COMPANY 205 WEST CENTER ST. FAYETTEVILLE, AR 72701 CONTRACT FOR: STREET AND DRAINAGE IMPROVEMENT'S No. 9b-18 ENGINEER's Protect No. E-447 You are directed to make the follow Contract Documents. ng bid item changes in the Description: ADDITIONS TO BASE BID ITEMS: CONTRACT PART "A" - WATER DISTRIBUTION SYSTEM: ]C. WATERLINE RELOCATION: Lower existing 6' Cast Iron Water Main per Detail on Detail Sheet of Plans, inc:uding all fittings, thrust blecksi clearing, grubbing, pipe bedding cleanup, testing and other appurtenances. Waterline Relocation shall be coordinated and under the supervision of the City of Fayetteville's Water Department. Subsidiary to the fo_lcwing items, Contractor shall give 48 hour notification to all affected residents due to any =nteruptions in water service. Complete-ir.-place, as follows: A. STATION 3+7S[S'_UBBLEF:ELD ROAD : Lower existirc 6" C.I. Water Main in two locations approximately 2' per Detail on Detail Sheet, per Lump Sum @ Nine thousand two hundred and 00/100 - - - - $; 9,200.00) per L.S. $ 9,200.00 STATION 3.20[STUBBLEFIELD ROAD]: Lower C.I. Water Main approximately it cn Detail Sheet, per Lump thousand one hundred and $( 5,100.00) per L.S. $ B. existing 6" 2' per Deta Sum a Five 00/100 STATION 0+70[STUBBLLFIELD ROAN: Lower C.I. Water Main approximately tail on Detail Sheet, per Lump thousand two hundred fife -- $(51250.00) per L.S. $ C. existing 6r 2.5' per De Sum ® Five and 001100 - 5,100.00 5,250.00 ADDITIONS TO BASE BID ITEMS[CCNT._: CONTRACT PART "A" - WATER DISTRIBUTION SYSTEM: 10. WATERLINE RELOCATION: D. STATION 15+20[HAROLD STREETI: Lower existing 6" C I. Water Main approximately 3.0' per Detail on Detail Sheet, per Lump Sum @ =lve thousand seven hundred fifty and 00/1CC - - - $( 5,750.00) per L.S. $ 5,750.30 CONTRACT PART "C" - STREET AND STORM DRAINAGE: 5.F SHEET _: Walls to Bid Item No 1 of and CC/1 Construct Reirforced Concrete Wing Headwall as bia ir. Contract Part "C'• Nc. S.B. per revised detail on Sheet 0Tans, per Lump Sum @ Five hundred 0 - - - $( 5CC.00 ) per L.S. $ 500.00 TOTAL ADDITIONS TO BASE BID ITEMS $ 25,800.00 Attachments: (List documents support CONSTRUCTION PLANS CHANGE IN CONTRACT PRICE: Oriairal Contract Price $ 577,833.50 ng change): REVISED CHANGE IN CONTRACT TIME: Original Contract Time 180 CONSECUTIVE CALENDAR DAYS Previous Change Orders No. -0- to -0- $ 0 - Net change from previous Change Crders 0 - Contract 'rice Change Order $ 577, 833.50 prior to this Contract Time Prior to this Change Order 180 CCNSECUTIVE CALENDAR DAYS Net increase (decrease) of this Change Order $ 25,800.00 Net Increase o`_ this Change Crder 20 CONSEC,.TIVE CALENDAR DAYS Contract Price Change Crders S 603,633.50 RECOMMENDED: by f < nn•i. e" APPROVE with all approved Contract Time with all approved Change Orders 230 CONSECUTIVE CALENDAR DAYS days or date APP VELA: / itieziew,..r. Ci y�o_ Fayettevi1ie onstruction STAFF iREVI;EW PORN AGENDA :REQUEST tONTRACT REVIEW (change 6 'GRANT :REVIEW •For the Fayetteville City Counci=l netting of MYA FROM: Jim Beavers Name ;Ent inter Lna Divi`s'ion 'Public Works_._. Department :ACTION :REQUIRED: Mayor's YeVirew and Approval of change drainage and sidewalk thangeS fot the Stubblefield :Road order no. 2 for Widening project. COST TO CITY: 5-2,823.00 Cost of this Request 4470-9470-5809-00 Account Number 90'014 - 0020 Project Number * Total project budget BUDGET REVI ciao S5S7.,'853.27 tategoryfl oject'Budget .Sttbbl"ef.i:el.d Rdr. Category./Project :Name $953„931,71 .Street Funds used To Dab@ $33,921..56 Remaining :Ba:ahce - Phases 1 and 2. Program 'Name Sales Tax ton'stri. F.uhd x Budgeted Item _ Budge't- Ad7:ustnent Attached :Budget Coordinator Al:ti•nletrat2ve Services Director CONTRACT/GRANT/LEASE 1 Accounti REVIEW: /75 eV, Date Manag A t_ty AttLo y i 1 r Purchasiaa Officer Date .Date GRANTING •A'GENCY:.._ . .AgA.toord .nattr 1 ' • . 1.../ / —I -r- -"if liece•rn'al Auai'tOl. .Date . , • :Daae STAT REOOMMENf ;...e/.(d., Division Head .Da . • epartment Director" Administrative rvibed :Approval.of the proposed rchallge order. tate 7 -7r -41 - :Date Daredt5r Sate 54•9(' D"atre `CYoesRe€ar,e.nece :New Zt.en: PreyrsN%Re's#:473-95 = Ott' Cbntract:Detei 16 .May 95 IMPROVEMENTS FOR STUBBLEFIELD ROAD PHASE II A Pti3LIC WORKS PROJECT FOR E CITY OF FAYETTEV-LLE BID No.: 95-18 ENGINEER'S PROJECT NO.: E-447 March, 1995 ENGINEER: MR. DON BL'NN STAFF ENGINEER: MR. JIM BEAVERS ADDRESS: CITY OF FAYETTEVTLLE., ARKANSAS 113 WEST MOUNTAIN STREET FAYETTEVILLE, ARKANSAS 72701 TELEPEONE: ;501) 575-8208 MILHOLLAND COMPANY ENGINEERING & SURVEYING 205 West Center Fayetteville, Arkansas 7270 Telephone_: (501) 443-4724 Fax: (501) 443-4707 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 9 d 4 _ L n _A_-. 6. _Fa s S 3 S s 'I , �;% � ,. L NdTED STATES FIIDELI AKANTY COMPANY (A Stock Compa^y) ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND we Jerzy .. Sweetser, Tnc. .......... ........ ... ........ . . ... ..... ..... .. .. .. ........ .................. as Principal, hereinafter cal ed P•inc pal anc UNITED STATES FIDELITY AND GUARANTY COMPANY, a coroporatior orgar•ized and existing urder :he laws of the State of Maryland and authorize° to do business it the State of Arkan as, as Suretybe-e natter caller. Surety, are held and f rrrly bound unto. ............ the City of Fayetteville, Aricansas as Obligee hereinafter calle? Owner. in the amourt o'. F'.. .If mired, Seven:.y Sever Thcii lid., r qr-. H-.ndred Thirty Three and 50/100 . . . Dollars ($ 577 . r a -?3..50, . ) for the payment whereo' Pr ncipa' and Suety bind themselves. their heirs. persona representatives. successors arc assigrs, jorn:ly anc several y. f rely by these presents Principal has by written agreement cated "laY..16,..1-995 ... entered into a contract w th Owner for for furnish ny all labor and rrater:als for the corstruct,on of the Stubblefield Road Trrprovenent, Phase 11, Fayetteville, Arkansas . which corn -act s by reference made a part hereof, and is nereinater referred tc as the Contract. THE CONDITION OF THIS OBLIGATION is suoh hat i' the Pr ncipa shal la thfully perform tine Contract on his Dart and sha I fully nde-nrify and save harm ess the Owner from al cost and damage which he may suffer by re..son of 'allure so to cc arc shall `Lily reimburse and repay the Cwne- all out ay and expense which tine Owner rray incur in maKing good ary sun default anc. 