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HomeMy WebLinkAbout52-04 RESOLUTION• Section 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND JERRY D. SWEETSER, INC. THIS AGREEMENT is dated as of the day of 1 in the year 2004 by and between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVELLE) and the Contractor (herein after called JERRY D. SWEETSER, INC.). CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC., in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. JERRY D. SWEETSER, INC. shall complete all Work as specified or indicated in the Contract Documents. The work generally consists of the construction of approx. 2,100 L.F. of 12' wide asphalt multi -use trail with base, associated earthwork and demolition for Center Prairie Trail Construction; and all items indicated in the Drawings and Specifications. Article 2. ENGINEER. The Project has been designed by • City of Fayetteville Parks and Recreation Division 1455 South Happy Hollow Road Fayetteville, Arkansas 72701 Crafton Tull & Associates, Inc 901 N. 47th Street Suite 200 Rogers, Arkansas 72756 who is hereinafter called PARKS AND RECREATION DIVISION PROJECT MANAGER and who is to act as CITY OF FAYETTEVILLE's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract documents. Article 3. CONTRACT TIME. 3.1. The Work for the Project shall be substantially completed within 120 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraphs 14.07.B & C of the General Conditions within 150 consecutive calendar days after the date when the Contract Time commences to run. City of Fayetteville Page 00500-1 3/17/2004 3.2. Liquidated Damages. CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. recognize that time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and JERRY D. SWEETSER, INC. agree that as liquidated damages for delay (but not as a penalty) JERRY D. SWEETSER, INC. shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, ifJERRY D. SWEETSER, INC. shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by CITY OF FAYETTEVILLE, JERRY D. SWEETSER, INC. shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY OF FAYETTEVILLE shall pay JERRY D. SWEETSER, INC. for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 471forall-Work-other than-Unit-Price-Work,--an-amount-equal-to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. City of Fayetteville Page 00500-2 3/17/2004 • ITEM DESCRIPTION PAYMENT ITEMS • UNITS QUAN. UNIT $ ESTIMATE Color denotes a discrepancy in quantity SUBTOTAL TOTAL 374,530. 5374,530.55 As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by PARKS AND RECREATION DIVISION PROJECT MANAGER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.B of the General Conditions. Article 5. PAYMENT PROCEDURES JERRY D. SWEETSER, INC. shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by PARKS AND RECREATION DIVISION PROJECT MANAGER as provided in the General Conditions. City of Fayetteville Page 00500-3 3/17/2004 MOBILIZATION L.S. 1.0 2500.00 2,500.00 2 STAKING L.S. 1.0 4,600.00 4,600.00 3 CLEARING AND GRUBBING (2) (5) (6) L.S. 1.0 18,000.00 18,000.00 4 MAINTENANCE OF TRAFFIC LS 1.00 3,500.00 3,500.00 5 TREE PROTECTION FENCING (18) LF 300.00 12.00 3,600.00 6 REMOVE AND DISPOSE OF CONCRETE CURB LF 24.00 25.00 600.00 7 REMOVE AND DISPOSE OF EXISTING TIMBER PEDESTRIAN BRIDGE L.S. 1.0 500.00 500.00 8 REMOVE AND DISPOSE OF EXISTING PIPE CULVERT EACH 1.0 200.00 200.00 9 CULVERT CLEANOUT EACH 1.0 500.00 500.00 10 EXCAVATION SAFETY LS 1.00 2,500.00 2,500.00 11 UNCLASSIFIED EXCAVATION CY 40.73 50.00 2,036.50 12 COMPACTED EMBANKMENT -SELECT HILLSIDE MATERIAL (BORROW) IN-PLACE C.Y. 487.0 24.00 11,688.00 13 TEMPORARY BALE BARRIERS (10) L.F. 200.0 10.00 2,000.00 14 TEMPORARY SILT FENCE (18) L.F. 1000.0 8.00 8,000.00 15 SEED AND MULCH (15) AC. 0.5 4,000.00 2,000.00 16 IMPORTED TOP SOIL (10) CY 50.00 35.00 1,750.00 17 AGGREGATE BASE (CLASS 7) C.Y. 685.7 29.00 19,885.30 18 PRIME COAT GAL 343.8 3.50 1,203.30 19 PRIME COAT (LIBRARY TRAIL AREA) GAL 49.4 0.00 20 ASPHALT CONCRETE TYPE 3" TON 223.1 45.00 10,039.50 21 ASPHALT CONCRETE TYPE 3" (LIBRARY TRAIL AREA) TON 25.7 0.00 22 CONCRETE TRAIL (LIBRARY TRAIL AREA) S.Y. 345.0 55.00 18,975.00 23 • CONCRETE TROLL RAMP EA. 1.0 1,200.00 1,200.00 24 30" CMP Pipe (17) LF 46.0 75.00 3,450.00 25 30 - inch FLARED END SECTION CS PIPE CLVT. EA 2.0 700.00 1,400.00 26 PRECAST R.C. BOX CLVT. (5'X4') LF 33.0 820.00 27,060.00 27 1.5' FIELD STONE GROUTED SY 150.0 75.00 11,250.00 28 25PRECAST CONCRETE INTERIOR BEAM EA 3.0 6,700.00 20,100.00 29 CLASS S CONCRETE - ROADWAY, 3500 PSI CY 6.6 800.00 5,280.00 30 REINFORCING STEEL - ROADWAY, 60KSI LB 760.0 1.50 1,140.00 31 FLOWABLE SELECT MATERIAL CY 6.0 150.00 900.00 32 RETAINING WALL SF 1670.0 27.00 45,090.00 33 FENCE STYLE CLF (4' HIGH NOBAR) (8) L.F. a5010 16.50 4'425!00 34 PEDESTRIAN FLASHING LIGHT SYSTEM (19) EA 1.0 34,650.00 34,650.00 35 ADDITIONAL RED OR YELLOW 8' SEALED LED LIGHT EA 2.0 375.00 750.00 36 DECORATIVE TRAIL LIGHTING (20) EA 10.0 3,100.00 31,000.00 37 DECORATIVE TRAIL LIGHTING (WITH HOUSE SIDE SHIELD) (20) EA 10.0 3.150.00 31,500.00 38 1 1/2 " SCHEDULE 40 ELECTRICAL CONDUIT TRENCHED IN-PLACE (21) L.F. 2100.0 4.85 10,185.00 39 BENCH ON CONCRETE PAD (18) EA 6.0 1,900.00 11,400.00 40 CEDAR SIGN POST INSTALLED (13) L.F. 130.0 8.00 1,040.00 41 NON -REMOVABLE BOLLARD (9) EA. 6.0 500.00 3,000.00 42 REMOVABLE BOLLARD (9) EA. 3.0 750.00 2 250.00 43 SHEET ALUMINUM SIGNS (16) S.F. 156.1 19.50 3,043.95 44 2 UT SQUARE TUBE POSTS (13) L.F. 112.0 8.00 896.00 45 THERMO. PVMT. MARKING (WORDS) EA 6.0 380.00 2,280.00 46 THERMO. PVMT. MARK. WHITE (24") LF 96.0 23.00 2,208.00 47 TRAFFIC STRIPE (PAINT) (4" WIDE) (7) L.F. 2300.0 0.85 1,955.00 48 DEDUCTIVE ALTERNATE (1) DECORATIVE TRAIL LIGHTING (20) EA 5.0 -15,500.00 49 DEDUCTIVE ALTERNATE (2) DECORATIVE TRAIL LIGHTING (WITH HOUSE SIDE SHII EA 5.0 -15,750.00 Color denotes a discrepancy in quantity SUBTOTAL TOTAL 374,530. 5374,530.55 As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by PARKS AND RECREATION DIVISION PROJECT MANAGER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.B of the General Conditions. Article 5. PAYMENT PROCEDURES JERRY D. SWEETSER, INC. shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by PARKS AND RECREATION DIVISION PROJECT MANAGER as provided in the General Conditions. City of Fayetteville Page 00500-3 3/17/2004 • 5.1. Progress Payments. CITY OF FAYETTEVILLE shall make progress payments on account of the Contract Price on the basis of JERRY D. SWEETSER, INC.'s Applications for Payment as recommended by PARKS AND RECREATION DIVISION PROJECT MANAGER, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02 . All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of umts completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, less the aggregate of payments previously made and less such amounts as PARKS AND RECREATION DIVISION PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 90 percent of Work completed (with the balance of 10 percent being retainage), If Work has been 50 percent completed as determined by the PARKS AND RECREATION DIVISION PROJECT MANAGER, and if the character and progress of the Work have been satisfactory to CITY OF FAYETTEVILLE and PARKS AND RECREATION DIVISION PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of PARKS AND RECREATION DIVISION PROJECT MANAGER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion -will be --in -an •-amount .equal to 100 -- percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to CITY OF FAYETTEVILLE as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to JERRY D. SWEETSER, INC. to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as PARKS AND RECREATION DIVISION PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.B & C of the General Conditions, CITY OF FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by PARKS AND RECREATION DIVISION PROJECT MANAGER as provided in said paragraphs 14.07.B & C. Article 6. JERRY D. SWEETSER, INC.'S REPRESENTATIONS. City of Fayetteville Page 00500-4 3/17/2004 In order to induce CITY OF FAYETTEVILLE to enter into this Agreement JERRY D. SWEETSER, INC. makes the following representations: 6.1. JERRY D. SWEETSER, INC. has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. JERRY D. SWEETSER, INC. has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. JERRY D. SWEETSER, INC. is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. JERRY D. SWEETSER, INC. has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. JERRY D. SWEETSER, INC. accepts the determination set forth in paragraph SC - 4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which JERRY D. SWEETSER, INC. is entitled to rely as provided in paragraph 4.02 of the General Conditions. JERRY D. SWEETSER, INC. acknowledges that such reports and drawings are not Contract Documents and may not be complete for JERRY D. SWEETSER, INC.'s purposes. JERRY D. SWEETSER, INC. acknowledges that CITY OF FAYETTEVILLE and PARKS AND RECREATION DIVISION PROJECT MANAGER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. JERRY D. SWEETSER, INC. has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by JERRY D. SWEETSER, INC. and safety precautions and programs incident thereto. JERRY D. SWEETSER, INC. does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other tennis and conditions of the Contract Documents. 6.5. JERRY D. SWEETSER, INC. is aware of the general nature of work to be performed by CITY OF FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. JERRY D. SWEETSER, INC. has con -elated the information known to JERRY D. SWEETSER, INC., information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, City of Fayetteville Page 00500-5 3/17/2004 explorations, tests, studies, and data with the Contract Documents. 6.7. JERRY D. - SWEETSER, INC. has given PARKS AND RECREATION DIVISION PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that JERRY D. SWEETSER, INC. has discovered in the Contract Documents and the written resolution thereof by PARKS AND RECREATION DIVISION PROJECT MANAGER is acceptable to JERRY D. SWEETSER, INC. and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 7, inclusive). 1.2. Performance and Payment Bonds, (Exhibits A and B respectively). 7.3. Certificates of Insurance, (Exhibit C). 7.4. Documentation submitted by JERRY D. SWEETSER, INC. prior to Notice of Selection (Exhibit D). 7.5. General Conditions (pages 1 to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 13 inclusive). 7.9. Specifications consisting of Divisions 1 through 16 as listed in table of contents thereof. 7.10. Addenda numbers 1 through 4 , inclusive. 7.11. One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered two through twenty-eight with each sheet bearing the following general title: Center Prairie TraiL 7.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.12.1. Notice to Proceed 7.12.2. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). City of Fayetteville Page 00500-6 3/17/2004 There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility - under the Contract Documents. 8.3. CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8 4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stncken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior forrhal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. City contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, JERRY D. SWEETSER, INC will do everything possible to provide the documents in a prompt and timely //tamer as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. City of Fayetteville Page 00500-7 3/17/2004 • IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. have signed this Agreement in quadruplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE and PARKS AND RECREATION DIVISION PROJECT MANAGER, and two counterparts have been delivered to JERRY D. SWEETSER, INC.. All portions of the Contract Documents have been signed, initialed, or identified by CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. or identified by PARKS AND RECREATION DIVISION PROJECT MANAGER on their behalf. This Agreement will be effective on 443ri 1 , 2004 (which is the Effective Date of the Agreement). CITY OF FAYETTEVILLE: City of Fayetteville INC.: Attest 76,,A2J Address for giving notices * Attest JERRY D. SWEETSER, • Title StgilatilaftWEETSER [CORPORATE SEAL] * If a Corporation, attest by the Secretary. Address for giving notices 590 WEST POPLAR FAYETTEVILLE, AR 72703 (If CITY OF FAYETTEVILLE is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) City of Fayetteville Agent for service of process: License No. ARKANSAS CONTRACTOR UCENSE • 0027470304 VVIU_IAM G. SWEETSER (If JERRY D. SWEETSER, INC. is a corporation, attach evidence of authority to sign) Page 00500-8 3/17/2004 City of Fayetteville Exhibit C • CERTIFICATES OF INSURANCE Page 00500-11 3/17/2004 • • NOTICE TO PROCEED TO: PRQJECT: Center Prairie Trail DATE: You are hereby notified to commence WORK in accordance with the Contract dated on or before ,and you are to substantially complete the WORK within one hundred and twenty consecutive calendar days thereafter and have the Work complete and ready for final payment within thirty consecutive calendar days thereafter. The date for Substantial completion is therefore . The date for final completion is therefore CITY OF FAYETTEVILLE, ARKANSAS City of Fayetteville By Trails and Greenways Coordinator ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of By Title City of Fayetteville , 2004. Page 00500-12 3/17/2004 CORPORATE RESOLUTION 'OF BOARD OF DIRECTORS OF JERRY D. SWEETSER, INC. I, Sharon Sweetswer, certify that I am the secretary and treasurer of Jerry D. Sweetser, Inc., a corporation legally organized and existing under and by virtue of the laws of the State of Arkansas, and that I am the custodian of the records and the seal of the corporation; that at a meeting of the board of directors of the corporation duly and legally called and held in accordance with the law and the bylaws of the corporation on the 5'h day of May 1999, at which meeting a quorum of the board of directors of the corporation was present, the following resolutions were duly adopted by the board of directors of the corporation and are set forth in the minutes of the meeting, namely: "BE IT RESOLVED, by the board of directors of this corporation that: That Jerry D. Sweetser as CEO of the Corporation, William G. Sweetser as President of the Corporation and Sharon Sweetser as Secretary and Treasurer of the Corporation, are authorized to sign any and all contracts, deeds, assurances or any document which may be proper to effectuate the negotations or transactions of the corporation. That Jerry D. Sweetser as CEO of the Corportion, William G. Sweetser as President of the Corporation and Sharon Sweetser as Secretary and Treasurer of the Corporation, any one or jointly are authorized to sign any and all contracts, deeds, assurances or any document which may be proper to effectuate the negotations or transactions of the corporation from time to time on behalf of this corporation. The above resolution will continue in force until express wntten notice of its rescission or modification has been received. I further certify that the above resolutions have not been in any way altered, amended or rescinded; they are not in contravention of or in conflict with any of the conditions or provisions of the bylaws or charter of the corporation; and they are now in full force and effect. 1 further certify that the names of all presently qualified and acting officers of the corporation are as follows, and that the genuine signatures of those presently authorized to sign for the corporation pursuant to the above resolutions appear below, identified by their signature: Page 1 of 2 Pages William weetser, President Sharon Sweetser, ecret ry/Treasuret IN WITNESS WHEREOF, I have hereunto set my hand as Secretary of said corporation and have affixed hereto the official seal of the corporation this day of , 1999. ATTEST: President Page 2 of 2 Pages rek.o___ Si a tary f • • TheSflbuI Surety PERFORMANCE AND PAYMENT BOND St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Underwriters, Inc. Fidelity and Guaranty Insurance Company Principal Office: 385 Washington Street St. Paul, Minnesota 55102 Seaboard Surety Company Principal Office; 5801 Smith Avenue Baltimore, Maryland 21209 SY6988 Bond Number 1CNOW ALL MEN BY THESE PRESENTS, that we Jerry D. Sweetser, Inc. Fayetteville, AR of as Principal, and Sr .. Raul F -I rp & Mnrinp Triq en. a corporation, having its principal office and place of business in the City of S t . Paul, Minnesota as Surety, are held and firmly bound unto City of Fayetteville, AR as Obligee, in the sum of Three Hundred Seventy Four Thousand Five Hundred Thirty Dollars and 55/100 Dollars ($ 374,530.55 ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated5 t , 3 / -- day of in -A R 0 L WHEREAS, the Principal has entered into a certain written contract dated the day of furnishing all labor and . with the Obligee for materials f r Center Prairie Multi Us° Trail, Payet-tAlrilla, AR NOW THEREFORE, the condition of this Obligation is such, that if the Principal shall faithfully perform said contract according to its terms, covenants and conditions and shall promptly pay all persons supplying labor or material to the Principal for use in the prosecution of the work under said contract, then this obligation shall be void; otherwise it shall remain in full force and effect. Subject to the named Obligee's priority, all persons who have supplies labor or material directly to the Principal for use in the prosecution of the work under said contract shall have a direct right of action under this bond. The Surety's aggregate liability hereunder shall in no event exceed the amount set forth above. No claim, suit or action shall be brought hereunder after the expiration of one (1) year following the date on which Principal ceased work on said contract. If this limitation is made void by any law controlling the construction hereof, such limitation shall be deemed to be amended to equal the minimum period of limitation permitted by such law. 86103 Rev. 9-1999 Printed in U.S.A. Surety Company: St. Paul Fire & Marine Ins. Co. Attomey-in-Fact (Seal) (Seal) • St Ul Surety • St. Pant Fire and !Herbst Imaranee Company St. Peal Guardian Insurance Company St Paul Mercury Imamate Company Seaboard Surety Company • United States Fidelity and Ganranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. 8t. Paul Medias] Liability Insurance Company Bond No. sY6988 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $1001000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is $0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. IbeSlaw! Power of Attorney No. • POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 20778 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. 18008 53 KNOW ALL MEN BY THESE PRESENTS • That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that Si. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Roland Julian, Cecil Bridgers, Adrian Luttrell, Christine Piker, Donna Tito and Robert M. Davis Fayetteville Arkansas of the City of State their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perfnitted in any actions or proceedings allowed by law. t.\ .° ".•-' 440 . .....7 t NV IN WITNESS WHEREOF, the Companies have caused this instrument to be lasignedianthsealed this.) 88319th day of May 2003 SI4P17-0S14%'4N rrC.9 Seaboard Surety Company 4 c 1? 46 ...e.:„ St. Paul Fire and Marine Insuramce,Compani 11- ..skjsylVUnited States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance‘Comtavny4. ..c•liellii• iv} i Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company s" 0- 4c.,,,* ,,t,SCt'ectiv° t:49 State of Maryland City of Baltimore PETER W. CARMAN, Vice President r—rite*ag,a THOMAS E. HUIBREGTSE, Assista t Secretary On this 19th day of May 2003 before me, the undersigned officer, personally appeared Peter W. Carman and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 1st day of July, 2006. 86203 Rev. 7-2002 Printed in U.S.A. SAtte4-4AAI "Ad REBECCA EASLEY-ONOKALA. Notary Public • This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United.States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertalcings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman. or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I. Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, Si. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this day of re\•-7-zL4 Lt - Thomas E. Huibregtse, Assistant Se retary "ta.. th:1 ttelkidlfr To venfy the authenticity of this Power of Attorney, call 1-800-42413880 and Mk forfrthe Power of Attoi.ney clerk. Please refer to the Power of Attorney number, the above-named individuals and the details of the bond to which the powir,anttache-745, \s- ni031 (cfr ctoxes. ifrg."44k ;SE—ii AL4e; ••••tiit `7".zpe Acorn) CERTIFICP* OF LIABILITY #10 CSR SP INSUIVC.T-1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE POLICIES DATE (MNVDD/TY) 03/23/04 EXTEND OR BELOW. POLICY EFFECTIVE DATE (MWDD/YY) PRODUCER Eason Insurance Agency 2340 Green Acres Rd, Suite P .0. Box 4217 Fayetteville AR 72703 Phone: 479-521-2233 INSURERS AFFORDING COVERAGE INSURED Jerry Sweetser, 590 W. Poplar Fayetteville AR 1 Inc. 72703 INSURER A: CNA INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSUFtANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDD/YY) POLICY EXPIRATION DATE (MM)DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE 51,000,000 A X COMMERCIAL GENERAL LiAeury C10 7 3335365 10/30/03 10/30/04 FIRE DAMAGE (Any one fire) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL Er ADV INJURY 5 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP/OP AGG 52 r 000 , 000 POLICY PRO - JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO C2020181979 10/30/03 10/30/04 (Ea accident) 51,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Pet accident) $ GARAGE LIABILITY AUTO ONLY • EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE 5 OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WL SIAIU- TORY LIMITS U i H - ER A WC220181996 10/30/03 10/30/04 ' E.L. EACH ACCIDENT 5100000 EL. DISEASE - EA EMPLOYEE 5100000 E.L. DISEASE POLICY LIMIT 5500000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS JOB: CENTER PRAIRIE ADDED BY ENDORSEMENT/SPECIAL PROVISIONS MULTI USE TRAIL, FAYETTEVILLE, AR e.t.a-neinAwe net. no—ns -- 14 INSURED; INSURER LETTER: ELLAfiON City Of Fayetteville 113 W. Mountain Fayetteville AR 72701 ACORD25-S (7/97) CITY001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT7ON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Robert Michael Davi CD COR' 0 RPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 254 (7/97) City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2004 Department: Sales Tax Capital Improvements Division: Program: Date Requested 3/16/2004 Adjustment Number Project or Item Requested: $411,984 is requested in the Center Prairie Trail capital project # 04028. Project or Item Deleted: To reduce Trail Development capital project # 02016 by $411,984. This project is consolidated trail funding to be moved to individual trails when needed. Justification of this Increase: The funding has been allocated for Center Prairie Trail project # 04028. Justification of this Decrease: This adjustment is administrative. Increase Budget (Decrease Revenue) Account Name Account Number Amount Project Number Trailways and sidewalks 4470 9470 5814 00 411,984 04028 Decrease Budget (Increase Revenue) Account Name Account Number Amount Project Number Park improvements 4470 9470 5806 00 411,984 02016 A prova Ir :41 ri.owlevz atures equested By te Budget Manager Date Department Director Date Finance & Internal Services Director Date Mayor Date Budget Office Use Only Type: A B C Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log Initial Date Initial Date Initial Date Initial Date • NAME OF FILE: Resolution No. 52-04 w/agreement CROSS REFERENCE: Document • owls. 1. -- 1 03/17/04 memo to mayor & city council 2 draft resolution 3 copy of proposed agreement 4 copy of purchase requisition 5 03/24/03 Staff Review Form 6 04/08/04 memo to Steve Hatfield NOTES: