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HomeMy WebLinkAbout80-07 RESOLUTIONRESOLUTION NO. 80-07 A RESOLUTION AWARDING A CONTRACT TO TOMLINSON ASPHALT COMPANY, INC. IN THE AMOUNT OF $187,760.00 FOR TRAFFIC CALMING CONSTRUCTION IN THE WILSON PARK AND WASHINGTON/WILLOW NEIGHBORHOODS AS PART OF THE TRANSPORTATION IMPROVEMENT BOND PROGRAM; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $18,776.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards a contract to Tomlinson Asphalt Company, Inc. in the amount of $187,760.00 for traffic calming construction in the Wilson Park and Washington/Willow Neighborhoods as part of the Transportation Improvement Bond Program. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a project contingency in the amount of $18,776.00. PASSED and APPROVED this 1st day of May, 2007. APPROVED: By ATTEST: DAN COODY, Mayor ....... `tt 11(7/4"4/1 z,G•cSY Oc •G p%.\FR • •E'S, V• •;U� E :FAYETTEVILLE; %fie By: 611tA1 r SONDRA E. SMITH, City Clerk/Treasurer WPkANS�'� ttttt t 11111 • Section 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the i Yt day of 71J - in the year 2007 by and and and the and between the City of Fayetteville, Arkansas and Tomlinson City of Fayetteville and Contractor, in consideration Article 1. WORK. Contractor shall complete all Work as specified or The work generally consists of construction of Traffic and Specifications. Construction items may include. other existing improvements, placement of concrete miscellaneous concrete items, pavement striping, Article 2. ENGINEER. The Project has been designed by City of Fayetteville Engineering Dept. 113 W. Mountain Fayetteville, Arkansas 72701 who is hereinafter called Engineer and who is to responsibilities, and have the rights and authority completion of the Work in accordance with the Contract Article 3. CONTRACT TIME. 3.1. The Work shall be substantially completed Contract Time commences to run as provided ready for final payment in accordance with consecutive calendar days after the date 3.2. Liquidated Damages. City of Fayetteville when will the Three of indicated Calming demolition signage, act as assigned in paragraphs the suffer extensions delays, is not agree Asphalt the mutual in the Devices for traffic and other City of to Engineer documents. within and 120 covenants Contract circles, Fayetteville's consecutive Company, Inc. (hereinafter called Contractor). hereinafter set forth, agree as follows: Documents. and appurtenances as indicated in the Drawings removal of concrete and/or asphalt pavement speed tables, curb and gutter, and other related items. representative, assume all duties in the Contract Documents in connection with calendar days after the date when of the General Conditions, and completed & C of the General Conditions within 150 paragraph 14.07.B Contract and Contractor financial thereof expense completed that as liquidated Hundred 2.03 Time Toss on Fifty commences to run. recognize that time is of the essence of if the Work is not completed within the times allowed in accordance with Article 12 of and difficulties involved in proving the actual loss time. Accordingly, instead of requiring any such damages for delay (but not as a penalty) dollars ($350.002 for each day that expires after the the the Agreement and that City of Fayetteville specified in paragraph 3.1 above, plus and General Conditions. They also recognize suffered by City of Fayetteville if the Work proof, City of Fayetteville and Contractor Contractor shall pay City of Fayetteville the time specified in paragraph 3.1 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 Wilson Park and Washington -Willow Area Traffic Calming March, 2007 Page 00500-1 City of Fayetteville Engineering Division time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by City of Fayetteville, Contractor shall pay City of Fayetteville Three Hundred Fifty dollars ($350.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment Article 4. CONTRACT PRICE. City of Fayetteville shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1. for all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. Item Estimated No. Item Description Unit Quantity Unit Price Total Price CT n A W N r Mobilization LS 1 $8,500.00 Speed Tables EA 22 _$8,500.00 $5,400.00 $118,800.00 Landscaped Islands EA 3 $8,500.00 $25,500.00 Curb and Gutter LF 500 $22.00 $11,000.00 Additional Speed Table Width LF 40 $200.00 $8,000.00 Concrete Pavement Removal and Repair SY 210 $76.00 $15,960.00 TOTAL BID $187,760.00 As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and de erminations of actual quantities and classifications are to be made by Engineer as provided in paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.0 of the General Conditions. Article 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.1. Progress Payments. City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02. All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or City of Fayetteville may withhold, in accordance with Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-2 paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 90 percent of Work completed (with the balance of 10 percent being retainage), If Work has been 50 percent completed as determined by the Engineer, and if the character and progress of the Work have been satisfactory to City of Fayetteville and Engineer, City of Fayetteville, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to City of Fayetteville as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to Contractor to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as Engineer shall determine, or City of Fayetteville may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.B & C of the General Conditions, City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraphs 14.07.B & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce City of Fayetteville to enter into this Agreement Contractor makes the following representations: 6.1. Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. 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, or furnishing of the Work. 6.3. 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. 6.4. Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. Contractor accepts the determination set forth in paragraph SC - 4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely as provided in paragraph 4.02 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, • Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-3 • • investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. Contractor is aware of the general nature of work to be performed by City of Fayetteville and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. 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. 6.7. 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 and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between City of Fayetteville and Contractor concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 8, inclusive). 7.2. Performance and Payment Bonds (Exhibits A and B respectively). 7.3. Certificates of Insurance (Exhibit C). • 7.4. Documentation submitted by Contractor prior to Notice of Selection. 7.5. General Conditions (pages 1 to 41, inclusive). 7.6. Supplementary Conditions (pages 1 to 10 inclusive). 7.9. Specifications consisting of Divisions 1 through 3 as listed in table of contents thereof. 7.10. Addenda number 7.11. Drawings (not attached hereto) consisting of cover sheets and additional sheets with each sheet bearing the following general titles: Wilson Park and Washington -Willow Area Traffic Calning (5 sheets total) 7.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-4 7.12.1. Notice to Proceed 7.12.2. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.1-7.12 et seq above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. City of Fayetteville and Contractor each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A C A §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA maybe assessed for this compliance. 8.7. This contract must be interpreted under Arkansas Law. Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-5 IN WITNESS quadruplicate. been delivered Fayetteville This Agreement OWNER. By: and to City WHEREOF, One Contractor. Contractor will of counterpart be effective Fayetteville All or identified CITY OF FAYETTEVILLE and each has been delivered to City of Fayetteville portions of the Contract Documents by Engineer on their behalf. on %%/Gy. fit , 2007 CONTRACTOR and Engineer, have been signed, (which is the Effective have initialed, Tomlinson signed this and two counterparts or identified Date of Asphalt the Agreement in have by City of Agreement). Company, '^ CON TRACTOR: 7 /_.i.1St<By:e:�/ Inc. /� Mayor [CORPORATE Dan Coody SEAL] 4 �e..czy/TR ''.,�� ` c\-. ,.• �' • ° S•<C'% E ••FAYETTEVILLE; j. :s.. :9sA/tkN*. %/Jim (;ji°ne,,,✓IaNRj'ee rye-' r.st, •7,,'.: `' N. " [CORPORATE 20J—i.e.,...) Title : -- " � ?• ' +tee .id .. SEAL], ..$.> A\ ,''.NG . ......TON .,,.� 644:11 a Attest �4 Attest Address for giving notices (If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) * If a Corporation, attest by the Secretary. Address for giving notices /`fil k! l/Av( 11-siAl Fay. 4r -72%0y License No. foot( OIL (0807 Agent for service of process: (If Contractor is a corporation, attach evidence of authority to sign) • Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-6 • Ron Petrie Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 5/1/2007 City Council Meeting Date Engineering • • Division Action Required: Operations Department A Resolution to award a contract to Tomlinson Asphalt Company, Inc. in the amount of $187,760.00 and to approve a project contingency of $18,776.00 for Traffic Calming Construction in Wilson Park and Washington/Willow Neighborhoods as Part of the Transportation Improvement Bond Program. 206,536.00 Cost of this request 4520.9520.5809.00 Account Number 06035.0601 Project Number Budgeted Item X $ 24,496,473.00 Category / Project Budget Wilson ParkANashington Willow Area Trans. Impts. Program Category / Project Name 632,968.00 Street Improvements Funds Used to Date 23, 863, 505.00 Remaining Balance Budget Adjustment Attached Program / Project Category Name 2006A Sales Tax Construction Fund Name Department 1 rec • C)9 p City Attorne "y ct Finance and Internal Service Director 4-0467 Date '7 (17/70 Date k -t7^2007 Date Mayor Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Mayor's Office Comments: • City Council Meeting of May 1, 2007 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Ron Petrie, City Engineer JR Date: April 13, 2007 Subject: A Resolution to award a contract to Tomlinson Asphalt Company, Inc. in the amount of $187,760.00 and to approve a project contingency of $18,776.00 for Traffic Calming Construction in Wilson Park and Washington/Willow Neighborhoods as Part of the Transportation Improvement Bond Program. RECOMMENDATION Staff recommends award of a construction contract in the amount of $187,760.00 to Tomlinson Asphalt Company of Fayetteville, and approval of a project contingency of $18,776.00 (10% of construction bid) on the Wilson Park and Washington Willow Areas Traffic Calming project. BACKGROUND This project includes installation of a total of 22 speed tables and 3 landscaped islands in the Wilson Park and Washington/Willow Neighborhoods. The work to be completed in each neighborhood has been reviewed by the respective Neighborhood Associations. 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 The following are the results of the bid opening for this project: Bidder Bid Amount Tomlinson Asphalt Company Midland Construction Sweetser Construction $ 187,760.00 (Low Bidder) $ 194,940.00 $ 196,600.00 The low bid is approximately 40% below the Engineer's Estimate for the project. 1 City Council Meeting of May 1, 2007 The total estimated project costs, including a project contingency of 10% of the Construction bid, are as follows: Contractor Bid $187,760.00 Construction Contingency $18,776.00 In House Construction Mgmt $20,000.00 Materials Testing $5,000.00 Total Estimated Project Cost $231,536.00 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 Traffic Calming construction will be paid for from these funds 2 • RESOLUTION NO. A RESOLUTION AWARDING A CONTRACT TO TOMLINSON ASPHALT COMPANY, INC IN THE AMOUNT OF $187,760.00 FOR. TRAFFIC CALMING CONSTRUCTION IN THE WILSON PARK AND WASHINGTON/WILLOW NEIGHBORHOODS AS PART OF THE TRANSPORTATION IMPROVEMENT BOND PROGRAM; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $18,776.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville,: Af ansas hereby awards a contract to Tomlinson Asphalt Company, Inc. , e a _ cunt of $187,760.00 for traffic calming construction i hefWil'soh I anc and Washington/Willow Neighborhoods as part of thePrins.ortation Imp o ement Bond Program. Section 2. That the City Council hereby approves a projec cf ontihgency ix A ' PRo D this 1s e City of(Fay eville, A Fkansas e amount o' .$8,776.00. ire P SED anday, 200710 APP By: DEAN COOT Y, Mayor SONDRA E. SMITH, City Clerk/Treasurer • C a Y 2a a 000000 000000 000000 O 0 ai1D w O e -w w 44-.40 a> O tri .4 O 0 GC w a o rw $196.600.00' • a ap 0 m II p CO w gyo8Q88888 8 8 R Midland Construction Bid Price $5,200.00 0 M r 0 N 0 Otos` Ls (00'008`8$ 0 0 0 vi h . $194,940.00 w o 8. gbh 8 8 8 8 88 a G V 2 a. c a _ E _8 a 1 O O a! O w w $118,800.001 O 0 OO 0 10000 2wwa O 0 0 O 0 OO 0 0 0 w $187.760.00 8 8$ 8 8 8 } w W A . 3.00 500.00 0 0 TOTAL BID AMOUNTI lz Z D w -I m W fi W LL ry co J Linear Ft Sq. Yds DESCRIPTION I Moblization (1) 'Standard Width Speed Tables v cN N Curb and Gutter Speed Table Width...- :•- a a cC 2 C co N 0 O E 0 tt E E 2 N> 8 QN ` J Additional 'Concrete iSk w' H -N M a 00 Section 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the day of in the year 2005 by and and and the and between the City of Fayetteville, Arkansas and Tomlinson City of Fayetteville and Contractor, in consideration Article 1. WORK Contractor shall complete all Work as specified or The work generally consists of construction of Traffic and Specifications. Construction items may include: other existing improvements, placement of concrete miscellaneous concrete items, pavement striping, Article 2. ENGINEER. The Project has been designed by City of Fayetteville Engineering Dept. 113.W. Mountain Fayetteville, Arkansas 72701 who is hereinafter called Engineer and who is to responsibilities, and have the rights and authority completion of the Work in accordance with the Contract Article 3. CONTRACT TIME. 3.1. The Work shall be substantially completed Contract Time commences to run as provided ready for final payment in accordance with consecutive calendar days after the date 3.2. Liquidated Damages. City of Fayetteville Agreement and that City of Fayetteville specified in paragraph 3.1 above, plus and General Conditions. They also recognize suffered by City of Fayetteville if the Work proof, City of Fayetteville and Contractor Contractor shall pay City of Fayetteville when will the Three of indicated Calming demolition signage, act assigned in paragraphs the suffer extensions delays, is not agree Asphalt the mutual in the Devices for traffic and other as City of to Engineer documents. within 120 and Fayetteville's covenants Contract circles, Company, Inc. (hereinafter called Contractor). hereinafter set forth, agree as follows: Documents. and appurtenances as indicated in the Drawings removal of concrete and/or asphalt pavement speed tables, curb and gutter, and other related items. representative, assume all duties in the Contract Documents in connection with consecutive calendar days after the date when of the General Conditions, and completed & C of the General Conditions within 150 paragraph 14.07.B Contract and Contractor financial thereof expense completed that as liquidated Hundred 2.03 Fifty Time commences to run. recognize that time is of the essence of loss if the Work is not completed within the times allowed in accordance with Article 12 of and difficulties involved in proving the actual loss on time. Accordingly, instead of requiring any such damages for delay (but not as a penalty) dollars ($350.00) for each day that expires after the the the the time specified in paragraph 3.1 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 •Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-1 time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by City of Fayetteville, Contractor shall pay City of Fayetteville Three Hundred Fifty dollars ($350.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment Article 4. CONTRACT PRICE. City of Fayetteville shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in cun cut funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1. for all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. Item No. Item Description Unit Estimated Quantity Unit Price Total Price LS 1 $8,500.00 $8,500.00 1 Mobilization EA 22 ‘ $5,400.00 $118,800.00 2 Speed Tables EA 3 $9,500.00 $25,500.00 3 Landscaped Islands LF 500 $22.00 $11,000.00 4 Curb and Gutter LF 40 $200.00 $8,000.00 5 Additional Speed Table Width Sy 210 $76.00 $15,960.00 6 Concrete Pavement Removal and Repair TOTAL BID $187,760.00 As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.0 of the General Conditions. Article 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.1. Progress Payments. City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02. All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, less the aggregate of payments previously made and less such Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville Engineering Division March, 2007 Page 00500-2 amounts as Engineer shall determine, or City of Fayetteville may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 90 percent of Work completed (with the balance of 10 percent being retainage), If Work has been 50 percent completed as determined by the Engineer, and if the character and progress of the Work have been satisfactory to City of Fayetteville and Engineer, City of Fayetteville, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to City of Fayetteville as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to Contractor to 98 percent of the Contract Price (with. the balance of 2 percent being retainage), less such amounts as Engineer shall determine, or City of Fayetteville may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.B & C of the General Conditions, City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraphs 14.07.B & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce City of Fayetteville to enter into this Agreement Contractor makes the following representations: 6.1. Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. 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, or furnishing of the Work. 6.3. 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. 6.4. Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. Contractor accepts the determination set forth in paragraph SC - 4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely as provided in paragraph 4.02 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. Contractor has obtained and •Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-3 • carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. Contractor is aware of the general nature of work to be performed by City of Fayetteville and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. 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. 6.7. 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 and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and famishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between City of Fayetteville and Contractor concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 8, inclusive). 7.2. Performance and Payment Bonds (Exhibits A and B respectively). 7.3. Certificates of Insurance (Exhibit C). 7.4. Documentation submitted by Contractor prior to Notice of Selection. 7.5. General Conditions (pages 1 to 41, inclusive). 7.6. Supplementary Conditions (pages 1 to 10 inclusive). 7.9. Specifications consisting of Divisions 1 through 3 as listed in table of contents thereof. 7.10. Addenda number 7.11. Drawings (not attached hereto) consisting of cover sheets and additional sheets with each sheet bearing the following general titles: Wilson Park and Washington -Willow Area Trac Calming (5 sheets total) 7.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-4 7.12.1. Notice to Proceed 7.12.2. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.1-7.12 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. City of Fayetteville and Contractor each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA maybe assessed for this compliance. 8.7. This contract must be interpreted under Arkansas Law. Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-5 IN WITNESS WHEREOF, quadruplicate. One been delivered to Contractor. Fayetteville and Contractor This Agreement will OWNER: City of counterpart be effective Fayetteville All or identified CITY OF FAYETTEVILLE and each has been delivered to City of Fayetteville portions of the Contract Documents by Engineer on their behalf. on 2007 CONTRACTOR and Engineer, have been signed, (which is the Effective CONTRACTOR: have initialed, Tomlinson signed this and two counterparts or identified Date of the Asphalt Agreement Agreement). in have by City of Company, By: Inc. By: Mayor Dan Coody [CORPORATE SEAL] Attest Title [CORPORATE SEAL] * Attest Address for giving notices (If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) * If a Corporation, attest by the Secretary. Address for giving notices License No. Agent for service of process: (If Contractor is a corporation, attach evidence of authority to sign) • Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-6 • (5/2/2007) Lisa Branson - Tomlinson Asphalt Company, Inc Page 1 From: Lisa Branson To: Petrie, Ron Date: 5/2/2007 3:00 PM Subject: Tomlinson Asphalt Company, Inc. Ron, The City Council passed your item last night however there is not a sign agreement. Please let me know the status of the original agreement. Thanks, Lisa Lisa Branson City of Fayetteville City Clerk's Division 113 W Mountain Fayetteville, AR 72701 (479) 575-8323 lbransonf@ci.favetteville.ar.us • ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND Bond No. 929309574 We, .Tomlinson Asphalt Company, Inc. as Principal, hereinafter called Principal, and Western Surety Company hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Owner, inthe amount of Sixty and No/100 , as Surety, City of Fayetteville, AR One Hundred Eighty .Seven Thousand Seven Hundred1 Dollars ($ 187, 760.00 0 ), for the payment whereof Principal and Surety bind themselves, their heirs; personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated entered into a contract with Owner for May 14, 2007 Wilson Park/Washington-Willow Area Traffic Calming 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 part 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 after twelvemonths from the date final payment is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years from the date on which the 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 any extension of time 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 the Surety or Sureties, or either or any of them, therrheirs PY• Y.— personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties. of hny_.auch "!r` alteration, extension or forbearance being hereby waived.=�I r y sk p-• .• ,•' k �., vr� Executed on this 8th day of May 2007 \_ a. V\ attern VP - Total ins•Asphalt Company., Inc ' 4, Prin al ,! `'"*-,-�: ' • ' In no event shall the aggregate liability of the Surety exceed the sum set out herein. By _ ay,In - alapi" Western Surety Company Surety NB - �' I `�. ends Smit 1 Attorney -in -Fact 'PCS