'Lrher. that if the Principal shal' Day al persons a Indebtedness for labor or mater als fun spec or performed under said Cortract, tai ng which such Persons shal have a d rect right of action against the Prncipal and Surety, jointy and severally, under this obligation, subject to the Owner s pr ority. then this obligation sha I be rull and vo-c: otnerw se it shall rema n •n full force and e`$ect No sui:. action or p•oceedlrg shall be brought on tis bond outside the S:ate of Arkansas Nc suit, action or proceeang shal be brought ari tis bone except by :he Owner, urless it is brought in accorcance wth A.C.A Section 22-9-403 (b; and A.C.A. Section 18-44-SC3 ib) (Sapp. 1987) as amendec. Na su t, action or proceeding shal be brought by the Owner after two years from the Cate on which final payment under the Contract falls cue. Any alterations which rray be mace in the terms o' the Contract. or in the work to be done under it. or :he g v ng by the Owner o' any extension of lime for the performance o' the Contract. or ary other fo•be•ance or the part al either the Owner cr the Pr-rc pal to the ether snail no: in any way release the Principal and :he Suety or Sureties, or either o' any of them :heir he rs, pe-sonal representatives successors or assigns from the r liabi ity hereunder rotice to the Surety or Sureties of any such alterat on, extension or forbearance beng hereby wa ved In no event shall the aggregate lability of :he Surety exceed the sum set out herein Executed on this ..?j=a ..... day o'. -' Y........... 19 .. IL.I. ••=-�a • Contract 158 (Arkansas) 01-89) er,,?TIP „_,,, —P-cincipa By Pres der -t L UNITED STAT FIDELITY AND GUAJTY COMPANY Surety Robert M. Davis - • Attorney-in-fact s- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 UNITED STATES FIDELITY AND GUARANTY COMPANY POWER OF ATTORNEY NO. 106636 936031 /i, fUSF-G` KNOW ALL MEN BY THESE PRESENTS: That U NTFED STATES FIDELITY AND GUARANTY COMPANY. a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland does hereby constitute and appoint A.P. Eason, Jr. and Robert M. Davis ofthe City of Fayetteville , State of Arkansas Its true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above. to sign its name as surety to, and to execute. seal and acknowledge any and all bonds. undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts: and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Wbereof, the said UNTIED STATES FIDELITY AND GUARANTY COMPANY has caused this Instrument to be sealed with its corporate seal. duly attested by the signamm of its Senior Via President and Assistant Secretary, this 22nd day of January , A.D. 1993 . STATE OF MARYLAND) BALTIMORE CRY ) UNITED STATES FIDELITY AND GUARANTY COMPANY (Signed) By (Signed) By. IMAM. ..... .... Senior Vice President Assistant Secretary Onthts22nd dayof January ,A.D.1993 . before me personally came Robert J. Lamendola Senior Vice President of the UNITED STATES FIDELITY AT4D GUARANTY COMPANY and Paul D. Sims . Assistant Secretary of said Company, with both of whom 1 am personally acquainted, who being by me severally duly sworn, said, that they. the said Robert J . Lamendola and Paul D. Sims were respectively the Senior Vice President and the Assistant Secretary of the said UNITED STATES FIDELITY ANDGUARANTY COMPANY. the corporation descnbed in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that 11 was so affixed by order of the Enid of Directors of said corporation, and that they signed their names thereto by Tike order as Senior Vice Premarital and Assistant Secretary. respectively, cf the Company. My Commission expires the llth day in _. MarchA.D. 1995 j41-- ( i� (Signed) NOTARY PUBLIC This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on September 24. 1992: RESOLVED. that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed. and acknowledged by persons or entities appointed as Anorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions Said Poweits) of Attorney for and on behalf of the Company may and shall be executed us the name and on behalf of the Company, either by the Chairman, or the President or an Executive V ice President or a Senior Vice President, or a Vice President or an Assistant Vice President. jointly with the Secretary or an Assistant Secretary, under their respective designations The signature of such officers may be engraved. printed or lithographed The signature of each of the foregoing officen and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Anomey(s)-m-Face for purposes only of executing and anesting bonds and undertakings and other writings obligatory in the nature thereof. and unless subsequently revoked and subject to any limitations set forth therein. 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 cectifed by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which itis validly attached. RESOLVED, that Attorney(s)-in-Fact shad have the power and authority. unless subsequently rooked and, in any case subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings. and other writings obligatory in the nature Thereot and any such instrument executed by such Attorney(s)-0-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. L Paul D. Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY. do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effect. I. the undersigned Assistant Secretary of the UNTIED STATES FIDELITY AND GLARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and bas not been revoked. In Testimony Whereof, 1 have hereunto set my hand and the seal of rte D STATES FIDELITY AND GUARANTY COMPANY on this day of .19 f FS 3 (10.921 ev,) V Assistant Secretary 1 CERTIFICATE OF INSURANCE: I PRonucaR 'Eason & Company, Inc. 100 West Center, Suite 201 Fayetteville, AR 72702-4217 11 PLoNE501-521-2233 :NnTEE 1 1 1 Jerry Sweetser, Inc. 590yW. Poplar Fayetteville AR OCJEPAGES e 1 1 1 1 1 1 1 1 1 1 1 1 CSR SB 05/24/95 1 THIS CER::P:CAPE :S ISSUED AS A MATTER OF INFORMATION ONLY AND 1 CONFERS NO RISH:S UPON THE CERTIFICATE HOLDER :HIS CER.'P.,ATE j 'GES NC: ANENT., EXTEND OP ALTRI THR COVSPAGE AFFCPDBE by THE PCL]C]ES BELOW COMPANIES AFFORDING COVERAGE COMPANY LETTER Bituminous Insurance Co. roMPANY LETTER B C'OMPANi LST'TER C COMPANY LETTER D ^OMPANY LETTER E THIS :3 TO ChR'T-FV :FAT POLICIES OF INSURANCE LISTED BELOW ]lA'IS BEEN I.S.SUE. :C THE INSURED NAMED ABOVE FOP THE PC].::: PERIC: 'N " CA"E" NOTWITHSTANDING ANY RE;,C:PRMENT TERM OR CONDITION GP ANY CETPA^: OR OTHER DOCUMENT WITH RESPECT TC WHICH THIS CERTIFICATE MAY BE I33JES SP MAY PERTAIN THE INSURANCE APPCRDED BY THE PLLICIES DESCRIBED HERSIN IS SOB, ECT .