HomeMy WebLinkAbout93-98 RESOLUTION•
RESOLUTION NO 93-98
MICROFILMED
A RESOLUTION AWARDING BID NO. 98-56 IN THE AMOUNT
OF $146,339 TO JERRY D. SWEETSER, INC.; APPROVING A
TOTAL PROJECT CONTINGENCY AMOUNT OF $21,950 (15%);
AND APPROVING A BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS•
Section 1 That the City Council hereby awards Bid No. 98-56 in the amount of
$146,339 to Jerry D. Sweetser, Inc.; approves a total project contingency amount of $21,950 (15%);
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 2 The City Council hereby approves a budget adjustment in the amount of
$20,097 increasing Street Improvements, Acct. No. 4470 9470 5809 00, Project No. 98031 20 by
decreasing Street Improvements, Acct. No. 4470 9470 5809 00, Project No. 97086 20 in the amount
of $9,002 and Project No. 98033 20 m the amount of $11,095. A copy of the budget adjustment is
attached hereto and made a part hereof.
PASSED AND APPROVED this /ILL day of July , 1998.
APPROVED:
By: �lvivtnv
F ed Hanna, Mayor
ATTEST:
By:
Heather Woodruff, Ci
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AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the 21st day of July,
in the year 1998 by and between the City of Fayetteville,
Arkansas (hereinafter called OWNER) and Jerry D. Sweetser, Inc.
(hereinafter call CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in
the Contract Documents. The Work is generally described as
follows:
Project - Plainview Street Extension
Demolition of existing concrete curb and gutter and drainage
ditch and structures, asphalt sidewalk and pavement, various
trees and other miscellaneous items; construction of asphalt
pavement with associated earthwork and base material;
construction of concrete curb and gutter, concrete sidewalk,
concrete access ramps, __ construction of
reinforced, _ , drop inlets, reinforced
concrete pipe, and drainage ditches; pavement markings and
signage, and all items indicated in the Drawings and
Specifications.
Article 2. ENGINEER.
The Project has been designed by
City of Fayetteville Engineering Dept.
113 W. Mountain
Fayetteville, Arkansas 72701
City of Fayetteville Page 00500-1
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who is hereinafter called ENGINEER and who is to act as OWNER's
representative, assume all duties and responsibilities, and have
the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance
with the Contract documents.
Article 3. CONTRACT TIME.
3.1 The Work will be substantially completed within 100
calendar days after the date when the Contract Time commences
to run as provided in paragraph 2.3 of the General Conditions,
and completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within 100 calendar
days after the date when the Contract Time commences to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that
time is of the essence of the Agreement and that OWNER will
suffer financial loss if the Work is not completed within the
times specified in paragraph 3.1 above, plus and extensions
thereof allowed in accordance with Article 12 of the General
Conditions. They also recognize the delays, expense and
difficulties involved in proving the actual loss suffered by
OWNER if the Work is not completed on time. Accordingly,
instead of requiring any such proof, Owner and CONTRACTOR
agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER Two hundred dollars
($200.00) for each day that expires after the time specified
in paragraph 3.1 for Substantial Completion until the Work is
substantially complete. After Substantial Completion, if
CONTRACTOR shall neglect, refuse or fail to complete the
remaining Work within the time specified in paragraph 3.1 for
completion and readiness for final payment or any proper
extension thereof granted by OWNER, CONTRACTOR shall pay OWNER
Two hundred dollars ($200.00) for each day that expires after
the time specified in paragraph 3.1 for completion and
readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in
accordance with the Contract Documents an amount in current
funds equal to the sum of the amounts determined from the
following Schedule of Values pursuant to paragraphs 4.1 and
4.2 below:
City of Fayetteville Page 00500-2
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4.1 for all Work other than Unit Price Work, an amount
equal to the sum of the established lump sums for
each separately identified item of Lump Sum Work;
and
4.2 for all Unit Price Work, an amount equal to the sum
of the established unit price for each separately
identified item of Unit Price Work times the estimated
quantity of that item as indicated in this paragraph
4.2.
