HomeMy WebLinkAbout33-98 RESOLUTION•
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RESOLUTION NO 33-98
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT
IN THE AMOUNT OF $195,509.16, PLUS A CONTINGENCY
AMOUNT OF $30,000, TO MOBLEY CONSTRUCTION FOR
THE ARLINGTON TERRACE RECONSTRUCTION PROJECT;
AND APPROVAL OF A BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS*
Section 1. That the City Council hereby awards a construction contract in the amount
of $195,509.16, plus a contingency amount of $30,000, to Mobley Construction for the Arlington
Terrace Reconstruction Project, and authorizes the Mayor and City Clerk to execute said contract
A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof.
Section 9 The City Council hereby approves a budget adjustment in the amount of
$226,00 increasing Street Improvements, Acct. No. 4470 9470 5809 00 Project 98072 decreasing
Bridge & Drainage Improvements, Acct. No. 4470 9470 5817 00, Project 97042.
r1' 4, cifigSED 7 s D APPROVED this 1day of March , 1998.
•
"c"--..)
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FAPPROVE D-
?F'�,r, ��e��-
I
• • 1 j.
6 N
1.
ATTEST:
By: Y'IGG az,
Heather Woodruff, City
By:
Fred Hanna, Mayor
City of Fayetteville, Arkansai
Budget. Adjastrfhent Form
Budget Year
:L998
Department: Sales Tax Capital Improvement Fund
Division:
Program:
Date Requested
02/19/98
Adjustment #
Project or Item Requested:
Funding is requested for Arlington Terrace Street Reconstruction
project.
•
Project or Item Deleted:
• Funding proposed for this adju tment is from the Vista -Holly
Drainage Improvement project.
•
•
•
•
•
Justification of this Increase:
Arlington Terrace Street Reconstruction Project was originally
budgeted with Trust Street. Trust Street was bid and
constructed in 1997, however, all funding for the combined
project was utilized on Trust Street.
Justification of this Decrease: 3 olt.t
The Vista -Holly Drainage project will be reviewed for priority
ranking during 1999-2003 Capital Improvement Program process.
Increase Expen e (Decrease Revenue)
Amount ". t =q' Acco
u
ntNumber
',ri
Street Improvements
Account Name
Decrease Expense (Increase Revenue)
Amount .. Account Number
Bridge & Drainage Improvement 226,000
•
4470 9470
5817 00
Project Number
97042
Budget Office Use Only
rdinator
Date
Department Director
n
Admin. Se ices Director
Mayor
Date
Date
Date
,Type: .A. %13
c 7 ri:
Date of Approval
E.
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Blue Copy: Budget & Research / Yellow Copy: Requester
CERTIFICATE OF NSURANCE
DATF. (MMAIHIYY)
02/27/98
PRODUCER 501-376-Q716
The Cashion Company, Inc.
P.O. Box 550
Little Rock, AR 72203
THIS CER'I'IF'ICA'E IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIM'S UPON TIIE CEWI'I FI CATE IIOIMER. TIIIS CERTIFICATE
DOES NOT AMEN ), EXTEND OR ALTER TIIE COVERAGE AFFORDED BY TIIE
POLIC 1•S BELO%'.
COMPANIES AFFORDING COVERAGE
COMPANY
A United Capitol (Crump)
INSURED
Mobley Contractors, Inc.
P.O. Box 150
Morrilton AR 72110
COMPANY
B General Accident
COMPANY
C Hartford (Crump)
COMPANY
D GRE Insurance Group
COVERAGES
THIS IS TO CERTIFY TIIAT TIIE POLICIES OF INSURANCE LASTED BELOW IIAVE B .EN ISSUED TO TIIE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANYREQUIREMENT. TERM OR CONDITION OF ANY coNrRACr OR OTHER DOCUMENT WITH RES ECT TO WIIICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TIIE INSURANCE AFFORDED BY TIIE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TIIE TERMS,
EXCLUSIONS AND CONDITIONS OF SIJCII POLICIES. LIMITS SIIOWN MAY HAVE B .EN REDUCED BY PAID CLAIMS.
CO
TYPE 01' INSURANCE
POLICY NUMBER
POLICY ELY.
DATE IMMB)DIYV)
1'OLICI'NXP.
DATE (11M/DDIYY)
LIMITS
LTR
A
GENERAL LIABILITY
GLA1001817
4/23/97
4/23/98
GENERAL AGGREGATE
2000000
PROD-COMP/OPACC.
