HomeMy WebLinkAbout192-07 RESOLUTIONRESOLUTION NO. 192-07
A RESOLUTION AWARDING BID #07-75 AND APPROVING A
CONTRACT WITH TOMLINSON ASPHALT COMPANY, INC IN
THE AMOUNT OF $594,390.00 FOR CONSTRUCTION OF
IMPROVEMENTS TO GREGG AVENUE; AND APPROVING A
10% PROJECT CONTINGENCY.
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 Bid #07-75 and approves a contract with Tomlinson Asphalt
Company, Inc. in the amount of $594,390.00 for construction of improvements to
Gregg Avenue. 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,
hereby approves a 10% Project Contingency.
PASSED and APPROVED this 20th day of November, 2007.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
Arkansas,
t. •
:PAYETTF.V!LLE:
�t.
:9ks,
•
DOCUMENT 00500 — AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Contract Name/Title: Gregg Avenue Improvements
Contract No.: 07-75
THIS AGREEMENT is dated as of the ovit day of /VQl/j {yl ber in the year 201by and
between The City of Fayetteville, Arkansas and _Tomlinson Asphalt Co, Inc .(hereinafter called
Contractor).
ARTICLE 1 - WORK
1.01 Contractor shall compete all Work as specified or indicated in the Contract
Documents. The work under this Contract includes, but is not limited to: 4,121 sy
of asphalt cold milling, 556 tons of asphalt surface, minor pavement repair
and overlay with construction of 309 sy of traffic calming medians and 8
speed tables, approximately 300 if of cast in place retaining wall ranging in
height from 3' to 6'. Additionally there will be construction of approximately
339 sy concrete right turn lane with traffic signal modifications and all other
related items.
ARTICLE 2 - ENGINEER
2.01 The Project has been designed by CEI, who is hereinafter called Engineer. The
Engineer assumes all duties and responsibilities, and has the rights and authority
assigned to Engineer in the Contract Documents in connection with completion of the
Work in accordance with the Contract Documents.
ARTICLE 3 - CONTRACT TIME
3.01 TIME OF THE ESSENCE:
A. All time limits for milestones, if any, Substantial Completion, and
completion and readiness for final payment as stated in the Contract
Documents are of the essence of the Contract.
Gregg Avenue Improvements
00500 — 1 06035.1120
DOCUMENT 00500 — AGREEMENT (continued)
3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT:
A. The Work will be Substantially Completed within 200 calendar days after the
date when the Contract Times commence to run as provided in the
GENERAL CONDITIONS, and completed and ready for final payment in
accordance with the GENERAL CONDITIONS within 225 calendar days
after the date when the Contract Times commence to run.
3.03 LIQUIDATED DAMAGES:
A. Owner and Contractor recognize that time is of the essence of this
Agreement and that The City of Fayetteville will suffer financial loss if the
Work is not completed within the time specified above, plus any extensions
thereof allowed in accordance with the GENERAL CONDITIONS. The
parties also recognize the delays, expense, and difficulties involved in
proving the actual loss suffered by The City of Fayetteville if the Work is not
Substantially Completed on time. Accordingly, instead of requiring any such
proof, The City of Fayetteville and Contractor agree that as liquidated
damages for delay (but not as a penalty) Contractor shall pay The City of
Fayetteville One Thousand Dollars ($1,000.00) for each calendar day that
expires after the time specified above in Paragraph 3.02 for Substantial
Completion until the Work is Substantially Complete. After Substantial
Completion, if Contractor shall neglect, refuse, or fail to complete the
remaining Work within the time specified in Paragraph 3.02 for completion
and readiness for final payment or any proper extension thereof granted by
The City of Fayetteville, Contractor shall pay The City of Fayetteville Five
Hundred Dollars ($500.00) for each calendar day that expires after the time
specified for completion and readiness for final payment.
ARTICLE 4 - CONTRACT PRICE
4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to
accept, as full and final compensation for all work done under this agreement, the
amount based on the prices bid in the Proposal (BID FORM) which is hereto
Gregg Avenue Improvements
00500 — 2 06035.1120
DOCUMENT 00500 — AGREEMENT (continued)
attached, for the actual amount accomplished under each pay item, said payments to
be made in lawful money of the United States at the time and in the manner set forth
in the Specifications.
4.02 As provided in the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER
as provided in the General Conditions. Unit prices have been computed as provided
in the General Conditions.
ARTICLE 5 - PAYMENT PROCEDURES
5.01 SUBMITTAL AND PROCESSING OF PAYMENTS:
A. Contractor shall submit Applications for Payment in accordance with the
GENERAL CONDITIONS. Applications for Payment will be processed by
Engineer as provided in the GENERAL CONDITIONS.
5.02 PROGRESS PAYMENTS RETAINAGE:
A. The City of Fayetteville shall make progress payments on account of the
Contract Price on the basis of Contractor's Applications for Payment as
recommended by Engineer, on or about the 15th day of each month during
construction. All such payments will be measured by the schedule of values
established in the GENERAL CONDITIONS (and in the case of Unit Price
Work based on the number of units completed) or, in the event there is no
schedule of values, as provided in the General Requirements.
Gregg Avenue Improvements
Prior to Substantial Completion, progress payments will be made in
an amount equal to the percentage indicated below, but, in each case,
less the aggregate of payments previously made and less such
amounts as Engineer shall determine, or The City of Fayetteville
may withhold, in accordance with the GENERAL CONDITIONS.
00500 — 3 06035.1120
DOCUMENT 00500 — AGREEMENT (continued)
a. 90% of Work Completed (with the balance being retainage). If
Work has been 50% completed as determined by Engineer, and
if the character and progress of the Work have been satisfactory
to The City of Fayetteville and Engineer, The City of
Fayetteville on recommendation of Engineer, may determine that
as long as the character and progress of the Work subsequently
remain satisfactory to them, there will be no additional retainage
on account of Work subsequently completed, in which case the
remaining progress payments prior to Substantial Completion
will be an amount equal to 100% of the Work Completed less the
aggregate of payments previously made; and
b. 100% of Equipment and Materials not incorporated in the Work
but delivered, suitably stored, and accompanied by
documentation satisfactory to The City of Fayetteville as
provided in the GENERAL CONDITIONS.
2. Upon Substantial Completion, The City of Fayetteville shall pay an
amount sufficient to increase total payments to Contractor to 95% of
the Contract Price (with the balance being retainage), less such
amounts as Engineer shall determine, or The City of Fayetteville
may withhold, in accordance with the GENERAL CONDITIONS.
5.03 FINAL PAYMENT:
A. Upon final completion and acceptance of the Work in accordance with the
GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder
of the Contract Price as recommended by Engineer and as provided in the
GENERAL CONDITIONS.
Gregg Avenue Improvements
00500 — 4 06035.1120
DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS
6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor
makes the following representations:
A. Contractor has examined and carefully studied the Contract Documents
including the Addenda and other related data identified in the Bid
Documents.
B. Contractor 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, and furnishing of the Work.
C. Contractor 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.
D. Contractor has carefully studied all:
(1) 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; and
(2) reports and drawings of a Hazardous Environmental Condition, if
any, at the Site. Contractor acknowledges that The 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.
E. Contractor has obtained and carefully studied (or assumes responsibility of
having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at or contiguous to the Site
or otherwise which may affect cost, progress, performance, and furnishing of
Gregg Avenue Improvements
00500 — 5 06035.1120
DOCUMENT 00500 — AGREEMENT (continued)
the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Contractor and
safety precautions and programs incident thereto.
F. Contractor does not consider that any additional examinations,
investigations, explorations, tests, studies, or data are necessary for the
performing and furnishing of the Work at the Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the
Contract Documents.
G. Contractor is aware of the general nature of work to be performed by The
City of Fayetteville and others at the Site that relates to the Work as indicated
in the Contract Documents.
H. Contractor has correlated the information known to Contractor, information
and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract
Documents.
Contractor has given Engineer written notice of all conflicts, errors,
ambiguities, or discrepancies that Contractor has discovered in the Contract
Documents and the written resolution thereof by Engineer is acceptable to
Contractor.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of
the Work.
ARTICLE 7 - CONTRACT DOCUMENTS
7.01 CONTENTS:
A. The Contract Documents which comprise the entire Agreement between The
City of Fayetteville and Contractor concerning the Work consist of the
Gregg Avenue Improvements
00500 — 6 06035.1120
DOCUMENT 00500 — AGREEMENT (continued)
following and may only be amended, modified, or supplemented as provided
in the GENERAL CONDITIONS:
1. This Agreement.
2. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed.
b. Contractor's Bid.
c. Documentation submitted by Contractor prior to Notice of
Award.
3. Performance, Payment, and other Bonds.
4. General Conditions.
5. Supplementary Conditions.
6. Specifications consisting of divisions and sections as listed in table
of contents of Project Manual.
7. Drawings consisting of a cover sheet and sheets as listed in the table
of contents thereof, with each sheet bearing the following general
title:
Gregg Avenue Improvements
8. Addenda numbers one (1), inclusive.
9. The following which may be delivered or issued after the Effective
Date of the Agreement and are not attached hereto: All Written
Amendments and other documents amending, modifying, or
supplementing the Contract Documents pursuant to the GENERAL
CONDITIONS.
Gregg Avenue Improvements
00500 — 7 06035.1120
DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE 8 - MISCELLANEOUS
8.01 TERMS:
A. Terms used in this Agreement which are defined in the GENERAL
CONDITIONS shall have the meanings stated in the GENERAL
CONDITIONS.
8.02 ASSIGNMENT OF CONTRACT:
A. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but without
limitation, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this
restriction may be limited by Law), and unless specifically stated to the
contrary in any written consent to an assignment, no assignment will release
or discharge the assignor from any duty or responsibility under the Contract
Documents.
8.03 SUCCESSORS AND ASSIGNS:
A. The City of Fayetteville and Contractor each binds himself, his 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.
8.04 SEVERABILITY:
A. 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 The City of
Fayetteville and Contractor, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
Gregg Avenue Improvements
00500 — 8 06035.1120
DOCUMENT 00500 — AGREEMENT (continued)
OTHER PROVISIONS: Not Applicable.
IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement
in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two
counterparts each has been delivered to The City of Fayetteville. All portions of the Contract
Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or
identified by Engineer on their behalf.
This Agreement will be effective on Ndillmbe 2007 which is the
Effective Date of the Agreement. //
CONTRACTOR—Tic/ / hA
.9ofy J�tit CITY OF FAYETTEVILLE
By:%n"U(iJ/ By:
Title: CrCi1. /t_i,l.�+ '�� Title:
Attest
(SEAL)
Address for giving notices
W . 14,/
/. 4-r. 17:7aY
Gregg Avenue Improvements
kead-(.46?1,--
Mayes
(SEAL)
Address for giving notices
00500 — 9 06035.1120
DOCUMENT 00500 — AGREEMENT (continued)
License No. CV tiO 9 V(O t0
Agent for Service of process
(If Contractor is a corporation,
attach evidence of authority to
sign.)
END OF DOCUMENT 00500
Gregg Avenue Improvements
(attach evidence of authority to
sign and resolution or other documents
authorizing execution of Agreement)
Approved As to Form:
By:
Attorney For:
00500 — 10 06035.1120
Ron Petrie
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
11/20/2007
City Council Meeting Date
Engineering
Division
Action Required:
//a%7
/2.
773, /'//7 c5,71
114-5P4 halt
Inc,
Operations
Department
A resolution to award a contract to Tomlinson Asphalt Company, Inc., in the amount of $540,353.54 for construction
of improvements to Gregg Avenue and approve a project contingency of 10% of the Construction bid.
594,390 00
Cost of this request
4520.9520.5809.00
Account Number
06035.1120
Project Number
Budgeted Item
X
$
24,496,473.00
Category / Project Budget
2,082,457.43
Funds Used to Date
22,414,015.57
Remaining Balance
Budget Adjustment Attached
Wilson ParklWashington Willow Area Trans.
(mots,
Program Category / Project Name
Street Improvements
Program / Project Category Name
2006A Sales Tax Construction
Fund Name
Finance and Internal Service Director
Mayor
Comments-
It -62.. 61
Date
//
Date
11 -Ob -off
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number
City Council Meeting of November 20, 2007
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer
Date: November 2, 2007
Subject: A resolution to award a contract to Tomlinson Asphalt Company, Inc., in
the amount of $540,35354 for construction of improvements to Gregg
Avenue and approve a project contingency of 10% of the Construction bid.
RECOMMENDATION
Staff recommends award of a construction contract in the amount of $540,353.54 to
Tomlinson Asphalt Company of Fayetteville, and approval of a project contingency of
$54,036.46 (10% of construction bid) for construction of improvements to Gregg Avenue
as part of the Wilson Park and Washington Willow Area Transportation Improvement
Project.
BACKGROUND
This project includes installation of a median and three speed tables along Gregg Avenue
from North Street to Prospect, and installation of a right tum lane on Gregg Avenue for
southbound traffic approaching North Street.
This work is part of a larger project entitled Wilson Park Area/Washington-Willow Area
Transportation Improvements, which is included in the Transportation Bond Program.
DISCUSSION
Eight contractors submitted bids on the project. Bids ranged from a high of $882,470 to
the low bid by Tomlinson Asphalt Company of $540,353.54. The summary bid
tabulation listing all of the bid results is attached.
The low bid is approximately 30% below the Engineer's Estimate for the project.
BUDGET IMPACT
The Wilson Park/Washington Willow Transportation Improvements Project is a
subproject of the Transportation Bond Project. The total budget for this subproject is
$4,277 000. The cost of the improvements to Gregg Avenue will be paid for from these
funds.
1
RESOLUTION NO.
A RESOLUTION AWARDING BID #07-75 AND APPROVING A
CONTRACT WITH TOMLINSON ASPHALT COMPANY, INC. IN
THE AMOUNT OF $594,390 00 FOR CONSTRUCTION OF
IMPROVEMENTS TO GREGG AVENUE; AND APPROVING A
10% PROJECT CONTINGENCY.
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 Bid #07-75 and approves a contract with Tomlinson Asphalt
Company, Inc. in the amount of $594,390.00 for construction of improvements to
Gregg Avenue. 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 10% Project Contingency.
PASSED and APPROVED this 20th day of November, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Bid 07-75, Gregg Avenue Improvements
1 Ames Construction Solutions, LLC
2 APAC-Arkansas, Inc.
3 Decco Contractors -Paving, Inc.
4 Mobley Contractors, Inc.
5 Sweetser Construction, Inc.
6 Tomlinson Asphalt Co., Inc.
7 Township Builders, Inc.
Wilson Brothers Construction Co.
CERTIFIED:
Engineering Associates, nc.
November 2. 2007
Chris Brown. P.E.
Project Manager
City of Fayetteville
125 W. Mountain Street
Fayetteville. AR 72704
ENGINEERS • SURVEYORS ■ PLANNERS
LANDSCAPE ARCHITECTS ■ ENVIRONMENTAL SCIENTISTS
3317 S.W.'1" Street
Bentonville, AR 72712
479 273 9472 Fax 479.273.0844
Re: Bid Award
Gregg Avenue Improvements
Bid Number 07-75
CEI Project No. 22999.0
Chris:
Based on the bid received at the bid opening, those bids were checked and verified. At this
time. ('El submits the apparent low bid from the contractor Tomlinson Asphalt Company,
Inc. for a construction amount of $540,35334 to the City of Fayetteville for award.
Respectfully submitted.
,9
Gt ory W. Pew, P.E.
Transportation Department Manager
DOCUMENT 00500 — AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Contract Name/Title: Gregg Avenue Improvements
Contract No.:
THIS AGREEMENT is dated as of the day of in the year 20_ by and
between The City of Fayetteville, Arkansas and Tomlinson Asphalt Company (hereinafter called
Contractor).
ARTICLE 1 - WORK
1.01 Contractor shall compete all Work as specified or indicated in the Contract
Documents. The work under this Contract includes, but is not limited to: 4,121 sy
of asphalt cold milling, 556 tons of asphalt surface, minor pavement repair
and overlay with construction of 309 sy of traffic calming medians and 8
speed tables, approximately 300 If of cast in place retaining wall ranging in
height from 3' to 6'. Additionally there will be construction of approximately
339 sy concrete right tum lane with traffic signal modifications and all other
related items.
ARTICLE 2 - ENGINEER
2.01 The Project has been designed by CEI, who is hereinafter called Engineer. The
Engineer assumes all duties and responsibilities, and has the rights and authority
assigned to Engineer in the Contract Documents in connection with completion of the
Work in accordance with the Contract Documents.
ARTICLE 3 - CONTRACT TIME
3.01 TIME OF THE ESSENCE:
A. All time limits for milestones, if any, Substantial Completion, and
completion and readiness for final payment as stated in the Contract
Documents are of the essence of the Contract.
Gregg Avenue Improvements
00500 — 1 06035.1120
DOCUMENT 00500 - AGREEMENT (continued)
3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT:
A. The Work will be Substantially Completed within 200 calendar days after the
date when the Contract Times commence to run as provided in the
GENERAL CONDITIONS, and completed and ready for final payment in
accordance with the GENERAL CONDITIONS within 225 calendar days
after the date when the Contract Times commence to run.
3.03 LIOUIDATED DAMAGES:
A. Owner and Contractor recognize that time is of the essence of this
Agreement and that The City of Fayetteville will suffer financial loss if the
Work is not completed within the time specified above, plus any extensions
thereof allowed in accordance with the GENERAL CONDITIONS. The
parties also recognize the delays, expense, and difficulties involved in
proving the actual loss suffered by The City of Fayetteville if the Work is not
Substantially Completed on time. Accordingly, instead of requiring any such
proof, The City of Fayetteville and Contractor agree that as liquidated
damages for delay (but not as a penalty) Contractor shall pay The City of
Fayetteville One Thousand Dollars (51,000.00) for each calendar day that
expires after the time specified above in Paragraph 3.02 for Substantial
Completion until the Work is Substantially Complete. After Substantial
Completion, if Contractor shall neglect, refuse, or fail to complete the
remaining Work within the time specified in Paragraph 3.02 for completion
and readiness for final payment or any proper extension thereof granted by
The City of Fayetteville, Contractor shall pay The City of Fayetteville Five
Hundred Dollars (5500.00) for each calendar day that expires after the time
specified for completion and readiness for final payment.
ARTICLE 4 - CONTRACT PRICE
4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to
accept, as full and final compensation for all work done under this agreement, the
amount based on the prices bid in the Proposal (BID FORM) which is hereto
Gregg Avenue Improvements
00500 — 2 06035.1120
DOCUMENT 00500 — AGREEMENT (continued)
attached, for the actual amount accomplished under each pay item, said payments to
be made in lawful money of the United States at the time and in the manner set forth
in the Specifications.
4.02 As provided in the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER
as provided in the General Conditions. Unit prices have been computed as provided
in the General Conditions.
ARTICLE 5 - PAYMENT PROCEDURES
5.01 SUBMITTAL AND PROCESSING OF PAYMENTS:
A. Contractor shall submit Applications for Payment in accordance with the
GENERAL CONDITIONS. Applications for Payment will be processed by
Engineer as provided in the GENERAL CONDITIONS.
5.02 PROGRESS PAYMENTS. RETAINAGE -
A. The City of Fayetteville shall make progress payments on account of the
Contract Price on the basis of Contractor's Applications for Payment as
recommended by Engineer, on or about the 15th day of each month during
construction. All such payments will be measured by the schedule of values
established in the GENERAL CONDITIONS (and in the case of Unit Price
Work based on the number of units completed) or, in the event there is no
schedule of values, as provided in the General Requirements.
1. Prior to Substantial Completion, progress payments will be made in
an amount equal to the percentage indicated below, but, in each case,
less the aggregate of payments previously made and less such
amounts as Engineer shall determine, or The City of Fayetteville
may withhold, in accordance with the GENERAL CONDITIONS.
Gregg Avenue Improvements
00500 — 3 06035.1120
DOCUMENT 00500 — AGREEMENT (continued)
a. 90% of Work Completed (with the balance being retainage). If
Work has been 50% completed as determined by Engineer, and
if the character and progress of the Work have been satisfactory
to The City of Fayetteville and Engineer, The City of
Fayetteville on recommendation of Engineer, may determine that
as long as the character and progress of the Work subsequently
remain satisfactory to them, there will be no additional retainage
on account of Work subsequently completed, in which case the
remaining progress payments prior to Substantial Completion
will be an amount equal to 100% of the Work Completed less the
aggregate of payments previously made; and
b. 100% of Equipment and Materials not incorporated in the Work
but delivered, suitably stored, and accompanied by
documentation satisfactory to The City of Fayetteville as
provided in the GENERAL CONDITIONS.
2. Upon Substantial Completion, The City of Fayetteville shall pay an
amount sufficient to increase total payments to Contractor to 95% of
the Contract Price (with the balance being retainage), less such
amounts as Engineer shall determine, or The City of Fayetteville
may withhold, in accordance with the GENERAL CONDITIONS.
5.03 FINAL PAYMENT:
A. Upon final completion and acceptance of the Work in accordance with the
GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder
of the Contract Price as recommended by Engineer and as provided in the
GENERAL CONDITIONS.
Gregg Avenue Improvements
00500 — 4 06035.1120
DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS
6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor
makes the following representations:
A. Contractor has examined and carefully studied the Contract Documents
including the Addenda and other related data identified in the Bid
Documents.
B. Contractor 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, and furnishing of the Work.
C. Contractor 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.
D. Contractor has carefully studied all:
(1)
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; and
(2) reports and drawings of a Hazardous Environmental Condition, if
any, at the Site. Contractor acknowledges that The 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.
E. Contractor has obtained and carefully studied (or assumes responsibility of
having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at or contiguous to the Site
or otherwise which may affect cost, progress, performance, and furnishing of
Gregg Avenue Improvements
00500 — 5 06035.1120
DOCUMENT 00500 — AGREEMENT (continued)
the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Contractor and
safety precautions and programs incident thereto.
F. Contractor does not consider that any additional examinations,
investigations, explorations, tests, studies, or data are necessary for the
performing and furnishing of the Work at the Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the
Contract Documents.
G. Contractor is aware of the general nature of work to be performed by The
City of Fayetteville and others at the Site that relates to the Work as indicated
in the Contract Documents.
Contractor has correlated the information known to Contractor, information
and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract
Documents.
Contractor has given Engineer written notice of all conflicts, errors,
ambiguities, or discrepancies that Contractor has discovered in the Contract
Documents and the written resolution thereof by Engineer is acceptable to
Contractor.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of
the Work.
ARTICLE 7 - CONTRACT DOCUMENTS
7.01 CONTENTS:
A. The Contract Documents which comprise the entire Agreement between The
City of Fayetteville and Contractor concerning the Work consist of the
Gregg Avenue Improvements
00500 — 6 06035.1120
DOCUMENT 00500 — AGREEMENT (continued)
following and may only be amended, modified, or supplemented as provided
in the GENERAL CONDITIONS:
1. This Agreement.
2. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed.
b. Contractor's Bid.
c. Documentation submitted by Contractor prior to Notice of
Award.
3. Performance, Payment, and other Bonds.
4. General Conditions.
5. Supplementary Conditions.
6. Specifications consisting of divisions and sections as listed in table
of contents of Project Manual.
Drawings consisting of a cover sheet and sheets as listed in the table
of contents thereof, with each sheet bearing the following general
title:
Gregg Avenue Improvements
8. Addendum number one (1).
9. The following which may be delivered or issued after the Effective
Date of the Agreement and are not attached hereto: All Written
Amendments and other documents amending, modifying, or
supplementing the Contract Documents pursuant to the GENERAL
CONDITIONS.
Gregg Avenue Improvements
00500 — 7 06035.1120
DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE 8- MISCELLANEOUS
8.01 TERMS:
A. Terms used in this Agreement which are defined in the GENERAL
CONDITIONS shall have the meanings stated in the GENERAL
CONDITIONS.
8.02 ASSIGNMENT OF CONTRACT:
A. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but without
limitation, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this
restriction may be limited by Law), and unless specifically stated to the
contrary in any written consent to an assignment, no assignment will release
or discharge the assignor from any duty or responsibility under the Contract
Documents.
8.03 SUCCESSORS AND ASSIGNS:
A. The City of Fayetteville and Contractor each binds himself, his 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.
8.04 SEVERABILITY:
A. 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 The City of
Fayetteville and Contractor, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
Gregg Avenue Improvements
00500 — 8 06035.1120
DOCUMENT 00500 — AGREEMENT (continued)
OTHER PROVISIONS: Not Applicable.
IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement
in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two
counterparts each has been delivered to The City of Fayetteville. All portions of the Contract
Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or
identified by Engineer on their behalf.
This Agreement will be effective on , 20 , which is the
Effective Date of the Agreement.
TOMLINSON ASPHALT COMPANY, INC. _ CITY OF FAYETTEVILLE
By: By:
Title: Title:
(SEAL) (SEAL)
Attest Attest
Gregg Avenue Improvements
00500 — 9 06035.1120
DOCUMENT 00500 — AGREEMENT (continued)
Address for giving notices Address for giving notices
License No.
Agent for Service of process
(If Contractor is a corporation,
attach evidence of authority to
sign.)
END OF DOCUMENT 00500
Gregg Avenue Improvements
(attach evidence of authority to
sign and resolution or other documents
authorizing execution of Agreement)
Approved As to Form:
By:
Attorney For:
00500 —10 06035.1120
x(11.21.07) Clarice Pearman - Tomlinson Asphalt Co Page 1 �
From: Clarice Pearman
To: Petrie, Ron
Date: 11.21.07 4:29 PM
Subject: Tomlinson Asphalt Co
Ron:
The City Council passed a resolution regarding an agreement with Tomlinson Asphalt Co., for Gregg Avenue improvements.
However I do not have Tomlin Asphalts signed agreement. Please let me know when I might expect to receive a signed
agreement. Have a good day.
Thanks.
Clarice
1 (12.11.07) Clarice Pearman - Res. 192-07 Page 1
From: Clarice Pearman
To: Petrie, Ron
Date: 12.11.07 3:14 PM
Subject: Res. 192-07
Attachments: 192-07 Tomlinson Asphalt Company Inc.pdf
CC: Audit
Ron:
Attached is a copy of the above resolution passed by qty Council, November 20, 2007. I am forwarding to you three of
four agreements via interoffice mall. Please let me know if there is anything else needed for this Item. Have a good day.
Thanks.
Clarke
Arkansas
Statutory
Performance
& Payment
Bond
Bond Number 5689195
Westfield Insurance Co.
Westfield Group sM
Westfield Center, OH 44251-5001
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
We Tomlinson Asphalt Company, Inc.
as Principal, hereinafter called Principal, and Westfield Insurance Company, a corporation organized and existing under the
laws of the State of Ohio and authorized to do business in the State of Arkansas, as Surety, arc held and firmly bound unto
City of Fayetteville, AR.
as Obligee, hereinafter called Owner, in the amount of Pive Hundred Forty Thousand Three Hundred Fitly Three and 541100
Dollars ($ 540,353.54 ) for the payment whereof Principal
and Surety bind themselves, their heirs, personal representatives, successors and assiens, jointly and severally, firmly by these
presents.
Principal has by written agreement dated Novel b<•r 20, 2007
Grog Avenue Improvements
entered into a contract with Owner for
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
THE CONDITION OF THIS OBLIGATION is such that if the Principal shall faithfully perform the Contract on his
purl and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure
so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any
such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or
performed under said Contract, failing which such persons shall have a direct right of action against the Principal and Surety,
jointly and severally, under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise
it shall remain in full force and effect.
No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or
proceeding shall be brought on this bond except by the Owner, unless it is brought in accordance with A.C.A. Section 22-9-403
(b) and A.C.A. Section 18-44-503 (b) (Supp. 1987) as amended. No suit, action or proceeding shall be brought by the Owner
alter two years from the dale on which final payment under the Contract falls due.
Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by
the Owner of nny extension of lime for the performance of the Contract, or any other forbearance on the part of either the
Owner or the Principal to the other shall not in any way release the Principal and Surety or Sureties, or either or any of them,
their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any
such alteration, extension or forbearance being hereby waived.
In no event shall the aggregate liability of the Surety exceed the sum set out herein.
Executed on this 12th
BD5467
day of December
2007
/
. Tomlgflon Asphalt Compa
A blot
rn4'L 4- P:
eld Ins ranc
r---- 0.7
ti
ompany
Smith
(Seal)
. Attnmey.in-Fact
s.. c
ti W
N.
•••••• Y
r: THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING
POWER # AND ISSUED PRIOR TO 11/26/07, FOR ANY PERSON OR PERSONS
General
Power
of Attorney
CERTIFIED COPY
THIS SAME
NAMED BELOW.
POWER NO. 0320202 02
Westfield Insurance Co.
Westfield National Insurance Co.
Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE
FARMERS INSURANCE COMPANY, corporations, hereinafter referred
organized and existing under the laws of the State of Ohio, and having
presents make, constitute and appoint
JOHN B. GERETY, WILLIAM W. BUSSEV, JR., BRENDA SMITH, CYNTHIA
OR SEVERALLY
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
to individually as a "Company" and collectively as "Companies," duly
its principal office in Westfield Center, Medina County, Ohio, do by these
W. THESSING, MARY KATHERINE SWAN, JOINTLY
of LITTLE ROCK and State of AR its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANT€E, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by Its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company sub ect to the following provisions:
The Attorney -in -Fact. may be g ven full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recogn zances, contracts agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -In -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary:
"Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be val'd and binding upon the Company with respect to any bond or undertaking to which it is attached" (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 26th day of
NOVEMBER A.D., 2007.
Corporate
SealsV01!4#
Affixed •470. a \0
SEtzik.;
telea.>
State of Ohio
County of Medina ss.:
\ flNA( �'
SEAL"m'
- na
- . ,.er,, 10%3
WESTFIELD INSURANCE COMPANY
WESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COMPANY
$:, 1848 , i`
S. 4.'4..•;
0
By:
Richard L. Kinnaird, Jr., Senior Executive
On this 26th day of NOVEMBER A.D., 2007 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly
sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD
NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above
Instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed
by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial
Seal
Affixed
State of Ohlo
County of Medina ss.:
f egacria.N.
...... .
2�f
J1• William J. Kahelin, A(*'6rney at Law, Notary Public
s N `til bio My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
• Te—F
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and 01-110 FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
In full force and effect. 1n1 -x1.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this jcL —day of
frcember A.D., aoo7•
;,
tlsuNi .Pio ,
'ti'•,, r' ..-..,.,..,.,
a'
[I%
o'er'•.all .
BPOAC2 (combined) (06.02)
SEAL Y /r 37c �cw_
: 1848 ; _-` FraankiA.: Carrino,
^_,.
e( -.,n
n..,.-:. trr.y
unn
k. • ....• ••f
ecret _
Secretary
•