� 4:] TERMS, EXCLS:CFS, AND CONDITIONS SF SLUE POLICIES. 'SM: -S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF :NSLRANCE GENERAL LIABILITY A X ';:MRERS:AL 3EN I :AH:LITS CLAIMS MADE X- OCC . OWNEERS'S k CONTRACTOR'S PROTECT::B AUTOMOBILE LIAB A XX] ANY All:O ] ALL OWNED AUTOS 1 SrHEnL'LED AUTOS HIRED AUTOS , NON OWNED AUTO., , GARAGE LIABILITY PCI-CY NTTP FP POLICY EFF DATE CLP2131174 10/30/94 CAP1813240 X EXCESS LIABILITY A UM.6EEb FORM , -TREP THAN UMBRELLA FCRM A WORKERS' COMP AND EMPLOYERS' LIAB OTHER A OCP CUP1786039 WC122292 Binder OEGPM:P::OF OF OPERATIONS' IOCAT:CNS, VEHICLES SPECIAL ITEMS Improvements for Stubblefield Road, . 'FP:IF:CATE MO'DEF MIHOLLAND ENGINEERING & SURVEYING 205 CENTER FAYETTEVILLE AR 72701 r -P.-. ]S : - 9G 10/30/94 10/30/94 10/30/94 05/23/95 POLICY EXP DATE LIMITS GENEPAL AGGREGATE 10/30/95 PROD COMP OP AGG PERS. E INCURYIl, /000, 00Q EACH OCCURRENCE 1, 000, 00Q 50,000 FIRE DAMAGE :ANY ONE FIFE! MED EXPENSE :ANY ONE PEESON' 15, 000 COMB SINGLE LIMIT 10/30/95 Bcr:LY INJURY PER PPRPON B:L:LY INJURY 'PER ACCIDENT, 11000000 !PROPERTY DAMAGE (EACH CCCCTPENCE 2000000 10/30/95 10/30/95 10/30/95 AGGRESATE 2000000 X STAU OPY LIMITS EACH ALL -DEFT 1000000 D]SEASE-POL. LIM;T 5000000 DISEASE EACH EMP 1000000 1000000 Phase II, Fayetteville, Arkansas =AN:ELLA::_N e 54r"L- inti -F -HE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX PIRAIISN DA.h :hhRh)F THE ISSUING COMPANY VIII ENDEAVOR TO MAIL - DAYS' WRITTEN NC::CE TO TEE CERTIFICATE HOLDER NAMED CO Phh L6Pr. Bu: - PA]LJRE :C MAI: SUCH NOTICE SHALL IMPOSE NC CBI:PAT:ON ')P LIAPTLITi CP - ANY FIND DEIN THE COMPANY" ITS AGENTS .H REFRESEN:AC:.6S PEFPESEN=ATI'.E1 2 Robert Michael Davis � 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CERTIFICATE OF INSURANCE: PRODUCER Eason & Company, Inc. 100 West Center, Suite 201 Fayetteville, AR 72702-4217 PM:NS501-521-2233 INSURED Jerry Sweetser, Inc. 590 W. Poplar Fayeetteville 3 AR 7 • -OVERAGES e CSR SB 05/24/95 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CER::FICATF HOLDER THIS CERTIFICATE DOES NOT AMEND. EXTEND CR ALTER THE COVERAGE AFFORDED 13i THE POL1':IES hI A)W- COMPANIES AFFORDING COVERAGE CFF PANY COMPANY LETTER Bituminous Insurance Co. LETTER B PANY C':PANI COMPANY LETTER C ].ETTEF D LETTER E THIS IS TO CERTIFY THAT POLICIES OF INSURANCE L:STEC BELOW HAVE BEEN ISSUED TO TI{E ]NSJRED NAMED ABOVE FOP THE POLICY ?ERIOD INI)IrATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT Ott GIBER DOCUMENT WITH PESPECT TO WHICH THIS CERTIFICATE MAY Eh ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED I:EREIN IS SUBJECT T .,LL TERMS. EXCLUSIONS, AND CONDITILNS OF SUCH POI:7-ES T. SFOWN MAY HAVE BEEN REDUCED BY FAIL' CLAIMS. TYPE (F INS(IRANrR POLICY NUMBER LTP, GENERAL LIABILITY A .X-LM.M.EP':)AL GEN 'TAHI: i .:.AIMS MADE X; 0:7 OWNERS S k CONTRACTOR'S PPOTECTIVE AUTOMOBILE LIAB ABX ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS BIPED ALTOS NON OWNFD AUTOS GARAGE L:APILITY EXCESS LIABILITY A X. 7MBPELLA FCPH . . --HEP .'HAN UMBP F1.]A FORM POLICY EFT DATE CLP2131174 10/30/94 CAP1813240 CUP1786039 POLICY ExP DATE L:?]TS IGENER' AGGREGATE 10/30/95 jPRCD-COMP LP Ax 10/30/94 '10/30/95 .U'),•L)1, PERS 4 ALC TNJCRY 1, 000, 000 EACH GCCTPPENCE 1,000,000 FIRE DAMAGE 'ANY CNE FIRE' 50,000 MED EXPENSE 'ANY CNE PhRSON' 5,000 COMB SING:F LMT 1000000 BODILY INJURY 'PER PERSON: BODILY INJURY (PER ACC:DENT: PROPSPTY SAMAGE 10/30/94 10/30/95 EACH OCCURRENCE Ar,GP3GATE A WORKERS' COMP AND EMPLOYERS' LIAB OTHER A OCP WC122292 Binder 2000000 2000000 X (STATUTORY L:MOTS 10/30/94 10/30/95 EACH ASS:SEN— 1000000 DISEASE FOL LIM:T 5000000 DISEASE -EA -H EMP 1000000 05/23/95 10/30/95 1000000 ZhSLR.P'..LN CP OPBPATIONS, LOCATIONS,'-hH.C].ES, SPECIA.. ITEMS Improvements for Stubblefield Road, Phase II, Fayetteville, Arkansas The following named as additional insureds: The City of Fayetteville, 113 W. Mountain, Fayetteville, Arkansas 72701 • CEFT:F:^-ATE FOLDEP a The City of Fayetteville, Arkansas 113 West Mountain Fayetteville AR 7A'..P7 L 25 S - 9: • "ANCELLAT:CN . - SHCULJ ANY CF THE ABOVE DESCFIBED POLICIES 3E CANCELLE/ BEFZRE THE EX PIRATIGN DATE THERESE. TYE ISSUING COMPANY WILL ENDEA-CR .0 MA.L 30 - :)A S WRITSEN NCI. CE :.. ThR CERTIFICATE HOLDER NAMED TL T]]E LEFT. BUT FAILURE TO MAIL SUCH NOTICE SPALL. IMPOSE NO CBL:GAT:DN OR TABU( :T) OF' - ANY RIND ::PON THE CLCPANI. ITS AGENTS OR REPRESENTATIVES - A']TH.:R:-E: REPRESENIASI' h Robert Michael Davi 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ADVERTISEMENT FOR BIDS Notice is hereby a:ven that pursuant to an order by the CITY CF FAYETTEVILLE ARKANSAS, sealed bids will be received at the City of Fayetteville, Purchasi.r_-c Office, Room 306, 113 West Mountain Street, Fayetteville, Arkansas until 11:CC A.M., April 11, 1995, for the furnishing of all tools, :materials, and labor and the performance of ail necessary wcrk in Fayettev:ile, Arkansas, consisting cf: S 'UBBLEFIELD ROS IMPROVEMENTS, PHASE. II FAYET EVILLE, ARKANSAS STREET, DRATNAGE, AND WATER=MPRCVEMENT3 BID NO. 9E-18 All necessary wcrk, materials, and every item.ef construction shall be in accordance with the plans, profiles, and specifications as approved by Public Works Department, City of Fayetteville, and Health Department. Said plans and specifications are on file in the office of the Engineer, MILHOLLAND COMPANY, Engineerinc and Surveying, 205 West Center, Fayetteville, AR 72701. Ccpies may be obtained from the office cf said engineer upon the payment of S133.CC dollars. Unsuccessful bidders or ncn-bidders will be refunded 530.00 upon the return cf undamaged plans and specifi- cations within ten 1 days after the date cf receiving bids. Each contractor shad be responsible for the investigation, inspection, and studies of the project site as deemed necessary to familiarize themselves w.t^ ail conditions to be encountered. All bidders shall be licensed under the terms of Act 150 of the 1965 Acts cf the Arkansas Legislature. Each bid must be accompanied by a cashier's check or surety bond in an amount equal _.