HomeMy WebLinkAbout192-03 RESOLUTION•
RESOLUTION NO. 192-03
A RESOLUTION APPROVING A CONSTRUCTION CONTRACT
WITH JERRY D. SWEETSER, INC. IN THE AMOUNT OF
5397,868 25 FOR THE CONSTRUCTION OF BROYLES ROAD
FROM WEDINGTON DRIVE TO PERSIMMON PLACE
SUBDIVISION; APPROVING A 15% PROJECT CONTINGENCY
IN THE AMOUNT OF $59,680.75; AND APPROVING A BUDGET
ADJUSTMENT IN THE AMOUNT OF $457,549.00 FOR SAME.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of Fayetteville, Arkansas, hereby
approves a construction contract with Jerry D. Sweetser, Inc. in the amount of
5397,868.25 for the construction of Broyles Road from Wedington Drive to
Persimmon Place Subdivision.
Section 2. That the City Council of Fayetteville, Arkansas, hereby
approves a 15% project contingency in the amount of $59,680.75.
Section 3. That the City Council of Fayetteville, Arkansas, hereby
approves a budget adjustment in the amount of $457,549.00 for same.
PASSED and APPROVED this 16th day of December, 2003.
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• 161 VA17;EST:
By:
SONDRA SMITH, City Clerk
By:
DAN COODY, Mayor/
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City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2003
Department
Division:
Program:
Community Planning & Engineering
Engineering
Sales Tax Capital Improvements
Date Requested
12/16/2003
Adjustment Number
Project or Item Requested:
$457,549 is needed in the Broyles Road Extension
capital project.
Project or Item Deleted:
$457,549 from the Gregg Avenue - Highway 71 to Mud
Creek Bridge capital project.
Justification of this Increase:
The funding is needed for the extension of Broyles Road
• north to Wedington Drive to be used as an access road
to the new WWTP Plant.
Justification of this Decrease:
Due to lower than expected bids, there is sufficient funding
remaining in this project to meet objectives.
Increase Budget (Decrease Revenue)
Account Name Account Number Amount Project Number
Street improvements 4470 9470 5809 00 457,549 03026 1
Account Name
Street improvements
Decrease Budget (Increase Revenue)
Account Number
4470 9470
Amount Project Number
5809 00 457,549 03006 1
Approval Signatures
udget Manager
Department Director
Date
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Date
Date
Finance & Internal S
ccs Director
Date
Mayor
ate
Type:
Budget Office Use Only
A 8 C E
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Initial Date
Initial Date
Initial Date
Initial Date
Mayor: Department Director Purchasing Manager:
Finance d Internal Services Director. Budget Manager: IT Manager
Dispatch Manager. Utilities Manager: Other
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Requester... - _ . ..:n.-..,,.. _
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Ron Petrie
City:
Fayetteville
Address:
590 West Poplar Street
Vendor
70670
City Of Fayetteville
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Zip Code:
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City Council Meeting of December 16, 2003
CITY COUNCIL AGENDA MEMO
I o: Mayor and City Council
Thru: Hugh Earnest, Chief Administrative Officer
From: Tim Conklin, Community Planning and Engineering Services Director
Date: November 22, 2003
Subject: 1. Approval of a resolution awarding the construction contract in the amount of
5397,868.25 with Jerry D. Swcetscr, Inc. for the construction of Broyles Road from
Wcdington Drive to the Persimmon Place Subdivision 2. Approval of a project
contingency in the amount of $59,680.75 (15%) for project needs including material
testing, street light installation by Ozarks Electric, in-house inspection & management,
and variations in final quantities. 3. Approval of the attached budget adjustment.
RECOMMENDATION
Staff recommends approval of the resolution awarding the contract to Jerry D. Swcetscr,
Inc. in the amount of 5397,868.25, the project contingency, and the budget adjustment.
BACKGROUND
On February 4, 2003 the City Council passed Resolution No. 22-03 which states that the
City Council "...hereby expresses its intent to extend Broyles Road north to Wedington
Drive to provide right-of-way for 48 -inch sewer force mains and access to the site of the
new wastewater plant." The developer's of the Persimmon Place Subdivision are
currently constructing Broyles Road through their subdivision. The remaining portion of
Broyles Road, measuring approximately 1,350 feet, was designed in-house and will
complete the extension to Wedington Drive.
The extension of Broyles Road will also provide traffic relief for the existing residents on
46th Street. At the present, 46th Street is a narrow road approximately 20 feet in width
with open ditchs on both sides of the road. The additional traffic expected from the
Persimmon Place Subdivision and future developments in the area will be able to utilize
Broyles Road. In addition, this extension will provide a major north -south connection
from Highway 62 to Wedington Drive in the future.
DISCUSSION
The contract bids were opened on November 21, 2003. The project engineer has
reviewed the bids and recommends awarding the contract to the low bidder, Jerry D.
Swcetscr, Incorporated, in the amount of 5397, 868.25 (see the attached bid tabulation
1
City Council Meeting of December 16, 2003
sheet). The estimated total project costs including the project contingency for unforeseen
project expenditures are as follows:
Contractor Bid Amount
Street Light Installation by Ozarks Electric
Materials Testing
In-house Management & Inspection
Remainder of 15% Contingency
TOTAL
BUDGET IMPACT
$ 397,868.25
$ 12,500.00
$ 5,000.00
$ 15,000.00
S 27,180.75
$ 457,549.00
Because of the fact that this project was not included in the 2003 Capital Improvement
Program, a budget adjustment for this 5457,549.00 expenditure will be necessary for the
extension of Broyles Road. The money for this budget adjustment will be moved from
the Gregg Avenue — Highway 71 to Mud Creek Bridge account which has funds
remaining due to a lower than expected construction bid.
2
• •
RESOLUTION NO.
A RESOLUTION APPROVING A CONSTRUCTION CONTRACT
WITH JERRY D. SWEETSER, INC. IN THE AMOUNT OF
$397,868 25 FOR THE CONSTRUCTION OF BROYLES ROAD
FROM WEDINGTON DRIVE TO PERSIMMON PLACE
SUBDIVISION; APPROVING A 15% PROJECT CONTINGENCY
IN THE AMOUNT OF $59,680.75; AND APPROVING A BUDGET
ADJUSTMENT IN THE AMOUNT OF $457,549.00 FOR SAME.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of Fayetteville, Arkansas, hereby
approves a construction contract with Jerry D. Sweetser, Inc. in the amount of
$397,868 25 for the construction of Broyles Road from Wedington Drive to
Persimmon Place Subdivision.
Section 2. That the City Council of Fayetteville, Arkansas, hereby
approves a 15% project contingency in the amount of $59,680.75.
ed
Section 3. That the City Council of Fayetteville, Arkan lI h reby
approves a budget adjustment in the amount of $457,546 sar �!
PASSED and APPROVED this 16th day of December, 2003. r
/APPROVED:
t/`By: \ 1 ate.
S®ND A"MUM, City Clerk
DAAN.000DY, Mayor
• •
Section 00500
AGREEMENT
BETWEEN CITY OF FAYETTEVILLE AND JERRY D. SWEETSER, INC.
THIS AGREEMENT is dated as of the day.of in the year 2004 by and
between the City of Fayetteville, Arkansas and JERRY D. SWEETSER, INCORPORATED.
The CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC, 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 generally consists of construction of approximately 1,320 L.F. of 28' wide street with curb &
gutter and associated earthwork, below ground storm sewer, drainage structures, approximately 1,400
L.F. of 12" waterline and all items indicated in the Drawings and Specifications.
Article 2. ENGINEER.
The Project has been designed by
City of Fayetteville Engineering Division
113 W. Mountain Street
Fayetteville, Arkansas 72701
who is hereinafter called ENGINEERING DIVISION and who is to act as the CITY OF FAYE I 1 EVILLE'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 shall be substantially completed within 180 consecutive calendar days after the date when the
Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed
and ready for final payment in accordance with paragraphs 14.07.B & C of the General Conditions within 210
consecutive calendar days after the date when the Contract Time commences to run.
3.2. Liquidated Damages. The CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. recognize
that time is of the essence of the Agreement and that the CITY OF FAYETTEVILLE 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 the CITY OF FAYETTEVILLE if the Work is
not completed on time. Accordingly, instead of requiring any such proof, the CITY OF FAYETTEVILLE
and JERRY D. SWEETSER, INC. agree that as liquidated damages for delay (but not as a penalty) JERRY
D. SWEETSER, INC. shall pay the CITY OF FAYETTEVILLE Two hundred fifty dollars ($250.00) for
Broyles Road Extension October 20, 2003
City of Fayetteville Engineering Division Page 00500-1
• •
each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is
substantially that.
After Substantial Completion, if JERRY D. SWEETSER, INC. shall neglect, refuse
or fail to cornplete 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 the CITY OF FAYETTEVILLE,
JERRY D. SWEETSER, INC. shall pay the CITY OF FAYETTEVILLE Two hundred fifty dollars
jS250.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for
final payment.
Article 4. CONTRACT PRICE.
The CITY OF FAYETTEVILLE shall pay JERRY D. SWEETSER, INC. 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:
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.
BROYLES ROAD EXTENSION
PAY ITEMS
Broyles Road Extension
City of Fayetteville Engineering Division
October 20, 2003
Page 00500-2
Unit
Estimated
Quantity
Item
No.
Item Description
Unit Price
Extended Price
1
Mobilization
LS
1
55,000.00
55,000.00
2
Construction Staking
LS
1
56.800.00
56,800.00
3
Excavation Safety
LS
1
52,500.00
52,500.00
4
Clearing & Grubbing
LS
1
512,000.00
512,000.00
5
Sawcut (Asphalt)
LF
170
52.00
5340.00
6
24" Bore
LF
70
5160.00
511,200.00
7
8" x 8" Tap w/ valve
LS
1
52,500.00
52,500.00
8
Fire Hydrant Assembly
EA
2
52,000.00
54,000.00
9
Ductile Iron Fittings
LB
500
54.50
52,250.00
10
12" PVC C900 (DR -14) Waterline
LF
1,372
538.00
552,136.00
I 1
24" Steel Encasement
LF
20
560.00
51,200.00
12
Unclassified Excavation
CY
6,460
56.50
541,990.00
13
Compacted Embankment — Select Hillside Material (Borrow)
CY
3,425
58.00
527,400.00
14
Undercut & Backfill
CY
1,600
512.50
520,000.00
15
Six-inch Aggregate Street Base Course
(Class 7)
SY
4,845
54.80
523,256.00
16
Concrcte Curb and Gutter
LF
2,620
59.50
524,890.00
17
Two-inch ACHM Surface Course (Class 2)
SY
3,972
55.00
519,860.00
Broyles Road Extension
City of Fayetteville Engineering Division
October 20, 2003
Page 00500-2
18
Four -inch ACH M Surface Course (Class 2)
SY
3,972
55.00
519,860.00
19
Aggregate Base (Class 7)
Tons
300
514.00
54,200.00
20
18 -inch Reinforced Concrete Pipe (RCP)
LF
345
536.00.
512,420.00
21
24 -inch Reinforced Concrete Pipe (RCP)
LF
350
551.50
518,025.00
22
4 Ft x 4 Ft Type 'C' Drop Inlet
EA
4
S1,900.00
57,600.00
23
5 Ft x 5Ft Type 'C' Drop Inlet
EA
2
52,500.00
55,000.00
24
Drop Inlet Extcnsion (8 Ft)
EA
6
51,000.00
56,000.00
25
Concrete Sidewalk (4")
SY
865
532.00
527,680.00
26
Barb Wire Fence (5 -Strand)
LF
1 287
54.25
55,469.75
AC
1.85
52,500.00
54 625 00
27
Seeding and Mulching
28
Imponed Top Soil
CY
995
512.00
511,940.00
29
Sign (R3 -7R)
EA
1
5210.00
5210.00
30
Double 4" Yellow
Line Pavement Markings (Thermoplastic)
LF
1,270
50.85
SI,079.50
31
6" White Line Pavement Markings (Thermoplastic)
LF
145
52.10
530450
32
18" White Pavement
Markings (Thermoplastic)
LF
112
59.50
51,064.00
33
24" White Pavement Markings (Thermoplastic)
I,F
22
511.75
5258.50
34
White Pavement Marking Arrows (Thermoplastic)
EA
4
5315.00
51,260.00
35
Silt Fence (E-3)
LF
600
56.00
53,600.00
36
Straw Bale
(E -I)
EA
120
510.00
51,200.00
37
Rock Excavation
CY
50
5175.00
58,750.00
TOTAL CONSTRUCTION COST 5397,868.25
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations
of actual quantities and classifications are to be made by the ENGINEERING DIVISION as provided in paragraph 9.08
of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.B of the General
Conditions.
Article 5. PAYMENT PROCEDURES
JERRY D. SWEETSER, INC. 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 the
ENGINEERING DIVISION as provided in the General Conditions.
5.1. Progress Payments. The CITY OF FAYETTEVILLE shall make progress payments on account of the
Contract Price on the basis ofJERRY D. SWEETSER, INC.'S Applications for Payment as recommended by
the ENGINEERING DIVISION, on or about the 1st day of each month during construction as provided in
paragraphs 5.1.1 and 5.1.2 below and SC -14.02. All such payments will be measured by the schedule of
values established in paragraph 2.07 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 to the
Broyles Road Extension October 20, 2003
City of Fayetteville Engineering Division Page 00500-3
• •
percentage indicated below, but, in case, less the aggregate of payments previously made and less
such amounts as the ENGINEERING DIVISION shall determine, or the CITY OF FAYETTEVILLE
may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D 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 ENGINEERING DIVISION, and if the
character and progress of the Work have been satisfactory to the CITY OF
FAYETTEVILLE and the ENGINEERING DIVISION, the CITY OF FAYETTEVILLE, on
recommendation of the ENGINEERING DIVISION, 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 the CITY OF FAYETTEVILLE
as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if any
such items are setup for that type payment in the Specifications.
5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to JERRY D.
SWEETSER, INC. to 98 percent of the Contract Price (with the balance of 2 percent being
retainage), less such amounts as the ENGINEERING DIVISION shall determine, or the CITY OF
FAYETTEVILLE may withhold, in accordance with paragraphs 14.022.5 & 14.02.D of the General
Conditions.
5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs
14.07.B & C of the General Conditions, the CITY OF FAYETTEVILLE shall pay the remainder of the
Contract Price as recommended by the ENGINEERING DIVISION as provided in said paragraphs 14.07.B &
C.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce the CITY OF FAYETTEVILLE to enter into this Agreement JERRY D. SWEETSER, INC. makes
the following representations:
6.1. JERRY D. SWEETSER, INC. 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. JERRY D. SWEETSER, INC. 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. JERRY 11 SWEETS ER, INC. 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. JERRY D. SWEETSER, INC. 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
Broyles Road Extension October 20, 2003
City of Fayetteville Engineering Division Page 00500-4
•
or subsurface structures at or contiguous to the site which have been identified in the Supplementary
Conditions as provided in paragraph 4.02.A of the General Conditions. JERRY D. SWEETSER, INC.
accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions of the extent of the
"technical data" contained in such reports and drawings upon which JERRY D. SWEETSER, INC. is entitled
to rely as provided in paragraph 4.02 of the General Conditions.
JERRY D. SWEETSER, INC. acknowledges that such reports and drawings are not Contract Documents and
may not be complete for JERRY D. SWEETSER, INC. purposes. JERRY D. SWEETSER, INC.
acknowledges that the CITY OF FAYETTEVILLE and the ENGINEERING DIVISION 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. JERRY D. SWEETSER, INC.
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 JERRY D. SWEETSER, INC. and
safety precautions and programs incident thereto. JERRY D. SWEETSER, INC. 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. JERRY D. SWEETSER, INC. is aware of the general nature of work to be performed by the CITY OF
FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents.
6.6. JERRY D. SWEETSER, INC. has correlated the information known to JERRY D. SWEETSER, INC.,
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. JERRY D. SWEETSER, INC. has given the ENGINEERING DIVISION written notice of all conflicts,
errors, ambiguities, or discrepancies that JERRY D. SWEETSER, INC. has discovered in the Contract
Documents and the written resolution thereof by the ENGINEERING DIVISION is acceptable to JERRY D.
SWEETSER, INC. and the Contract Documents are generally sufficient to indicate and convey understanding
of all terms and conditions for performance and furnishing of the Work.
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between the CITY OF FAYETTEVILLE and JERRY
D. SWEETSER, INC. concerning the Work consist of the following:
7.1. This Agreement (pages 1 to 8, inclusive).
7.2. Performance and Payment Bonds, (Exhibits A and B respectively).
7.3. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by JERRY D. SWEETSER, INC. prior to signing Agreement.
Broyles Road Extension October 20, 2003
City of Fayetteville Engineering Division Page 00500-5
• •
7.5. General Conditions (pages 1 to 42, inclusive).
7.6. Supplementary Conditions (pages 1 to 13 inclusive).
7.9. Specifications consisting of Divisions 1 through 3 as listed in table of contents thereof.
7.10. Addenda numbers 0 to 0 inclusive.
7.11. One sets of drawings (not attached hereto) consisting of a cover sheet and additional sheets numbered
1 through 16 with each sheet bearing the following general title:
Broyles Road Ertension
7.12. The following which may be delivered or issued after the Effective Date of the Agreement and are
not attached hereto:
7.12.1. Notice to Proceed
7.12.2. All Written Amendments and other documents amending, modifying or supplementing the
Contract Documents pursuant to paragraph 3.04 of the General Conditions.
The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted
otherwise above).
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 paragraph 3.04 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. The CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. 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
Broyles Road Extension October 20, 2003
City of Fayetteville Engineering Division Page 00500-6
• •
Regulation sha 1l 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.
8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed
without a prior formal contract amendment approved by the Mayor and the City Council in advance of the
change in scope, cost or fees.
8.6. Freedom of Information Act. CITY OF FAYETTEVILLE contracts and documents prepared while
performing city contractual work are subject to the Arkansas Freedom of Information Act: If a Freedom of
Information Act request is presented to the CITY OF FAYETTEVILLE, the (contractor) will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of
Information Act (A.C.A. §25-19-10I et. Seq.). Only legally authorized photocopying costs pursuant to the
FOIA may be assessed for this compliance.
8.7. This contract must be interpreted under Arkansas Law.
IN WITNESS WHEREOF, the CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. have signed
this Agreement in quadruplicate. One counterpart each has been delivered to the CITY OF FAYETTEVILLE and the
ENGINEERING DIVISION, and two counterparts have been delivered to JERRY D. SWEETSER. All portions of
the Contract Documents have been signed, initialed, or identified by the CITY OF FAYETTEVILLE and JERRY D.
SWEETSER, INC. or identified by the ENGINEERING DIVISION on their behalf.
This Agreement will be effective on , 200 (which is the Effective Date of the
Agreement).
OWNER: City of Fayetteville CONTRACTOR: Jerry D. Sweetser, Inc.
By: By:
Mayor Dan Coody
Title
[CORPORATE SEAL] [CORPORATE SEAL]
Broyles Road Extension October 20, 2003
City of Fayetteville Engineering Division
Page 00500-7
• •
Attest * Attest
• If a Corporation, attest by the Secretary.
Address for giving notices Address for giving notices
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
License No.
Agent for service of process:
(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
Broyles Road Extension October 20, 2003
Page 00500-8
City of Fayetteville Engineering Division
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44
STAAREVIEW FORM - FINANCIAL OBLIGAiN
X AGENDA REQUEST
X CONTRACT REVIEW
GRANTREVIEW
For the Fayetteville City Council Meeting of: December 16, 2003
FROM:
Ron Petrie Engineering Community Planning & Engineering
Name
Division Department
ACTION REQUIRED: 1. Approval of a resolution awarding the construction contract in the amount of
$397,868.25 with Jerry D. Sweetser, Inc. for the construction of Broyles Road from Wedington Drive to the
Persimmon Place Subdivision. 2. Approval of a project contingency in the amount of $59,680.75 (15%) for
street light installation, materials testing, in-house management and inspection, and variations in final
quantities. 3. Approval of the attached budget adjustment.
COST TO CITY:
$457,549.00 S 78,400.00 Broyles Road Extension Impvs
Cost of this request
4470.9470.5809.00
Account Number
Category/Project Budget Program Category / Project Name
S
48,174.00 Street Improvements
Funds Used to Date Program / Project Category Name
03026.20 S 30,226.00 Sales Tax
Project Number
Remaining Balance Fund Name
BUDGET REVIEW:
X Budgeted Item X Budget Adjustment Attached
Budget Manager
11Da Y- 4)
CONTRACT/GRANT/LEASE REVIEW:
4114-A 70-4-Jejaci
ccounting Manager
City Att%irney
//!25/03
Date
ttl z51u3
Date
au 14
Internal ALditor
/l /V
1115/03
Date
Purchasing Manager Date
STAFFCOMMENDAT tall recommends approval of resolution, project contingency and budget adjust n 3
.�p�s ` /, of Received in Mayor's Office
Date
Divis on Head
Di
D p ment
rte.
Director
Finance 4 Internal Services Dir.
Ch{ef 9�ininist ive Offic-r
Mayor
D to
a - area Cross Reference:
Date
Previous Ord/Res#:
12-3jO.3
Date Orig. Contract Date:
/
Date
G
Date
Orig. Contract Number:
New Item:
Yes No
Clarice Pearman - Sweetser contract a _ __ Page 1
From: Clarice Pearman
To: Petrie, Ron
Date: 12/17/03 5:19PM
Subject: Sweetser contract
Ron, please get an original signed contract to me for the mayor's signature and to attach to the resolution
passed by the City Council December 16, 2003. I will need the contract before I can complete the
resolution processing.
Thanks.
Clarice
x309
Clarice Pearman - Re: Sweetser contract Page 1
From: Ron Petrie
To: Pearman, Clarice
Date: 12/18/03 8:19AM
Subject: Re: Sweetser contract
I need to get Sweetser to get together his bonds and insurance papers before I can put together those
contracts. I will get them to you, but it may take a few weeks.
»> Clarice Pearman 12/17/03 05:19PM »>
Ron, please get an original signed contract to me for the mayor's signature and to attach to the resolution
passed by the City Council December 16, 2003. I will need the contract before I can complete the
resolution processing.
Thanks.
Clarice
x309
Clarice Pearman - Re: Budget Adjustme Broyles Road
Page 11
From: Clarice Pearman
To: Springer, Kevin
Date: 1/6/04 11:11 AM
Subject: Re: Budget Adjustment - Broyles Road
I don't have anything signed until I have a contract. If you want to get the mayor's signature and make me
a copy that would be okay with me. I just need a copy to go with the resolution.
Thanks.
x309
Clarice Pearman - Budget Adjustment -
es Road Page 1
From: Kevin Springer
To: Pearman, Clarice
Date: 1/6/04 10:45AM
Subject: Budget Adjustment - Broyles Road
Can you go ahead and give me the signed copy of the Budget Adjustment for Broyles Road? Even
though we don't have a signed contract, the City Council approved the Budget Adjustment and we need to
get it posted into the system so that we can move forward the funding into 2004.
Thanks,
Kevin
Kevin Springer
Budget Manager
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8226
(479) 575-8225 - Fax
kspringer@ci.fayetteville.ar.us
Clarice Pearman - Sweetser contract a Page 1
From: Clarice Pearman
To: Petrie, Ron
Date: 1/6/04 10:49AM
Subject: Sweetser contract
This is a reminder regarding the resolution passed by the City Council on December 16, 2003. Please get
these to me as soon as possible. Budget and Research have been up here asking about the budget
adjustment. The resolution and other papers are not signed until the contract has received. Please get
this to me as soon as possible to close out these 2003 item.