PAYMENT ITEMS
NO. ITEM UNIT I ESTIMATED I UNIT 1 TOTAL
1 QUANTITY PRICE (ESTIMATED
SEE BID PIROPOSAL
TOTAL BASE BID $ 146,339.00
As provided in paragraph 11.9 of the General Conditions estimated
quantities are not guaranteed, and determinations of actual
quantities and classifications are to be made by ENGINEER as
provided in paragraph 9.10 of the General Conditions. Unit
prices have been computed as provided in paragraph 11.9.2 of the
General Conditions.
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance
with Article 14 of the General Conditions or as modified in the
Supplementary Conditions. Applications for Payment will be
processed by ENGINEER as provided in the General Conditions.
City of Fayetteville Page 00500-3
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5.1.Progress Payments. OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's
Applications for Payment as recommended by ENGINEER, on or
about the 1st day of each month during construction as
provided in paragraphs 5.1.1., 5.1.2, 5.1.3., and 5.1.4 below.
All such payments will be measured by the schedule of values
established in paragraph 2.9 of the General Conditions and
based on the number of units completed in the case of Unit
Price Work or, in the event there is no schedule of values, as
provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments
will be made in an amount equal tothe percentage
indicated below, but, in case, less the aggregate of
payments previously made and less such amounts as
ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraph 14.7 of the General Conditions.
90 percent of Work completed (with the balance of
10 percent being retainage), If Work has been 50
percent completed as determined by the ENGINEER,
and if the character and progress of the Work have
been satisfactory to OWNER and ENGINEER, OWNER, on
.recommendation of ENGINEER, may determine that as
long as the character and progress of the Work
remain satisfactory to them, there will be no
additional retainage on account of work completed,
in which case the remaining progress payments prior
to Substantial Completion will be in an amount
equal to 100 percent of the Work completed.
100 percent of materials and equipment not
incorporated in the Work but delivered, suitably
stored, and accompanied by documentation
satisfactory to OWNER as provided in paragraph 14.7
of the General Conditions. That is, if any such
items are setup for that type payment in the
Specifications.
City of Fayetteville Page 00500-4
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5.1.2. Upon Substantial Completion, in an amount sufficient to
increase total payments to CONTRACTOR to 98 percent of the Contract
Price (with the balance of 2 percent being retainage), less such
amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraph 14.7 of the General Conditions.
5.3 Final Payment. Upon final completion and acceptance of the
Work in accordance with paragraph 14.13 of the General
Conditions, OWNER shall pay the remainder of the Contract
Price as recommended by ENGINEER as provided in said paragraph
14.13.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR
makes the following representations:
6.1 CONTRACTOR has examined and carefully studied the Contract
Documents (including the Addenda listed in Article 7) and the
other related data identified in the Bidding Documents
including "technical data."
6.2 CONTRACTOR has visited the site and become familiar with
and is satisfied as to the general, local, and site conditions
that may affect cost, progress, performance, or furnishing of
the Work.
6.3 CONTRACTOR is familiar with and is satisfied as to all
federal, state, and local Laws and Regulations that may affect
cost, progress, performance, and furnishing of the Work.
6.4 CONTRACTOR has carefully studied all reports of
explorations and tests of subsurface conditions at or
contiguous to the site and all drawings of physical conditions
in or relating to existing surface or subsurface structures at
or contiguous to the site which have been identified in the
Supplementary Conditions as provided in paragraph 4.2.1 of the
General Conditions. CONTRACTOR accepts the determination set
forth in. paragraph SC -4.2 of the Supplementary Conditions of
the extent of the "technical data" contained in such reports
and drawings upon which CONTRACTOR is entitled to rely as
provided in paragraph 4.2 of the General Conditions.