- fi._ percent ;5 cf ..he whcle bid. id. Said bond shall be issued by a sir ety company _icensed an business _ the State of Arkansas. In the ^event the successful bidder fails, neglects, cr refusesyenter into the contract for the construction of said work and furnish the necessary bonds within ten (10) days frcm.. and after the date the award is made, the Owner shall retain said check cr bond as liquidated dana::cs. All bids shall be sealed and the envelope addressed to the City of Fayetteville, Purchasing Office, Rccm 306, 113 West Mountain Street, Fayettevi::e, Arkansas 727C1, and marked cn the '_cover left side of the bid envelope shall be the fo.lowing information_: Pro-ect name, date of bid cpening, time of bid opening, bidding contractor's name and licensed number, and subco-tractor's name and -;ce._._,. _umber, if any. i 1 1 1 1 1 1 1 1 II 11 11 II 11 11 11 11 11 31 11 ADVERTISEMENT FOR BIDS Bids will be cpened and read aloud at the City cf Fayetteville, Purchasing Room 306 at the previously specified time and shall be considered by the Owner, as may be necessary. The right to reject any and all bids, to waive any informalities, and to negctiate with any qualified bidder after bid opening, shall be reserved to the discretion of the Cwner. No bidder may withdraw His bid within sixty (EC) days after the actual date cf the bid opening. 2 1 �1 II 11 II II II II II II II II 11 11 11 AI 11 11 INFORMATION FOR BIDDERS 1 and Cpenina of Bids: the City cf Fayetteville, Arkansas, called the 'Cwner'), invites bids on the form attached hereon, all blanks of which :rust be appropriately filled in. Bids will be received by the Cwner at the City of Fayetteville, Rocn 306, until 1995 and then be publicly opened and containing the bids :rust be sealed, designated as bid for: 2. Receipt (herein read aloud. addressed to The envelopes the Owner, and STUBBLEFI'r.LD RCA:: :MPROyENFN^S, ?EASE FAYETTEJILLE, ARKANSAS BID NO. 95-18 The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive an informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled tire for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within SC days after :he actual date of the opening thereof. The Owner reserves the richt to decide which sha_. be deemed the lowest responsive and responsible bid. The bidder's reputation, financial ability, experience, and equipment shall be given due consideration. ?reparation of Bid: Each bid must be submitted on the prescribed form and accompanied by a performance record of the bidder regarding construction projects of similar nature (minimum 3) and also include the proposed subcontractor. All blank spaces for bid prices must be filled in, in ink cr typewritten, in beth words and figures, and the foregoing performance record must be fu'.ly completed and executed when submitted. Each bid must be submitted in a sealed envelope bearing on the outside nares and license numbers of the bidder and the proposed subcontractor, addresses, and the name of the project for which the bid is submitted. If forwarded by rail, the sealed envelope containing :he bid must be enclosed in another envelope addressed as specified in the bid form. The Engineer's estimate of quantities is approximate only, and shall be the basis for receiving unit price bids for each item but shall not be construed by the bidders as actual quantities required for the completion_ of the proposed work. Such quantities, however, at the unit and lump sum prices bid `_cr each item, shall determine the amount of each bid fcr comparison_ cf bids and the evaluation cf the best bid for the purpose of awarding of the contract, and will be used as a basis for fixing the arroun` cf the required bunds. A copy of the project's proposal forms may be obtained as provided in the Advertisement for Bids. All papers bound with or attached to the proposal forms are necessary parts thereot and crust not be detached. INFORMATION FOR BIDDERS Bads which are incomplete, unbalanced, conditional, or obscure, or which contain additions not called for, erasures, alterations or irregularities of any kind, cr which do not comply with the Inforrat_on for Bidders may be rejected as infer: -.al at the option cf the Owner. However, the Owner reserves the right to waive technica' ; " os as to changes, alterations, or revisions and to make the award in the best interest cf the Cwner. t Price Bids: Bidders shall insert a unit price for each item of work lasted in the Engineer's estivate of quantities of work tc be done. Tnit crices shall include amounts sufficient for the furnishing cf all labor, materials, tools, equipment, and apparatus of every description, tc construct, erect, and ..om:,letely finish all of the work as called for in the specifications and shown in the plans. Unit prices bid and totals shown in the Proposal shall include all costs of material testing, subgrade, base, paving materials, and all other construction materials. The price bid for each item :rust ce stated in figures and in words on the bidding forms. In ca::e of a difference in the written words and figures in a Proposal, the amount stated in the written words shall govern. All _tens in the Procosai shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and deemed not tc be in the best interest of the Owner may be rejected at the discreticn of the Engineer and/or the Owner. 3. Subcontracts: The bidder is specifically advised that any person, firer, or ether party to whom it is proposed to award a subcontract under this contract - a. Must be acceptable to the Cwner after veriticaticn by the Engineer of a good current performance record; Must be licensed in the State of Arkansas to dc construction work: Must have previously performed local protects of similar nature and type as the proposed project ie. a professional and satisfactory manner. Approval of the proposed subcontract award cannot be given by the Cwner unless and until the _proposed subcontractor has submitted the evidence showing that it has fully complied with all reporting recuirements to which it is or was sub ect. The general ._.,.._ractur will re required tc i..rrish the names of subcontractors and the amounts of their subcontracts as required by Act 183, Arkansas Acts of 1987. The subcontractor's name and license number shall appear on the outside of the sealed envelope. Subcontractors must be licensed according to the laws of the State of Arkansas. 2 1 II II II II II II II II II II II I! 11 11 11 11 11 11 INFORMATION FOR BIDDERS 4. State Licensing Laws: Contractors :rust be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law tor Contractors". Bidders who submit proposals in excess of SIC,COC must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of the proposal. 5 Telegraphic Modification: Any bidder may modify his bid by telegraphic co-cnu :icat:or- at any time prier to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the Owner prior to the closing time, and prov-ded further, the Cwner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price bit should provide the addition or subtraction or other modification so :hat the final prices or terms will not be known by the Owner until the sealed bid :s opened. :f written confirmation is not received within two days from the oicsine tine, no consideration will be given to the telegraphic modification. 6. Method cf Piddinc: The Cwner invites the following bids;: STUBBLEFIEL: ROAD :MPRCVEMENTS, PHASE II FAYETTEVILLE, ARKANSAS P -D NC. 95-12 7. cua1i_fications cf Bidder: The Owner may make such investigations as he deems necessaryo determine :he ability of the bidder to perform the work, and thebidder shall furnish to the Owner all such information and data tor this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy :he Owner that such bidder is properly qualified to carry out the obligations of the contract and to com_Dletc the work contemplated therein. Conditional bids will not be accented. Each bidder, :f requested tc do sc by either the Owner or tne Engineer, shall furnish satisfactory evidence of his competency to perform the work contemplated. The Owner reserves the right to reject a bid if the ridoer has not submitted, upon request, a statement of Bis qualifications prier to the date of the open±ng of bids. The Contractor s :a l l not assian or sublet all cr any part of this contract wit::;...... prior written approval ..:e Caner nor shall the contractor al:ow such subcontractorvtc commence work until he has provided and obtained approval of such compensation and public liability insurance as may be required. The approval of each subcontract by the Cwner will in no manner release the contractor from any of his bligations as set out in the plans, specifications, contract, and bonds. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 INFORMATION FOR BIDDERS Before aro- contract is awarded, the bidder may be required to furnish a complete statement cf the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the work, together with samples, which may be subjected to the tests provided for in these specifications to determine their quality and fitness for the work. 8 aid Security: Each bid must be accompanied by cash, certified check of the bidder, or a bid bond prepared on the form of bac: bond attached hereto duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of the bid. Such cash, checks, or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids, and the remaining cash, checks, or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or if no award has been made within 30 days after the date of the opening of bids, upon demand of the bidder at any time thereafter so long as he has not been notified cf the acceptance of his bid. 9 _.:quidated Damages for Failure to Enter into Contract: The successful bidder, upon his failure or refusal to execute ana deliver the contract and bonds required within. 1C days after he has received notice o_` the acceptance of f his bid, shall forfeit to the Owner, as l-qu`rfor damages fo_such failure cr refusal, the security deposited with his bid. 1C. Time of Completion ard Liquidated Damages: Bidder must agree to commence work on cr before a date to be specified in a written "Not:ce tc Proceed" of tne Owner and to fully complete the project with 13C consecutive calendar days thereafter. Bidder must agree also tc pay as liquidated damages, the EUT. of $25C.0C for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. Conditions of Work: Each bidder rr;ust inform himself fully cf the conditions relating tc the construction of the project and the etpinyr-ent of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all materials and labor necessary to carry cut the provisions of his contract. Insofar as possible, the contractor, in carrying out his work, must empl_:y such methods or ^cans as will nct cause any irterrup`-J cc or interference witn the .vork of any other contractor. 12. Addenda and Interpretations: No irterpre ation of the meaning cf the plans, specifications or other ore -bid documents will be rade tc any bidder orally. INFORMATION FOR BIDDERS Every request for such interpretation should be in writing, addressed to =HOLLAND COMPANY, Engineering & Surveying, 205 West Center, Fayetteville, AR 72701, and to be given consideration, must be received at least five days prior to the date fixed for the opening cf ..ids. Any and all such interpretations and any supplemental instructions will be in the fora cf written addenda to the specifications which, if issued, will be mailed by certified mail witn return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three ,3' days prior to the dated fixed for the opening cf bids. Failure of any bidder tc receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. Securi<vfor Faithful Performance: Simultaneously with his delivery cf the executedcontract, the contractor shad furnish a surety bond cr bonds as se- - y for faithful performance of this contract and for the payment cf al: persons performing labor on the project under this contract and furnishing materials in connections with this contract, as specified herein. :he surety on such bond or bonds shall be duly auth--'.od by a surety company satisfactory to the Owner. Power of Attorney: Attorneys -in -Fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power cf Attorney. Notice of Special Conditions: Attention is particularly called tc ',hose parts of t e contract documents and specifications which deal with the following: a. Inspection and testing cf materials. b. Insurance requirements. c. Wage rates. Stated allowances. :6. Laws and Reaulaticns: The bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rues and regulations of all authorities having jurisdiction over construction cf the project shall apply to the act ``.r_ .,.:t. and they will be deemed to be included in the contract the same as though: herein written out in full. Applicable iaws and regulations the contractor and subcontractor shall comply with and be familiar with are as fo:lows :17;t nst ...._ted to) : a. Wage and Labor laws. b. State unemployment con._nensa_ic..^. Act 74 - Amend Act 275 of 1969;Arkansas Statute 14-633). d. Withhold:no State and Federal Taxes. . Ant' -kickback Act of June 13, 1934, 40 U.S.C. 276 cc). 4 Equal opportunity provisions. 9- 12E - Arkansas Acts 1965. 1 1 1 II II II II II II II II II 11 11 11 11 11 '11 11 INFORMATION FOR BIDDERS The contractor shall comply with all such laws and regulations and any amendments or modifications made thereto and shall include all such provisions with all subcontracts. The contractor shall abide by all Federal, State, and local laws governing labor ^'^e contractor further agrees to save the Owner harmless from, the payment of any contribution under the State Unemployment. Compensations Act, and the contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. Minimum wage rates shall be equal to basic rates as established by ccntnon usage in the city and adjacent community for the various types cf labor and skills performed. :r. case wage rates are specified in the contract documents, the rates as specified shall be the minimum rates which apply to the project. Whenever available, local common labor shall be used, and whenever practical, skilled and semi -skilled labor if available, shall be used. The contractor and each subcontractor, where the contract amount exceeds $75.0O3, shall comply with the provisions cf Act 74, as amended by Act 275 cf 1969 (Arkansas Statute 14-630). :he provisions are summarized below. The contractor and subcontractor shall: a. Pay the min:mut', prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor. b. Post the scale of wages in a prominent and easily accessible place at the site of the work. c. Keep an accurate record showing the names and occupation and hours worked of a:: workmen employed by them., and the actual wages pard to each of the workmen, whic_.c_d shall be open at all reasonable hours to the inspection cf the Department of Labor or the Owner, its officers, and agents. The Owner shall have the right to withhold from amounts due the contractor so much of accrued payments as may be considered necessary to pay .he workmen employed by the contractor or any subcontractor, the difference between the rates of wages required by this contract and the rates cf wages received by such workmen. 6 INFORMATION FOR BIDDERS If :t is found that any workman employed by the contractor or a subcontractor has been or is being paid a rate cf wages less than the rate of wages required by this contract, the Cwner may, by written notice t,, the contractor, terminate his right tc proceed with the work or such par_ of the work as tc which there has been a fa:lure to pay the required wages and to prosecute the work to completion by contract or otherwise, and the contractor and his sureties shall be liable for any excess costs occasioned thereby. The contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid to employees, whether such employees are residents or non-residents of Arkansas. When provided for in the specif:cations, the contractor shall comply with the regulations of the Secretary of Labor made pursuant to the Anti -kickback Act of June 13, 1934, 40 U.S.C. 276(c), and any amendments or modifications made thereto and shall see that such provisions are included in all subcontracts. A copy of such provisions is included hereinafter in these specifications. Where Federal funds are used to pay a portion of the cos: of a pro:ect. the prospective badder will be required to comply with the provisions of Title v= of the Civil Rights Act of 1964 and Executive Orders 112.6 and 11375, and, where applicable, shall include such provisions in s..bc.r..._racts or purchase orders. Further, certain construction contracts are subect to compliance with Minority Business Enterprise requirements. Where provided for in the specifications, the contractor, as apart of his bid, shad complete forms relative to compliance, or participation with the above. ':hc attention cf all hidders is called tc the provisions of Act 125, Arkansas Acts of 1965. This act provides _fur payment for certain taxes on materials and e uipmert brought into the state. I: further provides for methods of collecting said taxes. All previsions of the act will be complied with under this contract. 17. Insurance: During the life cf this contract, the successful bidder shall carry insurance as hereinafter set out. Also, he shall require all of his subcontractors to carry insurance as outlined below, in case they are not protected by the policies carried by the prime contractor. Insurance companies underwriting licensed _.. the State o_` Arkansas. insurance shall be I::surarce is to be approved by the Owner. If any insurance contracted for becomes W.satisfactory or unacceptable to the Cwner after the acceptance and approval thereof, the contractor shall promptly, upon being notified to that effect, execute and furnish acceptable insurance in the amounts herein. specif:ed. Upon presentation of acceptable insurance, the unsatisfactory insurance may be canceled at :he discretion of the contractor. 1 �1 11 11 11 �1 �1 I1 11 I1 I 1 1 I1 11 �1 1 11 11 11 :* INFORMATION FOR BIDDERS The contractor shat have his resident insurance agent submit to the Owner, through Engineer, a schedule cf insurance policies proposed to be furnished, which shall be approved before certificates c'_ insurance and/or pc=ices are issued. Once the Cwrer has concurred :r. the proposal of insurance coverage, the contractor shall then furnish to the Engineer, in the name of :he Owner, ce-`"-^ares cf insurance for the following: a. Workmen's Compensation: Workmen's Compensation., as re _sired the laws of the state in which the work is being done, furnished. In case any hazardous occupations are required for the execu:.ion of the work which are not covered by the above insurance, special employer's liability policies shall be obtained tc ccver workman engaged in such hazardous occupations. 1-' shall be b. Contractor's Public :,lability Insurance and Property Zanage Insurance: This insurance shall provide rodily injury cf S1,000,00C for each person and S2,C00,00C for eacn accident, and property damage of $1,000,000 for each accident. This insurance shall be endorsed to ccver explosion, collapse and underground hazards, and blasting. c. mosor Vehicle Pub: Liability and Property Damage_ Insurance: This policy shall provide bodily injury of $1,03O,C00 for each person. and $2,00C,".05 for each accident; and property damage of $10000.000 for each accident. d. Owner's and Engineer's Contingent Protective Liability Insurance: The contractor shall indemnify and save harmless the Owner and Engineer from and against all losses and claizs, demands, payments, suits actions, recoveries, and 'udgients cf every na:.ure and descr'- `' on brought or recovered against them by reason of the work, in the guarding it, and cons`- staki::a. The contractor shay'_ obtain in the name cf the Owner and Engineer (either as cc -insured or by erdcrsemo nt] , and sall maintain and gay the premiums for such insurance _ _ an amount not less than $:, 00O3 0OC property damage and S_,OCC,000 bodily injury limits, and with such provisions as will protect the Owner and Engineer from contingent liability under this contract. No clause shall be construed _n any form or manner to waive the Ttrt Immunity as set fort: _.:der Arkansas State Law Bu' -de -'s R'sk Insurance: [X] Optional The contractor shall procure and maintain, the cc. -rag-, --"-'e 0 _risk insurance [ ] Required during the life cf 'fire, lightning, extended coverage, vandalism, and malicious mischief; on the insurable portion of the project on a :00% completed value basis against da -,age to the equipment, structure, or material. The contractor, his subcontractors, and tne Owner shall (as their car appear be named as the _n ... ... REQUIRE -2 ..Oh'.R,.._ R PR=CR TC "NOTICE PROCEED". g• INFORMATION FOR BIDDERS All -Risk Floater Insurance: :x: Optional [ ] Required Until the project is completed and is accepted by the Owner, the contractor is required to maintain an all-risk installation flcatar policy. The ccntractor shall submit to the Owner written evidence of insurance upon the entire work at the site to the full insurable value •)-e -ecf, including the interests c`_ the Cwner, the contractor, the sub -contractors, and any ethers with an insurable interest. The policy shall insure against all risk cf physical damage except as modified by the contract documents and subject to the normal all-risk exclusions. The policy, by its own terms or by endorsement. shall specifically permit partial or peneficial occupancy prior tc the completion or acceptance of the entire worst. Other Insurance: The contractor is to protect the Cwner against all less during the course of the contract. If, due to the nature of the project. insurance coverage ether than that specified above is needed by the contractor to protect the Owner against a.1 losses, the contractor is responsible for determining the type of insurance needed and purchasing same. 18 Performance Bend and Payment Bond: The contractor shall `_tarnsh both a surety performance bend and a payment bond, each equal tc one hundred percent [100°%) cf the contract price. The performance bond and payment bond shall be two totally separate bonds and shall bear two different bond numbers. The contractor is to pay all expenses in connection with the obtaining cf said bonds. The bonds shall be conditioned that the contractor shall faithfully perform the contract, and shall pay all indebtedness fcr labor and materials furnished cr perfo_med i:: the construction and installation of such alterations and additions as prescribed .n this contract. In Arkansas, prevailing law requires that performance and payment bonds cn public works contracts shall be exer-ted by a resident local agent who is licensed by the Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power of attorney as ,.: s authority. :he mere countersigning cf the bends will nct be sufficient. The date cf the bonds, and of the power of attcrne;, r.;.ast not ha prior to the date of the contract. At least six copies of the bcnjs shall be furnished, each with power of attorney attached. 1 1 1 1 1 1 �1 1 1 I1 I1 I1 11 11 11 !1 11 I1 11 INFORMATION FOR BIDDERS 19. Method of Award - Lowest Qualified Bidder: If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then established by the Owner as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner may resect all bids or may award the contract on the base bid-omp-••e'' w"-- such deductible alternates applied in numerical order in which they are listed in the Form of Bid, as produces a net amoun, which is witn:n the available funds. In the event there is two different items for a specific Bid Item, the Contractor :s to choose only one item. to extend as their Base Bid. The Contractor can complete the item not extended, but this will not effect the basis in selecting the lowest qualified bidder. 20. Obligation of Bidder: At the time of the opening cf bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form„ instrument or document, shad in no way relieve any bidder from any obligation in respect to his bid. Safety Standards and Accident Prevention: With respect to all work performed under Ci -s 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 Genera Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 9,-596). b. Exercise every precaution at al: tines for the prevention of accidents and the protection of persons (including employees; and property. Maintain at his office or other well-known place at the job site, all articles necessary for giving first-aid to the ::lured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees; who may be injured on the job site. In nc case shall employees be perp ,...ed to wc•rk at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care. 22. aTORM WATER PERM:T: General Contractor shall submi` a written "NOT:CE-OF INTENT" to the director of Arkansas Department o_` Pollution Control and Ecology, requesting authorization to discharge Storm Waters from the develcp-•ent site into Receiving Waters int e State cf Arkansas. Contractor shall be responsible for compliance with the prov:sions set forth in the Arkansas Water and Air Control Act (Act 472 of 1949, as amended, Arkansas Code Ann. 8-4-10: et sea.), and Clean Water Act (33 U.S.C. 1251 et. sec.). A copy of said ":OTICE-OF-INTENT" and the Department cf Pollution Control and Ecclog: s Permit shall ce _crovided t:. the Owner prior to the "NCTICE-TC-PROCEED'. INFORMATION FOR BIDDERS 23. MAINTENANCE 3OND REQUIREMENTS: Prior to Final Pavement a Maintenance Bond shall be provided by the Contractor, in accordance to the requirements of the Governing Agency to which the profect is a part, which are itemized, as _follows: a. City cf Fayetteville: one (1) year in the amount of fifty percent (50%; of construction costs. b. City ct Springdale: one (1) year in the amount of fifty percent (50%; of construction costs. c. Washington C.=ty: one (1) year in the amount of fifty percent ;50%) of construction costs. All other bcnds shall be cne (1) year in the amount of f:_`ty percent (50%, of constructioIn Costs. 24. CHANGED CR EXTRA WORK: The OWNER., through a Charge Order prepared by the Engineer, reserves the right at any time during the progress of the wcrk to Hake necessary alterations of, deviations from, additions to, or deletions from the Contract, or may require the Performance of Extra Worknot covered by the Contract Documents, but forming a part cf the Work contracted for; provided however, the Contractor shall not proceed with any such Changed or Extra Wcrk without a Change Order. The nature and extent of the Proposed Changed or Extra Work shall be defined in wri`_na with a Change Proposal Request (CPR) by the Engineer and sunnitted with a written request to the Contractor to indicate any change in Construction Contract Cost or Time for the proposed Changed cr Extra Work. The contractor shall return the CPR to the Engineer with a detailed cost breakdown. The Engineer may they_ ssbm_t the CPR the Cwner with a recommendation regarding acceptance. :f the Cwne_ accepts the CPP, the Ergineei Contractor and prepare a written Change Order. r. the RIGHT OF OWNER TO TERMINATE CONTRACT: Should it appear at any time that the work is not being prosecuted with sufficient competence cr rapidity tc insure proper completion of the work within the stipulated time, and. if after 10 consecutive calendar days following written noti_ to ..re Contractor and the Surety, he fails to increase the quality cr the quantity cf his work, or both, the Owner reserves the right to annul and canoe: the Contract and relet the work or any part thereof, or at the Owner's option to complete it by day labor. The Contractor shall not be entitled tc any claims for damages on account of such annulment, and he will be held liable for costs and expenses Incurred in reletting or otherwise completing the work under the contract. All money due the Contractor will be retained until the work is comIT'e"ed and all expenses and costs have been deducted and any money due the Cwner, after such deductions have been made, shall be paid by the Contractor or his Surety who hereby agrees to _._;...e pl. v_s_..ns. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BID BOND KNOW ALL NEN BY THESE PRESENTS, that we, the undersited, as Principal, and as Surety, are hereby held and firmly bound unto the C:TY OF FAYETTEVILLE, as OWNER, in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. Sighed this day of , 159 . The condition of the above cblication is such that whereas the Principal has submitted tc the CITY OF FAYETTEVILLE a certain. Bid, attached hereto and hereby made a part herecf to enter into a contract in writing, for CONSTRUCTION OF: STUBBLEFIELD ROAD IMPROVEMENTS, PEASE II BID No. 95-_8 NOW THEREFORE, PC Tf said Bid shall be rejected, cr in the alternate, 3; if said Bid shay_ be accepted and the Principal shall execute and deliver a contract in the Fo_m of Contract attached hereto :properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said c^ -tract, and for the payment cf all persons performing labor cr furnishing materials in connection therewith. and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the sane shall retrain in tcrce and effect; it being expressly understocd and agreed that the liability cf the Surety for any and all claims hereunder shall, :n no event, exceed the penal amount cf this cblication_ as herein stated. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BID BOND The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such cf them as are corporations have caused their corporate seals to be heretc affixed and these presents tc be signed by their proper officers, the date and year first set fcrth above. (Principal) (Surety; SEAL BY: 2 .52 BID FOR UNI'. PRICE CONTRACTS Place: CITY OF FAYETT'EV:LLE, RN.#306 Date: ,1995 Pr^ ct No.: _ 447 Proposal of (hereinafter called Bidder)* a corporation, crga-ized and existing under the laws of the State of ,* a partnership, or an individual doing business as Tc the CITY OF FAYETTEVILLE, (hereinafter called OWNER) Gentlemen: The Bidder, in compliance with your invitation for bids fcr the construction of S-usaLEFIEL_^, ROAD IMPROVEMENTS, PHASE I', BID NO. 95-=8, having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the ct-d,tion.s surrounding the construction cf the proposed project including the availability of :materials and labor, hereby proposes to f..rrish all labor, materials, and supplies, and to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated herein. _hese prices are to cover all expenses incurred it pe_t„_ml g _=ie work re .H rod "der the contract documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on before a date to be specified in a written NOTICE TC PROCEED of t he Owner and to fully complete the project within 'S" consecutive calendar days thereafter as stipulated in the specifications. B idder further agrees zc pay as liquidated damages, the sur of S250.03 for each consecutive calendar day thereafter. Bidder acknowledges receipt the following addendL.m . Bidder agrees to perform specifications and shown cn the • .es. the work, described the plans, for the following unit * Insert corporation, partnership, or individual as applicable.