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HomeMy WebLinkAboutOrdinance 5578ORDINANCE NO.5578 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH A CONTRACTOR PROVIDING THE LOWEST PRICE QUOTE FOR REPAIR TO A SLOPE FAILURE ON RODGERS DRIVE, AND APPROVING A BUDGET ADJUSTMENT WHEREAS, recent rainfall has aggravated ongoing problems with slope stability on the north side of the Rodgers Drive water tanks, and WHEREAS, as a result of slope failure a portion of Rodgers Drive has been compromised, and WHEREAS, timing of this repair is critical and in order to expedite the hiring process, a waiver of the requirements of competitive bidding is appropriate, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes the Mayor to sign a contract with a contractor providing the lowest price quote for repair to a slope failure on Rodgers Drive. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, attached as Exhibit "A". ����niiii+►►►► PASSED and APPROVED this 16th day of April, 2013. APPD nvMrl. ATTEST: Rpor AIM- rr,�•I� �Illllllt 1 1 \ti``, By: SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas V 12.0724 Budget Adjustment Form Budget Year Division: Citywide Request Date Adjustment Number 2013 1 Department: Citywide 4/16/2013 BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION Rodgers Drive is experiencing a sliding hillside and is in need of emergency repair Di " ion He Date udget Director Date ❑epartment Director ❑ate Fin ce Director Date Dale cbwl € Staff i to or Account Name Street improvements Use of fund balance Prepared By: Fell, Barbara Reference: Budget & Research Use Only Type: A B. C E P General Ledger Date Posted to General Ledger Initial Date Checked / Verified Initial Date TOTAL BUDGET ADJUSTMENT 250,000 250,000 Increase / (Decrease) Project.Sub Account Number Expense Revenue Number 4470.9470.5809.00 250,000 - 13029 1 4470.0947.4999.99 250,000 H:\Budget\Budget Adjustments\2013_Budget\Barbara\Rodgers Drive Repair 1 of 1 411 City of Fayetteville Staff Review Form Chris Brown Submitted By City Council Agenda Items and Contracts, Leases or Agreements 4/16/2013 City Council Meeting Date Agenda Items Only Engineering Development Services Division Department Action Kequirea: An Ordinance waiving the requirements of competitive bidding and authorizing the Mayor to sign a contract with the contractor that provides the lowest quote for repair of a slope failure on Rodgers Drive. $ 250,000.00 Cost of this request y y7Q r 175(70, 5,70y, oo _ Account Number / 302c� $ Project Number Budgeted Item Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached - l - q-� , it Department Nrector Date orney Date �P a wa, ►6,,u L3 Finance and Internal Services Director Date —� Date comments: Program Category / Project Name Program / Project Category Name Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office Revised January 15, 2009 rayLrleARKANSAS� To: Mayor and City Council Thru: Don Marr, Chief of Staff Terry Gully, Transportation Services Director From: Chris Brown, City Engineer Date: April 15, 2013 Subject: Bid Waiver for Repairs to Rodgers Drive PROPOSAL: THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Council Meeting of April 16, 2013 Recent rainfall has aggravated an ongoing problem with the slope stability on the north side of the Rodgers Drive water tanks. As a result of the slope failure, a portion of Rodgers Drive has been compromised. The south side (east bound lane) of Rodgers Drive has settled and is gradually sliding down the hill. For many homes in this area, Rodgers Drive is the only means of ingress and egress. Earlier this week Engineering Staff met with GTS, Inc. onsite and requested a proposal to provide a geotechnical design for the repair of this slope failure. These services will include taking borings at various locations throughout the project to sample the soils and to determine the depth to bedrock (if less than 10 feet). These soil samples will then be analyzed in the GTS lab to determine the structural characteristics and limits. This data will enable GTS to provide a retaining wall design for this repair project. Once the design is complete, a contractor will be hired to construct the repairs. In order to expedite this hiring process, a waiver of the requirements of competitive bidding is requested. RECOMMENDATION: Staff recommends approval of an ordinance waiving the requirements of competitive bidding and authorizing the Mayor to sign a contract with the lowest bidder from a minimum of three bids. BUDGET IMPACT: The attached budget adjustment identifies the source of funds for the project. The preliminary estimate for the work is $250,000. ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH A CONTRACTOR PROVIDING THE LOWEST PRICE QUOTE FOR REPAIR TO A SLOPE FAILURE ON RODGERS DRIVE, AND APPROVING A BUDGET ADJUSTMENT WHEREAS, recent rainfall has aggravated ongoing problems with slope stability on the north side of the Rodgers Drive water tanks, and WHEREAS, as a result of slope failure a portion of Rodgers Drive has been compromised, and WHEREAS, timing of this repair is critical and in order to expedite the hiring process, a waiver of the requirements of competitive bidding is appropriate, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes the Mayor to sign a contract with a contractor providing the lowest price quote for repair to a slope failure on Rodgers Drive. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, attached as Exhibit "A", recognizing revenue from letters of credit. PASSED and APPROVED this 16t" day of April, 2013 .APPROVED: M. LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer N W-<� E s 1 inch = 200 feet O z APPLEBY RD i DRAKE ST (o 1� w Sk��C MEADS ST ps a Z� $J ti ` lkyD CASSATT ST s g Lu ¢ > w vr-s to TRY oTO► Hr� � Q GARRETT D I �,F- ELMST ELM.STWp¢ � �POPLARS CC m ¢ q V 1 DEANS ST W ►pH ST ASH ST O �, gLV4] r� ¢ W a a (( SYCAMORE ST Q ¢ ¢ z > �` ER ST _ z Y a LAWSON ST Q N O HOLLY S7Cr h i . RTH ST � OI,FAS C i lu BAXTER LN CLEVELAND ST Y PROSPECT ST 4 QNOR DR DOl1GLA5 S IiI SLA -.CA ST ROCKWOOD i 451t U Er E sr PROJECT SITE v DICKS O ST ¢ Q 1 1O G 7 W i ❑ z [wi � RO C�FS�� � 9 u ROCK ST'W ERS i L WYMAN RD �H ST W 5TH ST T tt $ C �ONsv1 a0 n s ❑ n ��y V ao 9 ¢¢ 1 3TH ST i m w 15 HST r �{ y�,W a 19TH ST GOFF FA o _ AD CATO SP INGS RO ir w O 0 cc U � .. SKEIr� S7 $O9 PRIVAT 3pa3 0_ RODGERS DRIVE SLOPE REPAIR 79. RECEIVED MAY 0 2 2013 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE NORTHWEST ARKANSAS DEMOCRAT-WETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS NORTHWEST ARKANSAS TIMES LLC BENTON COUNTY DAILY RECORD 212 NORTHEAST AVENUE, FAYETTEVILLE. ARKANSAS72701 1 P.O. BOX 1607, 72702 1 479-442-1700 I WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Benton County and Washington County, Arkansas, of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ordinance No. 5578 Was inserted in the regular edition of The Northwest Arkansas Times on: April 25, 2013 Publication Costs: $ 84.31 —h nk 22=� Karen Caler Subscribed and sworn to before me This 25D day of66111, 2013. Om Notary Public My Commission Expires: �'" = CATHY I WILES �.M1w Benton County My Commission Expires t Februaty20.2014 •. atom ORDINANCE NO. %78 - — AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE live� Qt jn BIDDING AND AUTHORIZING THE MAYOR TO G Y G PROVIDINGTNEgWESITH A CONTRACTOR T PRICE QUOTE FOR ARKANSAS REPAIR TO A SLOPE FAILURE ON RODGERS DRIVE, AND APPROVING A BUDGET ADJUSTMENT WHEREAS, recent rainfall has aggravated ongoing problems with slope stability on the north side of the Rodgers Drive water tanks, and WHEREAS, promised, and as a result of slope failure a portion of Rodgers Drive has been com- WHEREAS, timing of this repair is critical and in order to expedite the hiring pro- cess, a waiver of the requirements of competitive bidding is appropriate, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEYILLE, ARKANSAS; Section 1: That the City Council of the City of Fayetteville. Arkansas hereby deter- mines an exceptional situation exists in which Competitive bidding Is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes the Mayor to.sign a contract with a contractor providing the lowest price quote for repair to a Slope failure on Rodgers Drive. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, attached as Exhibit "A". PASSED and APPROVED this 1 Gth day of April, 2013. APPROVED; ATTEST: By: By: LIONELD JORDAN. Mayor SONDRA E, SMITH, C' Exhibits; for this ordinance m CIerWTree Exhib ` May he viewed In the office of the City Clerk/meaasuresure r. **Do Not Pay from Affidavit** **Invoice will be sent** •City of Fayetteville Staff Review Form • City Council Agenda Items and Contracts, Leases or Agreements Chris Brown6u Submitted By Signature on Contracts for Rodgers Mayors Approval City Council Meeting Date Agenda Items Only Engineering Division Acuon Keouirea: $ 329,515.95 $ 360,000.00 Cost of this request Category / Project Budget 4470.9470.5809.00 $ - Funds Used to Date 13029 $ 360,000.00 Project Number Remaining Balance Budgeted Item Budget Adjustment Attached �x Department Dirktor Date Cit torney Date Fina ce and Internal Services Director Date Chief of St ate ay D to Comments: Development Services Department Rodgers Drive Repair Program Category / Project Name Street Improvements Program / Project Category Name Sales Tax Capital Improvements Fund Name Previous Ordinance or Resolution #� Original Contract Date: Original Contract Number: Received in City06-2 5— 1 3 PO I : 35 R C V O Clerk's Office I— 411-11W-j - - I Received in FA ER Mayor's Office Revised January 15, 2009 fayL ey1fle AN5A5- To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff P---- Jeremy Pate, Development Svcs. Director From: Chris Brown Date: June 26, 2013 Subject: Contract with Prime Contracting Inc. PROPOSAL: THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE The City Council passed Ordinance 5578 approving waiving competitive bids for Rodgers Drive. This action, and a subsequent budget adjustment to cover the amount of the low bid, authorizes the Mayor to sign a contract with the low bidder. After some delay in getting the proper Performance and Payment Bonds, the contractor has provided signed contracts for signature by the Mayor. BUDGET IMPACT: The contract will be funded by project 13029.1 using sales tax capiatal improvement funds. The contract amount is $329,515.95. 01 • City of Fayetteville Construction — Rodgers Drive Slope Failure Repair Contract — Between City and Contractor This contract executed this a 0 day of ZYLtOC- , 2013, between the City of Fayetteville, Arkansas, and Prime Contracting, Inc. In consideration of the mutual covenants contained herein, the parties agree as follows: Prime Contracting, Inc. at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items as stated in —Prime Contracting, Inc.'s bid proposal, and in accordance with specifications attached hereto and made a part hereof, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay Prime Contracting, Inc. based on their bid proposal in an amount not to exceed $329,515.95. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contract between the City of Fayetteville and Prime Contracting, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Plans, profiles, cross sections, and details prepared by GTS, Inc.; bid documents prepared by the City of Fayetteville and submitted with the bid by Prime Contracting Inc., including the contract time of 55 working days. B. Applicable parts of the AHTD Standard Specifications. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and Prime Contracting, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Prime Contracting, Inc. 5. Prime Contracting, Inc. shall not assign its duties under the terms of this agreement. 6. Prime Contracting, Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Prime Contracting, Inc. performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Prime Contracting, Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that they carry the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Prime Contracting, Inc. shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workmen's Compensation Comprehensive General & Automobile Insurance Bodily Injury Liability City of Fayetteville, AR Construction — Rodgers Drive Slope Failure Repair Page 1 of 2 Statutory Amount $500,000 for each person injured. $1,000,000 for each accident. Property Damage Liability $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by Prime Contracting, Inc. 8. Prime Contracting, Inc. to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Prime Contracting, Inc. with 10 days written notice. 10. 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. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 11. Changes in Scope or Price: 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. 12. Liquidated Damages: Contractor agrees to pay $100 per working day for each day beyond the contract completion time established in the bid. WITNESS OUR HANDS THIS DAY OF J11 a, , 2013. PRIME CONTRACTING, INC. By: �SLO dt 6J461 Signature 15rzi� 1), Q 1SOA TieSid 074- Printed Name & Title C--il-lil A EST (Signature) Company Secretary (Panted Name) Business Address ?0{3oX7114 *(=?Ub NC-gM6 , 46758 City, State & Zip Code Date Signed: _ 'QD' 1,3 City of Fayetteville, AR Construction — Rodgers Drive Slope Failure Repair Page 2 of 2 CITY OF/ FA By. `�.r•'v rust' LIONELD JORDAN LLE, ARKANSAS ATTEST: (Signature) Inch E. �(Mlw Sondra Smith, City Clerk ``q��nrrrrrh��i 1RK X" • s • Fq yE�EVl1 L! �' _�. r � Date Signed, %�` N. •Co ��`� ACORU0 C" CERTIF ATE OF LIABILITY INS ANCE DATE (MM/DDIYYYY) 6/19/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Barker Phillips Jackson 1637 S Enterprise Ave PO BOX 4207 Springfield MO 65804-4207 CONTACT HollyHall NAME: PHONENo. Extj(417) 8B7-3550 FAQ No). (417)887-3252 EMAIL .hhall@bpj.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:United Fire 6 Casualty Company 13021 INSURED Prime Contracting Inc Ozark Development Services PO BOX 744 Republic MO 65738 INSURERB:Accident Fund Insurance Company 10166 INSURERC: INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER:2012-2013 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLITYPE INSR SUER WVD NUMBER POLPOLICY MM DICDY EFF POLICY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 X COMMERCIAL GENERAL LIABILITY A CLAIMS -MADE ❑X OCCUR 60352597 0/1/2012 0/1/2013 MED EXP (Any one person) $ 5,000 PERSONAL BADVINJURY $ 1,000,000 X Contractual Liability GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 $ POLICY R PRO- LOC LIABILITY MBINAUTOMOBILE LIMIT (CEO, id 1,000,000 X BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 60352597 0/1/2012 0/1/2013 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOSAUTOS N Uninsured motorist BI-sin le $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 A` EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ 60352597U 0/1/2012 0/1/2013 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETORIPARTNER/EXECUTIVE X WC STATU- OT H- TORY LIMITS ER E.L. EACH ACCIDENT $ 500,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) N/A CV8005621 0/1/2012 0/1/2013 E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Ref: Rodgers Drive Slope Failure Repair, Fayetteville, AR. The Certificate Holder is an additional insured for General Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fayetteville, Arkansas ACCORDANCE WITH THE POLICY PROVISIONS. 125 W. Mountain AUTHORIZED REPRESENTATIVE Fayetteville, AR 72701 Holly Hall/HJH ACORD 25 (2010/05) INS025 (201005).01 C 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • • ORDINANCE NO.5578 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH A CONTRACTOR PROVIDING THE LOWEST PRICE QUOTE FOR REPAIR TO A SLOPE FAILURE ON RODGERS DRIVE, AND APPROVING A BUDGET ADJUSTMENT WHEREAS, recent rainfall has aggravated ongoing problems with slope stability on the north side of the Rodgers Drive water tanks, and WHEREAS, as a result of slope failure a portion of Rodgers Drive has been compromised, and WHEREAS, timing of this repair is critical and in order to expedite the hiring process, a waiver of the requirements of competitive bidding is appropriate, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes the Mayor to sign a contract with a contractor providing the lowest price quote for repair to a slope failure on Rodgers Drive. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, attached as Exhibit "A". .,Atnrrrurrj'; PASSED and APPROVED this 16`h day of April, 2013. APPn""n^. ATTEST: (•TR&s�,�' G:•G��Y OF 'GPc� �pYE.TI'EV11�LE: = • Gj • s s KANS �J•• V,�rNG TpN,��. By: h &-� 4�q /—)Y►�.s ' SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas V12.0724 Budget Adjustment Form Budget Year Division: Citywide Request Date Adjustment Number 2013 Department: Citywide 4/16/2013 BUDGET ADJUSTMENT DESCRIPTION ! JUSTIFICATION Rodgers Drive is experiencing a sliding hillside and is in need of emergency repair Prepared By: D' 'ion He Date Fell, Barbara Reference: udget Director Date Budget & Research Use Only Type: A B C E P Department Director Date. ,,,.,,,,, `1' I4'A013 General Ledger Date Fin 'Director Date Posted to General Ledger f Staff Da a Initial Date a-�, ;' Checked / Verified or Initial Date ry • . 4 Account Name Street improvements Use of fund balance TOTAL BUDGET ADJUSTMENT 250,000 250,000 Increase / (Decrease) Project.Sub Account Number Expense Revenue Number. 4470'9470:5809;00 250,000 - - 13029 1 44701_0947.49R9.99 250,000 - 4 H:1Budget\Budget Adjustments12013_Budget\Barbara\Rodgers Drive Repair 1 of 1 •City of Fayetteville Staff Review Form is City Council Agenda Items and Contracts, Leases or Agreements 4/16/2013 City Council Meeting Date Agenda Items Only Chris Brown Engineering Development Services Submitted By Division Department Action rcequirea: An Ordinance waiving the requirements of competitive bidding and authorizing the Mayor to sign a contract with the contractor that provides the lowest quote for repair of a slope failure on Rodgers Drive. $ 250,000.00 Cost of this request o , 9Y70. 5309, ov Account Number 1342Cf Project Number Budgeted Item Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached 0 Program Category / Project Name Program / Project Category Name 1PS TA-., �G�O�-7.I Fund Name �',E ►t ed a - A-t6.yt3 Previous Ordinance or Resolution # De=partmmeen�tNrector Date CX 1 orney Date 0. wa , 't- l6-�0 L3 Finance and Internal Services Director Date Date Comments: Original Contract Date: Original Contract Number: Received in City 041_1 ; _ p0`; V3 Clerk's Office ��%% .�A.1nAJ Received in Mayor's Office Revised January 15, 2009 Z• ayjjle ANSAS - To: Mayor and City Council Thru: Don Marr, Chief of Staff Terry Gully, Transportation Services Director From: Chris Brown, City Engineer Date: April 15, 2013 Subject: Bid Waiver for Repairs to Rodgers Drive PROPOSAL: • THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Council Meeting of April 16, 2013 Recent rainfall has aggravated an ongoing problem with the slope stability on the north side of the Rodgers Drive water tanks. As a result of the slope failure, a portion of Rodgers Drive has been compromised. The south side (east bound lane) of Rodgers Drive has settled and is gradually sliding down the hill. For many homes in this area, Rodgers Drive is the only means of ingress and egress. Earlier this week Engineering Staff met with GTS, Inc. onsite and requested a proposal to provide a geotechnical design for the repair of this slope failure. These services will include taking borings at various locations throughout the project to sample the soils and to determine the depth to bedrock (if less than 10 feet). These soil samples will then be analyzed in the GTS lab to determine the structural characteristics and limits. This data will enable GTS to provide a retaining wall design for this repair project. Once the design is complete, a contractor will be hired to construct the repairs. In order to expedite this hiring process, a waiver of the requirements of competitive bidding is requested. RECOMMENDATION: Staff recommends approval of an ordinance waiving the requirements of competitive bidding and authorizing the Mayor to sign a contract with the lowest bidder from a minimum of three bids. BUDGET IMPACT: The attached budget adjustment identifies the source of funds for the project. The preliminary estimate for the work is $250,000. • i ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH A CONTRACTOR PROVIDING THE LOWEST PRICE QUOTE FOR REPAIR TO A SLOPE FAILURE ON RODGERS DRIVE, AND APPROVING A BUDGET ADJUSTMENT WHEREAS, recent rainfall has aggravated ongoing problems with slope stability on the north side of the Rodgers Drive water tanks, and WHEREAS, as a result of slope failure a portion of Rodgers Drive has been compromised, and WHEREAS, timing of this repair is critical and in order to expedite the hiring process, a waiver of the requirements of competitive bidding is appropriate, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes the Mayor to sign a contract with a contractor providing the lowest price quote for repair to a slope failure on Rodgers Drive. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, attached as Exhibit "A", recognizing revenue from letters of credit. PASSED and APPROVED this 16'h day of April, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 0 ! Ix 1 y wa1:41S --1-------- !L t Y } I 1 7Ex OMki3AOSSOH3 ` 1 3 Ir 1 '7 > Y 3AV lQive � Ni,1' Z m Z yL T 11 00P 9AV ou►b!S FO by r0 CC O yollkid AllOwA' VONOW iYtlV sl Oa. 0 0)0 b CL �Q CURN y 3AV31WINIr In 4 ¢ - _ - - - WO30IISONINa (18.j)MAJ.IO CIA19 VIIIA All 03d I- ¢ �117,%Jp`71M �AV �QM OQ a CW m /t / v a 3AV 3Q3110 rn f" �� Q OR, W m N 3AV>f V� S A ~ _ O 0) �n r S z ,� 3AV•1S3M b, W 0 ��lii 3nYlL3a3A3'1- y U 3AV-nIW EL o 0 3AV NVONno cc3nv aNglHVo • W w �A6 CINVltaV 3nVak1O3 IO S7AD5liM O a .o o�I �det10.� o W nW CL 0 r-i v `W U cc rW V 0 0� x -«:,tit, A�• `����'`�,� •��i'1, -= S - Y71 Chip ? al . �1.�� `fix ��1r��r�i� ���� , � ` ���� ` �*��c+=•�';- ' { ` - _ ., l' �3 J^ r ��i``,=�•���• • � mil` ���%r`,• •� • art. 4a � I " a+ j�..; ///� j' . ..� �..f`Y � JY ".F Y'rjilCS+ic"�•1tt'%a����� �L". - .�, R • _ _l/ f,'z`'' s�.1�� �r�:, iia� �� ��0 res'.� �J`� •.� � i .� .r Y�r�i '�,,;i�i, c:L-"�j��fi � T"! +�sra•�� � `✓ 'l.*�� �• 1TT'� d � � ..v � ty .� `-ram �� �`.,' � ���E.y�� J,. � •-� �\r^�'�'t'r� '- �. F'"' fir_ = • Jtl�-!�/.i;�-.c"r�'. 1° "�' t.:X.��!�;r�};( .����,i`�-ii�ifm.� u .!gat�•5;� t;:t"j,t,:'. RESOLUTION NO. 113-13 A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $110,000.00 TO INCREASE THE BUDGET TO REPAIR A PORTION OF RODGERS DRIVE NEXT TO THE CITY'S WATER TOWERS WHEREAS, the City Council approved a budget of $250,000.00 for an emergency repair of a portion of Rodgers Drive that, as a result of slope instability and failure, was sliding down the hill toward the City's water towers; and WHEREAS, the low bid from the three contractors was $329,515.95 which will require an approval of an additional budget adjustment of over $100,000.00 to fund the contract and its contingency. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached budget adjustment in the amount of $110,000.00 so that the reconstruction project to repair Rodgers Drive can be completed. PASSED and APPROVED this 21st day of May 2013. APPROVED: ATTEST: By: i�rrrr LISA BRANSON, Deput •``�': •G�� Y 0,� •`rG�.� —v. FAYETI EVILLE;�3 co • - V 12.0724 Budget Adjustment Form _- Budget Year Division: Citywide Request ate Adjustment Number 2013 Department: Citywide 5/ 13/2013 BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION Rodgers Drive is experiencing a sliding hillside and is in need of emergency repair. Bids came In higher than expected. ,A--, V--- S/13113 Division Head Date Budget Director Date r Date rrW Depar nt rec or Finance Director Date y Chief o Staff Date Y tD e Account Name Street improvements Use of fund balance Prepared By: Kevin S rin er Sprirrger, Kevin Reference: Budget & Research Use Only Type: A B C D E P General Ledger Date Posted to General Ledger Checked / Verified Initial Date Initial Date TOTAL BUDGET ADJUSTMENT 110,000 110,000 Increase / (Decrease) Project.Sub Account Number _ Expense Revenue Number 4470.9470.5809.00 110,000 - 13029 1 4470,0947.4999.99 110,000 HASudget\Budget Adjustments12013—Budget%Kevin%BA2013_Rodgers Drive Repair_BIDS.As 1 of 1 t,uy of rayettevuie otaff rteview corm • City Council Agenda Items • and Contracts, Leases or Agreements 512112013 City Council Meeting Date Agenda Items Only co Chris Brown Engineering Development Services Submitted By Division Department nc:uc�r� MUCAUIreU: roval of a Budget Adjustment for Repairs to Rodgers $ 110,000.00 Cost of this request 4470.9470.5809.00 Account Number 13029 250,000.00 Category / Project Budget Rodgers Drive Repair Program Category / Project Name Street Improvements Program / Project Category Name Sales Tax Capital Fund Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached �x Funds Used to Date $ 250,000.00 — A - I L-,r IL.2% Department Di ctor Date City Attorney Date R & 5-t-t-U13 Finance and Internal Services Director Date 0.. 14\mPA S- I'll -2.0 V3 Date Dife Comments: Previous Ordinance or Resolution # 5578 Original Contract Date: Original Contract Number: Received in City r' - 1 3- i= r O c Clerk's Office Received in 0/1, Mayor's Office Revised January 15, 2009 01.1 • Ea.ML �ARKANSAS� To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director �1 From: Chris Brown, City Engineer CA Date: May 13, 2013 Subject: Budget Adjustment for Repairs to Rodgers Drive PROPOSAL: • THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Council Meeting of May 21, 2013 Recent rainfall has aggravated an ongoing problem with the slope stability on the north side of the Rodgers Drive water tanks. As a result of the slope failure, a portion of Rodgers Drive has been compromised. The south side (east bound lane) of Rodgers Drive has settled and is gradually sliding down the hill. For many homes in this area, Rodgers Drive is the only means of ingress and egress. At the April 16, 2013 City Council Meeting, the Council approved an ordinance waiving the requirements of competitive bidding, and staff proceeded to solicit three bids from contractors for the repair work. The Mayor is authorized to sign the contract per City Council approval; however, the low bid of $329,515.95 was more than the approved budget of $250,000, and a budget adjustment is needed. RECOMMENDATION: Staff recommends approval of a budget adjustment in the amount of $110,000 to fund the contract with Prime Contracting, Inc., plus a continency amount of $30,484.05. Thus, the total requested budget for the project is $360,000. BUDGET IMPACT: The attached budget adjustment identifies the source of funds for the project. The budget adjustment will bring the total allocation for this project to $360,000. RESOLUTION NO. A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $110,000.00 TO INCREASE THE BUDGET TO REPAIR A PORTION OF RODGERS DRIVE NEXT TO THE CITY'S WATER TOWERS WHEREAS, the City Council approved a budget of $250,000.00 for an emergency repair of a portion of Rodgers Drive that, as a result of slope instability and failure, was sliding down the hill toward the City's water towers; and WHEREAS, the low bid from the three contractors was $329,515.95 which will require an approval of an additional budget adjustment of over $100,000.00 to fund the contract and its contingency. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached budget adjustment in the amount of $110,000.00 so that the reconstruction project to repair Rodgers Drive can be completed. PASSED and APPROVED this 21 st day of May 2013. APPROVED: By: By: LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer Ic aoaabts `------- NJ 1��Qy�� ' � Oa a3AOSS0bCj 7 ' i M MYTIVB w a ' v* LU 3nVAVar 3Ab O1NylS O y�' �'.t b �OIIOFFA vSNOW ay e� y g d as AIIWI3 q O i O) Q 'O CURIIS to, in�6�hs+ �,/ �QS 3AV31VgMP w a w � 4 CAM V171A �.% v f, Q a0 301S9NINa Qa 3Hy I �� a Nl 03d 3AV p � FM- Q. 8 OR L 2 a W a 3AV 30311ok w 4) of N 3AV ?I4W 0V g X S ~y courtCD cc 9 ,- 3AV1.L3a3A31 y v 3AVlI1H E tiSP, cc H 0 3AV NVONno S Y s 3AV ONVINVO ,,e► N i toanvaNvlavo $ oa / 3Avaa w sTAOIvM,1 030 ' Q Zr� J o as Hovuao W w— W 0. 0 r-i �/ J W I..L U) Ir �W V 0 or ! - 0 • Doc ID: 015287520005 Type: LIE Kind: PERFORMANCE BOND Recorded: 07/12/2013 at 11:57:31 AM Fee Amt: $35 = Page 1 of 5 Washington County, AR Kyle Sylvester Circuit Clerk( Q Q FileB031--000009 V V Bond No. S413146 PERFORMANCE BOND Conforms with The American Institute of Architects A.I.A. document No. A-311 KNOW ALL BY T] I.t=SE VRESENI'S: that Prime Contracting, Inc. (H re poser full name and address or, legal title of Contractor) P.O. Box 744 s f� Cofr}• fcXQ+L'�-t5 '�CnG, Republic, MO. 65738 Z) f yoX `7,iq as Principal, hereinafter called Contractor, and, Employers Mutual Casualty Company ?Here insert full name and address or legal title of Surety) P.O. Box 712 Des Moines, IA. 50303 (800) 821-4702 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas (Here insert furl name and address or legal bite of owner) 125 W. Mountain Fayetteville, AR. 72701 as Obligee, hereinafter called Owner, in the amount of Three Hundred Twenty-nine Thousand Five Hundred Fifteen Dollars And Ninety-five Cents Dollars ( $329,515.95 for the payment Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. firmly by these presents. WHEREAS, Contractor has by written agreement dated with Owner fol Rodgers Drive Slope Failure Repair Fayettefille, Arkansas in accordance with Drawings and Spocifications prepared by GTS. Inc. 2013 entered into, coot act (Here insert full name, address and description of project) (Here inser: hdi name and address or legal title of Architect) which contract is I)v reference made a part hereof, and is hereinafter refen•ed to as the Contract. rage i of 2 UJIS-1 4219 10199 31 -- q qg • • PERFORMANCE BOND S413146 NOW, THEREFORE, THE CONDITION OF-1.111S OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, anti declared by Opener- to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly I) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner. and make available as Work progresses (even though there should be a defat€It or a succession of defautts under the Signed and sealed this 2 �'� d iy of sf , (Witness) r� (Witness) ) L contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety €Tray be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment tinder the Contract falls due. No ri4Mht of action shall accrue on this bond to or for the use of any person or corporation other than the Owner narned herein or the heirs, executors, administrators or successors of the Owner. 2013 Prime Contracting, Inc. (Sral) rincit."Ir) . r�eitle) Employers Mutual Casualty Company (Seat) (SUrid%) Page 2 of 2 Attorney..ln-Fact i � i"t'ittc) LMS-Ir219 SOi9g 0 • LABOR AND MATERIAL PAYMENT BOND Conforms with The American Institute of Architects A.I.A. Document No. A-311 Bond No. S413146 THIS BOND IS ISSUED SIMULTANEOUSLY VATH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL BY THESE PRESENTS: that Prime Contracting, Inc. (Mere insert full name and address or legal title of Contractor) P.O.744 -Pfij)�e C0r)jrCV_-ar5 .�r7c, Republic, MO. 65738 1-�30 X icy �'��blt`c, Via. Cps`T3� as Principal, hereinafter called Principal, and, Employers Mutual Casualty Company (Here insert full name and address or legal title of Surety) P.O_ Box 712 Des Moines, IA. 50303 (800) 821-4702 as Surety. hereinafter called Surety, are held and firmly hound unto City of Fayetteville, Arkansas (Here insert full name and acdress or legal title of Owner) 125 W. Mountain Fayetteville, AR. 72701 as Obligee, hereinafter called Owner. for the use and benefit at claimants as hereinbelow defined, in file amount of Three Hundred Twenty-nine Thousand Five Hundred Fifteen Dollars And Ninety-five Cents Dollars ( $329,515.95 j. for the payment whereof Principal and Surety bind themselves. their heirs, eseeutor , administrators, successors and assigns,.jointliv and severally, firmly by these presents. WHEREAS, Principal has by vo-ittcn agreement dated with Owner for Rodgers Drive Slope Failure Repair Fayetteville. Arkansas in accordance with Drawing- and Specifications prepared by GTS. Inc. , 2013 , entered into a contract (Here insert fall name. address and description of project) (Here insert full name and address or legal title of Architect) whleh C()I1IraCt tS b)' reEerenCe made a part hcrec)I, allcl is heremttFier referred to as !lie Contract. Page 1 of 2 unS-11220 tarsc 0 s LABOR AND MATERIAL PAYMENT BOND S413146 NOW, THEREFORE. Tlik. CONDITION, OF l'llIS OBLIGATION is such that. if Principal shrill promptly make payment to all claimants as hereinafter clef incd. liar all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however. to the jollo%ving conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, niatetial, or both, used or rea onably required for use in the perfomnance of the Contract, labor and rnuterial bcin, construed to include that part of water. gas, power, light, heat. oil, gasoline. telephone service or rental of equipment directly applicable to the- Contract. 2. The above named Principal and Surer hereby jointly and severally agree +kith the Owner that every claimant as hercirt cloned. who has not been paid in full boor,: the expiration of a period of ninety (90) days after the dale on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may° sue on this bond ror the use of such claimant. prosecute the suit to Tnal judgment for such sum or sums ❑s may be justly° due claimant, and have execution thereon. The Owner ;hall not be liable for the payment of any costs or expenses of any such suit. 3. No Suit or action shall he commenced hereunder by any claimant: a) Unless claintant, other than one having a direct contract with the Principal. shall have given written notice to any' (wo of the following; the Principal, the Owner, or the Surety shove named. within ninety (90) days :after such claimant did or performed the last of the .Mork or labor, or furnished the last of the materials for which said claim is made, staling with substantial acctu•acy the amount claimed and the name of the party to whom the materials Signed and sealed this �o clay of w..._ (Witness) (Witness) were furnished, or for whom the work or labor was done or performed- Such notice shall be served by mailing the sarne by registered mail or certified snail. postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal Process may be served in the state in which the aforesaid project is located. save that such service need not be made by a public officer. b) After the expiration of one (I) year rollowing the date nn which Principal ceased Work on Said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any lain controlling the c-onsiruction hereof such limitation shall he deemed to be amended so as to be equal to the minimum period of limitation permitted 1w such law. c) Other than in a state court of competent.jurisdiction in and for the county or other political subdivision of the state in which the Project. or any part thereof', is situated, or in the United States District Court For the district in MIMI the Project, or any part thereof, is situated. and not elsewhcre- 4. The amount oI this hoed shall lee reduced by and to the extent of anv payment or payments made in good faith hereunder. inclusive of the payment by Swety of mechanics' liens which ma: be filed of record against said improvenwrnt. whether or not cl:pint for fire amount or such lien be presented under and a0ainst this bond. 2013 Prime Contracting, Inc. (Seal) j� (Prir-cjpal` l Page 2 of 2 ('fitlej Employers Mutual Casualty Company (Seal) (tiurcty) Attorney -In -Fact (Title) LMS41220 7nP99 1EMCInsurance Companies,P No. A34178 RO. Box 712 • Des Moines, IA 50306.0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casuafy Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois ENICASCO Insurance Company, an Iowa Corporation Dakota Fire Insurance Company, a North Dakota Corporation ElvIC Property R Casualty Company, an Iowa Corporation Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as'Company" and collectively as `Companes each does, by these presents, make, constitute and appoint: GARY L. YOST, CALLAE .1. DOTY, THOMAS A 110NTILEONE. DANIEL A CAVENDER, GENEVA E. DUGGER, BRANDI J. BRADLEY, f_ORI ANN DOBKINS, SHERRY R. FEELER, WILLIAM L. SOUTHWORTH, _113 its true and laWul aftorney-Ln-facl, vJth full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings: and other Obligatory instruments of a similar nature as 1011OWS: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such Instruments were signed by the duly authorized officers of each such Company, and all of the arts of said attorney pursuanl to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL_ 1, 2016 __ unless sooner revoked, AUTHORITY FOR POWER OF ATTORNEY This Potver-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and had in 1999: RESOLVED: The President and Chie; Exerutive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys-in•fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and urderakin.gs, recognizances. contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such altomey-in-fact at army time and revoke the power and authority given to hint or her. Attorneys-",Aact shall have power and aulhorty, subject to the terms and limilafions of the ccwer`of-attorney issued to them, to execute anc deliver on behalf cr the Ccmpany, arc: to attach the seal of the Company thereto, bonds and undertakings. recognizances.. contracts of indemnity and other v)ritings obligatory in the nature ?hereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Ccmpanv. Certification as to the validity of any pov,er-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in ail respects binding upon this Company- The facs'mile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any pourer-cf-atforr:ey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 15di dry of MARCH 2O13 Seals 0 �1803� =?:: SEAL =-_ __ _ 1953 = : y,1.Af `•`.::`'- fir' fUAt ^��'. : ev��430...a.. �: SEAL: ; ; _ SEAL f _t= SEAL=e= ��` cpUTUq��p LAUREL A. GLOSS Commission Number 183062 »O.ti,ES t�' • • ! 1y Comm- Exp.. A1�_r13 2014 "A" - Bruce G. Kelley, hairman/' of Companies 2, 3, 4, 5 8 6; President of Company 1; Vice Chairman and CEO Of Company i _ -/ �.- Michael Freel Assistant Vice President! Assistant Secretary Onthis_ 15th day of-__ __ _ MARCH AD 2013 before mea Notary Public in and forme State of lov✓a, personally appeared Bnuce G. Kfllfey and Tv1ichael Freel, who, being by r1e duly sworn, did say that ihey are, and are kncvnl to mie to be the Chairman, President, Vice Chairman and CEO, andr''or Assistant Vice President/Assistant Secretary.. respectively, of each of The Companies above; that the seals affixed to this ins".rumeril are tha seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards Of Directors and ,hat the said Bruce G. Kelley and'lichael Freel, as such officers, acknowledged the execution of said instrument to be fha voluntary act and deed of each of the Companies. 1V1y Commission Expires March 13. 2014. CERTIFICATE Notary Public in and for the State of Iowa I, James D. Clough, Vice President of the Companies. do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this PowerefArorney issued pursuant thereto on MARCH 15, 2013 _ On behaifof' GARY L. YOST, CALLAE J. DOTY. rHOMAS A MONTILEONE, CAMEL A CAVENDER, GENEVA E. DUGGER, 6RANDI J. BRADLEY. LORI ANr`1 DOWINS, SHERRY R. FEELER,?':ILLIANI L. SOUTHWORTH, JR are 'true and correct and are still in full force and effect. In Testimony rNhereof I have subscribed my name and affixed the facsimile seal of each Company this day of Vice President City of Fayetteville Construction — Rodgers Drive Slope Failure Repair Contract — Between City and Contractor This contract executed this .2 L) day of 15ki1e , 2013, between the City of Fayetteville, Arkansas, and Prime Contracting, Inc. In consideration of the mutual covenants contained herein, the parties agree as follows: Prime Contracting, Inc. at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items as stated in_Prime Contracting, Inc.'s bid proposal, and in accordance with specifications attached hereto and made a part hereof, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay Prime Contracting, Inc. based on their bid proposal in an amount not to exceed $329,515.96. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. The Contract documents which comprise the contract between the City of Fayetteville and Prime Contracting, Inc, consist of this Contract and the following documents attached hereto, and made a part hereof: A. Plans, profiles, cross sections, and details prepared by GTS, Inc.; bid documents prepared by the City of Fayetteville and submitted with the bid by Prime Contracting Inc., including the contract time of 55 working days. B. Applicable parts of the AHTD Standard Specifications. 4, These Contract documents constitute the entire agreement between the City of Fayetteville and Prime Contracting, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Prime Contracting, Inc. 5. Prime Contracting, Inc. shall not assign its duties under the terms of this agreement 6. Prime Contracting, Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Prime Contracting, Inc. performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. Prime Contracting, Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that they carry the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Prime Contracting, Inc. shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workmen's Compensation Comprehensive Genera_ I & Automobile Insurance Bodily Injury Liability City of Fayetteville, AR Construction — Rodgers Drive Slope Failure Repair Page 1 of 2 Statutory Amount $500,000 for each person injured. $1,000,000 for each accident. LJ 0 Property Damage Liability $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by Prime Contracting, Inc. 8. Prime Contracting, Inc. to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Prime Contracting, Inc. with 10 days written notice. 10, 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. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 11. Changes in Scope or Price: 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. 12. Liquidated Damages: Contractor agrees to pay $100 per working day for each day beyond the contract completion time established in the bid. WITNESS OUR HANDS THIS " DAY OF L RY",- , , 2013. PRIME CONTRACTING, INC. CITY OF FAYETTEVILLE, ARKANSAS By:r,�,,t, By: Signature LIO L JORDANi yor -3coli L. Z.1/50,1 Rtslckfn� Printed Name & Title 0 1 ATTEST (Signature) f 4r+l.a rte� C' SON Company Secretary (Printed Name) Business Address �RE Pgb(;C . City, State & Zip Code Date Signed: -o�o - 13 City of Fayetteville, AR Construction — Rodgers Drive Slope Failure Repair Page 2of2 ATTEST: (Signature) r\ \ �-3�iY4� �`r'A;i��lY1l�fi_. .egg;s�9`3itllrff Sondra Smith, City Clerk Date Signed:-21