City of Fayetteville Page 00500-5
CONTRACTOR acknowledges that such reports and drawings are not
Contract Documents and may not be complete for CONTRACTOR's
purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do
not assume responsibility for the accuracy or completeness of
information and data shown or indicated in the Contract
Documents with respect to Underground Facilities at or
contiguous to the site. CONTRACTOR has obtained and carefully
studied (or assumes responsibility for having done so) all
such additional supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at or
contiguous to the site or otherwise which may affect cost,
progress, performance, or furnishing of the Work or which
relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to the employed by
CONTRACTOR and safety precautions and programs incident
thereto. CONTRACTOR does not consider that any additional
examinations, investigations, explorations, tests, studies, or
data are necessary for the performance and furnishing of the
Work at the Contract Price, within the Contract Times, and in
accordance with the other terms and conditions of the Contract
Documents.
6.5 CONTRACTOR is aware of the general nature of work to be
performed by OWNER and others at the site that relates to the
Work as indicated in the Contract Documents.
6.6 CONTRACTOR has correlated the information known to
CONTRACTOR, information and observations obtained from visits
to the site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract
Documents.
6.7 CONTRACTOR has given ENGINEER written notice of all
conflicts, errors, ambiguities, or discrepancies that
CONTRACTOR has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to
CONTRACTOR and the Contract Documents are generally sufficient
to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
City of Fayetteville Page 00500-6
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between
OWNER and CONTRACTOR concerning the Work consist of the following:
7.1 This Agreement (pages 1 to
9
, inclusive).
7.2 Performance and Payment Bonds, (Exhibits A and
respectively).
7.3 Certificate of Insurance, (Exhibit C).
7.4 Documentation submitted by CONTRACTOR prior to Notice
of Award (Exhibit D).
7.5 General Conditions (pages 1 to 42, inclusive and
Exhibit GC -A pages 1 to 2, inclusive).
7.6 Supplementary Conditions (pages 1 to 17, inclusive).
B
7.7 Specifications consisting of Divisions 1 through 16 as
listed in table of contents thereof.
7.8 Addenda numbers 1 to 1, inclusive.
7.9 Drawings (not attached hereto) consisting of a cover
sheet and sheets numbered 1 through 16, inclusive with
each sheet bearing the following general title:
Plainview -Street Extension Project
7.10 The following which may be delivered or issued after the
Effective Date of the Agreement and are not attached
hereto: (none)
7.10.1 Notice to Proceed
7.10.2 All Written Amendments and
modifying or supplementing
pursuant to paragraphs 3.5
Conditions.
other documents amending,
the Contract Documents
and 3.6 of the General
The documents listed in paragraphs 7.2 et seq. above are attached
to this Agreement (except as expressly noted otherwise above).
City of Fayetteville
Page 00500-7
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There are no Contract Documents other than those listed above in
this Article 7. The Contract Documents may only be amended,
modified or supplemented as provided in paragraphs 3.5 and 3.6 of
the General Conditions.
Article 8. MISCELLANEOUS.
8.1. Terms used in the Agreement which are defined in Article
1 of the General Conditions will have the meanings indicated
in the General Conditions.
8.2. No assignment by a party hereto of any rights under or
interests in the Contract Documents will be binding on another
party hereto without the written consent of the party sought
to be bound; and, specifically but without limitation, moneys
that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to
an assignment no assignment will release or discharge the
assignor from any duty or responsibility under the Contract
Documents.
8.3. OWNER and CONTRACTOR each binds itself, it partners,
successors, assigns, and legal representatives to the other
party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements and
obligations contained in the Contract Documents.
8.4. Any provision or part of the Contract Documents held to
be void or unenforceable under any Law or Regulation shall be
deemed stricken and all remaining provisions shall continue to
be valid and binding upon stricken provision or part thereof
with a valid and enforceable provision that comes as close as
possible expressing the intention of the stricken provision.
City of Fayetteville Page 00500-8
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement
in quadruplicate. One counterpart each has been delivered to OWNER
and ENGINEER, and two counterparts have been delivered to
CONTRACTOR. All portions of the Contract Documents have been
signed, initialed, or identified by OWNER and CONTRACTOR or
identified by ENGINEER on their behalf.
This Agreement will be effective on July 21 1998 (which is
the Effective Date of the Agreement).
OWNER: City of Fayetteville
By:
Ma or Fred Hanna
F;AiEf
--tea✓ •
QRPORATE SEAL]
•
Attest
Address for giving notices
coNTRACTOR: JERRY D. SWEETSEa; INC
By: d//,�G�'/
WILLIAM G. SWEETSER
PRESIDENT
.6"4~
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,.
a•,.
Title
Attest
Address
G
LA - „•
.
[CORPORATE 1 t •^ • Qs s
for giving notices
(If OWNER is a public body, attach License No.
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.)
City of Fayetteville
(If CONTRACTOR is a
corporation, attach evidence
of authority to sign)
Page 00500-9
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City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
1998
Department: Sales Tax Capital Improvement Fund
Division:
Program:
Date Requested
06/30/98
Adjustment #
Project or Item Requested:
Additional funding is requested for Plainview Avenue
Improvements project.
Project or Item Deleted:
Funding for this request is from Starr Drive and Street ROW
/Intersection / Cost Sharing project.
Justification of this Increase:
The project bid was within the project budget however,
funding is needed for a construction contingency.
Justification of this Decrease:
Starr Drive is completed and the funds remain after all project
costs have been paid. Sufficient funds remain in the Street
ROW/ Intersection /Cost Sharing to meet current year
requirements.
Account Name
Street Improvements
Street
Street
Account Name
Improvements
Improvements
Increase Expense (Decrease Revenue)
Amount
Account Number
20,097 4470 9470
Project Number
5809 00 98031 20
Decrease Expense (Increase Revenue)
Amount
Account Number
9,002 4470 9470
5809
00
11,095 4470 9470 5809 00
Project Number
97086 20
Approval Signatures Budget Office Use Only
Department Director
Admin. Se es Dire or
Mayor
3a_q.p:
Date QQQQ
Date
Date
/Aate
14/
Blue Copy: Budget & Research ) ellou• Copy: Requester
Type.
A B C
Date of Approval
Posted to General Ledger
Posted to Project Accounting
•
Entered in Category Log
C:\APP198BUDWADJFORIL
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Project Manual
juict
O� ► � I n') a, I `--cj?
;36 (C4‘? ei�YkS)
for
MICROFILMED
Plainview Street Extension
May 1998
!FAY S-1-T-laNt1LLE
•••=mmeirefill
Prepared By:
Office of the City Engineer
City Administration Building
113 W. Mountain Street
Fayetteville, Arkansas 72701
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ARF,tXSAS
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ttelrrscNAL
MANitigli
c No.3 i66
‘k-"�-CtD R. t
ACORD. ` CERTIFICATE OF LIAR
ti
CSR SR,= , t� DATE 9_
.D
:INSURANCE
PRODUCER --- -----
Eason Insurance Agency
2340 Green Acres Rd, Suite *10
P.O. Box 4217
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fayetteville AR 72703
COMPANIES AFFORDING COVERAGE
Robert Michael. Davis
Phone No. 501-521-2233 Fax No.
COMPANY
A Bituminous Insurance Co.
INSURED
COMPANY
B
Jerry Sweetser, Inc.
COMPANY
C
590 W. Poplar
Fayetteville AR 72703
COMPANY
D
:COVERAGES -..... .... ... -
,.. SOCETFT....T.. E....
G TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
THIS
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH ROUGES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MWDDM/)
POLICY EXPIRATION
DATE (AIM/DDNY)
LIMITS
GENERAL UABILT'
GENERAL AGGREGATE
S 2,000,000
A
X
COMMERCIAL GENERAL UABIUY
CLP2306793
10/30/97
10/30/98
PRODUCTS - COMP/OP AGG
52,000,000
CLAIMS MADE
X
OCCUR
PERSONAL A ADV INJURY
S 1 , 000 , 00 0
I
OWNER'SB CONTRACTOR'S PROT
EACH OCCURRENCE
S 1,000,000
FIRE DAMAGE (Any one fire)
1 100,000
MED DTP (Any one person)
S 5,000
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
1 11000,000
A
X
ANY AUTO
CAP2508583
10/30/97
10/30/98
ALL OWNED AUTOS
BODILY INJURY
S
SCHEDULED AUTOS
(Per person)
HIRED AUTOS
BODILY INJURY
S
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
S
GARAGE
LIABILITY
AUTO ONLY - EA ACCIDENT
S
ANY AUTO
OTHER THAN AUTO ONLY:
EACH ACCIDENT
S
AGGREGATE
1
EXCESSUABILITY
EACH OCCURRENCE
S 2000000
A
X UMBRELLA FORM
CLP2306793
10/30/97
10/30/98
AGGREGATE
s2000000
OTHER THAN UMBRELLA FORM
S
WORKERS COMPENSATION AND
ITORYU R5 I
IOER
'.
EMPLOYERS LIABILITY
EL EACH ACCIDENT
S 100,000
A
THE PROPRIETOR/
INCL
WC3017427
10/30/97
10/30/98
ELOISEASE-POUCYLIMIT
s SOO,000
PARTNERS/EXECUTIVE
OFFICERS ARE
EXCL
EL DISEASE - EA EMPLOYEE
S 10 0 , 000
OTHER
DESCRIPTION
JOB:
OF OPERATIONS/LOCATIONSNEHK1ES/SPECW, ITEMS
CONSTRUCTION OF PLAINVIEW STREET EXTENSION, FAYETTEVILLE, ARKANSAS
....:....
CER7IFICATE:HOLDEFt
City
-
CITYO01
Of Fayetetteville
... . .... .
CANCELLATION
SHOULD ANY OF NE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
Engineering Dept.
113 W. Mountain
72701
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES.
Fayetteville AR
AUTHORIZED REPRESENTATIVE
Robert Michael Davis
ACOR025S (195)
--- ...
.......... .
_ ,._ ACORO CORPORATION 1988
Contract 158 (Arkansas) (11-89)
WATIOWWWWWWIRM ..: gNswINAuct:laorflul wall V(G1
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,
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UNI ' ED STATES
FIDEEI .
(A
PERFORMANCE
Inc.
Principal, and
under the
hereinafter
Arkansas
in the amount
and 00/100
the payment
and assigns,
dated
all labor and
Arkansas.
OBLIGATION
and save
do and shall
making good any
or materials
of action against
priority, then
shall be brought
on this bond
A.C.A. Section
the Owner after
be made in the
extension of time
or the Principal
or any of them,
to the Surety
liability of
5 `r day
�;
; ._
State
One
Principal
and
contract
if
performed
bond
the
from
the
exceed
l
STATES
•
UARAN
FIDELITY
of
are
Hundred
and
severally,
for
is
the Principal
Owner
and
and,
and
shall
outside
Owner,
(b) (Supp.
the
Contract,
shall
personal
of any
the
JerryD
���%
AND PAYMENT
AND
Maryland and
held and firmly
Forty
Surety bind
firmly by
construction
by reference
shall faithfully
from all cost
repay the Owner
further, that
under said
Surety, jointly
be null and void;
the State
unless it is
1987) as
date on which
or in the
of the Contract,
not in any way
representatives,
such alteration,
sum set out
//�/Sw et
/
Y COMPANY
BOND
GUARANTY
authorized to
bound unto
SiX..ThO.uS.and..Three
themselves,
these presents.
entered
of Plainview
made a part
perform
and damage
all outlay
if the Principal
Contract, failing
and severally,
otherwise
of Arkansas.
brought in accordance
amended. No
final payment
work to be done
or any other
release the
successors
extension
herein.
901g.
COMPANY, a
do business
their heirs,
into a contract
hereof, and is
the Contract
which he may
and expense
shall pay all
which such
under this
it shall remain
No suit, action
with
suit, action or
under the
under it, or
forberance
Principal and
or assigns
or forbearance
_
Principal
TY COMPANY
Surety
Attorney-in-fact
Stock Company)
UNITED STATES
laws of the
called Surety,
of
whereof
jointly
materials
, which
is such that
harmless the
fully reimburse
such default,
furnished or
the Principal
this obligation
on this
except by
18-44-503
two years
terms of
for the performance
to the other
their heirs,
or Sureties
the Surety
of •.vt
ARKANSAS STATUTORY
We Jerry D. Sweetser,
as Principal, hereinafter called
coroporation organized and existing
in the State of Arkansas, as Surety,
City of Fayetteville,
as Obligee, hereinafter called Owner,
Hundred Thirty Nine Dollars
Dollars ($ 146,339.00 ) for
personal representatives, successors
D.
Principal has by written agreement
with Owner for furnishing
Street Extension, Fayetteville,
hereinafter referred to as the Contract.
THE CONDITION OF THIS
on his part and shall fully indemnify
suffer by reason of failure so to
which the Owner may incur in
persons all indebtedness for labor
persons shall have a direct right
obligation, subject to the Owner's
in full force and effect.
No suit, action or proceeding
or proceeding shall be brought
A.C.A. Section 22-9-403 (b) and
proceeding shall be brought by
Contract falls due.
•
Any alterations which may
the giving by the Owner of any
on the part of either the Owner
the Surety or Sureties, or either
from their liability hereunder, notice
being hereby waived.
In no event shall the aggregate
Executed on this A
a
By..presi
UNITED
.. ;4..-
AND^GUAR '
ent»
FIDELITY
'
obert
Mvi
M. iDas//I!._; ;
yu*iii.:4Jj) i `:
;
PWMff :J1j1fi7IMM9Jt1 Ri31 t11iC;7J/1 `: iARins ..... , ..i r'•, "...
^ WitiniEMZ N T
Contract 158 (Arkansas) (11-89)
• 1130957 \
UNITED STATES FIDELITY AND GUARANTY COMPANY
•
POWER OF ATTORNEY
NO. 106636
USF+G'
KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing
under the laws of the State of Maryland and laving 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
ofihe City of Fayetteville ,Stan of Arkansas its true and lawful Attorney(s)-in-Fut 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 iastmments in the mature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instilment to he sealed with its corporate seal,
duly attested by the signatures of is Senior Via President and Assistant Secretary, this 22nd day of January , A.D. 1993
•
STATE OF MARYLAND)
BALTIMORE CITY )
UNITED STATES FIDELITY ANI) GUARANTY COMPANY
(Signed) By
(Signed) By
SS:
Senior Vice President
`, 5vo ` ici$Assistant Secretary
Onthis 22nd day of January ,A.D)993 ,belmmepersodallrcaniee Robert J. Lamendola
Senior Vice President of the UNITED STATES FIDELITY ANDGUARANTY COMPANY) dM Paul DfSims ,Assistant
Secretary of said Company, with both of whom I am personally u�tptainted, who being by me severally duly swotti,isaid, that they, the said Robert J.
Lamendola and Paul D, sS m's 4,1, ,` were respectively the Senior Vice President and the Assistant Secretary of
the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the` eiporation described Uraitd'wbich executed the foregoing Power of Attorney; that they
each knew the seal of said corporation; that the ttalaffixed to said Pow`e7of�Attoney was suchcciirp`orrite seal, that it was so affixed by order of the Board of Directors
of said corporation, and that they signed their names thereto by like order as Senior Vice } i Heol and Assistant Secretary, respectively, of the Company.
My Commission expires the 11th day in r 'MarChh if A`D. 19 95 .
(Signed) r. y i yes. J i� T� r ,AZE""
•0 NOTARY PUBLIC
This Power of Attorney is granted under and b 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 is connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments
relating to said busioeu may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Auoney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman, or the President, or an Executive Vice President, or a Senior Via President, ora 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 officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writing obligatory in the nature thereof, and unless subsequently
revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is validly attached
RESOLVED, that Attorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case,subject to the terms and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings.
and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shill be as binding upon the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
1. Paul D. Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY,
do hereby certify that the foregoing is a tree 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 fora and effect. ✓'. . ";.....
1, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of
Atomey is in MI force and effect and has not been revoked. n - + .T"'
STATES FIDELITY AND GUARANTY COMPANY on this day
In Testimony Whereof, 1 have hereunto tet my hand and the seal of
of -, 19 .
▪ a
• -.rota - ▪ r.
\ FS 3 (10-92)
Assistant Secretary
Project Manual
for
Plainview Street Extension
May 1998
r
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lesainagaaaleadik
1F'AVE—TEVILLE
Prepared By:
The Office of the City Engineer
City Administration Building
113 W. Mountain Street
Fayetteville, Arkansas 72701
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Section No.
00005
00020
•
City of Fayetteville
piainviets1 S-- eak 5iorl
Section 00005
TABLE OF CONTENTS
Title
Table of Contents
Advertisement for Bids
BIDDING REQUIREMENTS
00100
00300
00350
CONTRACT
FORMS
Instructions to Bidders
Bid Form
Bid Bond
Notice of Award
AND CONDITIONS
00500 Agreement Form Between Owner
& Contractor
Construction Performance Bond
Construction Payment Bond
Certificates of Insurance
Notice of Award
00700 General Conditions
00800 Supplementary Conditions
SPECIFICATIONS
Division
1 General Rectuirements
01010
01025
01027
01035
01040
01051
01060
01090
01300
01310
01410
Summary of Work
Measurement and Payment
Applications for Payment
Modification Procedure
Coordination and Meetings
Construction Surveys
Regulatory Requirements
Reference Standards and
Abbreviations
Submittals
Progress Schedules
Testing Laboratory Services
City of Fayetteville
Pacxes
00005-1 to 00005-2
00020-1
00100-1 to 00100-11
00300-1 to 00300-3
00350-1 to 00350-2
00500-1
to 00500-9
1 to 42
00800-1 to 00800-17
01010-1
01025-1
01027-1
01035-1
01040-1
01051-1
01060-1
01090-1
01300-1
01310-1
01410-1
to 01010-3
to 01025-15
to 01027-3
to 01035-4
to 01040-4
to 01051-2
to 01060-4
to 01090-4
to 01300-4
to 01310-3
to 01410-3
Page 00005-1
01500
01620
01630
01700
Division 2
Construction Facilities &
Temporary Controls
Storage and Protection
Product Options and Substi-
tutions
Contract Closeout
- Site Work
02050
02100
02161
02220
02230
02261
02270
02272
02500
02580
02600
02601
02605
02615
02616
02622
02641
02644
02666
02675
02720
02805
02830
02840
02900
Demolition
Site Preparation
Excavation Safety
Excavation and Embankment
Road Bed Preparation
Site Restoration
Erosion Control
Rip Rap
Asphaltic Cement Paving
Pavement Marking
Pipelaying
Cast -in -Place Manholes
Utility Sleeves
Iron Pipe and Fittings
Polyethylene Encasement
Plastic Pipe and Fittings
Valves
Fire Hydrants
Potable Water Services
Water System Maintenance of
Service and Disinfection
Storm Sewer System
Guard Rail
Fencing
Signage
Landscaping
Division 3 - Concrete
03210
03316
Division 4 -
City of
Reinforcing Steel
Miscellaneous Concrete Work
Appendix
(1) Sidewalk Specifications
(2) Geotechnical Report
Fayetteville
01500-1 to 01500-5
01620-1 to 01620-2
01630-1 to 01630-2
01700-1 to 01700-6
02050-1
02100-1
02161-1
02220-1
02230-1
02261-1
02270-1
02272-1
02500-1
02580-1
02600-1
02601-1
02605-1
02615-1
02616-1
02622-1
02641-1
02644-1
02666-1
02666-1
02720-1
02805-1
02830-1
02840-1
02900-1
to 02050-2
to 02100-3
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
02220-10
02230-6
02261-6
02270-3
02272-2
02500-11
02580-5
02600-5
02601-2
02605-2
02615-4
02616-2
02622-4
02641-6
02644-4
02666-3
to 02666-4
to 02720-4
to 02805-3
to 02830-4
to 02840-4
to 02900-13
03210-1 to 03210-3
03316-1 to 03316-12
Page 00005-2
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Document 00020
ADVERTISEMENT FOR BIDS
Bid Number 98-56
for
Plainview Street Extension
Sealed bids will be received at Room 326, City Administration Building, 113 West Mountain
Street, Fayetteville, Arkansas, until 2:30 p.m. (local time) on June 25, 1998, for furnishing all
tools, materials and labor and performing the necessary work for construction of Plainview
Street Extension, in Fayetteville, Arkansas. At this time and place all bids received will be
publicly opened and read aloud.
The work generally consists of:
construction of approximately 750 LF of 31' wide (back of curb to back of curb)
pavement with associated earthwork, below ground storm sewer, drainage structures, curb
and gutter, and all items indicated in the Drawings and Specifications.
Drawings and specifications are on file and may be examined at the office of the City Engineer.
Copies of these documents may be obtained from the office of the engineers upon request and
upon the payment of $50.00 for the drawings and specifications. This amount is not refundable.
The bidders shall make such inspection and studies of the site of the work as to familiarize
themselves with all conditions to be encountered. Bid security, as defined in the Instructions To
Bidders, in the amount of 5 percent of the Bid must accompany the Bid.
The successful Bidder will be required to furnish a Performance Bond and a Payment Bond as
security for the faithful performance and the payment of all bills and obligations arising from the
performance of the Work. No Bids may be withdrawn within a period of 60 days after the date
fixed for opening Bids.
Bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended.
The City of Fayetteville reserves the right to reject any or all bids, to waive irregularities in the
Bids and bidding deemed to be in the best interests of the City, and to reject nonconforming,
nonresponsive, or conditional Bids.
/s/ Pegey Vice
Peggy Vice, Purchasing Manager
City of Fayetteville Page 00020-1
Section 00100
INSTRUCTIONS TO BIDDERS
DEFINED TERMS
08/12/97
Terms used in these Instructions to Bidders which are defined in the General Conditions have
the meanings assigned to them in the General Conditions. Certain additional terms used in
these Instructions to Bidders have the meanings indicated below which are applicable to both
the singular and plural thereof.
1.2 Bidder - one who submits a Bid directly to Owner as distinct from a sub -bidder, who submits
a bid to a Bidder.
1.3 Issuing Office - the office from which the Bidding Documents are to be issued and where the
bidding procedures are to be administered.
1.4 Successful Bidder - the lowest, responsible, and responsive Bidder to whom Owner (on the
basis of Owner's evaluation as hereinafter provided) makes an award.
COPIES OF BIDDING DOCUMENTS
2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated
in the Advertisement for Bids may be obtained from the Issuing Office.
2.2 Complete sets of Bidding Documents must be used in preparing Bids. Neither Owner nor
Engineer assume any responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents.
2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms
do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant
for any other use.
EXAMINATION OF SITE AND CONTRACT DOCUMENTS
3.1 Bidders are advised that the Drawings and Specifications are on file at the City of Fayetteville
Engineering Department, and shall constitute all of the information which the Owner shall
furnish. No other information given or sounding made by the Owner or any official thereof,
City of Fayetteville Page 00100-1