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HomeMy WebLinkAbout52-04 RESOLUTION•
Section 00500
AGREEMENT
BETWEEN CITY OF FAYETTEVILLE AND JERRY D. SWEETSER, INC.
THIS AGREEMENT is dated as of the day of 1 in the year 2004 by and between the
City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVELLE) and the Contractor
(herein after called JERRY D. SWEETSER, INC.).
CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC., in consideration of the mutual
covenants hereinafter set forth, agree as follows:
Article 1. WORK.
JERRY D. SWEETSER, INC. shall complete all Work as specified or indicated in the Contract
Documents.
The work generally consists of the construction of approx. 2,100 L.F. of 12' wide asphalt
multi -use trail with base, associated earthwork and demolition for Center Prairie Trail
Construction; and all items indicated in the Drawings and Specifications.
Article 2. ENGINEER.
The Project has been designed by
• City of Fayetteville Parks and Recreation Division
1455 South Happy Hollow Road
Fayetteville, Arkansas 72701
Crafton Tull & Associates, Inc
901 N. 47th Street Suite 200
Rogers, Arkansas 72756
who is hereinafter called PARKS AND RECREATION DIVISION PROJECT MANAGER and who
is to act as CITY OF FAYETTEVILLE'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 for the Project shall be substantially completed within 120 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 150 consecutive
calendar days after the date when the Contract Time commences to run.
City of Fayetteville
Page 00500-1 3/17/2004
3.2. Liquidated Damages. CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC.
recognize that time is of the essence of the Agreement and that 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 CITY OF FAYETTEVILLE if the Work is not completed on time.
Accordingly, instead of requiring any such proof, 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 CITY OF FAYETTEVILLE Two hundred and fifty dollars
($250.00) 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, ifJERRY
D. SWEETSER, INC. 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 CITY OF FAYETTEVILLE, JERRY D. SWEETSER, INC. shall
pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that
expires after the time specified in paragraph 3.1 for completion and readiness for final payment.
Article 4. CONTRACT PRICE.
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:
471forall-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.
City of Fayetteville
Page 00500-2 3/17/2004
•
ITEM DESCRIPTION
PAYMENT ITEMS
•
UNITS QUAN. UNIT $ ESTIMATE
Color denotes a discrepancy in quantity
SUBTOTAL
TOTAL
374,530.
5374,530.55
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 PARKS AND RECREATION
DIVISION PROJECT MANAGER 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 PARKS AND RECREATION DIVISION PROJECT MANAGER as provided in
the General Conditions.
City of Fayetteville
Page 00500-3 3/17/2004
MOBILIZATION
L.S.
1.0
2500.00
2,500.00
2
STAKING
L.S.
1.0
4,600.00
4,600.00
3
CLEARING AND GRUBBING (2) (5) (6)
L.S.
1.0
18,000.00
18,000.00
4
MAINTENANCE OF TRAFFIC
LS
1.00
3,500.00
3,500.00
5
TREE PROTECTION FENCING (18)
LF
300.00
12.00
3,600.00
6
REMOVE AND DISPOSE OF CONCRETE CURB
LF
24.00
25.00
600.00
7
REMOVE AND DISPOSE OF EXISTING TIMBER PEDESTRIAN BRIDGE
L.S.
1.0
500.00
500.00
8
REMOVE AND DISPOSE OF EXISTING PIPE CULVERT
EACH
1.0
200.00
200.00
9
CULVERT CLEANOUT
EACH
1.0
500.00
500.00
10
EXCAVATION SAFETY
LS
1.00
2,500.00
2,500.00
11
UNCLASSIFIED EXCAVATION
CY
40.73
50.00
2,036.50
12
COMPACTED EMBANKMENT -SELECT HILLSIDE MATERIAL (BORROW) IN-PLACE
C.Y.
487.0
24.00
11,688.00
13
TEMPORARY BALE BARRIERS (10)
L.F.
200.0
10.00
2,000.00
14
TEMPORARY SILT FENCE (18)
L.F.
1000.0
8.00
8,000.00
15
SEED AND MULCH (15)
AC.
0.5
4,000.00
2,000.00
16
IMPORTED TOP SOIL (10)
CY
50.00
35.00
1,750.00
17
AGGREGATE BASE (CLASS 7)
C.Y.
685.7
29.00
19,885.30
18
PRIME COAT
GAL
343.8
3.50
1,203.30
19
PRIME COAT (LIBRARY TRAIL AREA)
GAL
49.4
0.00
20
ASPHALT CONCRETE TYPE 3"
TON
223.1
45.00
10,039.50
21
ASPHALT CONCRETE TYPE 3" (LIBRARY TRAIL AREA)
TON
25.7
0.00
22
CONCRETE TRAIL (LIBRARY TRAIL AREA)
S.Y.
345.0
55.00
18,975.00
23 •
CONCRETE TROLL RAMP
EA.
1.0
1,200.00
1,200.00
24
30" CMP Pipe (17)
LF
46.0
75.00
3,450.00
25
30 - inch FLARED END SECTION CS PIPE CLVT.
EA
2.0
700.00
1,400.00
26
PRECAST R.C. BOX CLVT. (5'X4')
LF
33.0
820.00
27,060.00
27
1.5' FIELD STONE GROUTED
SY
150.0
75.00
11,250.00
28
25PRECAST CONCRETE INTERIOR BEAM
EA
3.0
6,700.00
20,100.00
29
CLASS S CONCRETE - ROADWAY, 3500 PSI
CY
6.6
800.00
5,280.00
30
REINFORCING STEEL - ROADWAY, 60KSI
LB
760.0
1.50
1,140.00
31
FLOWABLE SELECT MATERIAL
CY
6.0
150.00
900.00
32
RETAINING WALL
SF
1670.0
27.00
45,090.00
33
FENCE STYLE CLF (4' HIGH NOBAR) (8)
L.F.
a5010
16.50
4'425!00
34
PEDESTRIAN FLASHING LIGHT SYSTEM (19)
EA
1.0
34,650.00
34,650.00
35
ADDITIONAL RED OR YELLOW 8' SEALED LED LIGHT
EA
2.0
375.00
750.00
36
DECORATIVE TRAIL LIGHTING (20)
EA
10.0
3,100.00
31,000.00
37
DECORATIVE TRAIL LIGHTING (WITH HOUSE SIDE SHIELD) (20)
EA
10.0
3.150.00
31,500.00
38
1 1/2 " SCHEDULE 40 ELECTRICAL CONDUIT TRENCHED IN-PLACE (21)
L.F.
2100.0
4.85
10,185.00
39
BENCH ON CONCRETE PAD (18)
EA
6.0
1,900.00
11,400.00
40
CEDAR SIGN POST INSTALLED (13)
L.F.
130.0
8.00
1,040.00
41
NON -REMOVABLE BOLLARD (9)
EA.
6.0
500.00
3,000.00
42
REMOVABLE BOLLARD (9)
EA.
3.0
750.00
2 250.00
43
SHEET ALUMINUM SIGNS (16)
S.F.
156.1
19.50
3,043.95
44
2 UT SQUARE TUBE POSTS (13)
L.F.
112.0
8.00
896.00
45
THERMO. PVMT. MARKING (WORDS)
EA
6.0
380.00
2,280.00
46
THERMO. PVMT. MARK. WHITE (24")
LF
96.0
23.00
2,208.00
47
TRAFFIC STRIPE (PAINT) (4" WIDE) (7)
L.F.
2300.0
0.85
1,955.00
48
DEDUCTIVE ALTERNATE (1) DECORATIVE TRAIL LIGHTING (20)
EA
5.0
-15,500.00
49
DEDUCTIVE ALTERNATE (2) DECORATIVE TRAIL LIGHTING (WITH HOUSE SIDE SHII
EA
5.0
-15,750.00
Color denotes a discrepancy in quantity
SUBTOTAL
TOTAL
374,530.
5374,530.55
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 PARKS AND RECREATION
DIVISION PROJECT MANAGER 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 PARKS AND RECREATION DIVISION PROJECT MANAGER as provided in
the General Conditions.
City of Fayetteville
Page 00500-3 3/17/2004
•
5.1. Progress Payments. CITY OF FAYETTEVILLE shall make progress payments on account
of the Contract Price on the basis of JERRY D. SWEETSER, INC.'s Applications for Payment as
recommended by PARKS AND RECREATION DIVISION PROJECT MANAGER, 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 umts 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 percentage indicated below, but, in case, less the aggregate of payments
previously made and less such amounts as PARKS AND RECREATION DIVISION
PROJECT MANAGER shall determine, or 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 PARKS AND
RECREATION DIVISION PROJECT MANAGER, and if the character and
progress of the Work have been satisfactory to CITY OF FAYETTEVILLE and
PARKS AND RECREATION DIVISION PROJECT MANAGER, CITY OF
FAYETTEVILLE, on recommendation of PARKS AND RECREATION
DIVISION PROJECT MANAGER, 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
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 PARKS AND RECREATION DIVISION
PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in
accordance with paragraphs 14.02.B.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, CITY OF FAYETTEVILLE shall pay the
remainder of the Contract Price as recommended by PARKS AND RECREATION DIVISION
PROJECT MANAGER as provided in said paragraphs 14.07.B & C.
Article 6. JERRY D. SWEETSER, INC.'S REPRESENTATIONS.
City of Fayetteville
Page 00500-4 3/17/2004
In order to induce 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 D. SWEETSER, 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 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.'s purposes. JERRY D.
SWEETSER, INC. acknowledges that CITY OF FAYETTEVILLE and PARKS AND
RECREATION DIVISION PROJECT MANAGER 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 tennis and conditions of the Contract Documents.
6.5. JERRY D. SWEETSER, INC. is aware of the general nature of work to be performed by
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 con -elated 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,
City of Fayetteville
Page 00500-5 3/17/2004
explorations, tests, studies, and data with the Contract Documents.
6.7. JERRY D. - SWEETSER, INC. has given PARKS AND RECREATION DIVISION
PROJECT MANAGER 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 PARKS AND RECREATION DIVISION PROJECT MANAGER 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 CITY OF FAYETTEVILLE
and JERRY D. SWEETSER, INC. concerning the Work consist of the following:
7.1. This Agreement (pages 1 to 7, inclusive).
1.2. 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 Notice of Selection
(Exhibit D).
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 16 as listed in table of contents
thereof.
7.10. Addenda numbers 1 through 4 , inclusive.
7.11. One set of drawings (not attached hereto) consisting of: a cover sheet and additional
sheets numbered two through twenty-eight with each sheet bearing the following general
title: Center Prairie TraiL
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).
City of Fayetteville Page 00500-6 3/17/2004
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. 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 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 stncken provision.
8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be
allowed without a prior forrhal 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 contract 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, JERRY D. SWEETSER, INC will
do everything possible to provide the documents in a prompt and timely //tamer as prescribed in
the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized
photocopying costs pursuant to the FOIA may be assessed for this compliance.
City of Fayetteville
Page 00500-7 3/17/2004
•
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. have
signed this Agreement in quadruplicate. One counterpart each has been delivered to CITY OF
FAYETTEVILLE and PARKS AND RECREATION DIVISION PROJECT MANAGER, and two
counterparts have been delivered to JERRY D. SWEETSER, INC.. All portions of the Contract
Documents have been signed, initialed, or identified by CITY OF FAYETTEVILLE and JERRY D.
SWEETSER, INC. or identified by PARKS AND RECREATION DIVISION PROJECT MANAGER
on their behalf.
This Agreement will be effective on 443ri 1 , 2004 (which is the Effective Date of
the Agreement).
CITY OF FAYETTEVILLE: City of Fayetteville
INC.:
Attest
76,,A2J
Address for giving notices
* Attest
JERRY D. SWEETSER,
•
Title StgilatilaftWEETSER
[CORPORATE SEAL]
* If a Corporation, attest by the Secretary.
Address for giving notices
590 WEST POPLAR
FAYETTEVILLE, AR 72703
(If CITY OF FAYETTEVILLE is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
City of Fayetteville
Agent for service of process:
License No.
ARKANSAS CONTRACTOR UCENSE •
0027470304
VVIU_IAM G. SWEETSER
(If JERRY D. SWEETSER, INC. is a corporation, attach
evidence of authority to sign)
Page 00500-8 3/17/2004
City of Fayetteville
Exhibit C
•
CERTIFICATES OF INSURANCE
Page 00500-11 3/17/2004
•
•
NOTICE TO PROCEED
TO:
PRQJECT: Center Prairie Trail
DATE:
You are hereby notified to commence WORK in accordance with the Contract dated
on or before ,and you are to substantially complete the WORK
within one hundred and twenty consecutive calendar days thereafter and have the Work complete and
ready for final payment within thirty consecutive calendar days thereafter. The date for Substantial
completion is therefore . The date for final completion is therefore
CITY OF FAYETTEVILLE, ARKANSAS
City of Fayetteville
By
Trails and Greenways Coordinator
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by
this the day of
By
Title
City of Fayetteville
, 2004.
Page 00500-12 3/17/2004
CORPORATE RESOLUTION
'OF
BOARD OF DIRECTORS
OF
JERRY D. SWEETSER, INC.
I, Sharon Sweetswer, certify that I am the secretary and treasurer of Jerry D. Sweetser, Inc.,
a corporation legally organized and existing under and by virtue of the laws of the State of
Arkansas, and that I am the custodian of the records and the seal of the corporation; that at a
meeting of the board of directors of the corporation duly and legally called and held in accordance
with the law and the bylaws of the corporation on the 5'h day of May 1999, at which meeting a
quorum of the board of directors of the corporation was present, the following resolutions were
duly adopted by the board of directors of the corporation and are set forth in the minutes of the
meeting, namely:
"BE IT RESOLVED, by the board of directors of this corporation that:
That Jerry D. Sweetser as CEO of the Corporation, William G. Sweetser as President of the
Corporation and Sharon Sweetser as Secretary and Treasurer of the Corporation, are authorized to
sign any and all contracts, deeds, assurances or any document which may be proper to effectuate
the negotations or transactions of the corporation.
That Jerry D. Sweetser as CEO of the Corportion, William G. Sweetser as President of the
Corporation and Sharon Sweetser as Secretary and Treasurer of the Corporation, any one or jointly
are authorized to sign any and all contracts, deeds, assurances or any document which may be
proper to effectuate the negotations or transactions of the corporation from time to time on behalf of
this corporation.
The above resolution will continue in force until express wntten notice of its rescission or
modification has been received.
I further certify that the above resolutions have not been in any way altered, amended or
rescinded; they are not in contravention of or in conflict with any of the conditions or provisions of
the bylaws or charter of the corporation; and they are now in full force and effect.
1 further certify that the names of all presently qualified and acting officers of the
corporation are as follows, and that the genuine signatures of those presently authorized to sign for
the corporation pursuant to the above resolutions appear below, identified by their signature:
Page 1 of 2 Pages
William weetser, President
Sharon Sweetser, ecret ry/Treasuret
IN WITNESS WHEREOF, I have hereunto set my hand as Secretary of said corporation
and have affixed hereto the official seal of the corporation this day of , 1999.
ATTEST:
President
Page 2 of 2 Pages
rek.o___ Si a
tary
f • •
TheSflbuI
Surety
PERFORMANCE AND PAYMENT BOND
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Fidelity and Guaranty Insurance Company
Principal Office: 385 Washington Street
St. Paul, Minnesota 55102
Seaboard Surety Company
Principal Office; 5801 Smith Avenue
Baltimore, Maryland 21209
SY6988
Bond Number
1CNOW ALL MEN BY THESE PRESENTS, that we Jerry D. Sweetser, Inc.
Fayetteville, AR
of
as Principal, and Sr .. Raul F -I rp & Mnrinp Triq en. a corporation, having its principal office and place of
business in the City of S t . Paul, Minnesota
as Surety, are held and firmly bound unto
City of Fayetteville, AR
as Obligee, in the sum of Three Hundred Seventy Four Thousand Five Hundred Thirty Dollars
and 55/100
Dollars ($ 374,530.55
)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents.
Signed, sealed and dated5 t
, 3 / -- day of in -A R 0 L
WHEREAS, the Principal has entered into a certain written contract dated the day of
furnishing all labor and
. with the Obligee for
materials f r Center Prairie Multi Us° Trail, Payet-tAlrilla, AR
NOW THEREFORE, the condition of this Obligation is such, that if the Principal shall faithfully perform said contract according
to its terms, covenants and conditions and shall promptly pay all persons supplying labor or material to the Principal for use in the
prosecution of the work under said contract, then this obligation shall be void; otherwise it shall remain in full force and effect.
Subject to the named Obligee's priority, all persons who have supplies labor or material directly to the Principal for use in the
prosecution of the work under said contract shall have a direct right of action under this bond.
The Surety's aggregate liability hereunder shall in no event exceed the amount set forth above.
No claim, suit or action shall be brought hereunder after the expiration of one (1) year following the date on which Principal
ceased work on said contract. If this limitation is made void by any law controlling the construction hereof, such limitation shall be
deemed to be amended to equal the minimum period of limitation permitted by such law.
86103 Rev. 9-1999 Printed in U.S.A.
Surety Company:
St. Paul Fire & Marine Ins. Co.
Attomey-in-Fact
(Seal)
(Seal)
•
St Ul Surety •
St. Pant Fire and !Herbst Imaranee Company
St. Peal Guardian Insurance Company
St Paul Mercury Imamate Company
Seaboard Surety Company
•
United States Fidelity and Ganranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
8t. Paul Medias] Liability Insurance Company
Bond No.
sY6988
RIDER CONTAINING
DISCLOSURE NOTICE OF TERRORISM COVERAGE
This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the
"Act"). No action is required on your part. This Disclosure Notice is incorporated in
and a part of the attached bond, and is effective the date of the bond.
You should know that, effective November 26, 2002, any losses covered by the
attached bond that are caused by certified acts of terrorism would be partially
reimbursed by the United States under a formula established by the Act. Under this
formula, the United States reimburses 90% of covered terrorism losses exceeding
the statutorily established deductible paid by the insurance company providing the
coverage.
Under the Act, there is a cap on our liability to pay for covered terrorism losses if the
aggregate amount of insured losses under the Act exceeds $100,000,000,000 during
the applicable period for all insureds and all insurers combined. In that case, we will
not be liable for the payment of any amount which exceeds that aggregate amount of
$1001000,000,000.
The portion of your premium that is attributable to coverage for acts of terrorism is
$0.00.
IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO
CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY.
IbeSlaw!
Power of Attorney No.
•
POWER OF ATTORNEY
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
20778
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Certificate No. 18008 53
KNOW ALL MEN BY THESE PRESENTS • That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
Si. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do
hereby make, constitute and appoint
Roland Julian, Cecil Bridgers, Adrian Luttrell, Christine Piker, Donna Tito and Robert M. Davis
Fayetteville Arkansas
of the City of State their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or perfnitted in any actions or proceedings allowed by law.
t.\ .° ".•-' 440
. .....7 t NV
IN WITNESS WHEREOF, the Companies have caused this instrument to be lasignedianthsealed this.) 88319th day of May 2003
SI4P17-0S14%'4N rrC.9
Seaboard Surety Company 4 c 1? 46 ...e.:„
St. Paul Fire and Marine Insuramce,Compani 11- ..skjsylVUnited States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurance‘Comtavny4.
..c•liellii• iv} i
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance Company s" 0- 4c.,,,*
,,t,SCt'ectiv° t:49
State of Maryland
City of Baltimore
PETER W. CARMAN, Vice President
r—rite*ag,a
THOMAS E. HUIBREGTSE, Assista t Secretary
On this 19th day of May 2003 before me, the undersigned officer, personally appeared Peter W. Carman and
Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 1st day of July, 2006.
86203 Rev. 7-2002 Printed in U.S.A.
SAtte4-4AAI
"Ad
REBECCA EASLEY-ONOKALA. Notary Public
•
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United.States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and
effect, reading as follows:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertalcings, contracts and other instruments relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued 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 any 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 Attorney(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, 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; and
RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of
Attorney issued 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 shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
I. Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, Si. Paul Guardian Insurance Company,
St. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Underwriters, Inc. 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 in full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF, I hereunto set my hand this
day of
re\•-7-zL4 Lt -
Thomas E. Huibregtse, Assistant Se retary
"ta.. th:1 ttelkidlfr
To venfy the authenticity of this Power of Attorney, call 1-800-42413880 and Mk forfrthe Power of Attoi.ney clerk. Please refer to the Power of Attorney number,
the above-named individuals and the details of the bond to which the powir,anttache-745,
\s-
ni031
(cfr
ctoxes.
ifrg."44k
;SE—ii
AL4e;
••••tiit `7".zpe
Acorn)
CERTIFICP*
OF LIABILITY
#10
CSR SP
INSUIVC.T-1
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND,
ALTER THE COVERAGE AFFORDED BY THE POLICIES
DATE (MNVDD/TY)
03/23/04
EXTEND OR
BELOW.
POLICY EFFECTIVE
DATE (MWDD/YY)
PRODUCER
Eason Insurance Agency
2340 Green Acres Rd, Suite
P .0. Box 4217
Fayetteville AR 72703
Phone: 479-521-2233
INSURERS AFFORDING COVERAGE
INSURED
Jerry Sweetser,
590 W. Poplar
Fayetteville AR
1
Inc.
72703
INSURER A: CNA
INSURER B:
INSURER C:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSUFtANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MWDD/YY)
POLICY EXPIRATION
DATE (MM)DD/YY)
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
51,000,000
A
X
COMMERCIAL GENERAL LiAeury
C10 7 3335365
10/30/03
10/30/04
FIRE DAMAGE (Any one fire)
$ 100,000
CLAIMS MADE
X
OCCUR
MED EXP (Any one person)
$ 5,000
PERSONAL Er ADV INJURY
5 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS • COMP/OP AGG
52 r 000 , 000
POLICY
PRO -
JECT
LOC
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
A
X
ANY AUTO
C2020181979
10/30/03
10/30/04
(Ea accident)
51,000,000
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
(Per person)
$
X
HIRED AUTOS
BODILY INJURY
X
NON -OWNED AUTOS
(Per accident)
$
PROPERTY DAMAGE
(Pet accident)
$
GARAGE
LIABILITY
AUTO ONLY • EA ACCIDENT
$
ANY AUTO
EA ACC
OTHER THAN
$
AUTO ONLY: AGG
$
EXCESS LIABILITY
EACH OCCURRENCE
5
OCCUR
CLAIMS MADE
AGGREGATE
$
$
DEDUCTIBLE
$
RETENTION $
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
WL SIAIU-
TORY LIMITS
U i H -
ER
A
WC220181996
10/30/03
10/30/04 '
E.L. EACH ACCIDENT
5100000
EL. DISEASE - EA EMPLOYEE
5100000
E.L. DISEASE POLICY LIMIT
5500000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS
JOB: CENTER PRAIRIE
ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
MULTI USE TRAIL, FAYETTEVILLE, AR
e.t.a-neinAwe net. no—ns
--
14 INSURED; INSURER LETTER:
ELLAfiON
City Of Fayetteville
113 W. Mountain
Fayetteville AR 72701
ACORD25-S (7/97)
CITY001
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT7ON
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Robert Michael Davi
CD COR' 0 RPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 254 (7/97)
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2004
Department: Sales Tax Capital Improvements
Division:
Program:
Date Requested
3/16/2004
Adjustment Number
Project or Item Requested:
$411,984 is requested in the Center Prairie Trail capital
project # 04028.
Project or Item Deleted:
To reduce Trail Development capital project # 02016 by
$411,984. This project is consolidated trail funding to be
moved to individual trails when needed.
Justification of this Increase:
The funding has been allocated for Center Prairie Trail
project # 04028.
Justification of this Decrease:
This adjustment is administrative.
Increase Budget (Decrease Revenue)
Account Name Account Number Amount Project Number
Trailways and sidewalks 4470 9470 5814 00 411,984 04028
Decrease Budget (Increase Revenue)
Account Name Account Number Amount Project Number
Park improvements
4470 9470 5806 00 411,984 02016
A prova
Ir
:41
ri.owlevz
atures
equested By te
Budget Manager
Date
Department Director Date
Finance & Internal Services Director Date
Mayor Date
Budget Office Use Only
Type: A B C
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Initial Date
Initial Date
Initial Date
Initial Date
•
NAME OF FILE: Resolution No. 52-04
w/agreement
CROSS REFERENCE:
Document
•
owls. 1. --
1
03/17/04
memo to mayor & city council
2
draft resolution
3
copy of proposed agreement
4
copy of purchase requisition
5
03/24/03
Staff Review Form
6
04/08/04
memo to Steve Hatfield
NOTES: