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121-06 RESOLUTION
- 4 RESOLUTION NO, 121-06 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH BOSSLER CONTRACTING, INC. IN THE AMOUNT OF $1,466,000.00 FOR CONSTRUCTION OF FIRE STATION #5; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $117,280.00. 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 approves a contract with Bossler Contracting, Inc. in the amount of $1,466,000.00 for construction of Fire Station #5. 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 in the amount of $117,280.00. PASSED and APPROVED this 6th day of July, 2006. %4,. cjvvy 0 ,G LV ; �< 'c @FAYETTEVILLE* APPROVED: ATTEST: By: By: SONDRA SMITH, City Clerk RAIA Document A101TIM -1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of (In words, indicate day, month and year) BETWEEN the City of Fayetteville: (Name, address and other information) City of Fayetteville 113 West Mountain Fayetteville, Arkansas and the Contractor: (Name; address and other information) Bossier Contracting Inc. 116 S. Broadway Siloam Springs, Arkansas Telephone Number (479) 549-3971 Fax Number (479) 549-3972 The Project is: (Name and location) City of Fayetteville - Fire Station No 5 Crossover & Old Wire Roads Fayetteville, AR 72701 The Architect is: (Name, address and other information) Wittenberg, Delony & Davidson, Inc 2434 East Joyce Blvd., Suite 10 Fayetteville, AR 72703 Telephone Number: (479) 442-6681 Fax Number: (479) 251-0231 The Owner and Contractor agree as follows. in the year of ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard forth. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation With an attorney is encouraged with respect to its completion or modification. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AIA Document A101nr —1997. Copyright ® 1915. 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A1As Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:40:47 on 06/23/2006 under Order No.1000187539_5 which expires on 8/512006, and is not for resale. User Notes: (2793261391) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the.City of Fayetteville (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The commencement date Will be fixed in a notice to proceed. Including all days, holidays and other calendar days. t If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time.shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 300 days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) ARTICLE4 CONTRACTSUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Million, Four Hundred Thousand, Sixty Six and no/100 dollars ($ 1,466,000.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the City of Fayetteville: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Document Af01 *s —1997. Copyright 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:40:47 on 06/23/2006 under Order No.1000187539_5 which expires on 8/5/2006, and is not for resale. User Notes: (2793261391) No alternates are taken § 4.3 Unit prices, if any, are as follows: Description Trench Safety Undercut Select Fill, Placement & Compaction Units Price ($ 0.00) Lump Sum $19000.00 Cubic Yards $9.00 Cubic Yards $19.20 The City of Fayetteville reserves the right to negotiate all Unit Prices that are not in line with industry standards and normal Construction Industry Practices. ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the City of Fayetteville shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5,1.3 Provided that an Application for Payment is received by the Architect not later than the 30th day of a month, the City of Fayetteville shall make payment to the Contractor not later than the 30th - day of the next month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the City of Fayetteville not later than Thirty ( 30 ) days after the Architect processes and sends to the City of Fayetteville the Application for Payment. § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1:5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten ( 10% ). Pending final determination of cost to the City of Fayetteville of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the City of Fayetteville, suitably stored off the site at a location agreed upon in writing), less retainage of Ten ( 10%d );Storage of materials in a Sub -Contractor, Vendor or others company warehouse is not sufficient to be a claim for stored materials and will not be made a part of any Payment Application. Only materials stored at the site will qualify as stored materials for payment. .3 Subtract the aggregate of previous payments made by the City of Fayetteville; and AIA Document A101w —1997. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA° Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:40:47 on 06/23/2006 under Order No.1000187539 5 which expires on 815/2006, and is not for resale. User Notes: - (2793261391) .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-1997. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) Any reduction in retainage amount as provided by State law or otherwise will only be made if the City of Fayetteville is in agreement that the Work has progressed with satisfactory (to the City of Fayetteville) workmanship and proper progress in execution of the work has been attained. Written consent of Surety to reduction in Retainage much be provided by the Contractor. § 5.1.9 Except with the City of Fayetteville's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. .3 The Contractor has completed all project "close-out" requirements as stated in the Contract Documents including as -built record documents. lien releases from all sub -contractors, major vendors and suppliers and all other requirements indicated in the Contract Documents. § 5.2.2 The City of Fayetteville's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: 5.2.3 No issuance of a Progress Payment, Final Payment Application or payment of such by the City of Fayetteville, nor partial nor entire occupancy of the Work by the City will release the Contractor, Sub -Contractor or other(s) from the requirement to provide the Work in full accordance wit the Contract Documents, or shall be construed as acceptance of any Work or materials not in accordance with this Agreement and the Contract Documents. ARTICLE 6 TERMINATION OR SUSPENSION § 6.1 The Contract may be terminated by the City of Fayetteville or the Contractor as provided in Article 14 of AIA Document A201-1997. AIA Document A701"r-1997. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:40:47 on 06/23/2006 under Order No. 1000187539_5 which expires on 8/5/2006, and is not for resale. User Notes: (2793261391) § 6.2 The Work may be suspended by the City of Fayetteville as provided in Article 14 of AIA Document A201- 1997. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under.the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) ( ) per annum None. The City of Fayetteville can not pay interest. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the City of Fayetteville's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 The Owner's representative is: (Name, address and other information) Dr. Coy Hurd 113 West Mountain Fayetteville, Arkansas § 7.4 The Contractor's representative is: (Name, address and other information) Robert Bass 116 S Broadway Siloam Springs, Arkansas § 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 7.6 Other provisions: 7.6.1 Increase in the price or fees of this Agreement shall not be allowed without a prior, formal Change Order approved by the Mayor and City Council in advance of the increase in the cost of the Work. 7.6.2 Freedom of Information Act Compliance. City contracts and documents prepared while performing City 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 requested to the City in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25.19-10let.seq.). Only legally authorized photocopying costs pursuant to an FOA to the City of Fayetteville may be assessed for this compliance. No cost for labor or time in complying with the photocopying costs shall be assessed. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101-1997. AIA Document A101 el —1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:40:47 on 06/23/2006 under Order No.10001875395 which expires on 81512006, and is not for resale. User Notes: (2793261391) § 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997. § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows Document Title Pages See Attachment "A" § 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: See Attachment "A" (Rows deleted) § 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: See Attachment `B" (Rows deleted) § 8.1.6 The Addenda, if any, are as follows Number Date Pages No 1 6/16/06 4 with attachments COA, Cl. 11 C1.2, C1.3, CIA, L1.1. C5.0, ADD1.01, ADD 1.02 and Document 16720 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. § 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to fonn part of the Contract Documents. AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) All Division "0" (Bidding) items are part of this Agreement in are listed in Attachment "A" This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of jj��hich one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract add the remai oar to the Owmer. A/J DAN CODDY, Mayor (Signau)reTU CONT CTOR (Signatu )�4 s nGAl iCmd V /P-ayoft -f vHs (Printed name an ti e) (Printed name and title) AIA Document A101 m —1997. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:40:47 on 06/23/2006 under Order No.1000187539_5 which expires on 8/5/2006, and is not for resale. User Notes: (2793261391) Attest: Sondra Smith, City Clerk AIA Document A101TM —1997. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:40:47 on 06/23/2006 under Order No.1000187539_5 which expires an 615/2066, and is not for resale. User Notes: (2793261391) Additions and Deletions Report for AIA Document A101 TU -1997 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 14:40:47 on 06/23/2006. BETWEEN the Owner -City ofFayetteville: City of Fayetteville 113 West Mountain Fayetteville, Arkansas Bossler Contracting Inc. 116 S. Broadway Siloam Springs, Arkansas Telephone Number (479) 549-3971 Fax Number (479) 549-3972 City of Fayetteville - Fire Station No 5 Crossover & Old Wire Roads Fayetteville, AR 72701 Wittenberg. Delon & Davidson. Inc 2434 East Joyce Blvd., Suite 10 Fayetteville, AR 72703 Telephone Number: (479) 442-6681 Fax Number: (479) 251-0231 § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by t`�mthe.City of Fayetteville The commencement date will be fixed in a notice to proceed Includingall II days, holidays and other calendar days. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 300 days from the date of commencement, or as follows: § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Million Four Hundred Thousand Sixty Six and no/100 dollars ($ 1.466.000.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner—. City of Fayetteville: PAGE 3 Additions and Deletions Report for AIA Document A1101 ^r —1997. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958. 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Al a Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:40:47 on 06/23/2006 under Order No.1000187539_5 which expires on 8/5/2006, and is not for resale. User Notes: (2793261391) No alternates are taken Trench Safety Lump So $1,000.00 Undercut Cubic Yards $9.00 Select Fill. Placement & Compaction Cubic Yards 19.20 The City of Fayetteville reserves the rieht to negotiate all Unit Prices that are not in line with industry standards and normal Construction Industry Practices. § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Awner-City of Fayetteville shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 30th day of a month, the Owner -City of Fayetteville shall make payment to the Contractor not later than the 30th day of the next month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner -City of Fayetteville not later than Thirty ( 30 ) days after the Architect . _.._.: c� processes and sends [o [he City of Fayetteville the Application for Payment. .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten ( 1010%a ). Pending final determination of cost to the Owner -City -of Fayetteville of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the OwneFCity of Fayetteville. suitably stored off the site at a location agreed upon in writing), less retainage of Ten ( 10% );Storage of materials in a Sub -Contractor. Vendor or others company warehouse is not sufficient to be a claim for stored materials and will not be made a partof any Payment APolication. Only materials stored at the site will qualify as stored materials for payment. 3 Subtract the aggregate of previous payments made by the BwneF City of Fayetteville; and PAGE Any reduction in retainage amount as Drovided by State Law or otherwise will only be made if the City of Fayetteville is in agreement that the Work has progressed with satisfactory (to the City of Fayetteville) workmanship and Droner Droeress in execution of the work has been attained. Written consent of Surety to reduction in Retainage much be Provided by the Contractor. § 5.1.9 Except with the Ownef!9-City of Fayetteville's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 3 The Contractor has comoleted all oroiect "close-out' reuuirements as stated in the Contract Documents including as -built record documents lien releases from all sub -contractors, major vendors and suppliers and all other requirements indicated in the Contract Documents. § 52.2 The Owner's -City of Fayetteville's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: 5.2.3 No issuance of a Progress Payment Final Payment Application or payment of such by the City of Fayetteville nor partial nor entire occupancy of the Work by the City will release the Contractor Sub -Contractor or other(s) from the requirement to provide the Work in full accordance wit the Contract Documents or shall be Additions and Deletions Report for AIA Document A10 nO —1997. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIO Document is protected by U.S. Copyright Law and 2 International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:40:47 on 06/23/2006 under Order No.1000187539_5 which expires on 81512006, and is not for resale. User Notes: (2793261391) construed as acceptance of any Work or materials not in accordance with this Agreement and the Contract Documents. § 6,1 The Contract may be terminated by the Owner -City of Fayetteville or the Contractor as provided in Article 14 of AIA Document A201-1997. PAGE § 6.2 The Work maybe suspended by the Owner-Ciiof Fayetteville as provided in Article 14 of AIA Document A201-1997. ( ) per annum None. The City of Fayetteville can not pay interest. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Awrfef:s-Cih1 of Favetteville's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) Dr. Coy Hurd 113 West Mountain Fayetteville, Arkansas Robert Bass 116 S Broadway Siloam Springs, Arkansas -7.6.1 Increase in the price or fees of this Agreement shall not be allowed without a prior, formal Change Order approved by the Mayor and City Council in advance of the increase in the cost of the Work. 7.6.2 Freedom of Information Act Compliance City contracts and documents prepared while performing Citv 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 requested to the City in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (ACA 25-19-1 Ole[ seq ) Only legally authorized photocopying costs pursuant to an FOA to the City of Fayetteville may be assessed for this compliance No cost for labor or time in complying with the photocopying costs shall be assessed. PAGE See Attachment "A" Title of Specifications exhibit: See Attachment "A" Sestlen T& Pages Title of Drawings exhibit: See Attachment "B" Number TINe cafe No 1 6/16/06 4 with attachments C0.0 Cl I, C1.21 C1.3, CIA, LI.1. C5.0, ADD 1.01. ADD 1.02 and Document 16720 Addalons and Deletions Report for AIA Document A101 n' -1997. Copyright ®1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAr Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:40:47 on 06/23/2006 under Order No. 1000187539_5 which expires on 615/2006, and is not for resale. User Notes: (2793261391) All Division "0" (Bidding) items are part of this Agreement in are listed in Attachment "A" OWN€R-DAN COODY, Mayor (Signature) CONTRACTOR (Signature) Attest: 'Sondra Smith. City Clerk Additions and Deletions Report for AIA Document A101TM .1997. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:40:47 on 06123/2006 under Order No.1000187539 5 which expires on 81512006, and Is not for resale. User Notes: (2793261391) �l 4 Certification of Document's Authenticity AIA® Document D401"m - 2003 I, Richard Alderman, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 14:40:47 on 06/23/2006 under Order No. 1000187539_5 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A10 1T — 1997 - Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401r" -2003. Copyright m 1992 and 2003 by Tha American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this Al a Document, or any portion of 11, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:40:47 on 06123/2006 under Order No.1000187539 5 which expires on 8/5/2006, and is not for resale. User Notes: (2793261391) FAYETTEVILLE FIRE STATION NO, 5 FAYETTEVILLE, ARKANSAS WDD JOB # 06-007 "ATTACHMENT A" Page 1 of 3 General Supplementary and other Conditions of the Contract are those contained in the Project Manual dated May 15, 2006, and are as follows: GEOTECHNICAL DATA DOCUMENT NO. TITLE 00100 BID SOLICITATION 00200 INSTRUCTIONS TO BIDDERS 00300 WAGE RATES 00310 OSHA GUIDELINES FOR TRENCH SAFETY 00320 GEOTECHNICAL DATA 00330 EXISTING'CONDITIONS 00400 BID FORM 00600 BONDS 00700 GENERAL CONDITIONS 00800 SUPPLEMENTARY CONDITIONS The Specifications are those contained in the Project Manual dated May 15, 2006, and are as follows: SECTION NO. TITLE 01100 SUMMARY OF WORK 01210 ALLOWANCES 01230 ALTERNATES 01300 SUBMITTALS AND SUBSTITUTIONS 01450 TESTING LABORATORY SERVICES 01500 TEMPORARY FACILITIES AND CONTROLS 01640 OWNER FURNISHED PRODUCTS 01700 CLEANING 02200 SITE PREPARATION 02220 DEMOLITION AND REMOVAL OF FACILITES 02231 CLEARING AND GRUBBING 02300 EARTHWORK 02310 EARTHWORK - UNIT PRICING 02315 TRENCH AND EXCAVATION, BACKFILL AND COMPACTING 02316 STONE BACKFILL 02317 BORROW 02360 TERMITE CONTROL 02375 TEMPORARY EROSION CONTROL 02630 DRAINAGE PIPING 02722 AGGREGATE BASE COURSE 02746 ASPHALTIC CONCRETE PAVING / 02748 PORTLAND CEMENT CONCRETE PAVING 02765 PAVEMENT MARKINGS 02770 CONCRETE CURBS AND SIDEWALKS 02832 MORTARLESS RETAINING WALLS 02810 LANDSCAPE SPRINKLER SYSTEM 02923 SEEDING 02924 SODDING 02934 TREES, SCRUBS AND GROUND COVER 03100 CONCRETE FORM WORK 03200 CONCRETE REINFORCEMENT 03300 CAST -IN-PLACE CONCRETE 03450 ARCHITECTURAL PRECAST CONCRETE 03600 CONCRETE GROUTING AND PATCHING 04100 MORTAR 04150 MASONRY ACCESSORIES 04200. UNIT MASONRY 05100 STRUCTURAL STEEL 05200 METAL JOISTS 05300 METAL DECKING 05500 MISCELLANEOUS METAL 05550 STEEL STAIRS AND PIPE RAILING 06100 ROUGH CARPENTRY 06200 FINISH CARPENTRY 06400 ARCHITECTURAL WOODWORK 07150 DAMPPROOFING 07200 INSULATION 07410 STANDING SEAM METAL ROOFING 07525 MODIFIED BITUMEN SHEET ROOFING 07600 FLASHING AND SHEET METAL 07700 ROOF SPECIALTIES AND ACCESSORIES 07850 FIRESTOPPING 07900 JOINT SEALANTS 08100 METAL DOORS AND FRAMES 08200 WOOD DOORS 08350 OVERHEAD DOORS 08400 ENTRANCES, STOREFRONTS, AND WINDOWS 08700 HARDWARE 08800 GLAZING 09250 GYPSUM DRYWALL 09260 SHEATHING 09310 TILE 09510 ACOUSTICAL CEILINGS 09650 RESILIENT FLOORING 09690 CARPET TILES 09900 PAINTING 10350 FLAGPOLES 10400 IDENTIFYING DEVICES 10440 INTERIOR SIGNAGE 10520 FIRE PROTECTION SPECIALTIES 10800 TOILET AND BATH ACCESSORIES 10950 MISCELANEOUS SPECIALTIES 11450 RESIDENTIAL EQUIPMENT 12490 HORIZONTAL BLINDS 15010 GENERAL MECHANICAL REQUIREMENTS 15250 MECHANICAL INSULATION 15330 WET PIPE SPRINKLER SYSTEM 15411 SANITARY DRAIN, WASTE, AND VENT PIPING SYSTEM 15412 DOMESTIC WATER PIPING SYSTEM 15413 NATURAL GAS PIPING SYSTEM 15440 PLUMBING FIXTURES AND TRIM 15456 GAS FIRED WATER HEATERS - COMMERCIAL GRADE 15624 GAS FIRED INFRA -RED HEATERS, NON -CONDENSING TYPE 15627 ELECTRIC INFRA -RED HEATERS 15629 ELECTRIC UNIT HEATERS 15781 PACKAGED ROOFTOP AIR CONDITIONING UNITS - CONSTANT VOLUME 15860 FANS 15865 VEHICLE EXHAUST REMOVAL SYSTEM 15890 LOW PRESSURE DUCTWORK AND ACCESSORIES 16010 GENERAL ELECTRICAL REQUIREMENTS 16110 RACEWAYS 16120 WIRES AND CABLES 16130 BOXES AND ENCLOSURES 16140 WIRING DEVICES 16170 DISCONNECT SWITCHES 16190 SUPPORTING DEVICES 16195 ELECTRICAL IDENTIFICATION 16421 UNDERGROUND ELECTRICAL SERVICES 16422 TRANSIENT VOLTAGE SURGE SUPPRESSOR, HIGH EXPOSURE 16450 GROUNDING 16471 CIRCUIT BREAKER PANELBOARDS, 240 VAC 16472 CIRCUIT BREAKER POWER DISTRIBUTION 16485 CONTACTORS 16510 LIGHTING FIXTURES 16621 ENGINE -GENERATOR SET, PACKAGED 16627. AUTOMATIC TRANSFER SWITCH FAYETTEVILLE FIRE STATION No. 5 FAYETTEVILLE, ARKANSAS WDD JOB # 06-007 "ATTACHMENT B" Page 1 of 2 The drawings are as follows and are dated May 15, 2006, unless a different date is shown below: SHEET NO. TITLE DATE T1.2 INDEX AND GENERAL INFORMATION C0.0 COVER SHEET PROPERTY & TOPOGRAPHIC SURVEY C1.1 DEMOLITION PLAN C1.2 SITE PLAN C1.3 GRADING AND ERISION PREVENTION PLAN CIA UTILITY PLAN LL I LANDSCAPE PLAN C5.0 DETAIL SHEET AL I FLOOR PLAN A1.2 REFLECTED CEILING PLAN A1.3 ROOF PLAN A2.1 ELEVATIONS A3.1 WALL SECTIONS A3.2 WALL SECTIONS A3.3 WALL SECTIONS PRECAST CONCRETE LINTELS A3.4 MISCELLANEOUS DETAILS A4.1 ENLARGED PLANS A4.2 INTERIOR ELEVATIONS MISC. DETAILS A4.3 DOOR AND WINDOW DETAILS A6.1 MILLWORK SECTIONS Si -0 GENERAL NOTES S2.0 FOUNDATION PLAN S2-1 FOUNDATION DETAILS S2.2 FOUNDATION DETAILS S2.3 FOUNDATION DETAILS S3-0 ROOF FRAMING PLAN S3.1 ROOF FRAMING DETAILS S3.2 ROOF FRAMING DETAILS S3.3 ROOF FRAMING DETAILS S3.4 ROOF TRUSS DIAGRAMS UL I UTILITY SITE PLAN P1.1 PLUMBING DRAIN PLAN P2.1 PLUMBING SUPPLY PLAN \I NO. No. 1 FAYETTEVILLE FIRE STATION No. 5 FAYETTEVILLE, ARKANSAS WDD JOB # 06-007 "ATTACHMENT B" Page 2 of 2 P3.1 PLUMBING ISOMETRIC AND DETAIL P3.2 PLUMBING SCHEDULES M1.1 MECHANICAL FLOOR PLAN AND SECTION M2.1 MECHANICAL DETAILS M2.2 MECHANICAL SCHEDULES, DETAILS & CONTROLS ELI ELECTRICAL AND MECHANICAL POWER PLAN E2.1 ELECTRICAL LIGHTING PLAN E3.1 ELECTRICAL DETAILS AND NOTES E3.2 ELECTRICAL DETAILS E3.3 ELECTRICAL SCHEDULES E3.4 ELECTRICAL LIGHT FIXTURE SCHEDULE AND DETAILS ADDENDA DATE PAGES 6/16/06 4 with attachments C0.0, CLIC1.21 C1.3, C1.4, L1.17 C5.0, ADD1.01, ADD 1.02 and Document 16720 City of Fayetteville Staff Review Form July 6,2006 City Council Meeting Date i ►. �t �' ''' d Coy Hurd Building Services Operations Submitted By Division Department Action Required: The required action is for the City Council to accept Bossier Contracting, Inc.'s bid of $1,466,000 for the construction of Fire Station Five, and authorize a project contingency fund of $117,260 (total of $1,583,280). $1,583,280 Cost of this request 4470-9470-5804-00 Account Number 05007.1 Project Number $ 11850,000.00 Category / Project Budget $ 73,283.00 Funds Used to Date $ 1,776,717.00 Remaining Balance Budgeted Item r 777 Budget Adjustment Attached Fire Station Five Program Category / Project Name Fire Improvements Program / Project Category Name Sales Tax Improvement Fund Fund Name Previous Ordinance or Resolution # Department Director Date Original Contract Date: Original Contract Number. 26 06 FAYETTEVILLE THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDEN lui�l•[�J7:�►1�1�1�1 TO: Mayor Dan Coody and the Fayetteville City Council THROUGH: Gary Dumas, Operations Director FROM: Coy Hurd, Project Manager DATE: June 26, 2006 SUBJECT: Construction Contract, Fire Station Five Recommendation: Staff recommends the consideration, approval, and signing of the attached contract for the construction of Fire Station Five in the amount of $1,466,000, and the authorization of an eight percent project contingency fund of $117,280 (total: $1,583,280). Background: On June 20c' a competitive bid was held for the construction of Fire Station Five to be located at Old Wire and Crossover in Fayetteville. Three valid bids were received and opened on that date. The apparent low bidder was Bossler Contracting, Inc. of Siloam Springs. The low bid for the 5,500 square feet project was $1,466,000. Discussion: This project was within the budgeted funds. Staff recommends that the City sign the contract and issue a Notice to Proceed to Bossler Contracting. RESOLUTION NO, A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH BOSSLER CONTRACTING, INC. IN THE AMOUNT OF $1,466,000.00 FOR CONSTRUCTION OF FIRE STATION #5; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $117,280.00. 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 approves a contract with Bossler Contracting, Inc. in the amount of $1,466,000.00 for construction of Fire Station #5. 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, project contingency in the amount of $117,280.00. , PASSED and APPROVED this 6t' day of July, 2 ORDINANCE N0.4880 SALE OF NOT TO AN ORDINANCE AUTHORIZING THE ISSUANCE AND EXCEED $4,000,000 OF THE CITY'S GENERAL OBLIGATION BONDS, SERIES 2006A, FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COST OF FIRE STATION FACILITY RaROVEMENTS' AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE PURSUANT TO WHICH THE BONDS WILL BE ISSUED AND SECURED; AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT PURSUANT TO WHICH THE BONDS WILL BE OFFERED; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; AND PRESCRIBING OTHER MATTERS RELATING THERETO. WHEREAS, the City Council of the City of Fayetteville, Arkansas (the "City") has determined that there is a great need for a source of funds to finance the, costs of acquisition, construction and equipping of additional fire station facilities (i) at Routh Park (near the former intersection of Crossover and Old Wire o Roads) Roads) (collectively, the "ProjectC); an (near the intersection of Huntsville and Happy WHEREAS, the City is authorized and empowered under Amendmentr78 t the Constitution and laws of the State of Arof the kansas, including particularly Sections "Amendment 78") dified as Arkansas and the Local Government Short- enn Constitution of the State of Arkansas ( Financing Obligations Act of 2001, cothe `Acte , to issue and sell psell its short-term 14-78-101 et seq. (as from time to time amended and financing obligations (as defined tangible pes onalAct) p property an expected useful life ce the costs of acquiring9 of more than installing real property or one year, which short-term financing obligations shall be secured by and payable from the general revenues of the City; and WHEREAS, as authorized under the provisions of Amendment 78 and the Act, the City has now determined to issue and sell its General Obligation Bonds, Series in or2006A� in the provide aggregate principal amount of not to exceed $4,000,000 (the "Bonds"), funding for the Project; and WHEREAS, the City has made arrangements for the sale of the Bonds to Crews & Associates, Inc., Little Rock, Arkansas (the "Underwriter'), pursuant to the terms of a Bond. Purchase Agreement between the City and the Underwriter (the "Bond Purchase Agreement") in substantially the form presented to and before this meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. Under the authority of the Constitution and laws of the State of Arkansas, including particularly Amendment 78 to the Constitution of the State of Arkansas and the Act, there is hereby authorized the issuance of bonds of the City to be designated as "General Obligation Bonds, Series 2006A" (the `Bonds"). The Bonds shall be issued in the original aggregate principal amount of not to exceed Four Million Dollars ($4,000,000), shall mature on July 1 in the years 2007 through 2011, inclusive, and shall bear interest at rates as shall be specified in the Bond Purchase Agreement. The true interest cost of the Bonds to the City, including the interest rates borne by the Bonds and the costs of issuance funded with proceeds of the Bonds, will not exceed 4.75% per annum, and no Bond will bear a coupon interest rate in excess of 4.50% per annum. The proceeds of the Bonds will be utilized (i) to finance all or a portion of the costs of the acquisition, construction and equipping of the Project, and (ii) to pay printing, underwriting, legal and other expenses incidental to the issuance of the Bonds. The Bonds shall be issued in the forms and denominations, shall be dated, shall be numbered, shall mature, shall be subject to redemption prior to maturity, and shall contain such other terms, covenants and conditions, all as set forth in that certain Trust Indenture dated as of July 15, 2006 (the "Indenture"), by and between the City and a bank or other financial institution to be named and having corporate trust powers (the "Trustee"), to be entered into by the City and the Trustee in substantially the form submitted to this meeting. The Mayor is hereby authorized and directed to execute and deliver the Bonds in substantially the form thereof contained in the Indenture submitted to this meeting, and the City Clerk is hereby authorized and directed to execute and deliver the Bonds and to aux the seal of the City thereto, and the Mayor and City Clerk are hereby authorized and directed to cause the Bonds to be accepted and authenticated by the Trustee. The Mayor is hereby authorized to confer with the Trustee, the Underwriter and Kutak Rock LLP, Little Rock,, Arkansas ("Bond Counsel"), in order to complete the Bonds in substantially the form thereof contained in the Indenture submitted to this meeting, with such changes as shall be approved by such persons executing the Bonds, their execution to constitute conclusive evidence of such approval. Section 2. It is affirmed that, pursuant to Amendment 78 and the Act, the debt service obligations of the City with respect to the Bonds shall constitute general obligations of the City, and the total annual payments owed by the City pursuant to the Bonds in each of the City's fiscal years shall be charged against and paid from the general revenues of the City for such fiscal years. As required by Amendment 78 and the Act, the City hereby finds and determines that: (a) Each of the Project components to be financed with proceeds of the Bonds has an average useful life in excess of one year; and (b) The aggregate nominal principal amount of all obligations of the City under Amendment 78 and the Act, including the Bonds, will at no time exceed five percent (5%) of the assessed value of the taxable real and personal property located within the City, as determined by the last tax assessment completed prior to the date hereof. Section 3. To prescribe the terms and conditions upon which the Bonds are to be executed, authenticated, issued, accepted, held and secured, the Mayor is hereby authorized and directed to execute and acknowledge the Indenture, and the City Clerk is hereby authorized and directed to execute and acknowledge the Indenture and to affix the seal of the City thereto, and the Mayor and the City Clerk are hereby authorized and directed to cause the Indenture to be accepted, executed and acknowledged by the Trustee. The Indenture is hereby approved in substantially the form submitted to this meeting, including, without limitation, the provisions thereof pertaining to the terms of the Bonds. The Mayor is hereby authorized to confer with the Trustee, the Underwriter and Bond Counsel in order to complete the Indenture in substantially the form submitted to this meeting, with such changes as shall be approved by such persons executing the Indenture, their execution to constitute conclusive evidence of such approval. (Advice is given that a copy of the Indenture in substantially the form authorized to be executed is on file with the City Clerk and is available for inspection by any interested person.) Section 4. There is hereby authorized and approved a Preliminary Official Statement of the City, including the cover page and appendices attached thereto, relating to the Bonds. The Preliminary Official Statement is hereby "deemed final" by the City within the fneaning of U.S. Securities and Exchange Commission Rule 15c2-12. The distribution of the Preliminary Official Statement is hereby approved. The Preliminary Official Statement, as amended to conform to the terms of the Bond Purchase Agreement, including Exhibit A thereto, and with such other changes and amendments as are mutually agreed to by the City and the Underwriter, is herein referred to as the "Official Statement," and the Mayor is hereby authorized to execute the Official Statement for and on behalf of the City. The Official Statement is hereby approved in substantially the form of the Preliminary Official Statement submitted to this meeting, and the Mayor is hereby authorized to confer with the Trustee, the Underwriter and Bond Counsel in order to complete the Official Statement in substantially the form of the Preliminary Official Statement submitted to this meeting, with such changes as shall be approved by such persons, the Mayor's execution to constitute conclusive evidence of such approval. (Advice is given that a copy of the Preliminary Official Statement is on file with the City Clerk and is available for inspection by any interested person.) Section 5. In order to prescribe the terms and conditions upon which the Bonds are to be sold to the Underwriter, the Mayor is hereby authorized and directed to execute a Bond Purchase Agreement on behalf of the City, to be dated as of the date of its execution (the "Bond Purchase Agreement), by and between the City and the Underwriter, and the Bond Purchase Agreement is hereby approved in substantially the form submitted to this meeting, and the Mayor is hereby authorized to confer with the Underwriter and Bond Counsel in order to complete the Bond Purchase Agreement in substantially the form submitted to this meeting, with such changes as shall be approved by such persons executing the Bond Purchase Agreement, their execution to constitute conclusive evidence of such approval. (Advice is given that a copy of the Bond Purchase Agreement in substantially the form authorized to be executed is on file with the City Clerk and is available for inspection by any interested person.) Section 6. In order to provide for continuing disclosure of certain financial and operating information with respect to the City in compliance with the provisions of Rule 15c2-12 of the U. S. Securities and Exchange Commission, the Mayor is hereby authorized and directed to execute a Continuing Disclosure Agreement to be dated as of the date of its execution (the "Continuing Disclosure Agreement"), by and between the City and the Trustee, and the Mayor is hereby authorized and directed to cause the Continuing Disclosure Agreement to be executed by the Trustee. The Continuing Disclosure Agreement is hereby approved in substantially the form submitted to this meeting, and the Mayor is hereby authorized to confer with the Trustee, the Underwriter and Bond Counsel in order to complete the Continuing Disclosure Agreement in substantially the form submitted to this meeting, with such changes as shall be approved by such persons executing the Continuing Disclosure Agreement, their execution to constitute conclusive evidence of such approval. (Advice is given that a copy of the Continuing Disclosure Agreement in substantially the form authorized to be executed is on file with the City Clerk and is available for inspection by any interested person.) Section 7. The Mayor and City Clerk, for and on behalf of the City, are hereby authorized and directed to do any and all things necessary to effect the issuance, sale, execution and delivery of the Bonds and to effect the execution and delivery of the Indenture, the Bond Purchase Agreement, the Official Statement, the Continuing Disclosure Agreement and a Tax Regulatory Agreement relating to the tax exemption of interest on the Bonds, and to perform all of the obligations of the City under and pursuant thereto. The Mayor and the City Clerk are further authorized and directed, for and on behalf of the City, to execute all papers, documents, certificates and other instruments that may be required for the carrying out of such authority or to evidence the exercise thereof. Section 8. Kutak Rock LLP, Little Rock, Arkansas, is hereby appointed to act as Bond Counsel on behalf of the City in connection with the issuance and sale of the Bonds. Section 9. The provisions of this Ordinance are hereby declared to be severable, and if any section, phrase or provision shall for any reason be declared to be illegal or invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions of this Ordinance. i Page 5 Ord. No. 4880 PASSED and APPROVED this 6'h day of June, 2006. ��: G�jy oF'.;PF APPROVED: ATTEST: ;FAYETTEVIILE; 0.9,�KANSP TOIA By: LZOL d By: DAN COODY, Mayor SONDRA SMITH, Ci erk l r �h l I'. Clarice Dearman - Res. 121-06 Page 1 From: Clarice Pearman To: Hurd, Coy Date: 7.12.06 9:29AM Subject: Res. 121-06 Coy, , Attached is a copy of the above resolution passed by City Council, July 6, 2006. 1 am forwarding to you via interoffice mail two of three original agreements with Bossier Contracting Inc. If anything else is needed please let me know. Thanks. Clarice CC: Audit Bond No. ABDO021253 THE AMERICAN INSTITUTE OF ARCHITECTS Premium Amount Based on Final Contract Amount AIA Document A312 Performance Bond My NNOWMmme bo Xw. Sully, OWW a 011. Fwy owl 6e wmlE wFaeal www awq w CONTRACTOR (Name and Address): SURETY (Name and Principle Place of Business): BOSSLER CONTRACTING, INC. MID-CONTINENT CASUALTY COMPANY P.O. BOX 1008 P.O. BOX 1409 SILOAM SPRINGS, AR 72761 TULSA, OK 74101 OWNER (Name and Address): CITY OF FAYETTEVILLE 113 WEST MOUNTAIN, ROOM 372 FAYETTEVILLE, AR 72701 CONSTRUCTION CONTRACT Date: Amount: $ 1,4669000.00 Description (Name and Location): NEW FIRE STATION p5, FAYETTEVILLE, AR BOND Date (Not earlier than Construction Contract Date): Amount: $ 1,466,000.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL COMPANY: (Corporate Sea]) BOSSLER CONTRAC' ING, INC. Signature: t -- Name and Title: ///9 f. y (Any additional signatures appear on page 3) June 22nd, 2006 (XI None Lj See Page 3 SURETY COMPANY: (Corporate Seal) MID-CONTINENT CASUALTY COMPANY Signature: 1 Name and TTIe7 le : Miki J. Rogers , Attorney -in -Fact FOR INFORMATION ONLY -Name, Address and Telephone OWNER'S REPRESENTATIVE (Architect, AGENT OR BROKER: or Engineer or other party): Babb Bonding, Inc Wittenberg, Delorry 6 Davidson, Inc. P.O. Box 6256 400 West Capitol, Suite 1800 Sherwood, AR 72124 Little Rock, AR 72201, 7?, T9 AIA DOCUMENT A912 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1994 ED., ALA THE AMERICAN INSTITUTE OF ARCHITECTS, 1176 NEW YORK AVE., N.W., WASHINGTON D.C. 20006 THIRD PRINTINO • MARCH 1907 A 312.1984 IIIIIW IIIIIIIIIIIIII WIIIII �III�IIIIuIl UIIIII� IllllllullllllO Doc ID: 010121600007 TVDa: LIE Recorded: 06/30/2006 at 09:34:68 AN Fee Amt: $8.00 Pace 1 of 7 Vashinoton Countv. AR Bette 6tamos Circuit Clerk FSleB027-00000899 1. The Contractor and the Surely, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con. struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected With the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner, 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surely elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion orrectlion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surely under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- 4.4 Waive its rights to perform and complete, arrange curs first. If the provisions of this Paragraph are void or for completion, or obtain a new contractor and with prohibited by law, the minimum period of limitation avail- AIAOOCUMENTA312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER1984E0.,AlAo A312.1984 2 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE, N.W. WASHINGTON D.C. 20008 THIRD PRINTING - MARCH 1987 aole to sureties as a aerense In me lunsalctlon or the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted therefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor oT any amounts recelvea or tone received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract, 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terns thereof. (Space is provided below for additional signatures of added parties, other then those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: I I (Corporate Seal) BOSSLER CONTRACTING, INC. MID-CONTINENT CASUALTY COMPANY Signature: Address: SURETY Company: (Corporate Seal) Signature: Mil i J. Rodors At ney- -Fact Address: AIADOCUMENTA312 PERFORMANE BOND AN PAYMENT BOND DECEMBER 190430„AIAO THE AMERICAN INSTITUTE OF ARCHITECTS, 1736 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 087 Name and Title: