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Home My WebLink About213-05 RESOLUTIONRESOLUTION NO. 213-05 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $1,228,413.00 FOR HAPPY HOLLOW ROAD & HUNTSVILLE ROAD INTERSECTION IMPROVEMENTS; APPROVING A PROJECT CONTINGENCY OF $122,841.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $843,330.00. 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 awards a construction contract to Sweetser Construction, Inc. in the amount of $1,228,413.00 for Happy Hollow Road & Huntsville Road Intersection Improvements. A copy of the contract marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a project contingency of $122,841.00. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $843,330.00. PASSED and APPROVED this 151 day of November, 2005. ATTEST - By: .U• • U- FAYETTEVILLE F. . yJ '•9:QHA NSP' Jam.: '%NGToN ,,.... . III' SONDRA SMITH, City Clerk APPROVE AN CO • DY, Mayor 1 1 1 1 1: 1 1� 1 1 1� 1 11 1 1 1 1 1 1 • • Section 00500 AGREEMENT BETWEEN CITY OF FAYETTEVII.I.E ANI) CONTRACTOR THIS AGREEMENT is dated as of the 11i day of Ndt1R m ger in the year 2005 by and between the City of Fayetteville, Arkansas and Sweetser Construction, Inc. (hereinafter called Swectser). City of Fayetteville and Sweetser, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. Sweetser shall complete all Work as specified or indicated in the Contract Documents. The work generally consists of reconstructing & reconfiguring the existing four legged intersection into a "T" intersection. "Ihe improved intersection will be signalized with video detection. The demolition work will involve the obliteration of portions of the existing roadway, sidewalks, drainage structures parking lot, & etc. The construction work will involve placing hillside material, aggregate base, asphalt binder, and asphalt surfacing with the associated earthwork, drainage pipes inlets, sidewalks, traffic signalization, and other items indicated in the Drawings and Specifications. Article 2. ENGINEER. The Project has been desigmxd by City of Fayetteville Engineering Dept. 113 W. Mountain Fayetteville, Arkansas 72701 who is hereinafter called Engineer 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 thc Contract Documents in connection with completion of the Work in accordance with the Contract documents. Article 3. CONTRACT 1 IME. 3.1. The Work shall be substantially completed within 180 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraphs 14.07.B & C of thc General Conditions within 210 consecutive calendar days after thc date when the Contract Time commences to run. 3.2. Liquidated Damages. City of Fayetteville and Sweetser 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 Sweetser agree that as liquidated damages for delay (but not as a penalty), Swectser shall pay City of Fayetteville One thousand dollars ($1,000.00) for each day that expires after the timc specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Sweetser shall neglect refusc or fail to complete Happy Hollow Rd & Huntsville Rd Intersection Improvements City of Fayetteville Engineering Division October 13, 2005 Page 00500-I 1 1 1 1 1 1 1 1 1 1 1 1 • • the remaining Work within the time specified in paragraph 3.1 for completion and rcadiness for final payment or any proper extension thereof granted by City of Fayetteville, Sweetser shall pay City of Fayetteville One thousand dollars f$I.000.00) for each day that expires after the time spccifiexl in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. City of Fayetteville shall pay Sweetscr for completion of the Work in accordance with the Contract Documents an amount in current funds equal to thc sum of the amounts determined from thc following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1. for all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimatcd quantity of that item as indicated in this paragraph 4.2. Happy Hollow Rd & Huntsville Rd (Hwy 16) Intersection Improvements PAY ITEMS Item No. Description Unit Estimated Quantity Unit Price Extended Price 1 Mobilization LS 1 S25 000 00 325,000.00 2 Construction Staking LS 1 39,500.00 39,500.00 3 Maintenance of Traffic LS 1 395,000.00 595,000.00 4 Tree Protection Fencing LF 300 312.00 53,600.00 5 Excavation Safety LS 1 33,500.00 $3,500.00 6 Clearing and Grubbing LS I 512,000.00 312,000.00 7 R & D Curb & Gutter LF 1,266 310.00 312,660.00 8 R & D Drainage Pipcs LF 384 315.00 35,760.00 9 R & D Concrete Pavement & Driveways SY 915 312.00 S10,980.00 10 R & D Concrete Sidewalk SY 600 312.00 37,200.00 I I R & D Drop Inlet/Junction Box EA 3 3500.00 31,500.00 12 R & D Concrete Flume EA 1 3500.00 5500.00 13 R & D Building Structure & Appurtenances LS 1 518,000.00 318,000.00 14 Unclassified Excavation CY 7,388 318.50 3136,678.00 15 Compacted Subgrade-Select Hillside Material (Borrow) CY 5,100 314.50 373,950.00 16 Undercut and Backfill CY 500 316.00 38,000.00 17 7" Aggregate Base Course (Class 7) SY 7,850 57.70 360,445.00 18 Aggregate Base Course (Class 7xTrenches Under Pavemt) TN 100 S16.00 31,600.00 19 Concrete Curb and Gutter LF 2,500 510.50 326,250.00 20 ACHM Bind's Course (PG 70-22) 'IN 1500 567.00 3110,500.00 21 ACHM Surface Course (PG 70-22) TN 740 569.00 351,060.00 22 18 -inch Reinforced Concrete Pitz: (RCP) LF 624 350.50 331,512.00 Happy Hollow Rd & Huntsville Rd Intersection improvements City of Fayetteville Engineering Division October 13, 2005 Page 00500-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • 23 24 -inch Reinforced Concrete Pipe (RCP) LF 110 573.50 58,085.00 24 36 -inch Reinforced Concrete Pipe (RCP) LF 45 5162.50 57,312.50 25 48 -inch Reinforced Concrete Pipe (RCP) LF 240 5249.00 559,760.00 26 24 -inch Flared End Section (FES) (RCP) w/ Curtain Wall EA 1 51,356.00 51,356.00 27 Concrete Headwalls, W ingwalls & Aprons for Double 48 -inch RCP LS 1 57,900.00 57 900.00 28 Dbl 8'x4' Conc Box Culvert & 18x6' Cone Connection Box LF 159 5547.00 586,973.00 29 Drop Inlet (I'ype'C 4'x4' or 'MO' 4' Db.) EA 10 51,900.00 519,000.00 30 Drop Inlet (Type 'C 4'x5') EA 1 52,200.00 52,200.00 31 Drop Inlet (Type 'C 41x6) EA 1 52,500.00 52,500.00 32 Drop Inlet (Type t. 4x20') EA 1 57,500.00 57,500.00 33 Drop Inlet (Type 'C' 5'x5') EA 1 52,500.00 52,500.00 34 Drop Inlet (Type 'C' 5'x16') EA I 57,100.00 57,100.00 35 Grate Inlet (4'x4') EA 1 52,900.00 52,900.00 36 Grate Inlet (5'x13') EA 1 57,100.00 57,100.00 37 Drop Inlet Extension (4') EA 12 5600.00 57,200.00 38 Junction Box 4'x4' or 'MO' 4' Dia. EA 1 51,700.00 51,700.00 39 Convert Drop Inlet to Junction Box EA I 5900.00 5900.00 40 Adjust Manhole to Finished Grade EA 3 5750.00 52,250.00 41 Adjust WatcT Valve to Finished Grade EA 3 5200.00 5600.00 42 Relocate Flashing Advance Crossing Sign LS 1 52,100.00 52,100.00 43 Concrete Outlet Structure Top (51) EA I 51,000.00 51,000.00 44 Concrete Sidewalk (4") w/ Agg. Base (4") SY 1,650 545.00 574,250.00 45 Concrete Access Ramp (4") w/ Agg. Base (4") SY 65 545.00 52,925.0(1 46 Detectable Warning Surfaces SF 132 535.00 54,620.00 47 Concrete Driveway (6") SY 375 549.00 S 18,375 00 48 Sailing and Mulching AC 2.0 53,500.00 57,000.00 49 Solid Sodding SY 1,20(1 55.00 56,000.00 50 Imported Top Soil CY 1,400 514.50 520,300.00 51 Baled Straw Ditch Check (E-3) EA 30 5150.00 54,500.00 52 Silt Fence (E -I) LF 600 512.00 57,200.00 53 Drop It Silt Fence (E-2) EA 19 5400.00 57,600.00 54 Thermoplastic Pavement Marking White or Yellow (4") LF 4,500 50.55 52,475.00 55 Thermoplastic Pavement Marking Whitc (18") 15 650 58.80 55,720.00 56 Thermoplastic Pavement Marking White (12") LF 130 57.70 51,001.00 57 Thermoplastic Pavement Marking (ARROWS) FA 9 5220.00 51,980.00 58 'Ihcrmoplastic Pavement Marking (WORDS) EA 3 5250.00 5750.00 59 Plowable Pavement Marker (Type 1) (Clear) EA 35 544.00 51,540.00 60 Plowable Pavement Marker (Type 11) (Yellow/Yellow) EA 45 544.00 51,980.00 61 Standard Signs SF 27.8 512.00 5333.60 ..1..,- ._ 1` vlr ",�4bLLc(91iRil i %lei tl rifi',WftiW 0 t7:s.. - j. . 1 - _it iati`,1/.,1!) Happy Hollow Rd & lluntsville Rd Intersection Improvements City of Fayetteville Engineering Division • October 13, 2005 Page 00500-3 1 1 1 1 1 1 1 1 1 1 1 1 1 • • 62 Service Point Assembly (2 Circuits) LS 1 51,500.00 51,500.00 63 System Local Controller (16 Phase) (Peek 3000E) EA 1 513,500.00 513,500.00 64 Video Detector (Mast Mount) (Philips VPK35I A w/loom Lens) EA 4 52,800.00 511,200.00 65 Video Processor Unit 4 Channel (Peck VideoTrak-905) EA 1 518,700.00 518,700.00 66 MDS 97108 Radio w/ Remote Diagnostics EA 1 52,600.00 52 600.00 67 Aaron RS -5A Power Supply EA 1 5405.00 5405.00 68 Kathrcin/Scala TY -900 Yagi Antenna FA 1 5525.00 5525.00 69 Polyphascr IS-50NX-C2 Arrestor EA 1 5175.00 5175.00 70 Pcico AB -3026 -84 -SS Mount w/ SEd0484-23 Tube Riser EA I 5300.00 5300.00 71 Pcico Flasher Controller Assy w/Ncma Flasher SE -1017 EA I 51,200.00 51,200.00 72 Non -Metallic Conduit (2") I.F 500 510.00 55,000.00 73 Non-Maallic Conduit (3") LF 300 522 00 56,600.00 74 Conaec Pull Box (Type 2) EA 5 5460.00 52,300.00 75 'Traffic Signal Cable (7c/I4 AWG) 1.1; 865 52.00 51,730.00 76 Traffic Signal Cable (20c/14 AWG) LF 250 54.40 51,100.00 77 Feeder Wire LF 760 51.00 5760.00 78 Video Cable I.F 570 55.60 53,192.00 79 Elect. Cond. for Luminaires/Flasher Controller (2c/12 AWG) I.F 720 51.60 51,152.00 80 Electrical Conductors -In -Conduit (2c/6 AWG) LF 280 54.10 51 148.00 81 Elcctrical Conductors -In -Conduit (Ic/8 AWG, EGC) LF 600 52.10 51,260.00 82 RFN-1006 31 Coax Connectors EA 4 540.00 5160.00 83 Belden 9913 Coax Cable LF 670 52.50 51,675.00 84 Traffic Signal Head (3 -Section) (L.E.D.) EA 6 5750.00 54,500.00 85 Traffic Signal Ilcad (1 -Section) (L.E.D.) EA 2 5450.00 5900.00 86 Traffic Signal Head (5 -Section) (L.E.D.) EA I 51,300.00 51,300.00 87 Pedestrian Signal Head (International Symbols) EA 6 5610.00 53,660.00 88 Traffic Signal Mast Arm and Pole With Foundation (25) EA 1 56,750.00 56,750.00 89 Traffic Signal Mast Arm and Pole With Foundation (28) EA 1 57,500.00 57,500.00 90 Traffic Signal Mast Ann and Pole With Foundation (35) EA 1 58,600.00 58,600.00 91 Traffic Signal Mast Arm and Pole With Foundation (38) EA 1 58 800.00 58,800.00 92 Traffic Signal Pedestal Pole With Foundation (14' Tall) liA 2 51,760.00 53,520.00 93 Traffic Signal Pedestal Pole With Foundation (35' Tall) EA I 53,820.00 53,820.00 94 Luminaire Asscmbly EA 3 5400.00 51,200.00 -.. i orf/"VLrctoin:11ri; brc`it1(o],Z,((o 31n7 T 1 t ;4,; U• 1 Happy Hollow Rd & Huntsville Rd Intersection Improvements City of Fayetteville Engineering Division October 13, 2005 Page 00500-4 • • 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 Engineer as provided in paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in paragraph 1 1.03.0 of the General Conditions. Article 5. PAYMENT PROCEDURES Swcctscr 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 Engineer as provided in the General Conditions. 5.1. Progress Payments. City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Sweetscr's Applications for Paymcnt as recommendtxl by Engineer, 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 he measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in thc event there is no schedule of values, as provide d 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 cast, less thc aggregate of payments previously made and less such amounts as Engineer shall determine, or City of Fayetteville may withhold, in accordance with paragraphs 14.02.8.5 & 14.02.D of thc 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 Engineer, and if the character and progress of the Work have been satisfactory to City of Fayetteville and Engineer, City of Fayetteville, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to thcm, there will be no additional retainage on account of work complcttxl, 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 14.02.8.5 & 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 Swectser to 98 percent of thc Contract Price (with the balance of 2 percent being retainage), less such amounts as Engineer shall determine, or City of Fayetteville may withhold, in accordance with paragraphs I4.02.B.5 & I4.02.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 Engineer as provided in said paragraphs 14.07.B & C. Article 6. CONTRACTORS REPRESENTATIONS. In order to induct City of Fayetteville to enter into this Agreement Swcctscr makes the following representations: 6.1. Swcctscr has cxamincxl 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." Happy Hollow Rd & Huntsville Rd Intersection Improvements ,City of Fayetteville gincering Division October 13, 2005 Page 00500-5 6.2. Sweetser 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. Sweetser 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. Sweetser 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. Sweetser 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 Sweetser is entitled to rely as provided in paragraph 4.02 of the General Conditions. Sweetser acknowledges that such reports and drawings arc not Contract Documents and may not be complete for Swcctser's purposes. Sweetser acknowledges that City of Fayetteville and Engineer 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. Sweetser has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tots, 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 Sweetser and safety precautions and programs incident thereto. Sweetser doe not consider that any additional examinations, investigations, explorations, tests, studies, or data arc necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with thc other terms and conditions of the Contract Documents. 6.5. Swcetser is aware of the general nature of work to he performed by City of Fayetteville and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. Sweetser has correlated the information known to Sweetser, information and observations obtained from visits to the site, reports and drawings identified in thc Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. Sweetser has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Sweetser has discovered in the Contract Documents and the written resolution thcreof by Engineer is acceptable to Sweetser and the Contract Documents are generally sufficient to indicate and convey understanding of all terns 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 Sweetser concerning the Work consist of the following: 7.1. This Agreement (pages I to 9, inclusive). 7.2. Performance and Payment Bonds (Exhibits A and II respectively). 7.3. Certificates of Insurance (Exhibit C). appy Hollow Rd & Huntsville Rd Intersection Improvements ty of Fayetteville Gering Division • October 13, 2005 Page 00500-6 • 7.4. 7.5. 7.6. 7.9. 7.10. 7.1 1. Two sets of drawings (not attached hereto) consisting of cover sheets and additional sheets with each sheet bearing the following general titles: • • Documentation subtnitux1 by Sweetser prior to Notice of Selection (Exhibit D). General Conditions (pages 1 to 41, inclusive). Supplementary Conditions (pages 1 to 12 inclusive). Specifications consisting of Divisions 1 through 16 as listed in table of contents thereof. Addenda number 1. Happy Hollow Rd & Huntsville Rd (Hwy 16) Intersection Improvements (44 sheets total) floppy Hollow Rd & Huntsville Rd (Hwy 16) Signalization Plans (5 sheets total) 7.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.12.1. Notice to Proceed 7.12.2. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than thosc 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 anothcr 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 Sweetscr 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 strickcn provision or part thcreof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. -i, Happy Hollow Rd & Huntsville Rd Intersection Improvements City of Fayetteville Engineering Division • October 13, 2005 Page 00500-7 Il • • Il8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance ofthe change in scope, cost or fees. 11 8.6. Freedom of Information Act. City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of n Information Act request is presented to the City of Fayetteville, Sweetscr will do everything possible to 'I 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 photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7. This contract must be interpreted under Arkansas Law. 1 1 1 1 II I� II 11 11 11 • t;Happy.Hollow Rd & Huntsville Rd Intersection Improvements E'City dfFayettevillc nguicering Division October 13, 2005 Page 00500-8 1 1 1 1 1 1 1 1 1 1 1 1 • • IN WITNESS WHEREOF, CITY OF FAYE'ITEVILLE and SWEETSER have signed this Agreement in quadruplicate. One counterpart each has been delivered to City of Fayetteville and Engineer, and two counterparts have been delivered to Swectser. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and Sweetser or identified by Engineer on their behalf. This Agreement will be effective on Nad,A,mbnY 1 Agreement). OWNER: . Ci of Fa etteville By: ayor Dan y Attest [CORPORATE SEAL] ,•„V• macs. \1Y 0E'•SCS :<p FAYEITEVILLE' ......... nnunuell' &UJc4_ r , 2005 (which is the Effective Date of the CONTRACTOR: Swee Address for giving notices By ction, Inc. WI am G. Sweetser President Title [CORPORATE SEAL] * Attest a * If a Corporation, attest the Secretary. Address for giving notices SWEETSER CONSTRUCTION, INC. 590 W POPLAR FAYETTEVILLE, AR 72703 (If Owner is a public body, attach License No. 002470406 evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement.) appy Hollow Rd & Huntsville Rd Intersection Improvements f Fayetteville g Division (If Contractor is a corporation, attach evidence of authority to sign) October 13, 2005 Page 00500-9 • • CITY OF FAYETTEVILLE HAPPY HOLLOW RD & HUNTSVILLE RD (HWY 16) INTERSECTION IMPROVEMENTS BID # 05-26 ADDENDUM #1 This Addendum /11 makes changes to the Bidding Requirements. This Addendum #1 consists of Pages AD1-1. Should there be any conflicts between the previous Plans and/or Specifications and this addendum, this addendum supersedes those documents. CHANGES TO THE BIDDING REQUIREMENTS: Section 00020 - ADVERTISEMENT FOR BIDS Page 00020-1, Revise the first sentence to read: Notice is given hereby that, pursuant to an order of the City Council of the City of Fayetteville, Arkansas, sealed bids will be received at Room 306, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 2:00 p.m. (local time) on Thursday, October 6, 2005, for ... Fayetteville, Arkansas. END OF ADDENDUM #1 The Bidder shall acknowledge receipt of the Addendum by return fax (479.575.8202), as well as, by submitting a signed copy with his Proposal and acknowledging receipt on Page 00300-1 of the Bid Form./n )ft) C,e_-�5 ea_ e-F)N r vc ,`o+) Acknowledged bY:1 ,4 t,t_9 Note: This addendum becomes a part of the bidding documents. City of Fayetteville 09/13/05 AD1-I 1 PAYMENT AND PERFORMANCE BOND • • ST. PAUL FIRE AND MARINE INSURANCE COMPANY Hartford, Connecticut 06183 Bond No.: 104530858 KNOW ALL PERSONS BY THESE PRESENTS, That we, Sweetser Construction Inc., as principal, (hereinafter called the "Principal"), and St. Paul Fire and Marine Insurance Company, a Minnesota corporation, as surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Fayetteville, AR, as Obligee, in the sum of One Million Two Hundred Twenty Eight Thousand Four Hundred Thirteen and 10/100 Dollars ($1,228,413.10) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, the Principal has entered into a Contract with Obligee dated 34 to,/ Pilo perform construction work for furnishing all labor and materials for Intersection Improvement at Happy Hollow Road and Huntsville Road (Hwy. 16), Fayetteville, AR ("Contract"). NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform the Construction Work to be performed under the Contract, and shall promptly make payment to Claimants, as hereinafter defined, for all labor and material actually used, consumed or incorporated in the performance of the Construction Work under the Contract, then this obligation shall be null and void, otherwise to remain in full force and effect. Surety's obligations hereunder to Obligee shall not arise unless Principal is in default under the Contract for failing to perform the Construction Work, and has been declared by Obligee to be in default under the Contract for failing to perform the Construction Work; and Obligee has performed its obligations under the Contract. In such event, Surety shall have a reasonable period of time to: 1. Upon entering into an acceptable written takeover agreement with Obligee, undertake to perform and complete the Construction Work to be done under the Contract; or 2. Obtain bids or negotiated proposals from qualified contractors for a contract for completion of the Construction Work to be done under the Contract, arrange for a contract to be prepared for execution by Obligee and contractor, to be secured with performance and payment bonds executed by a qualified surety; or 3. Waive its right to perform or complete the Construction Work pursuant to paragraphs 1 and 2 above, and with reasonable promptness under the circumstances: (a) After investigation, determine the amount for which it may be liable to the Obligee and, as soon as practicable after the amount is determined, tender payment therefor to the Obligee; or (b) Deny liability in whole or in part and notify the Obligee citing reasons therefor. 4. The Contract balance, as defined below, shall be credited against the reasonable construction cost of completing the Construction Work to be performed under the Contract. If completed by Obligee pursuant to paragraphs 2 or 3 above, and the reasonable construction cost of completing the Construction Work exceeds the Contract balance, Surety shall pay to Obligee such excess, but in no event shall the aggregate liability of Surety exceed the amount of this bond. If Surety completes the work pursuant to paragraph 1 above, that portion of the Contract balance as may be required to complete the Construction Work to be done under the Contract and to reimburse Surety for its outlays shall be paid to Surety at the times and in the manner as said sums would have been payable to Principal had there been no default under the Contract. To the extent that Surety's outlays exceed the Contract balance paid to Surety by Obligee, Surety shall be entitled to a dollar for dollar reduction of its liability under this bond, and Surety's aggregate liability shall not exceed the penal sum of this bond. The term "Contract balance" as used herein shall mean the total amount payable by Obligee under the Contract and any amendments thereto, less the amounts properly paid by Obligee to Principal under the Contract. The term "Construction Work" as Payment and Performance Bond - Page 1 of 3 1 1 1 used herein shall mean the providing of all labor and/or material necessary to complete Principal's scope of work under the Contract. Notwithstanding any language in the Contract to the contrary, the Contract balance shall not be reduced or set off on account of any obligation, contractual or otherwise, except the reasonable construction cost incurred in completing the Construction Work. 5. Any suit by Obligee under this bond must be instituted before the earlier of: (a) the expiration of one year from the date of substantial completion of the Construction Work, or (b) one year after Principal ceased performing the Construction Work, excluding warranty work. If the public works bond statutes in the location where the Construction Work is being performed contains a statute of limitations for suits on the performance bond, then the limitation period set forth herein shall be read out of this bond and the statute of limitation set forth in the public works bond statutes shall be read into this bond. If the limitation set forth in this bond is void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, and said period of limitation shall be deemed to have accrued and shall commence to run no later than (y) the date of substantial completion of the Construction Work, or (z) the date Principal ceased performing Construction Work, excluding warranty work, whichever occurs first. 6. A Claimant is defined as one other than Obligee having a contract with Principal or with a direct subcontractor of Principal to supply labor and/or materials and said labor and/or material is actually used, consumed or incorporated in the performance of the Construction Work under the Contract. 1 1 1 1 1 1 7. Principal and Surety hereby jointly and severally agree with Obligee that every Claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed or materials were fumished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for the amount due under Claimant's contract for the labor and/or material supplied by Claimant which was actually used, consumed or incorporated in the performance of the Construction Work, and have execution thereon; provided, however, that a Claimant having a direct contractual relationship with a subcontractor of Principal shall have a right of action on this bond only if said Claimant notifies Surety in writing of its claim within ninety (90) days from the date on which said Claimant did or supplied the last labor and/or materials for which the claim is made. Obligee shall not be liable for the payment of any costs or expenses of any such suit. 8. No suit or action shall be commenced hereunder by any Claimant after the expiration of the earlier of: (a) one year after the day on which Claimant last supplied the labor and/or materials for which the claim is made; or (b) the limitation period set forth in the public works bond statutes, if any, in the location where the construction work is being performed. Any limitation contained in this bond which is prohibited by any law controlling in the state where the suit is filed shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by the law of that state, and said period of limitation shall be deemed to have accrued and shall commence to run on the day Claimant last supplied the labor and/or materials for which the claim is made. 9. No suit or action shall be commenced hereunder by Obligee or any Claimant other than in a state court of competent jurisdiction in 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 which the project, or any part thereof, is situated, and not elsewhere. 10. The amount of this bond shall be reduced by and to the extent of any payment or ;payments made by Surety in good faith hereunder whether made directly to Obligee or Claimant(s) or otherwise in discharge of Principal's obligations. Surety's liability hereunder to Obligee and all •laimants is limited singly, or in the aggregate, to the penal sum of the bond set forth herein. Surety rayt. at its option, discharge all obligations under this bond by interpleading into the registry of any courtlof competent jurisdiction of the full unused penal sum of this bond, or such portion thereof that e�IF satisfy the obligations owed to Obligee and/or Claimant(s). No right of action shall accrue on this ri • to any person or entity other than Obligee and/or Claimant(s). The bond shall not afford • • Payment and Performance Bond - Page 2 of 3 1 1 1J 1 1 1 1 1 1 1 1 1! a_ 1 • coverage for any liability of•ncipal for tortious acts, whether ort said liability is direct or is imposed by the Contract, and shall not serve as or be a substitute for or supplemental to any liability or other insurance required by the Contract. 11. This bond is provided to comply with a statutory or other legal requirement for performing construction contracts for public owners in the location where the construction work is being performed. Except as provided in paragraphs 5 and 8 above, all provisions in the bond which are in addition to or differ from those statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. This bond is a statutory bond, not a common law bond. Signed this / Sfi day of On r) 2004, Sweetser Construction In William 9tlfeetser St. Paul Fire and Marine Insurance Company By Robert M. Davis, Attomey-in-Fact Payment and Performance Bond - Page 3 of 3 1 1 1 1 1 1 1 1 1 1 1 1 1 • StFBui Surety St. Fin ssarasat Comma.a Camay 51. Ad Mercury amnia Campa.y Seaboard army Coaapasy • Udad Sam Fidelity .ad Camay Company Fidam ompay Fidelity and Gunny Swan U.dennf er , lac. St Pal Medical liability loam= Company Bond No. 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 5100,000,000,000 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 $100,000,0001000. 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. • 1 1 1 • 1 1 1 1 1 • 1 1 7heStPaVl • • POWER OF ATTORNEY Seaboard Surety Company SI. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 51. Paul Mercury Insurance Company Power of Attorney No. 20778 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. 2197552 KNOW AL1. 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 Si. Paul Mercury Insurance Com any are corporations duly organized under the laws of the State of Minnesota, and that Iinited Stales 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 curpxation duly organized under the laws of the State of Iowa. nd that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly organized sealer the laws of the State of Wisconsin (herein collectively railed the 'Companies"). and that the Companies do hereby make. constitute and appoint Roland Kilian, Cecil Bridgers, Adrian Luttrell, Christine Piker, Donna Tito and Robert M. Davis Fayetteville Arkansas of the City of , State _ . their true and lawful Auomey(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 die nature iheneof on behalf of the Companies i4n-their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undenakin , yuiri 01NrmiticiJ�ny actions or proceedings allowed by law. �n,� • c �v 19th May 2003 IN WITNESS WIIEREOF, the Companies have caused this instrun en to be Signed and s(%1 his day of `y r % `-11 Seaboard Surely Company 1`� ` ` . v+ United States Fidelity and Guaranty Company Sl. Paul Fire and Marina `ssarance•h(:dbtpany ANN.•L Fidelity and Guaranty Insurance Company SL Paul Guardian Insurance Co,IDaoy ?`` Fidelity and Guaranty Insurance Underwriters. Inc. S. Paul Mercury Irtsu�� lfl pa w �VkA .-. , 1/ b *0 VV PETI:R W. CARMAN. V¢e Presideni State of Maryland City of Baltimore TIOMAS E IIOIIiRISGTSE. Assistant Secretary On this 19th day of May 2003 before mc, 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. 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.: and that the seals affixed to the foregoing instrument are the corporate seals of said Companies. and that they, as such. bring 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 Whereor, 1 hereunto set my hand and official seal. My Couunission expires the I sl day of July. 2006. 86203 five. 7-2002 Printed in U.S.A. REBECCA EASLEYONOKALA. 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, Si. P Fire and Marine Insurance Company, St. Paul Guanlian Insurance Company. Si. Paul Mercury Insurance Company. United Slates Fidelity and Guaranty Compal Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2. 1998. which resolutions arc now in full force a effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds. undenakings, contracts and other instruments relating to said business may be signed. executed. amt acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Powerls) of Attorney for and on behalf of the Company may and shall he 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 thc 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 cenificate relating thereto appointing Attorneys) -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings ohligatory in the nature thereof, and subject to any limitations set forth therein. any such Power of Attorney or cenifcate bearing such facsimile signature or facsimile seal shall he valid and binding upon the Company. and any such power so executed and certified by such facsimile signature and facsimile seal shall he valid and binding upon the Company with respect to any pond 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 Pants and limitations of the Power of Attorney issued them, to execute and deliver on behalf of thc 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. Huibreglse, Assistant Secretary of Seaboard Surety Company, St Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Compa St. Paul Mercury Insurance Company. United Stales Fidelity and Guaranty Company. Fidelity and Guaranty Insurance Company. and Fidelity and Guaranty Insura, Underwriters, Inc. do hereby cenily that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which is in full fo and effect and has not been revoked. IN TF_STIMONY WHEREOF', I hereunto set my hand this day of Men /A '�� s.1/\°� Thomas E. Huibregtse. Assistant Se mazy ^a aM 1 • To verify the authenticity of this Power of Attorney, call I-800-42);-,880 `'ask for theft of `a ney clerk. Please refer to the Power of Attorney number, the above-named individuals. and the details of the bond to wvhiic�hh theower is aftadheedd. rft • lL .fr VI o' `� �� AtORD_ CERTIFICATbOF LIABILITY INSURAN CSR SP SWEET -1 DATE(MWOdWYY) 11/07/05 ER son Insurance Agency 2340 Green Acres Rd, Suite *10 P.O. Box 4217 THIS CERTIFICATE IS UED 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 POUCIES EXTEND OR BELOW. yetteville AR 72703 hone:479-521-2233 INSURERS AFFORDING COVERAGE NAICS INSURED INSURER A. Cincinnati Insurance Co 10677 INSURER B: SWEBTSBR CONSTRUCTION INC. 590 W. Poplar INSURER C. Fayetteville AR 72703 INSURERO. INSURER E. OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TIE 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 CERT1ICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TRIMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS R'ADPI EFFECTIGE-PouCPEXPRp1iON R INSRC TYPE OF INSURANCE POLICY NUMBER WLEY DATE (MM/O0/YY) DATE (MWDO/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE 1110001000 X COMMERCIAL GENERAL LIABILITY CPP0918275 10/30/05 10/30/06 ww. PMIS�ES(Ea ) 1 500,000 ICWNS MADE X OCCUR MED EXP (Any one penal) f 10,000 PERSONAL 1 ADV INJURY 11 , 000,000 GENL GENERAL AGGREGATE 12,000,000 AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPAOPAGG 12,000,000 n JJEECTT n LOC POLICY AUTOMOBILE LIABILITY X ANY AUTO CPA0918275 10/30/05 10/30/06 COMBINED SINGLE LIMB (Ea accident) f 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS (Perppen ) RY 1 X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per ;Rodent) 1 PROPERTY DAMAGE (Pe, accident) 1 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC 1 AUTO ONLY. AGC 1 EXCESSNMBRELLA LIABILITY (' H EACH EACH OCCURRENCE 1 I GUMS MADE AGGTE 1 DEDUCTIBLE 1 _ RETENTOCCUR ION 3 f 1 COMPENSATION AND OYERS'LIABILITY WC TORY LIMITS I l° ETLL TH- R /PROPRIETOR/PARTNER/EXECUTIVEWC184387300 CERA/EMBER EXCLUDED? 10/30/05 10/30/06 EX. EACH ACCIDENT 1100000 'Rua* E.L. DISEASE EA under CAL PROVISIONS - EMPLOYEE 1100000 Wow E. L. DISEASE -POLICY HMR 1500000 OF OPERATIONS / LOCATIONS / VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT 1 SPFCIAI Pernnenue tIE, MOLDER CRPity Of Fayetteville X1.13 W. Mountain aYetteville AR 72701 ;jos): CITYDO1 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPO ATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MNL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER RS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE G C ACORD CORPORATION 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. t2Ooi>ost • City of Fayetteville, Arkansas Budget Adjustment Form • Budget Year 2005 Department Division: Program: Sales Tax Capital Improvements Date Requested 10/7/2005 Adjustment Number Project or Item Added/Increased: $843,330 is requested for the Huntsville & Happy Hollow Intersection Construction Project Project or Item Deleted/Reduced: Completed construction projects with remaining balances have been identified for balance transfers. This also includes projects that are no longer viable for the forseeable future. Justification of this Increase: Funding is needed to cover the construction cost of the project, as well as, land acquisition, materials testing, inspection & contract administration. Justification of this Decrease: Excess funds are available from completed construction projects, or projects that are no longer viable for the foreseeable future. Account Name Increase Expense Budget (Decrease Revenue Budget) Account Number Amount Street improvements 4470 9470 5809 Account Name Street improvements Project Number 00 843,330 04011 Decrease Expense Budget (Increase Revenue Budget) Account Number Amount 4470 9470 5809 00 843,330 See Attached List Project Number Approval Signatures Requested By Budget Manager Department Difector 4►p.: c�\ Finan Internal Services Director Date Date 10.1405 Date Date /47/91 Date Type: A Budget Office Use Only B C Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log E Initial Date Initial Dale Initial Date Initial Date