1000000
x
COMM. GENERAL LIABI I,IT\
PERS. & ADV. INJURY
1000000
CLAIMS MADE
X
OCCUR
EACII OCCURRENCE
1000000
OWNER'S & CONI "ACT S I ROT
FIRE DAMACE(One We)
MD) EXP(My one person)
5000
B
AUTOMOBILE
LIABILITY
8A017770902
4/23/97
4/23/98
COMBINED SINGLE
L1M°
1000000
X
AM'At"
BODILY INJURY
(Per pmron)
ALL OWNED AUroS
X
SCHEDULED AUTOS
BODILY INJURY
(Per nocIdenl
X
HIRED AUTOS
X
NON -OWNED AUTOS
PROPERTY DAMAGE
GAVAGE
LIABILITY
AUTO OST V-F.A ACCIDENT
OTIIERTIIAN AUTO ONLY:
ANY AUTO
EACII ACCIDENT
-----ILII
AGGREGATE
C
EXCESS LIABILITY
20HUSL5086
4/23/97
4/23/98
EACH OCCURRENCE
4000000
AGGREGATE
4000000
X
UMBRELLA FORM
OTHER TItAN UMBRELLA FORM
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
WC015237302
4/23/97
4/23/98
STATUTORY LIMITS
'"'---- ----
EACII ACCIDENT
500000
DISEASE -POLICY LIMIT
500000
THE PROPRIETOR/
PARTNERS/EXECUTIVE
INC!,
OFFICERS ARE:
EXCI,
DISEASE-EACII EMIL.
500000
D
°'"""
Installation Floater
Binder
2-27-98
4-23-98
Special W/Theft Subject
to Normal Exclusions.
$500,000. Each Jobsite
$500. Deductible
DESCRIPTION OF OI'ERATI ONSB,OCAI'I ONSNEIII CLEsrS PIM I A I. ITEMS
THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS TO
GENERAL LIABILITY AND A WAIVER IS APPLICABLE TO WORK COMP, IN REGARDS
TO THE ARLINGTON TERRACE RECONSTRUCTION JOB. IN FAYETTEVILLE, AR.
CERTIFICATE HOLDER CANCELLATION'
CITY OF FAYETTEVILLE
CITY ENGINEERING DIVISION
CITY HALL, 113 W. MOUNTAIN ST.
FAYETTEVILLE, AR 72701
SHOULD ANY OF TIIE ABOVE DESCRIBED POI,ICIES RE CANCELLED BEFORE THE
EXPIRATION DATF. THEREOF, THE ISSUING COMPANY unmonmet
MAI I. 30 DAYS WRIYI'KN NOTICE TO TIIE CERTIFICATE HOLDER NAMED TO TIM
I,E:FI',.o'rs•lo;•+on u.l e'E•Fuo's; .l•:SN Sg.c,w.v.lcu Fenu'a•o,:-
'o -t le::ove'o.�o':uot•'rir:o•o•ra Fuen o'o-'rrl•V•ra•r3.e462'
AUr11 t '17.F • "'PRESENTATIVE
/
i
de
ACORI> 254 (3193)
2- 28
? •
r
Res, 3d-98..
FORM OF ARKANSAS PERFORMANCE AND PAYMENT BOND
(14-604 Arkansas Statutes)
KNOW ALL MEN BY THESE PRESENTS: That we Upbe Ctxitxac s a(n)
c orpnra r; nn herein called °Principal" and Unnea balm - hereinafter
Fernsylvania
called the "Surety," are held and firmly bound unto e ity o
Fayetteville, Arkansas, hereinafter called "Owner" in the sum of
One Hundred Ninety Five Thousand
Five Hundred Nine and 16/100
$
dollars (V.95,509.16 )
in lawful money of the United Stated, for the pavment of which sum well and truly made,
said pnncipals and Surety bind themselves, their heirs, administrators, executors,
successors and assigns, jointly and severally, by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into
a certain contract with the Owner for the construction of Arli Ttrn Teri rp Peen -1st -11 rtion
NOW, Tl-I)FORE if the Principal will well, truly and faithfully perform its duties all the
undertakings, covenants, terms, conditions, and agreements of said contract during the
original term thereof, and any extensions thereof which may be granted by the Owner,
with or without notice to the Surety, and if he shall satisfy all claims and demands
incurred under such contract, and shall fully indemnify and save harmless the Owner
from all costs and damages which it may suffer by reason of failure to do so, and shall
reimburse and repay the Owner all outlay and expense which the Owner may incur in
making good any default, and shall promptly make payment to all persons, firms,
subcontractors and corporations furnishing mcrtenal for or performing labor in the
prosecution of the work provided for in such Contract and any extension or modification
thereof, all amounts due for, but not limited to materials, lubricants, oil, gasoline, repair
on machinery, equipment and tools consumed or used in connection with the work, fuel
oil, insurance, rentals on machinery; also for taxes or payments due to the State of
Arkansas or any political subdivision thereof which shall have arisen on account of, or
in connection with, the wages earned by workmen covered by the bond, and for all labor
performed in such work whether by subcontractor or otherwise, then this obligation shall
be void, otherwise to remain in full force and effect.
The Surety agrees that the terms of this bond shall cover the payment by the principal of
not less than the prevailing hourly rate of wages as determined by the Arkansas
Department of Labor or U.S. Secretary of Labor, whichever is greater, to all workmen
performing work under the contract.
PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or addition to the terms of the
contract or to the work to be performed thereunder of the specifications accompanying
the same, shall in any wise affect it's obligations on this bond, and it does hereby waive
notice of any such change, extension of time, or alteration or addition to the terms of the
contract as to the work or to the specifications.
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PROVIDED FURTHER that no final settlement between the Owner and the contractor
shall abridge the nght of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six counterparts, each of which
shall be deemed on original, this _ day of 19 .
AI 'EST:
Mobley Contractors, Inc.
(PRINCIPAL)
SECRETARY (PRINCIPAL) (TITLE)
(SEAL)
P. 0. Box 150
Morrilton, AR 72110
WITNESS AS TO PRINCIPAL (ADDRESS)
AI 1EST:
United Pacific Insurance Company
(SURETY)
6.0c3
WITNE'i AS TO
ATTORNEY IN FACT
(ADDRESS)
greeny
JA, ee
-\ rr; % G -.ri.
4111. r‘or'777•
_ "' .^
^=�1
;hireIC 4r
William H. Griffin
(ATTORNEY IN FACT)
P. 0. Box 550
Little Rock, AR 72203
Date of Bond must not be prior to Contract Date and must include:
1. Correct name of Contractor
2. Whether Corporation, Partnership, or Individual
3. Correct name of Surety and correct name of Owner
5. Execution of bond by all Partners, if Partnership
6. Execution by Arkansas Local Resident Agency for Surety
BOND MUST BE FILED WITH THE CIRCUIT COURT OF WASHINGTON COUNTY
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M31A 01 31ONV NV led OlOH - )111VWU31VM 'VIJIJIl/V NV SNIV11103 1N3Wl000 SIHl dO NOVB 3H1
RELIANCE SURETY COMPANY
UNITED PACIFIC INSURANCE COMPANY
•
RELIANCE INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY f
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that REUANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
aware, end that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporation duly organized under the laws
of the Commonwealth of Pennsylvania end that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin therein collectively called -the Companies") and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint Knight Cashion. Benson A. Cashion, Matthew Knight Cashion, Jt., Judy Schoggsn, William H. GHHM, William R. Plaggo,
Cynthia L. Wadley., of Little Rock, Arkansas their true and lawful Attorneyfs)-in-Fact, to maks, execute, seal and deliver for and on their behalf,
and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully end to the same extent es
if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and
sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance
hereof.
This Power of Attorney is granted under and by the authority of Article VII of the Sy -Laws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and effect, reading as follows:
ARTICLE bbl • EXECUTION OF tONOS AND UNOERTAKINOS
1. The toed of Director., the Preede nit, the Channel of the Board. my Sala Vico President, are We President a Aae No Preidee or other officer dmgnaed by ter cord of
Oberon shad haee pewee rd rahenhy 10 (a) open Anemevlelinfect at to adheres them to .acute . bairn of the Company, bonds and utlrts/irp, receauame,, convects of rummy
and other whop obligatory in the nate thereof. and (bite remove arty such Atte reylhbKect at any Uma and revoke the power and aahairy even to them.
1. Ananybl-inEea NW have pewee and authority. sera to the tame ed !theatre el are Power of Attorney heed to them. to .ease deliver on bathed el the Company, bonds
amid vdatairps. recograne.. contracts of bdenrxty and aha writings *acetone in the news Mares. The coronets raw not ncerry for the vsidity of any bone ad urdrtakup,
recogrzames, co mecca of indemnity' and pale *entree ebdueoy in the nava thereof.
3. Attonn ysHn nett shell her pane and authority to .acute affidavits rodeo! to be enacted te bards. recognizance,. contracts a indemnity oe other candidate a obligatory
vdanadnse ani they snail dee have power and a treity to certify the financial eater. a of the Compare and to cope, ef the aylave at the Company or ley aocie is section thereof.
This Pewee of Attorney inbred and sealed by facsimile under ed by seaway of the followed resolution adopted by the Executive and Finance Committees of the Boatde of Director of Wheats
Insurance Compere, United Pacific Inatome Company and Reliance National hdaedy Conva y by Unarmed Career dated a a February 19. 1994 and by the Erasion and Financial
Committee of the Board of Director of Reliance Surety Compare by Unfmod Caw.. dated . of Mach 31, 1004.
"Resolved the the signature, of such *octan and officers and the seal of the Compere may be sffxed to any such Power on Attorney or eery certificate, related thereto by
Iaeamile.sd any such Pews a Attorney a certificate berld such facsimile senate, or femme, sea Mull be valid aril bindid Won In Company ad are such Power se
executed and Mined by herr signature, and facsimile sea stud bo valid ed binding Wal the Company, in tie Mus with respect to eery bond ce undertaking to Larch it is
attached.'
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this February 1,
1998.
STATE OF Pennsylvania
COUNTY OF Philadelphia se.
On this, February 1, 1998, before me, Valencia Worthen, personally appeared David T. Akers, who acknowledged himself to be the Senior Vice
President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and
Reliance National Indemnity Company and that es such, being authorized to do so, executed the foregoing instrument for the purpose therein
contained by signing the name of the corporation by himself as its duly authorized officer.
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
Cidat-
In witness whereof, 1 hereunto set my hand and official seal.
Notarial Seal Public
Valencia Wortham, Notary ty
My Commlisnia,sionPExpiresPNov. B 2000
Notary Public in and for the State of Pennsylvania
Residing at Philadelphia
1, Anita Zippsrt, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and
RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above end foregoing is a true and correct copy of the Power of Attorney
executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this _ day of
m ash
os rCuts
SGL i
fernt,
°FloWA/
Secretary
19
eta
1:13dVd 311HM NO ON1108ONOVB 03H0100 V SVH 1N3LNf1300 81141. 30 33V3 9111
ZWYo25 5/6P/i-rugs STAFF REVIEW
X `AGENDA REQUEST, City Council meeting of March 17, 1998
4'eS• 33- 98
Ghny omit /
/rood /e/
ICROFILMED 6-S'9i
FROM: Don Bunn
Name
Engineering
Division
Public Works
Department
ACTION REWIRED: The Mayor's signature on Change Order No. 1 for $24,246.60
in connection with the Arlington Terrace Reconstruction.
COST TO CITY:
$ 24,246.60
Cost -This Request
4470 9470 5809 00
Account Number
98072
Project Number
$ 226,000.00
Category/Project Budget
IRS,1lot 00
Funds Used To Date
? c %3S. 06
$ J0. -0-00.0o
Funds Remaining
Street Construction
Category/Project Name
Program Name
Sales Tax
Fund Category
B
G
T,CONTRACT REVIEW:
udget Coordinator
4
v
Purchasing Officer
X /Budgeted Item
7/98
ate
Date
Date
CMQ
62-3
Date
Budget Adj. Attached
Administrative Services Director
Internal Au
Date
4
Date
6'-1/ 4
itor Cn2. Date
STAFF RECOMMENDATION: It is the recommendation of the Staff that the Mayor
execute Change Order No. 1 in the amount of $24,246.60.
Admii42is D441 ctor
Ma or
2/18/98
Date
Date
)a e
44/9
Date
Y
Cross Reference
New Item: Yes
Prev Ord/Res #: ✓ -d
Orig Contract Date: 3 /l v/�f)
•
ARLINGTON TERRACE RECONSTRUCTION
CHANGE ORDER NO. 1
Description of Change Order No. 1
This change involves the re -working of the intersection at the north
intersection of Arlington Terrace and Kings Drive and the installation of a french
drain in the same intersection. The work is detailed on a plan sheet entitled
"Change Order No. 1".
Cost of Change Order No. 1
Existing Unit Prices Items:
1. Curb and Gutter L.F. 170 @ 9.66
2. Concrete Paving S.Y. 270 @ 33.40
4. Gravel (Hillside) T.Y. 220 @ 19.27
Subtotal
New Prices:
1. Four (4) Inch PVC L.F.
2. Washed Gravel C Y.
3. Disposal of Waste L S
4. Landscape Res. L S
Subtotal
75 @ 19.00
7 @ 18.00
Total Price, Change Order No. 1
Original Contract Price
Change Order No. 1
Revised Contract Price
$195,509.16
24, 246.60
$219,755.76
Approvals City of Fayetteville
Mobley Const.
Mayor Fred Hanna
N Ronald n U V/Y
$ 1,642.20
9,018.00
4.239.40
$14,889.60
$ 1,425.00
126.00
4,125.00
3, 681.00
$ 9,357.00
$24,246.60
9
ate
Date
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Mcryor Fred Hanna
From: Don Bunn, City Engineer
Thru: Kevin Crosson, Public Works Director
Charles Venable, Asst PW Director
Subject: Change Order No. 1
Arlington Terrace Reconstruction
Date: June 2, 1998
Attached for your review and approval is Change Order No. 1 in connection
with the Arlington Terrace Reconstruction project. The change being requested
involves the improvement of the north intersection of Arlington and Kings Drive.
Subsurface water at that location and the generally poor condition of the Kings
Drive have combined with the contractor's equipment usage at that point has
caused a failure of most of the intersection. Also, we are installing a french
drain in an attempt to protect the intersection in the future.
The estimated cost of the work is $24,246.00, making the total contract price
$219,755.76. A total of $225,509.16 was approved by the Council for the project.
•
RESOLUTION NO 33-98
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT
IN THE AMOUNT OF $195,509.16, PLUS A CONTINGENCY
AMOUNT OF $30,000, TO MOBLEY CONSTRUCTION FOR
THE ARLINGTON TERRACE RECONSTRUCTION PROJECT;
AND APPROVAL OF A BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 That the City Council hereby awards a construction contract in the amount
of $195,509.16, plus a contingency amount of $30,000, to Mobley Construction for the Arlington
Terrace Reconstruction Project; and authorizes the Mayor and City Clerk to execute said contract.
A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof.
Section 7 The City Council hereby approves a budget adjustment in the amount of
$226,00 increasing Street Improvements, Acct. No. 4470 9470 5809 00, Project 98072 decreasing
Bridge & Drainage Improvements, Acct. No. 4470 9470 5817 00, Project 97042.
PASSED AND APPROVED this 17`" day of March 1998.
ATTEST:
By.
•
/24%
Heather Woodruff, City rk
APPROVED: •
•
By •: j/— %
Fred Hanna, Mayor
•
•
•
•
EXHIBIT. A
DETAILED SPECIFICATIONS
AND CONTRACT DOCUMENTS
MICROFILMED
ARLINGTON TERRACE RECONSTRUCTION
BID NO. 98-4
January 1998
CITY ENGINEERING DIVISION
CITY OF FAYETTEVILLE
CITY HALL, 113 WEST MOUNTAIN STREET
FAYETTEVILLE, ARKANSAS
•
UNITED PACIFIC INSURANCE COMPANY
_ r
HOME OFFICE, PHILADELPHIA, PENNSYLVANIA
BID BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
MOBLEY CONTRACTORS, INC.
as Principal, hereinafter called the Principal, and the UNITED PACIFIC
INSURANCE COMPANY of Philadelphia, Pennsylvania, a corporation duly
organized under the laws of the State of Pennsylvania, as Surety,
hereinafter called the Surety, are held and firmly bound unto
CITY OF FAYETTEVILLE, ARKANSAS
as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT
OF THE TOTAL AMOUNT BID (5% of Bid), for the payment of which sum well
and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors, and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for:
ARLINGTON TERRACE RECONSTRUCTION
FAYETTEVILLE, ARKANSAS
NOW THEREFORE, if the Obligee shall accept the bid of the Principal
and the Principal shall enter into a Contract with the Obligee in
accordance with the terms of such bid, and give such bond or bonds as
may be specified in the bidding or Contract Documents with good and
sufficient surety for the faithful performance of such Contract and
for the prompt payment of labor and material furnished in the
prosecution thereof, or in the event of the failure of the Principal
to enter such Contract and give such bond or bonds, if the Principal
shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount
for which the Obligee may in good faith contract with another party to
perform the Work covered by said bid, then this obligation shall be.'
null and void,otherwise to remain in full force and effect" t "- r.6">>
Signed and sealed FEBRUARY 10, 1998 `, 4? - '�
4 E c � ^s_
c'
MOBLEY CS1N'$RACTORS, INC.
y:/� . 4 MA
less
UNITED PACIFIC INSURA
By: /(Yd7,7[X
WILLIAM H. GRIFFIN
Attorney-in-fact
COMPANY :A'
O.
M3IA 01 31ONV NV 1V 01014 - )IUVW831VM 1VI31dIIHV NV SNIVINO3 1N341f1300 SIHI dO N3V8 3HI
RELIANCE SURETY COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin (herein collectively celled *the Companies') and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint Knight Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr.. Judy Schoggen, William H. Griffin, William R. Plegge,
Cynthia L. Wadley., of Little Rock, Arkansas their true end lawful Attorney(sl-in•Fect, to make, execute, seal and deliver for and on their behalf,
and as their act end deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as
if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and
sealed and attested by one other of such officers, and hereby ratifies and confines all that their said Attorney(s)-in-Fact may do in pursuance
hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in hill force and effect, reading as follows:
ARTICLE NI • EXECUTION OF BONOS 1,4140 UNOERTAXINOS
1. The gag of Diatom. the President the Channon el the Sora, any Serve hip PnwdoM, env Nes Pea -are et Arima a Vin Prelude* w otter eMlcr dseicmed by the Seed of
Diree:en V S h..n oewr end tshety to la; appoint Atenryts` a.F t and to ev wiz• Mom to execute en behalf or the Camyay, baits arnd vWnnWryd. recogwia tee. connects of indemnity
and other VI/MM. obgnery in the nouns thereof. and Ibl to remove any such AttenrybHmFeet et New tome N evoke deo power mg snthety per to them.
2. Attorney.I-inFect shall have pews rhe euthonty, subject to the terms and Iimitlone of the Power of Attorney Surd to them, to execute deliver an behalf af the Camp n , bonds
end undertakings, recognizance., contracts of indemnity ad other vintage *gigaton in the body* tfreef. The capers Md is not heceesry fa the vea}ty et any bonds and undertaking*,
reogiyiaheae, contacts a indemnity ity and ether writing* oblgray in the neve thereof.
3. AttorpeyleNnFct shell have power and authority 10 execute affidavits r.gw.d to be method to band*, rnogrdianeM, contracts of indemnity et other conditional et obligatory
undertakings rub they sole is. have pear end authority to certify the financial reement of the Gewgaw ere te copes of the Illy -Len of the Company to ow rues or section torso.
Tlie Pews s Attorney is waned and *seed by Iaoknn under ed by authority of IM foarw,rr resolution Waxed by the Executive and Henna. Commmen of the aero of Directors s Rskao.
Inflame. Cantoem, Urged Pudic (rrxa cal Compare/ and Reliance National Indemnity Cemprly by Unwmad Consent del ea of February 211, 1904 end by We Executive red Financial
Committee of the Saud al 0*Men Of Reliance Surety Camper by Unanimous Crest del as of Mrt 31, 1994.
'Resolved that the sienna. s such dinette*, and officers and the nal Of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by
faaimM,rnd ay such Fewer of Attorney or certificate bong such fame .ywvee et lecsmile ass she be valid end binding upon Mei Canpahy and rry such Power se
executed and artfied by facsimile Spnsuw and lace rnlle net Nal be valid and binding open the Company. n to fuse with respect to MY IUM undertaking to wlvch n le
attached.'
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this February 1,
1998.
STATE OF Pennsylvania
COUNTY OF Philadelphia
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
On this, February 1, 1998, before me, Valencia Wortham, personally appeared David T. Akan, who acknowledged himself to be the Senior Vice
President of the Reliance Surety C.ompeny, and the Vice Freskient u( Reliance insurance Company, United Pacific Insurance -Company, end
Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein
contained by signing the name of the corporation by himself es its duly authorized officer.
In witness whereof, I hereunto set my hand and official seal.
Notarial SeatpPuWio
Valencia Wonham, Notaryty
MyCommisnsionPExpi es Now. 8 20W
Notary Public in and for the State of Pennsylvania
Residing at Philadelphia
1, Anita Zappert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and
RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney
executed by said Companies, which is still in hill force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand anu affixed the seals of said Companies this 1 Otaey of
February 19 98
Secretary
83dVd 31114M NO ONfOHO)13V8 0380103 V SVH 1N3Wf1000 SIH1 d0 30Vd 3111
ADDENDUM NO. 1
Bid Opening Time cmd Date Revision
The time and date set for opening Bids is hereby changed
1 FROM: 2:00 P.M. on February 3, 1998
1 TO: 2:00 P.M. on February 10, 1998
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City of Fayetteville Engineering Division
Monday, January 26, 1998
DETAILED SPECIFICATIONS
AND CONTRACT DOCUMENTS
ARLINGTON IU -(RACE RECONSTRUCTION
BID NO. 98- 4
January 1998
OPENING: FEBRUARY 3, 2:00 PM, ROOM 326
CITY HALL, 113 WEST MOUNTAIN STREET
FAYEITEVIII F, ARKANSAS
Table of Contents
1. Advertisement for Bids 3
2. Instructions to Bidders 4
3. Statement of Bidder's Qualifications 13
4. Bid Proposal 15
5. Contract 17
6. Form of Arkansas Performance and Payment Bond 19
8. Standard General Conditions of the Contract 22
9. Supplement to the General Conditions 23
10. Detailed Specifications 26
10 (a) Part I, Contract Stipulations 27
10 (b) Part II, Material Specifications 34
10 (c) Part III, Construction Specifications 35
10 (d) Part N, Minimum Street Standards 38
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ADVERTISEMENT FOR BIDS
Arlington Terrace Reconstruction, Bid No. 98-4
City of Fayetteville, Arkansas
Sealed bids for the construction of improvements to Arlington Terrace will be
received by the City of Fayetteville, Arkansas in Room 326, City Administration Building,
113 West Mountain Street, Fayetteville, Arkansas 72701, until 2:00 p.m. local time on
Tuesday, February 3, 1998 and then at said office publicly opened and read aloud.
The proposed work generally consists of the reconstruction of the existing
Arlington Terrace in place.
The Contract Documents, including detailed plans and specifications for the work may
be examined and obtained at the City of Fayetteville Engineering Office, Room 004, City
Administration Building, 113 West Mountain Street, Fayetteville, Arkansas.
Each bid must be accompanied by a cashier's check or surety bond in an amount of five
(5) percent of the whole bid. Said bond shall be issued by a resident local agent who is
licensed by the Arkansas State Insurance Commissioner to represent the surety
company executing scud bonds, and filing with such bonds his power of attorney. The
mere countersigning of the bonds by a resident agent shall not be sufficient. In the event
the successful bidder fails, neglects, or refuses to enter into the contract for the
construction of said work and furnish the necessary bonds in accordance with the
Contract, the owner will retain scud check or bond as liquidated damages.
All bids shall be sealed and the envelope addressed to the City of Fayetteville,
Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville, Arkansas 72701,
and clearly marked on the bid envelope shall be the following mformation: The Bid
Number, the project title, the date of the bid opening, the time of the bid opening, and the
bidding contractors' name and license number.
All bidders shall be licensed under the terms of Act 150 of the 1995 Acts of the Arkansas
Legislature. No bidder may withdraw his bid within sixty (60) days after the actual date
of bid opening. The City of Fayetteville reserves the right to reject any and all bids and
to waive any formalities as deemed to be in the best interest of the City of Fayetteville.
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INSTRUCTIONS TO BIDDERS•
1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the
Standard General Conditions of the Construction Contract shall have the meanings
assigned to them m the General and Supplementary Conditions. The term "Bidder"
means one who submits a Bid directly to the Owner, as distinct from a sub -bidder who
submits a bid to a Bidder. The term "Successful Bidder" will mean the lowest, qualified
responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation
as hereinafter provided) makes an award. The term "Bidding Documents" includes the
Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Proposal Form, and the
proposed Specifications and Contract Documents (including all Addenda issued prior
to the receipt of Bids).
2. Copies of the Bidding Documents. Complete sets of the Bidding Documents in the
number and amount, in any, stated in the Advertisement to Invitation to Bid may be
obtained from the Engineer upon request.
Complete sets of Biddmg Documents must be used in preparing Bids. Neither the Owner
nor Engineer assumes any responsibility for error or misunderstandings resulting from
the use of incomplete sets of Bidding Documents.
Owner and Engineer in making copies of Bidding Documents available on the above
terms do so only for the purpose of obtaining Bids on the Work and do not confer a
license or grant for any other use.
3. Oualifications of Bidders. When included with, and made a part of the Bid Proposal,
the Bidder must submit a completed "Statement of Bidder's Qualifications" as part of the
Bid Proposal The "Statement of Bidder's Qualifications" is required to demonstrate
qualifications to perform the Work and will be used in evaluating all bids as a basis for
award.
4. Examination of Contract Documents and Site.
4.1. It is the responsibility of each Bidder before submitting a Bid, to:
(a) examine the Contract Documents thoroughly,
(b) visit the site to become familiar with local and specific conditions which may
affect cost, progress, safety, performance or furnishing of the Work,
(c) consider all Local, State and Federal Regulations and Laws which may affect
cost, progress, safety, performcmce or furnishing of the Work,
(d) study and carefully correlate Bidder's observations with the Contract
Documents, and
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(e) notify Engineer of any and all conflicts, errors or discrepancies in the Contract
Documents.
4.2 Information and data reflected in the Contract Documents with respect to
Underground Facilities at or contiguous to the site is based upon information and data
furnished to the Owner and Engineer by owners of such Underground Facilities or others,
and Owner nor Engineer does not assume responsibility for the accuracy or
completeness thereof unless it is expressly provided otherwise in the Supplementary
Conditions.
4.3 Provisions concerning responsibilities for the adequacy of data furnished to
prospective Bidders on subsurface conditions, Underground Facilities and other physical
conditions, and possible changes in the Contract Documents due to differing site
conditions appear in Article 4 of the General . Conditions and any associated
Supplementary Conditions.
4.4 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain
any additional information, examinations, explorations, tests and studies which pertain
to the physical conditions of the surface and subsurface at, or contiguous to the site or
otherwise which may affect cost, progress, safety, performance or furnishing of the Work
and which the Bidder deems necessary to determine the Bid for performing and
furnishmg the Work in accordance with the time, price and other terms and conditions
of the Contract Documents.
4.5 Upon request in advance, the Owner will provide each Bidder access to the site to
conduct any observations, explorations and tests as each Bidder deems necessary for
submission of a Bid. Bidder shall be required to fill in all holes and to restore all property
to its former condition.
4.6 The lands upon which the Work is to be performed, rights-of-way and easements
for access thereto and other lands designated for use by the Contractor in performing
the Work are identified in the Contract Documents. All additional lands and access
thereto required for temporary facilities or storage of materials and equipment are to be
provided by the Contractor. Easements for permanent structures or permanent changes
in existing structures are to be obtained in advance by the Owner unless specifically
noted otherwise in the Contract Documents.
4.7 The Bidder must satisfy themselves of the accuracy of the estimated quantities in the
Bid schedule by examination of the site and a review of the drawings and specifications
including any Addenda. After bids have been submitted, the Bidder shall not assert that
there was any misunderstanding concerning the quantities of Work or the nature of Work
to be performed.
4.8 The submission of a Bid will constitute an irrevocable representation by Bidder that
he has complied with every provision and requirement of this paragraph four, that without
exception the Bid is premised upon performing and furnishing the Work required by the
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Contract Documents and such means, methods, techniques, sequences or procedures
of construction as may be indicated in or required by the Contract Documents, and that
the Contract Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing the Work.
4.9 The AHTD Standard Specifications contained in the "Standard Specifications for
Highway Construction," Edition of 1993, published by the Arkansas State Highway
Commission are referenced cmd made a part of the Specifications and will apply to
specific instances and projects as noted on the Plans and within the Specifications.
These Standard Specifications are available for inspection in the Engineer's Office or
may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas.
5. Interpretations and Addenda. All questions about the meaning or intent of the
Contract Documents are to be directed to the Engineer. Interpretations or clarifications
considered necessary by the Engineer in response to such questions, and/or any
information deemed necessary by the Owner or Engineer, will be issued by Addenda
mailed or delivered to all parties recorded by the Engineer as having received the
Bidding Documents Only questions answered and/or other information furnished by
formal written Addenda will be binding.
The Point of Contact for questions and clarifications for this specific project is Don Bunn,
P E , City Engineer (501) 575-8206.
6. Bid security. Each Bid must be accompanied by Bid security made payable to the
Owner in cm amount of five percent (5%) of the Bidder's total maximum bid price and in
the form of a certified or bank check or a Bid Bond (on form attached, if a form is
prescribed and included) issued by a surety meeting the requirements of the General
and Supplementary Conditions.
The Bid security of the Successful Bidder will be retained until such Bidder has executed
the Agreement and furnished the required contract security, whereupon the Bid security
will be returned. If the Successful Bidder fails to execute and deliver the Agreement and
furnish the required contract security within 15 days after the Notice of Award, Owner
may annul the Notice of Award and the Bid secunty of that Bidder will be forfeited. The
Bid security of other Bidders whom the Owner believes to have a reasonable chance of
receiving the award may be retained by Owner until the earlier of the seventh day after
the Effective Date of Agreement or the 61st day after the Bid opening, whereupon the Bid
security furnished by such Bidders will be returned. Bid security with Bids which are not
competitive will be returned within 10 days of Bid opening.
7. Contract Time. The number of days within which, or the dates by which, the Work is
to be substantially completed are as set forth in the Bid Proposal Contract Agreement
and Technical Specifications.
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