Thanks.
Clarice Pearman
x309
•
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Project Manual
MICROFILMED
FAYETTEVILLE
CITY OF FAYETTEVILLE
ARKANSAS
Broyles Road Extension
Street & Drainage
Improvements
BID # 03-65
NOVEMBER 2003
SET No J.
Section 00020
ADVERTISEMENT FOR BIDS
BID # 03-65
Notice is given hereby that, pursuant to an order of the City Council of the City of Fayetteville, Arkansas, sealed
bids will be received at Room 306, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 2:30 p.m.
(local time) on Thursday, November 20, 2003, for furnishing all tools, materials and labor and performing the
necessary work for the construction of Broyles Road — Street & Drainage Improvements for 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 1,320 L.F. of 28' wide street with curb & gutter and
associated earthwork, below ground storm sewer, drainage structures, approximately 1,400 L.F. of 12" waterline,
and all items indicated in the Drawings and Specifications.
Drawings and specifications are on file and may be examined at the office of the Engineering Division, City of
Fayetteville. Copies of these documents may be obtained from the office of the engineer upon request and upon
payment of $50.00. This amount is not refundable.
Bidders of record must attend a mandatory pre-bid conference to be held on Monday, November 17, 2003 at
10:00 a.m. in the City of Fayetteville Engineering Division conference room at 125 West Mountain, Fayetteville,
Arkansas. Attendance is required for all biddcrs of record.
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.
Bidding Documents may be reviewed at the:
City of Fayetteville
Engineering Division (Phone: 479-575-8206)
125 W. Mountain
Fayetteville, AR 72701
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.
Pursuant to Ark. Code Annotated 22-9-203, the City of Fayetteville encouragcs all qualified small, minority and
women business enterprises to bid on and receive contracts for goods, services, and construction. Also, the City of
Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority,
and women business enterprises.
No Bids may be withdrawn within a period of 60 days after the date fixed for opening Bids.
The City Council 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 Council, and to reject nonconforming, non-responsive, or conditional Bids.
/s/ Peggy Vice
Peggy Vice, Purchasing Officer
Broyles Road — Street & Drainage Improvements
City of Fayetteville Engineering Division
October 17, 2003
Page 00020-1
Section No.
00005
00020 Advertisement for Bids
Section 00005
TABLE OF CONTENTS
Broyles Road Extension
Street, Water & Drainage Improvements
Title
Pages
Table of Contents 00005-1 to 00005-2
00020-1
BIDDING REQUIREMENTS
00100 Instructions to Bidders
00300 Bid Form
00350 Bid Bond
00100-1 to 00100-9
00300-1 to 00300-7
00350-1 to 00350-2
CONTRACT FORMS AND CONDITIONS
00500 Agreement Form Between Owner & Contractor 00500-1 to 00500-8
Construction Performance Bond - Exhibit A 00500-9
Construction Payment Bond - Exhibit B 00500-10
Certificates of Insurance - Exhibit C 00500-11
Notice to Proceed 00500-12
00700 General Conditions 1 to 42
00800 Supplementary Conditions 00800-1 to 00800-13
SPECIFICATIONS
Division 1 - General Requirements
01010 Summary of Work 01010-1 to 01010-2
01025 Measurement and Payment 01025-1 to 01025-13
01027 Applications for Payment 01027-1 to 01027-2
01035 Modification Procedure 01035-1 to 01035-3
01040 Coordination and Meetings 01040-1 to 01040-4
01051 Construction Surveys 01051-1 to 01051-2
01060 Regulatory Requirements 01060-1 to 01060-3
01090 Reference Standards and Abbreviations 01090-1 to 01090-3
01300 Submittals 01300-1 to 01300-4
01310 Progress Schedules 01310-1 to 01310-2
01410 Testing Laboratory Services 01410-1 to 01410-3
01500 Construction Facilities & Temporary Controls 01500-1 to 01500-5
01620 Storage and Protection 01620-1 to 01620-2
01630 Product Options and Substitutions 01630-1 to 01630-2
01700 Contract Closeout 01700-1 to 01700-5
Broyles Road Extension
City of Fayetteville Engineering Division
October 17, 2003
Page 00005-1
Division 2 - Site Work
02050 Demolition 02050-1 to 02050-2
02100 Site Preparation 02100-1 to 02100-3
02161 Excavation Safety 02161-1
02220
02230
02261
02270
02500
02581
02600
02615
02616
02622
02641
02644
02675
02720
02840
02900
Excavation and Embankment 02220-1 to 02220-8
Road Bed Preparation 02230-1 to 02230-5
Site Restoration 02261-1 to 02261-6
Slope Protection and Erosion Control 02270-1 to 02270-3
Asphaltic Cement Paving 02500-1 to 02500-9
Thermoplastic Pavement Markings 02581-1 to 02581-4
Pipelaying 02600-1 to 02600-4
Iron Pipe and Fittings 02615-1 to 02615-4
Polyethylene Encasement 02616-1 to 02616-2
Plastic Pipe & Fittings 02622-1 to 02622-4
Valves 02641-1 to02641-6
Fire Hydrant 02644-1 to 02644-3
Water System Maintenance of Service & Disinfection 02675-1 to 02675-4
Storm Sewer System 02720-1 to 02720-3
Signage 02840-1 to 02840-3
Landscaping 02900-1 to 02900-9
Division 3 - Concrete
03210 Reinforcing Steel 03210-1 to 03210-2
03316 Miscellaneous Concrete Work 03316-1 to 03316-10
End of Section 00005
Broyles Road Extension
City of Fayencville Engineering Division Page 00005-2
October 17, 2003
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Section 00100
INSTRUCTIONS TO BIDDERS
1 DEFINED TERMS
1.1 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 arc 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.
2 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.
3 PRE-BID CONFERENCE
3.1 A pre-bid conference will be held prior to the bid opening on the date as shown in the
Advertisement for Bids. Representatives of the City will be present to discuss the Project. Bidders
are required to attend and participate in the conference. Failure to attend will disqualify the
contractor's bid. The City will transmit to all prospective Bidders of record such Addenda as the
City considers necessary in response to questions arising at the conference.
4 EXAMINATION OF SITE AND CONTRACT DOCUMENTS
4.1 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.
Broyles Road Extension
City of Fayetteville Engineering Division
October 20,2003
Page 00100-1
No other information given or sounding made by the Owner or any official thereof, prior to the
execution of said contract, shall ever become a part of, or change the contract, drawings,
specifications and estimates, or be binding on Owner.
Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and
Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local
conditions; attend the pre-bid conference; inform themselves by their independent research and
sounding of the difficulties to be encountered, and all attending circumstances affecting the cost of
doing the work, and the time specified for its completion; and obtain all information required to
make an intelligent bid.
4.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are
necessary for full and complete information upon which the bid may be made and for which a
contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the
Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and
conditions that may be encountered, the kind, quality and quantity of the plans, work to be done,
excavation, and materials required and with full knowledge of the drawings, profiles, specifications,
and estimates and all provisions of the contract and Bonds.
4.3 Bidders shall promptly notify Engineer of all conflicts, errors, ambiguities, or discrepancies which
Bidder has discovered in or between the Contract Documents and such other related documents.
4.4 Information and data shown or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based upon information and data furnished to
Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer
do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided
otherwise in the Supplementary Conditions.
4.5 On request, Owner will provide each Bidder access to the site to conduct such examinations,
investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a
Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon
completion of such explorations, investigations, tests, and studies.
4.6 Reference is made to the General Requirements for the identification of the general nature of work
that is to be performed at the site by Owner or others (such as utilities and other prime contractors)
that relates to the work for which a Bid is to be submitted. On request, and as available, Owner will
provide to each Bidder, for examination, access to or copies of Contract Documents (other than
portions thereof related to price) for such work.
4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has
complied with every requirement of this Article 3, that without exception the Bid is premised upon
performing and furnishing the Work required by the Contract Documents and applying the specific
means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or
indicated or expressly required by the Contract Documents, that Bidder has given Engineer written
notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the
Contract Documents and that the written resolutions thereof by Engineer are acceptable to Bidder,
and that the Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performing and furnishing the Work.
Broyles Road Extension
City of Fayetteville Engineering Division
October 20, 2003
Page 00100-2
5 AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS
5.1 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 Contractor in performing the Work are identified in the
Contract Documents. All additional lands and access thereto required for temporary construction
facilities, construction equipment, or storage of materials and equipment to be incorporated in the
Work are to be obtained and paid for by Contractor. Easements for permanent structures or
permanent changes in existing facilities arc to be obtained and paid for by Owner unless otherwise
provided in the Contract Documents.
6 INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA
6.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true
meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions
from any part of the proposed Contract Documents, he should submit a written request for
interpretation thereof to the Engineer not later than seven days before the date set for bid opening.
The person submitting the request shall be responsible for its prompt delivery.
6.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum to all
holders of Bidding Documents. Only questions answered by formal written Addenda will be binding.
Oral and other interpretations or clarifications will be without legal effect. Owner will not be
responsible for any other explanations or interpretations of the proposed Contract Documents.
6.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or
Engineer.
7 APPROXIMATE ESTIMATE OF QUANTITIES
7.1 Engineer's estimate of quantities, on file at the City Engineer's office, is approximate only and shall
be the basis for receiving unit price bids for each item but shall not be considered by Bidders as
actual quantities that may be required for the completion of the proposed work. However, such
quantities, at the unit and lump sum prices bid for each item, shall determine the amount of each bid
for comparison of Bids and aid in determining the low and responsive Bidder for the purpose of
awarding the contract, and will be used as basis for fixing the amount of the required Bonds.
8 UNIT PRICES
8.1 Bidders must state a price for each item of work named in the Bid Form. Unit and Lump Sum prices
shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment, and
apparatus of every description to construct, erect, and finish completely all of the work as called for
in the Specifications or indicated on the Drawings.
8.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work
to be done. Bids which appear unbalanced and are deemed not to be in the best interest of Owner
may be rejected at the discretion of Owner.
Broyles Road Extension
City of Fayetteville Engineering Division
October 20, 2003
Page 00100-3
8.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the
Work required, and has reviewed the Drawings and Specifications to verify the full scope of the
Work.
9 BID FORM
9.1 Bids are due as indicated in the Advertisement For Bids.
9.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. Bid Form
shall not be removed from the bound Project Manual, nor shall bids be submitted on a photocopy of
the Bid Form. The unit price or lump sum bid for each item must be stated in figures and in words
in the appropriate blank spaces provided on the Bid Form. The figures must be clear and distinctly
legible so that no question can arise as to their intent and meaning. In case of a difference in the
written words and figures, the amount stated in written words shall govern. Discrepancies between
the multiplication of units of Work and unit prices will be resolved in favor of the unit prices.
Discrepancies between the indicated sum of any column of figures and the correct sum thereof will
be resolved in favor of the correct sum.
9.3 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called
for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions
to Bidders may be rejected as informal or non-responsive at the option of Owner. However, Owner
reserves the right to waive technicalities as to changes, alterations, or revisions and to make the
award in the best interest of Owner.
9.4 Address bids to Owner, and deliver to the address given in the Advertisement For Bids on or before
the day and hour set for opening the bids. Enclose the completed Bid Form and Project Manual in a
sealed envelope bearing the title of the project, the name of the Bidder, Bidder's Arkansas
Contractor's License Number (Optional), and the date and hour of the bid opening. If this sealed
envelope is delivered by a public carrier, it must be contained in another envelope addressed to
Owner and the attention of the project name. It is the sole responsibility of Bidder to see that the
Bid is received on time.
9.5 No Bidder shall divulge the information in the Bid to any person whomsoever, except those having a
partnership or other financial interest with him in the Bid, until after the bids have been opened.
10 SIGNATURE ON BIDS
10.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the
individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the
names of each member must be given, and the Bid signed by a member of the partnership, or a
person duly authorized. If the Bid is made by a company or corporation, the company or corporate
name must be given and the Bid signed by an officer or agent duly authorized. The corporate seal
must be affixed and attested by the secretary or an assistant secretary. The corporate address and
state of incorporation must be shown below the signature.
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October 20, 2003
Page 001004
10.2 All names must be typed or printed in black ink below the signature.
10.3 The address and telephone number for communications regarding the Bid must be shown.
10.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed
with Owner.
10.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda.
11 BID SECURITY
11.1 Bid security, in the form of a bid bond, certified check, or similar financial instrument, in the amount
stated in the Advertisement For Bids, must accompany each bid. Bid bonds for the difference in
price between low bidder and second low bidder will not be acceptable. The Successful Bidder's
security will be retained until Owner receives a signed Agreement and required Bonds and
Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement and
furnish the required contract security within fifteen days after the Notice of Selection, Owner may
annul the Notice of Selection and the Bid security of that Bidder will be forfeited.
11.2 The Owner reserves the right to retain the security of the three low bidders until the Successful
Bidder enters into the Contract or until sixty (60) days after bid opening, whichever is sooner. Cash
equivalent security of the second and third low bidder may be exchanged for an equivalent bid bond
after bid tabulations are complete or thirty (30) days after bid opening, whichever is sooner. If any
Bidder refuses to enter into an Agreement, Owner may retain Bidder's bid security as liquidated
damages but not as a penalty.
12 PERFORMANCE BOND AND PAYMENT BOND
12.1 Prior to signing the Agreement, Contractor shall furnish a surety performance Bond and a payment
Bond, equal to one hundred percent of the contract price.
12.2 Contractor shall include provisions in the bonds which will guarantee the faithful performance of the
prevailing hourly wage clause as required by the Arkansas Prevailing Wage Law, Arkansas Code
Annotated § 22-9-308(d).
12.3 Contractor shall pay all expenses in connection with the obtaining of said Bonds. The Bonds shall be
conditioned that Contractor shall faithfully perform the contract and shall pay all indebtedness for
labor and materials furnished or performed in the construction of such alterations and additions as
prescribed in this contract.
12.4 The surety company issuing the Bonds must be a solvent company on the "Surety Companies Annual
List" issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in an
amount greater than the underwriting limitations for the surety company as set out therein.
12.5 In Arkansas, prevailing law requires that performance and payment Bonds on public works contracts
shall be executed by a resident local agent who is licensed by the Insurance Commissioner to
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