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HomeMy WebLinkAbout189-11 RESOLUTIONRESOLUTION NO. 189-11 A RESOLUTION AWARDING BID #11-62 AND APPROVING A CONTRACT WITH WYATT CONTRACTING, INC. IN THE AMOUNT OF $59,530.00 FOR THE CONSTRUCTION OF A LAKE SEQUOYAH BOAT RAMP AND COURTESY DOCK, APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY, AND APPROVING A BUDGET ADJUSTMENT 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 #11-62 and approves a contract with Wyatt Contracting, Inc. in the amount of $59,530.00 for the construction of a Lake Sequoyah boat ramp and courtesy dock. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a ten percent (10%) project contingency. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit "A". PASSED and APPROVED this 1st day of November, 2011. ATTEST: By: r�1 � S NDRA E. SMITH, City Clerk/Treasurer i&AwAtz City of Fayetteville, Arkansas Budget Adjustment Form V11.0425 Budget Year 2011 Division: Parks & Recreation Department: Parks & Recreation Request Date 10/14/2011 Adjustment Number BUDGET ADJUSTMENT DESCRIPTION 1 JUSTIFICATION To increase funding for the Lake Sequoyah Improvemetns and reduce funding in Lake Fayetteville North Playground and Walker Park Entry Feature and Kiosk in the amounts of $7,921 and $2,022. Byron Humphry Division Hea Budget Di or Alison Jumper (in Connies Absence 10/14/2011 Date /0 f-4gt-f--, Date Department Director Finance Director 10/14/2011 Date - q • kll Date LD Date 17 Prepared By: Trade Martin Reference: ttnartin Budget & Research Use Only Type: A BCD E P General Ledger Date Posted to General Ledger Checked / Verified initial Date TOTAL BUDGET ADJUSTMENT Account Name Park improvements Contract services Greenspace Fees SE Greenspace Fees SE Park improvements Park improvements Initial Increase / (Decrease) Project.Sub Account Number Expense _ Revenue Number 2250.9256.5806.00 7,921 02043 . 2 2250.9255.5315.00 (7,921) 10009 . 1 2250.0925.4419.03 7,921 02043 , 2 2250.0925.4419.03 (7,921) 10009 . 1 2250.9255.5806.00 2,022 02043 . 2 2250.9255.5806.00 (2,022) 02043 . 1001 KAFinancial Services \ BA's 2011 \BA BA 10.14.11 1 of 1 Byron Humphry Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/1/2011 City Council Meeting Date Agenda items Only Maintenance Division Action Required: Parks and Recreation Department resolution awarding Bid #11-62 and approval of a contract with Wyatt Contracting, Inc. in the amount of $59,530 with a 10% project contingency of $5,953 for a total project cost of $65,483 for the Construction of Lake Sequoyah Boat Ramp and Courtesy bock. 65,483.00 Cost of this request 2250.9256.5806.00 Account Number 02043.2 Project Number Budgeted Item 99,943.00 Category / Project Budget Lake Sequoyah Improvements Program Category/ Project Name 34,460.00 Lake Sequoyah Improvements Funds Used to Date Program / Project Category Name 65,483.00 Park Land Dedication (SE)/ Parks Dev. Remaining Balance Fund Name Budget Adjustment Attached NMI kY 10/14/2011 Department Director (11/1Gt VU' ✓,SPvt(k) Date L.c_LL Finance and Internal Services Director Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office 10-14-11P03:03 RCVD Received in Mayor's Office Comments: Revised January 15, 2009 le ARKANSAS www.accessfayetteville.org THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Thru: Mayor Lioneld Jordan and City Council Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director From: Byron Humphry, Maintenance Superintendent Date: October 14, 2011 Subject: Bid #11-62, Construction of Lake Sequoyah Boat Ramp and Courtesy Dock Agenda Request for November 1, 2011 Meeting PRO POSAL: Lake Sequoyah Park, consisting of 1,400 acres, is one of the city's three lake properties serving the city as well as the adjacent neighborhoods and communities. The park is situated in the southeast quadrant of town and is located at 6608 East Lake Sequoyah Drive. The project site is located on the west side of the lake along E. Lake Sequoyah Drive. In August 2011 the former boat docks were demolished. This project includes the demolition of the existing boat ramps and courtesy dock and construction of a new boat ramp and floating courtesy dock and associated site work. The project was approved as part of the 2010 CIP. The project was advertised on September 28 and October 6, and bids were opened on October 13, 2011. One vendor, Wyatt Contracting, Inc., submitted a bid in the amount of $59,530. (See attached bid tabulation sheet.) If approved, the construction of the project is anticipated to begin in November 2011 and be completed in January 2012. RECQMMENDATION: A resolution awarding Bid #11-62 and approval of a contract with Wyatt Contracting, Inc. in the amount of $59,530 with a 10% project contingency of $5,953 for a total project cost of $65,483 for the Construction of Lake Sequoyah Boat Ramp and Courtesy Dock. BUDGET IMPACT: This project is funded with Park Land Dedication (SE Quadrant) funds ($63,461) and Park Development funds ($2,022). Total project cost including a 10% project contingency is $65,483. Attachments: Staff Review Form Bid Tabulation Sheet Wyatt Contracting, Inc. Bid Submittal Contract Agreement Signed by Contractor Purchase Requisition Budget Adjustment RESOLUTION NO. A RESOLUTION AWARDING BID #11-62 AND APPROVING A CONTRACT WITH WYATT CONTRACTING, INC. IN THE AMOUNT OF $59,530.00 FOR THE CONSTRUCTION OF A LAKE SEQUOYAH BOAT RAMP AND COURTESY DOCK, APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY, AND APPROVING A BUpGET ADJUSTMENT 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 #11-62 and approves a contract with Wyatt Contracting, Inc. in the amount of $59,530.00 for the construction of a Lake Sequoyah boat ramp and courtesy dock. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a ten percent (10%) project contingency. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit "A". PASSED and APPROVED this 1St day of November, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ev ARKANSASe BID: 11-62 DATE: 18113/1/ TIME: 2:00 PM CITY OF FAYETTEVILLE Bid 11-62, Construction of Lake Sequoyah Boat Ramp & Courtesy Dock BIDDER TOTAL B{D PRICE 1 Wyatt Contracting Inc $59,530.00 *NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: P. VICE, PURCH MGR 90aLkAA.a . LIQ tO.1 - 11 WITNESS DATE Rem Estimated Unit Filo. Quantity Section 00 41 13 BID FORM Description of item Unit Price Total Amount Mrd, �:2,7ttruat 'i`762. --n - desfr /ir 1 Lump Sum Mobilization - (Dol to exceed 5% of NMI bid) m� dollars $( )/L.S, $ /9dr%0_ amount written in words in figures in figures 2 1 Lump Sum Bonds, Insurance and Construction Staking ry reit/.1- Gt .•it j� dollars $( )IL $. S G. 76 amount written in words / in figures in figures 3 1 Lump Sum Demolition, removal and disposal of existing ramp dollars .5( )/L.S. $ 5,00.1 r> bre( amount written in words in figures in figures 4 1 Lump Sum Erosion control ✓C/ Kfior.4 /44 a//Iasi: dollars S( )/L.S. $ amount w tten in words in figures in figures 5 969 Square Feer Concrete Poured -in -Place Ramp 11/1444" 0.6.44 c S < /rte dollars $( )/S.F. $ f 570 aunt written In Words in figures in figures 6 24 Cubic Yards SB2 Base- Complete in Place amount written in nwords dollars $( )/C.Y. $ 1.47001' in figures in figures 7 1 Lump Sum Push Slab -Complete in Place r l/ds r.��it J dollars s( yi,.S. $ `'� 6OO- amt written en in words in figures in figures Floating Courtesy Dock Kit w/Ramp Kit- Complete 8 1 Lump Sum in Place dollars $( )1.S. $ Esoco, amount writ t i orris in figures in figures 9 1 Lump Sum Lumber for Floating Dockotto �fjl/ii�'�r2/1%IsS dollars $( $ r" amount whit t wards in figures in figures This bid form continues on the next page... City of Fayetteville Bid 11-62, Construction of Lake Sequoyah Boat Ramp and Courtesy Dock Page 00 41 13-1 October 13, 2011 BID FORM Continued Item Estimated Unit Description of hem Unit Price Total Amount No. Quantity Site restoration - including 4 -inch depth topsoil, E0 1 Lump Sum fescue seed, straw and water amount written in words TOTAL BID arnfind written in words r� dollars $( uL.S, s genn7c -t-- oil9ra in figures in figures 5'530 in figures 'Die Bidder shall state the price bid in words attd figures (written in ink or typed) for each pay item, and the total bid. In case of conflict between words and figures, the words, unless obviously incorrect, shall govern. Bidder understands that the Owner reserves the rigid to award the total project, or to reject any or all bids and to waive any informalities in the bidding. Bidder agrees that this Bid shalt be good and will not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. Respectfully submitted, Firm Name 41 vt,b7":&t - INC. By Address 27 p s /Lkd i, -7' 3 City ** Arkansas State Contractor's License Number State 4M(' _ 71-64(-- (1)(.57411,131L, Z., 4(--( 7411,1,31L, ** A Contractor's License is required to bid this project. This project requires a five (5) percent bid bond at time of bid opening. After contract award, a one hundred (100) percent performance and payment bond is required along with proof of insurance before construction begins. End of Section 00 41 13 City of Fayetteville Bid 11-62, Construction of Lake Sequoyah Boat Ramp and Courtesy Dock Page 00 41 13-2 October 13, 2011 NOTICE TO CUSTOMER THE PSIRCNARF OF AN IMDETMNITY BON FROM YOUR INSURANCE CO. WILL BE REOUIREC BEFORE ANY OF 9c A1. CHECK OF 7HI8 BANK SYIF-L BE REPLMEO OR Putimlo IF BOST. MISPLACED OR STOLEN. REMITTER Gaylan Wyatt FIRST NATIONAL HANK QF IZAFID COUNTY CALICO !SOCK. AINKANBA8 72479 PAY TO THE City of FayettErvil la ORDER OF . 162841 8I. D5Ia29 DATA October 12, 2011 15 2,9 76dols S rich 12.ARD COUNTY 2,975.50 Cashier's Check VOID OVER $2,476.5 DOLLARS Section 00 52 13 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the Pi: day of Kinvekbote in the year 2011 by and between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and Wvatt Construction, Inc. (herein after called CONTRACTOR). CITY OF FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The work generally consists of the demolition of approximately 74 SY of existing concrete, approximately 88 SY of existing asphalt, construction of an approximately 74 SY heavy duty "V" grooved concrete push -slab ramp, approximately 73 SY of heavy duty "V" grooved concrete paving and construction of a floating courtesydock and associated site work at Lake Sequoyah Park and all items indicated in the Drawings and Specifications. Article 2. PROJECT MANAGER. The Project has been designed by the CEI Engineering under the direct supervision of: City of Fayetteville Parks and Recreation Department 1455 South Happy Hollow Road Fayetteville, Arkansas 72701 will be hereinafter called PARKS AND RECREATION DEPARTMENT PROJECT MANAGER and who is to act as CITY OF FAYETTEVILLE's representative, assume all duties and responsibilities, and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract documents. Article 3. CONTRACT TIME. 3.1. The Work for Construction of Lake Sequoyah Boat Ramp and Courtesy Dock shall be substantially completed within 45 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraphs 14.07.B & C of the General Conditions within 60 consecutive calendar days after the date when the Contract Time commences to run. 3.2. Liquidated Damages. CITY OF FAYETTEVILLE and CONTRACTOR recognize that time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving City of Fayetteville Bid 11-62, Construction of Lake Sequoyah Boat Ramp and Courtesy Dock Page 1 of 7 November 1, 2011 the actual Toss suffered by CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by CITY OF FAYETTEVILLE, CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY OF FAYETTEVILLE shall pay 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 ail 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. PAYMENT ITEMS Wyatt Construction, Inc. ITEM# DESCRIPTION UNIT EST. QTY. UNIT PRICE TOTAL 1 Mobilization (not to exceed 5% of project bid) L.S. 1.00 $19,600.00 519,600.00 2 Bands, insurance and Construction Staking L.S. 1.00 54,055.57 $4,055.57 3 Demolition, Removal and Disposal of Existing Ramp L.S. 1.00 84,179.07 $4,179.07 4 Erosion Control L.S. 1.00 51.679.07 51,679.07 5 Concrete Poured -in -Place Ramp S.F. 960.00 54.79 $4,600.00 6 SB2 Base CY 24.00 $108.33 $2.600.00 7 "Push" Slab - Complete in Place L.S. 1.00 55,779.07 55.779.07 8 Floating Courtesy Dock Kit with Ramp Kit- Installed L.S. 1,00 59,179.07 $9,179.07 9 Lumber for Floating Dock L.S. 1.00 56,179.07 56,179.07 10 Site Restoration includina 4" topsoit and seeding L.S. 1.00 81,679.07 51,679.07 TOTAL CONTRACT AMOUNT $59,530.00 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 PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.8 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 City of Fayetteville Bid 11-62, Construction of Lake Sequoyah Boat Ramp and Courtesy Dock Page 2 of 7 November 1, 2011 will be processed by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER 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 PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, on or about the lst 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 PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.6.5 & 14.02.D of the General Conditions. 95 percent of Work completed (with the balance of 5 percent being retainage), If Work has been 50 percent completed as determined by the PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and if the character and progress of the Work have been satisfactory to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to CITY OF FAYETTEVILLE as provided in paragraphs 14.02.6.5 & 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 PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.6.5 & 14.02.D of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.6 & C of the General Conditions, CITY OF FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in said paragraphs 14.07.6 & C. Article 6. CONTRACTOR'S REPRESENTATIONS. City of Fayetteville Bid 11-62, Construction of Lake Sequoyah Boat Ramp and Courtesy Dock Page 3 of 7 November 1, 2011 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 PARKS AND RECREATION DEPARTMENT PROJECT MANAGER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by 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. City of Fayetteville Bid 11-62, Construction of Lake Sequoyah Boat Ramp and Courtesy Dock Page 4 of 7 November 1, 2011 6.7. CONTRACTOR has given PARKS AND RECREATION DEPARTMENT PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER 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 7, 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 (Exhibit D). 7.5. General Conditions (pages 1 to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 13 inclusive). 7.7. Specifications consisting of Divisions 1 through 31 as listed in table of contents thereof. 7.8. Addendum number 1, inclusive. 7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered two through six with each sheet bearing the following general title: Lake Sequoyah Fayetteville Parks and Recreation. 7.10. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.10.1. Notice to Proceed 7.10.2 All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than 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. City of Fayetteville Bid 11-62, Construction of Lake Sequoyah Boat Ramp and Courtesy Dock Page 5 of 7 November 1, 2011 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 contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, 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 may be assessed for this compliance. 8.7. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18- 44-501 through 508) prohibits the filing of any mechanics' or materialmen's liens in relation to this public construction project. Arkansas law requires and the Contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non- payment of labor or materials on the bond. The Contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. City of Fayetteville Bid 11-62, Construction of Lake Sequoyah Boat Ramp and Courtesy Dock Page 6 of 7 November 1, 2011 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and one counterpart has been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by CITY OF FAYETTEVILLE and CONTRACTOR or identified by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER on their behalf. This Agreement will be effective on Date of The Agreement). N{oveha ex I , 2011 (which is the Effective CITY OF FA ETTEVILLE: CONTRACTOR Bv. ayor [CORPORATE SEAL} B �s�nntm oo okt-IT soy. •••••y ii �- • •• ��. :FAYETTEVILLE: v Attest 6thai3 *Attes [CORPORATE SEAL] re,s * If poration, attest by the Secretary. Address for giving notices Address for giving notices (If CONTRACTOR is a corporation, attach evidence of authorityto sign.) City of Fayetteville Bid 11-62, Construction of Lake Sequoyah Boat Ramp and Courtesy Dock Page 7 of 7 November 1, 2011 ITequisition Na: ate: 10/14/2011 N.0 Number: txpected Delivery tate: Yail es: No: Taxable :Quotes Attached Yes:_ No: Yes: Bid Tab No: Divison Elea proval: Extensibr% 368 Project/Subproject # Inventory # Fixed Asset # 02043.2 I. J 1 sw •. Subtotal: $59,530.40 Tax: Total: $59,530.00 Mayor. Department Director: Purchasing Manager: Finance & Internal Services Director: Budget Manager: IT Manager: Dispatch Manager: Utilities Manager: Other: O..,.:..�a .+ownn4 1 1 _ City Of Fayetteville Purchase Order (P0) Request (Not a Purchase order) All purchases unplee (questions) _ $2500 shall bg used on a F Card unless medical or 1095 service related Call x256 with uesoions A11 Pa Request Shall: be-scerriresfto ltO rirchaiir g a iria1L Purchasingfp,ci:fayettevlffe.er.us Vendor #: Vendor Name: 21500 Wyatt Contracting, Inc C O a a 0 u. Ship to code: Requester's Employee #: 2557 Account Numbers 4 0 0 S 0 0 in 'SpecialInstructions: Tax is included in the bid price. Approvals• Zip Code: 72566 86 ARK 223 dress: 77 City: State: Pineville AR Requester. Byron Humphry, Maintenance Superintendent Extended Cost 0 0 00 of cn in w o v! 0 o V► 00.05 0 o W © o w o d H► , 0 O Nf o O us 0 o w Unit Cost 1 0 0 0 M in s" 0o Ic. -rUnit of Issue r Quantity 1: a S 8 Construction of Lake Sequoyah Boat Ramp and Courtesy Dock Per Bid 11-62 Shipping/Handling w - — N M e} 0 0 h 00 en Section 00 52 13 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the day of in the year 2011 by and between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and Wyatt Construction, Inc. (herein after called CONTRACTOR). CITY OF FAYETTEVILLE and C NTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as folio s: Article 1. WORK. CONTRACTOR shall complete all Work specified or in The work generally consists of the demolitio of ap approximately 88 SY of existing asphalt, cons ucti grooved concrete push -slab ramp, approximate 7 paving and construction of a floating courtesy do Park and all items indicated in the Drawings and icated in the Contract Documents. proxi ately 74 SY of existing concrete, on oan approximately 74 SY heavy duty "V" 3 of heavy duty "V" grooved concrete d associated site work at Lake Sequoyah cifications. Article 2. PROJECT MANAGER. The Project has been designed by the CEI En ineering der the direct supervision of: City of Fayetteville Parks and Recreation D:.artment 1455 South Happy Hollow Road Fayetteville, Arkansas 72701 will be hereinafter called PARKS AND RECREATION DEPARTME T PROJECT MANAGER and who is to act as CITY OF FAYETTEVILLE's representative, assume all duties and responsibilities, and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract documents. Article 3. CONTRACT TIME. 3.1. The Work for Construction of Lake Sequoyah Boat Ramp and Courtesy Dock shall be substantially completed within 45 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraphs 14.07.8 & C of the General Conditions within 60 consecutive calendar days after the date when the Contract Time commences to run. 3.2. Liquidated Damages. CITY OF FAYETTEVILLE and CONTRACTOR recognize that time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving City of Fayetteville Bid 11-62, Construction of Lake Sequoyah Boat Ramp and Courtesy Dock Page 1 of 7 November 1, 2011 the actual loss suffered by CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refu or fail to complete the remaining Work within the time specified in paragraph 3.1 fir completion and readiness for final payment or any proper extension thereof granted by CITY OF FAYETTEVILLE, CONTRACTOR shall pay CITY FAYETT. ILLE Two hundred and fifty dollars ($250.00) for each day that expire after the ime specified in paragraph 3.1 for completion and readiness for final . ymen Article 4. CONTRACT PRICE. CITY OF FAYETTEVILLE shall pay C accordance with the Contract Docu the amounts determined from the f 4.1 and 4.2 below: RACTOR for completion of the Work in nts . n amount in current funds equal to the sum of lowing ,chedule of Values pursuant to paragraphs 4.1. For all Work other than Uni Price Work, a amount equal to the sum of the established lump sums for eac separately identified item of Lump Sum Work; and 4.2. For all Unit Price Work, . n amount equal to the sum of the established unit price for each separately identified i m of Unit Price Work times the estimated quantity of that item as indicated in this p. agraph 4.2. PAYMENT ITEMS Wyatt Construction, Inc. ITEM,/ DESCRIPTION UNIT EST_ QTY. UNIT PRICE TOTAL 1 Mobilization Moll to exceed 5% of project bid) L.S. 1.00 519,600.00 $19,600.00 2 Bonds, Insurance and Construction Staking L.S. 1.00 54,055.57 $4,055.57 3 Demolition, Rsmoval and Disposal of Existing Ramp L.S. 1.00 54.179.07 $4,179.07 4 Erosion Control L.S. 1.00 31,679.07 $1 ,679.07 5 Concrete Poured -in -Place Ramp S.F. 960.00 S4.79 X4,600.00 8 SB2 Base CY 24.00 S106.33 $2,600.00 7 "Push" Slab • Complete in Race L.S. 1.00 05,779.07 65,779.07 8 Ftoatin0 Courtesy Dock foil with Ramp Kit- Installed L.S. 1.00 89,179.07 69,179.07 9 Lumber for Floating Dock L.S. 1.00 56,179.07 $6,179.07 10 Site Restoration including 4" topsoil and seeding L.S. 1.00 51.679.07 61,679.07 TOTAL CONTRACT AMOUNT $59,530.00 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 PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.E 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 City of Fayetteville Bid 11-62, Construction of Lake Sequoyah Boat Ramp and Courtesy Dock Page 2 of 7 November 1, 2011 will be processed by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER 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 PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02 . All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of 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, pr amount equal to the percentage indicated of payments previous , made and 1 RECREATION DEPART NT PROJEC FAYETTEVILLE may withho •, in accord of the General Conditions. 95 percent of Work co retainage), If Work has be PARKS AND RECREATION the character and progress FAYETTEVILLE and P PROJECT MANAGER, C Y PARKS AND RECREAT s N determine that as long .-s the satisfactory to them, t ere w work completed, in w ich ca Substantial Complet'+n will b Work completed. gress payments will be made in an elow, but, in case, less the aggregate ss such amounts as PARKS AND MANAGER shall determine, or CITY OF nce with paragraphs 14.02.B.5 & 14.02.D d (with the balance of 5 percent being 0 percent completed as determined by the EPARTMENT PROJECT MANAGER, and if Work have been satisfactory to CITY OF K AND RECREATION DEPARTMENT OF AYETTEVILLE, on recommendation of DEP ."TMENT PROJECT MANAGER, may chara er and progress of the Work remain ill be no additional retainage on account of se the re ining progress payments prior to e in an amot equal to 100 percent of the 100 percent of materials and equipment not incorporated in the Work but delivered, suitab stored, and accompanied by documentation satisfactory to CITY OF F YETTEVILLE 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 PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.E & C of the General Conditions, CITY OF FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in said paragraphs 14.07.B & C. Article 6. CONTRACTOR'S REPRESENTATIONS. City of Fayetteville Bid 11-62, Construction of Lake Sequoyah Boat Ramp and Courtesy Dock Page 3 of 7 November 1, 2011 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 satisfies as to all federal, state, and local Laws and Regulations that may aff ct cost, progress, pe ormance, and furnishing of the Work. 6.4. CONTRACTOR has car fully studied al reports of explorations and tests of subsurface conditions at or conti ous to the sit and all drawings of physical conditions in or relating to existing surface orsurface s uctures at or contiguous to the site which have been identified in the Supplem: ntary C. ditions as provided in paragraph 4.02.A of the General Conditions. CONTRACT k.NR ac pts the determination set forth in paragraph SC -4.02 of the Supplementary Conditio o the extent of the "technical data" contained in such reports and drawings upon which NTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions CONTRACTOR acknowledges that -uch eports and drawings are not Contract Documents and may not be comple for C• TRACTOR's purposes. CONTRACTOR acknowledges that CITY OF F ETTEVIL and PARKS AND RECREATION DEPARTMENT PROJECT MANA R do not as ume responsibility for the accuracy or completeness of information and • -ta shown or in.'. ated in the Contract Documents with respect to Underground Faciliti s at or contiguo to the site. CONTRACTOR has obtained and carefully studied or assumes respon '•ility for having done so) all such additional supplementary exa 'nations, investigations., explorations, tests, studies, and data concerning conditions ,'surface, subsurface, an• Underground Facilities) at or contiguous to the site or o erwise which may affect cost, progress, performance, or furnishing of the Work or ich relate to any aspect of the means, methods, techniques, sequences, and procedure 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. City of Fayetteville Bid 11-62, Construction of Lake Sequoyah Boat Ramp and Courtesy Dock Page 4 of 7 November 1, 2011 6.7. CONTRACTOR has given PARKS AND RECREATION DEPARTMENT PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER 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. 7.2. 7.3. 7.4. Documentation submitted by CO RACTOR prior to Notice of Selection (Exhibit This Agreement (pages 1 to 7, inclusive). Performance and Payment Bonds, (ibits A and B respectively), Certificates of Insunce, (Exhibit C r D). 7.5. General Conditions (pages t• 42, inclusive). 7.6. Supplementary Conditions (ua• -s 1 to 13 inclusive). 7.7. Specifications consisting of DivisikQs 1 through 31 as listed in table of contents thereof. 7.8. Addendum number 1, ' clusive. 7.9. One set of drawine- (not attached hereto) consisting of: a cover sheet and additional sheets nrvmbered two through six with each sheet bearing the following general title: Lake Sequoyah Fayetteville Parks and Recreation. 7.10. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.10.1. Notice to Proceed 7.10.2 All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than 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. City of Fayetteville Bid 11-62, Construction of Lake Sequoyah Boat Ramp and Courtesy Dock Page 5 of 7 November 1, 2011 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 e other party hereto, its partners, successors, assigns, and legal repr_entatives in r-.=pect to all covenants, agreements and obligations contained in the Contract 1 scuments. 8.4. Any provision or part of the Cont under any Law or Regulation shall be de continue to be valid and binding upon stri enforceable provision that comes as clos stricken provision. 8.5. Changes, modifications, or amendme be allowed without a prior formal contra Council in advance of the change in sc uments held to be void or unenforceable stricken and. all remaining provisions shall provision or part thereof with a valid and as possible expressing the intention of the is in cope, price or fees to this contract shall not amen . ent approved by the Mayor and the City pe, cost o fees. 8.6. Freedom of Information Act. C y contract an. documents prepared while performing city contractual work are subject to e Arkansas Fre- .•om of Information Act. If a Freedom of Information Act request is pre nted to the City o Fayetteville, CONTRACTOR will do everything possible to provide th documents in a prompt and timely manner as prescribed in the Arkansas Freedom of I ormation Act (A.C.A. §25-19-101 et. seq.) Only legally authorized photocopying costs •ursuant to the FOIA may be assessed for this compliance. 8.7. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18- 44-501 through 508) prohibits the filing of any mechanics' or materialmen's liens in relation to this public construction project. Arkansas law requires and the Contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non- payment of labor or materials on the bond. The Contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. City of Fayetteville Bid 11-62, Construction of Lake Sequoyah Boat Ramp and Courtesy Dock Page 6 of 7 November 1, 2011 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and one counterpart has been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by CITY OF FAYETTEVILLE and CONTRACTOR or identified by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER on their behalf. This Agreement will be effective on , 2011 (which is the Effective Date of The Agreement CITY OF FAYETTEVILLE' CONTRACTOR By: Mayor [CORPORATE SEAL] [CORPORATE SEAL] By: Attest *Att * If a Corporation, attest by the Secretary. Address for giving notices Address for giving notices (If CONTRACTOR is a corporation, attach evidence of authority to sign.) City of Fayetteville Bid 11-62, Construction of Lake Sequoyah Boat Ramp and Courtesy Dock Page 7 of 7 November 1, 2011 31 II EMC Home Office • Employers mutual casualty Com p a mg Des Moines, Iowa Bond No. #S407283 l ill PERFORMANCE BOND Doo Kind Recorded: Fee KNOW ALL MEN BY THESE PRESENTS: That We, WYATT CONTRACTING, INC Nashingoa Bette III11I111111III ID PERFORMANCE Amt: $25.00 Stampe VIII VIII 0111 014343680003 12/14/2011 County. Circuit I Ill Facie 11111 10011 11111 1111111111 Type: BOND at 09:54 1 of 3 AR Clerk 7786 Arkansas 223, Pineville, AR. 72566 Fi1eBO3O-000OO (hereinafter called `Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation organized and existing under the laws of the State of Iowa with its principal office in the CITY OF DES MOINES, IOWA, and authorized to transact business in the State of Arkansas Employers Mutual Casualty Company as Surety, are held and firmly bound unto CITY COUNCIL OF THE CITY OF FAYETTEVILLE, AR., 1455 South Happy Hollow Rd., Fayetteville, AR. 72701 (hereinafter called "Obligee"), in the penal sum of - - -Fifty Nine Thousand Five Hundred Thirty and No/100 - - - DOLLARS ($ 59,530.00 ), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. SEALED, with our seals and dated 7th,day of December 20 11 . WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee, dated the 1st day of November , 20 11 , providing for the construction or supply of, Construction of Boat Ramp, Lake Sequoyah, per plans & specifications. which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein for the purpose of explaining but not of varying or enlarging the obligation. • NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be void; otherwise, to be and remain in full force and effect. PROVIDED, HOWEVER, this bond is executed by the Surety, upon the express condition that no right of action shall accrue upon or by reason hereof, to or for the use or benefit of any one other than the Obligee named herein; and the obligation of the Surety is and shall be construed strictly as one of suretyship only. WITNESS: - • WYATT CONTRACTING, INC. rIn 'pal [Seal] By' ,- (If Individual or Firm) -Or on tt, President." ATTE T: plo ers . tual Casualty Company Q 0 C � �'� (Seal; 6y. (If Corp on) Virgin a Ha Adome in -Fa 7066(3-02) :14 AM 13 EMC Employem Mutual Casualty Company Home Office • Des Moines, Iowa Bond No. S407283 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That We, WYATT CONTRACTING, INC. 7786 Arkansas 223, Pineville, AR. 72566 (hereinafter called "Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation organized and existing under the laws of the State of Iowa and authorized to transact business in the State of Arkansas (hereinafter called "Surety"), as Surety, are held and firmly bound unto the CITY COUNCIL OF THE CITY OF FAYETTEVILLE, AR. 1455 South Happy Hollow Rd., Fayetteville, AR. 72701 (hereinafter called "Obligee"), in the penal sum of - - -Fifty Nine Thousand Five Hundred Thirty and No/100 - - - DOLLARS, ($ 59.530.00 ), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee, dated the 7th day of December , 20 11 , providing for the construction or supply of, Construction of Boat Ramp, Lake Sequoyah, per plans & specifications. Which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, IF the Principal shall promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, then this obligation to be void; otherwise to remain in full force and virtue. SIGNED and sealed this 7th day of December , 20 11 WITNESS: WYATT CO 4TRACTING, INC. (If Individual or Firm) 7067(2-0S) Virginia Ha Attomey-in-Fact E THE FACE AND REVERSE OF THIS DOCUMENT HAVE A COLORED FLAG ON WHITE PAPER /EMClnsurance Companies® No. 975869 P.O. Box 712 • Des Moines, IA 50303-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 7. Hamilton Mutual insurance Company, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company' and collectively as "Companies", each does, by these presents, make, constitute and appoint JERRY ROSENBAUM, JEFFREY L. HALL, VIRGINIA HARPER,SHARON K. FREEMAN, JUDY FRANKS, BETH HASEK, CHRISTY HARRIS, RHONDA STOVER, MARSHA HENDERSON, INDIVIDUALLY, LITTLE ROCK, ARKANSAS its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN AN AMOUNT NOT EXCEEDING FIVE MILLION DOLLARS ($5,000,000.00) and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. • The authority hereby granted shall expire APRIL 1, 2013 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasures and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attomey-in-fact at any time and revoke the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown,- and the Corporate seals to be hereto affixed this 5TH day of MARCH , 2010 Seals +gi4 aNSUg' �pPP9Pt f ,Uf+E, SEAL IOWA '-.SEAL Y IOWA n_ t _s 1953 • rows -1 ▪ SEAL oF▪ s'y▪ 01NE5��� - LAUREL A. BLOSS Commission Number 183662 My Comm. Exp. Marl 3. 2014 Bruce G. Kelley, Chairman of Companies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 Michael Freel Assistant Vice President) Assistant Secretary On this 5TH day of MARCH AD 2010 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly swom, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Vice President/Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires March 13, 2014. Notary Public in and for the State of Iowa CERTIFICATE 1, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on MARCH 5, 2010 _ on behalf of JERRY ROSENBAUM, JEFFREY L. HALL, VIRGINIA HARPER, SHARON K. FREEMAN, JUDY FRANKS, BETH HASEK, are true and correct and are still in full force and effect. CHRISTY HARRIS, RHONDA STOVER, MARSHA HENDERSON In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 7 th day of Dec . ,2011 . 7832 (5-07) SIXTH "For verification of the authenticity of the Power of Attorney you may call (515) 345-2689." Vice President CERTIFICATE OF INSURANCE Name & Address To Whom Issued: CITY OF FAYETTEV1LLE ARKANSA S 113 W MOUNTAIN ST FAYETTEVILLE, AR 72701-6069 SHELTER MUTUAL INSURANCE COMPANY A MUTUAL COMPANY SHELTER GENERAL INSURANCE COMPANY A STOCK COMPANY Name & Address of the Named insured: WYATT CONTRACTING INC 7786 AR 223 HWY PINEVILLE. AR 72566-8823 This Certificate of insurance neither afRrmatively nor negatively amends, alters or cateuds the coverage afforded by the policy(s) listed. The Certificate k Issued for informational purposes only and confers no rights to the certificate holder. This is to Certify that insurance policies shown below by policy number have been issued for the policy period(s) indicated: Company Type of Insurance Policy Number Policy Inception Policy Expiration Limits of Liability Shelter Mutual General Liability: X Premises &Operations 03-31-3163136-1 8/17/2011 2/17/2012 500,000 Per Occurrence 1,000,000 Aggregate Products/Completed Operations For: (Describe) 94007 - EXCAVATION X Products/Completed Operations Provided X- Yes No 94007 - EXCAVATION REMARKS: If any of the above listed polities are cancelled before the expiration date, notice will be delivered in accordance with the policy provisions. • Date 12/12/2011 Ey M -51.27-M /Apif.'.'. Authorized Representative 1817 WEST BROADWAY • COLUMBIA, MISSOURI • 65218-0001 • (573) 445-8441 4 {-i1AJ• . lid r-e SHELTER INSURANCE COMPANIES NAME AND ADDRESS OF NAMED INSURED: WYATT,GAYLON 7786 AR 223 HWY PINEVILLE, AR 72566-8823 AUTOMOBILE EVIDENCE OF INSURANCE AS OF 1211412011 Policy Number: 03-1-3163136-5 Wed Dec 14 11;35:20 CST 2011 AGENT; M LEwIS BARNES 502 S COLLEGE MOUNTAIN HOME, AR 72653 (870) 425-5181 AGENT NUMBER 03-132740 Effective Date: 06/19/2011, 10:00 AM Central Time Expiration Data: 12/19/2011,12:01 AM Central Time This policy will continue to renew as long as we offer to renew it and you pay the required premium by the duo date- TH E DESCRIBED AUTOMOBILE IS A 2004 DODGE 2500 4W ST OD LWB HO VEHICLE IDENTIFICATION # 3D7KU28C040124591 The limit of the compan 'e liability is stated in the poli COVERAGE LIMIT A BODILY INJURY EACH PERSON EACH ACCIDENT Slage00 swoow PROPERTY DAMAGE EACH ACCIDENT S•aana and applies as follows: MEDICAL PAYMENTS EACH PERSON D ACCIDENTAL DEATH EACH PERSON umrssuRFD MOTORISTS EACH PIASON EACH ACCIDENT SSECO 125,003 SWAB COLLISION SS00 DEDUCTIBLE PREMIUM X Y X DISCOUNTS REFLECTED IN THE PREhl1UM:I4fulu LrarDiscount amparnon Die, Passive Rearatnt-Dual Airtag, Sate Driver - 6 Year ADDITIONAL LISTED INSUREDS: THE FOLLOWING ENDORSEMENTS ARE A PART OP THIS POLICY AND ARE ATTACHED: A -928.5-A Income Disabiity Benefits Endaracmcnt A -707.4-A uninsured Motorists Property Damage (Damages Less $200 Ded) LOAN NO. 0 COMPREHENSIVE REIMBURSEMENT con. EMEROe cY ROM 5 RvICE S23n DebucliBLE EACH DISABLEMENT PREMIUM 5329.70 RATE CLASS 134N :OST SYMBOL 035 TERRITORY 031 PACKAGE CODE 3 TERN 06 MONTHS TIER0700 A -622-A AGENT