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
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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
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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
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•
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)
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�-3�iY4� �`r'A;i��lY1l�fi_. .egg;s�9`3itllrff
Sondra Smith, City Clerk
Date Signed:-21