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Home My WebLink About153-13 RESOLUTIONRESOLUTION NO. 153-13 A RESOLUTION AWARDING BID #13-33 AND AUTHORIZING A CONTRACT WITH ARCO EXCAVATION AND PAVING, INC. IN THE AMOUNT OF $434,945.00 FOR THE DEMOLITION OF THE FOUNDATION AND CONCRETE SLAB AT THE FORMER TYSON BUILDING ON HUNTSVILLE ROAD, APPROVING A PROJECT CONTINGENCY OF $43,000.00, 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 #13-33 and authorizes a contract with ARCO Excavation and Paving, Inc. in the amount of $434,945.00 for the demolition of the foundation and concrete slab at the former Tyson Building on Huntsville Road, and fiirther approves a project contingency of $43,000.00. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 2d day of July, 2013. APPROVED: ATTEST: LIM 3y:-A SONDRA E. SMITH, City Clerk/Treasurer IIImo rR �; FAYETTEVILLE; '.9s'•�kANSP ��.. G TOiN'+�`�`�� City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Division: Water & Sewer Maintenance Request Date 2013 Department: Utilities Director 6/11 /2013 V12.0724 Adjustment Number BUDGET ADJUSTMENT DESCRIPTION 1 JUSTIFICATION A BA is needed in the Building Improvements -Tyson Building Demolition to cover the cost for the removal of the slab and foundation of the Tyson Building. Division C; Fincince Director Account Name Contract services Use of fund balance Prepared By: Cheryl Partain Date Springer, Kevin Reference: e Budget & Research Use Only Type: A B C D E P Date 6- 41" 2613 General Ledger Date Date Posted to General. Ledger, Initial Date Date 3 Checked 1 Verified to Initial Date TOTAL. BUDGET ADJUSTMENT 477,945 .477,945 Increase 1 (Decrease) Account Number Expense Revenue 4470.9470.5315,00 zD 477,945 - 4470.0947.4999.99 R1 477,945 Project.Sub Number 02046 . 1301 EXHIBIT A. H:IBudgetlBudget Adjustments12013_BudgetlKevin1BA2013 Project 02046 Tyson Building Slab Removal 3.xls 1 of 1 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/2/2013 City Council Meeting Date Agenda Items Only David Jurgens Utilities Management Utilities Submitted By Division Department Action Kegwrea: a construction contract with Arco Excavation and Paving, Inc. for $434,945.00, for removal of the Building slab and foundation, approve a $43,000 contingency, and approve a budget adjustment. $ 477,945 Cost of this request 4470-9470-5315.00 Account Number 02046-1301 Project Number Budgeted Item 797,331 Category 1 Project Budget $ 123.493 Funds Used to Date $ 673,838 Remaining Balance Budget Adjustment Attached Tyson Building Demolition Program Category / Project Name Building Improvements Program / Project Category Name Sales Tax Capital Fund Name `J Jrj Previous Ordinance or Resolution # 26-13 Date Original Contract Date: 2/5/2013 L-W- 1 3- Original Contract Number: Date Q . fie.. 2R Zot 6 Y4..— 6 —�3-/3 Date U? —� Date Clerk's Office Received in � mayor's Office r/ Revised January 15, 2009 To: Thru: From: Date: Fayetteville City Council Mayor Lioneld Jordan Don Mazy, Chief of Staff David Jurgen, Utilities Director June 18, 2013 Subject: Tyson Building Slab Removal CITY COUNCIL AGENDA SUPPLEMENTAL MEMO MEETING DATE OF JULY 2, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS with Arco Excavation and Paving, Inc. for $434,945.00 This memorandum provides supplemental information to the tentative City Council packet for the July 2, 2013 meeting, regarding the Tyson Building slab removal and grinding contract. The contract for Tyson facility slab and foundation removal and concrete and masonry grinding is on the agenda for the July 2, 2013 City Council meeting. The low bidder for the contract is Arco Excavation and Paving, Inc. for $434,945.00. When AR-Rahim took down the former Tyson building, we discovered that there was significantly more insulation contained within the structure than we had known about, and than we could have identified in advance. In some areas, the insulation was concealed between masonry wall sections. In one large area, there was a floor section that included a layer of insulation sandwiched between two concrete slab sections. As a result, it was much more difficult than expected to separate some of the masonry and concrete from the imbedded insulation. The contractor is still required to meet the LEED requirement of 75% diversion from the landfill. Kum & Go is paying 25% of the net removal cost, not to exceed $100,000. Based on this bid and the $84,199.05 received from AR-Rahim, the cost breakdown is shown below: Demo project bid $ 434,945.00 less 84,199.05 (received from Ar-Rahirn) Net demo cost after sale $ 350,745.95 - — --- ----- ---- - City's75%--$-263,059.46 - -- --- - -- - Kum & Go's 25% $ 87,686.49 While this bid cost more than anticipated, it still is below our original $369,000 estimated removal cost, obtained before we started this process. Additionally, that estimate did not take into account the hidden insulation costs, and the price would probably have been increased with that discovery. I will be on vacation during the agenda session, but Ron Petrie, Garver Engineers, will be at the agenda session to answer questions. Garver developed the plans and specifications for the slab removal and grinding contract. If you have questions for me before the meeting, I will be in the office until noon, Friday, June 21. Tyson Slab CC Supplemental MemoJun13 I!le faylL eV ARKANSAS� To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: David Jurgens, Utilities Directs Date: June 11, 2013 Subject: Tyson Building Slab Removal CITY COUNCIL AGENDA MEMO MEETING DATE OF JULY 2, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS co Excavation and Paving, Inc. for $434,945.00 RECOMMENDATION City Staff recommends approving a construction contract with Arco Excavation and Paving, Inc. for $434,945.00, for removal of the former Tyson Building slab and foundation, approve a $43,000 contingency, and approve a budget adjustment. BACKGROUND The City of Fayetteville is removing the Tyson Building at 1851 East Huntsville Road, in preparation for sale and development of approximately two acres of the site to and by Kum & Go. The sale contract was executed February 51h1 2013, and contains the following statement: "The City of Fayetteville agrees to demolish or pay a reputable contractor to demolish and remove unsalvageable debris of the old Tyson Factory to include removing its foundation, footings and slab within four months of both parties' execution of this Agreement." The structure itself has been removed through GovDeals on-line auction by AR Rahim, who paid the City a net of $84,199.05. AR-Rahim left all masonry and concrete on site for grinding or removal by a follow-on contractor. When the building was removed, we discovered several aspects of the original construction that were not expected and which were impossible to identify in advance without prior destructive testing. Primarily, there were large areas where insulation was sandwiched between layers of concrete floor, as well as sandwiched and attached to concrete and masonry wall material, making the insulation very difficult to remove from the concrete and masonry material. This feature caused this bid to be higher than was originally expected. The contractor is still required to meet the LEED requirement of 75% diversion from the landfill. DISCUSSION This contract is to remove the slab and foundation (to 30" below grade) and grind all concrete, masonry, and asphalt - -material, and -remove all remaining debris and material from the site. -The-City-of Fayetteville Utilities Team and/or Building Maintenance team will provide primary construction phase services, with limited technical support from Garver Engineers. The City received four bids, shown below. Bidder Bid ARCO Excavation and Paying, Inc. $ 434,945.00 Ark Wrecking Co of Oklahoma, Inc. $ 692,370.60 D&R, LLC. $ 558,377.02 Sweetser Construction, Inc. $ 763,023.00 Engineer's Estimate $ 437,000.00 BUDGET IMPACT Funding for this contract is coming from fund balance, per the attached budget adjustment. It will be replaced by proceeds from the land sale to Kum &. Go, when received. Tyson Slab CCMemoJun13 RESOLUTION NO. A RESOLUTION AWARDING BID 413-33 AND AUTHORIZING A CONTRACT WITH ARCO EXCAVATION AND PAVING, INC. IN THE AMOUNT OF $434,945.00 FOR THE DEMOLITION OF THE FOUNDATION AND CONCRETE SLAB AT THE FORMER TYSON BUILDING ON HUNTSVILLE ROAD, APPROVING A PROJECT CONTINGENCY OF $43,000.00, 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 #13-33 and authorizes a contract with ARCO Excavation and Paving, Inc. in the amount of $434,945.00 for the demolition of the foundation and concrete slab at the former Tyson Building on Huntsville Road, and further approves a project contingency of $43,000.00. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 2n' day of July, 2013. APPROVED: r1101939 LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer cay a P.P.mrgl. re.wl.ehmg Fs illly Bleb Ue i!Bn 8[O TABULATION ARia N5n3 BID GPENIM - Jun. 11, i01a; I PAe AM milINFIR" E%11MATE ARCO Ex..ndon A P..hg, Ma n A R, LLC, Ark Wmking Coal Okhwfi ti Inr" Sw..Iw Cwhu.Uon, Ino. REM SPEC, WTIMATE0 IXFT UNIT NO. W. OESCAIP1jw UNIT QUANTITY PR[CE A1eOMr PPICE AMOLeYT PP . AMOUNT PRN� AiIOLNT PPCE µ1OU.(r 1 ... ..".... 202 �S.I.ca ErtHnkm.nl ! ! CT lAw _.."". dlo,co 850,ORO.00T •--$12_16 _ _ _ .. S121�S9A0 ••'1'�48 i15.DG .. .i0.16. .".dSa.P83SY 5.000p6 Sis,pp 312.060.06 i 36.56 iai.'Jmao 2 2Ld SV$". R TPynI Pla-1 l•r aAneSj .180eGiryld SY.....�_..--iiiam,- 32.00 SSfi,96A.001..".__._��_. .. ..I. ]TnAO r ......" � 52.85 �I� � i]88]0.2a "i � S2.T5 .. _ iYwG7800� S _ 9 5C4 lMLh'ry �Eieilen Cenbol ...... Aue L$ 2 1 .•.. 82_S5S.T5 - fEyA.00 ". _ irs,lm,rso. _.. .. - 89,250.ou -_ 53.'l5o.a� 320.00000 ` Y],6o0,o1' jio,mn. — _ iY_'iva.aa Swim •.... as,wa.�6 i2,5O'J-va Y3,OP mi [ i20.000.00 ... M".W ___ 6ZOA00_00 i¢.7ou.va I _ I AOO.W �F •- • •. SS.W0.aor S 600ADi Y 6111' .. ... 84AW.50 Si�G6L.5b .... ... .-•. Sle,i3G,00 8t 1.i50.00 825.000.00 .. _. .y�o _.... _.._—.. ".SZS,.000:oo Sa¢,000,nn _. 59ZN00.00! i _S 736,000AO_ :. .. i�4n!w.ao . SPa ICxvcrg C,gnp.I. P.yement Rongval IPlen :OuenLryl SY e.6f1 39A0 >¢:e,ee6.pP! :... $o.n iwnsa SAa.3WA0� �.� j1 i,E0o.]a _ —_._ 81Y.59 aeAlii.30 ... "• .1EegA.Phd1 1 Pererrerl R.motml i. .. .. i ." .".".." ....... ...._..._."fir_....__"...."_.i ... 8P-2 1pkn Quenli SY 4,581 ia.00 : 513,743.W! 56-M dN.W1.761 %am E20,616.SOI wo 116.90.70. 112Mspq 56l�FEo� a Excting FMindxann P,temeM Plemeval SY Iespp i9.00 i • B 5P3 Ou.n Ian. ._ _..""""..._ RLhh[ai.g Cancne. ... Ls ! 1 51-0e,dl0.wyyi,5o6.ab. i'+ao,mo.W; I ., se"�5 ..." 75 S9ipTi.001 _ —597.WO.OD .. i9AG iiW.WO.W_ .i... •_ ........ ... d+ay.3ov.Ca! i3.]G sloo 0.m i11in68,oi i+3.b90AR' _ 5r30.000A0'.. ..ii60AM.00 i12an i....._ .___11t1g000m 5185,2BC.00 16 SPs.. R.nwn. OEPaso. end R.cycW Edatliq W6i (PYn Ouereitj CY axa s'2wAa iea,000gp! 518.60 Sfi920.116 i. r. i`+eA6 551A,W0N:.• 1512.Sa i.9fn]AOOAO __._.—.. E56.uo 51'n,eocno .... ..... . iduike.rg ..1. .._..._".. ._.. TOTALS S+aT Ioopo i133,916Ab e536,3T m Y892Amlffl 87&.M.0a Cwieewd Prb.x mI or 1 Oarve[ Pn,Ja[i No" eal.MTeEo Ta"y"-el��K RN SAS 81D: 13-33 DATE: 06/111/3 TIME: 10:00 AM CITY OF FAYETTEVILLE Bid 13-33, Constructionson -Manufacturing. Facility Slab Demolition, (Formerly 7y g :�.y:.vsx:•,,. . s "z• 81D 1=R r �- 4 T - :;'•f� � COS 1 ARCO Excavation and Paving, Inc. 2 Ark Wrecking Co. of Oklahoma, Inc. 3 o&R, LLC. 4 Sweetser Construction, Inc. "NOTICE. Bid award is contingent upon vandw meeting minimum Welileatlons and formal 76 5 �o by City o Cials. CERTIFIED: P. VICE, PORCH MGR WITNESS DATE GARVER June 11, 2013 2049 E. Joyce Blvd. Suite 400 Fayetteville, AR 72703 TEL 479.527.9100 FAX 479.527.9101 www.GarverUSA.com David Jurgens City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Re: Recommendation to Award Manufacturing Facility Slab Demolition (Former Tyson Complex) Dear Mr. Jurgens: Bids were received for "Manufacturing Facility Slab Demolition" at the City of Fayetteville, Purchasing Division, Room 306 — City Hall, 113 W. Mountain, Fayetteville, Arkansas at 10:00 a.m., Tuesday, June 11, 2013. A total of four bids were received for this project. ARCO Excavation & Paving, Inc. of Bentonville, Arkansas submitted the low bid for the project in the amounts of $434,945.00. A copy of the tabulation of bids received including the Engineer's estimate is attached. We recommend that the City of Fayetteville award the construction contract for "Manufacturing Facility Slab Demolition" to the low bidder, ARCO Excavation & Paving, Inc. We believe that the award of this project to ARCO Excavation & Paving, Inc. represents the best value for the City. Please call me if you have any questions. Sincerely, ---- -- GARVER Digilially signed 2013-0& 11 13:03-05:00 Dylan Cobb, P.E. Project Manager Attachments: laid Tabulation XA2013113047060 - Fayetteville Warehouse DemolitionlCorrespondencelOutgoingWurgens 2013-06-11 Recommendation to Award.doc DOCUMENT 00400 BID FORM Contract Name: Manufacturing Facility Slab Demolition (Former Tyson Complex) Bid Number BID # 13-33 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: /j Bidder: A&D E: CAVA1770N ' 1`APAJ6 LAIC, 101R-7 F- t6k)y 7z ARTICLE 1- INTENT 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and famish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2 - TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 00400 Bid Form 00400 —1 Garver Project No. 13047050 Manufacturing Facility Slab Demolition DOCUMENT 00400 BD FORM (continued) ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. 00400 Bid Form 00400-2 Garver Project No. 13047050 Manufacturing Facility Slab Demolition DOCUMENT 00400 BID FORM (continued) E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) ail such additional or 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 be employed by Bidder and safety precautions and programs incident thereto. F. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H. Bidder has correlated the information known to Bidder, 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. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. -_ --_- __ -J. -- The Contract -Documents are -generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any 00400 Bid Form 00400-3 Garver Project No.13047050 Manufacturing Facility Slab Demolition DOCUMENT 00400 —BID FORM (continued) L. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. ARTICLE 4 - BED PRICE Bidder will complete the Work in accordance with fire Contract Documents for the following pfice(s): IN NO CASE SHALL THE AMOUNT BID FOR THE ITEM OF "NOBILIZATIOWEXCEED 5% OF THE TOTAL CONTRACT AMOUNT FOR ALL OTHER ITEMS LISTED IN THE BID FORM. ITEM SPEC. NO. NO. DESCRIPTION ESTIMATED UNIT BID UNIT QUANTITY PRICE AMOUNT 202 2 1 204 I Select Embankment CY j 4" Topsoil Placement (Yard I j SY Areas) 1,000 972 q 3 i 505 Seeding and Mulching Acre 2 4 509 1 Erosion Control LS i 1 %,Q, � J 5 511 1 Mobilization Ls i 1 /9,7-50 790 6 SP-2 Existing Concrete Pavement Removal (Plan Quantity) SY 1 1 4,811 1 Existing Asphalt Pavement i SP-2 7 P SY Removal (Plan Quantity) 4,581 0 'M j 8 SP-2 Existing Foundation Pavement i SY Removal (Plan Quantity) 14,500 q,7&7-6 9 1 SP-3 I Rubblizing Concrete LS j 1 IWO-0 q 73,99 10 SP-b Rem ove, Dispose, and Recycle ii Existing Building Debris (Plan CY 3,200 4 Quanta} 1 — --------- - op TOTAL AMOUNT BID $� 4q f 00400 Bid Form 00400-4 Garver Project No. 13047050 Manufacturing Facility Stab Demolition ADDENDUM NO. 1 DOCUMENT 00400 BID FORM (continued) TOTAL AMOUNT BID $_J� ARTICLE 5 - CONTRACT TIMES 5.01 Bidder agrees es that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated m the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE b_ BID CONTENT 5.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a certified or bank cashier's check or a Bid Bond and in the amount of Nl'f1 �,Vw 7& Aeg �1✓�Et/�11V 9Dollars ($ % �S(% B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. ARTICLE 7 - COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: ARTICLE 8 - TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. 00400 Bid Form 00400 — 5 Garver Project No. 13047050 Manufacturing, Facility Slab Demolition DOCUMENT 00400 BID FORM" (continued) SUBMITTED on _1l/i //,- Th , 20J,5. Arkansas State Contractor License No. 55 4-6 2-7 I J If Bidder is: An Individual Name (type or printed): By: (SEAL) (Individual's Signature) Doing business as. Business address: Phone No.: FAX No.: A Partnershiy Partnership Name: (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: FAX No.: 00400 Bid Form 00400-6 Garver Project No.13047050 Manufacturing Facility Slab Demolition DOCUMENT 00400 BID FORM (continued) A Corporation Corporation Name:U rbi ow PONK N (SEAL) State of Incorporation: �k S- Type (General Business, Professional, Service, Limited Liability): By: _ Name Title: Attest: (Signature — attach evidence of authority to sign) or printed): AAV, Z& ix (CORPORATE SEAL) Business address:._ �Q27 C. y Phone No.: (�79) q5/ - 8400 FAX No.: END OF DOCUMENT 00400 00400 Bid Form 00400-7 Garver Project No. 13047050 Manufacturing Facility Slab Demolition DOCUMENT 00410 -- BID BOND KNOW ALL MEN BY THESE PRESENTS: that we as Principal, hereinafter called. the Principal, and a corporation duly organized under the laws of the State of -�7X as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the sum of Dollars ($ . ), for the payment of which sum, well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted a Bid for Manufacturing Facility Slab Demolition NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such Bid_ and Qive such Bond or Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. 00410 Bid Bond 00410-1 Garver Project No.13047050 Manufacturing Facility Slab Demolition DOCUMENT 00410 — BID BOND (continued) Signed and sealed this day of 20� PRINCIPAL (CORPORATE SEAL) By SURETY ATTORNEY -IN -FACT (This Bond shall be accompanied with Attorney-in-Fact's authority from Surety) END OF DOCUMENT 00410 (CORPORATE SEAL) 00410 Bid Bond 00410-2 Garver Project No.13047050 Manufacturing Facility Slab Demolition DOCUMENT 00430 — LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for MANUFACTURING FACILITY SLAB DEMOLITION (Former Tyson Complex) Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name Expected Percentage and Address or Value LL6- 1Otl a NOTE: This form must be submitted in accordance with the Instructions to Bidders. Bidder's Signa END OF DOCUMENT 00430 00430 List of Subcontractors 00430-1 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM NO. 1 GRANITE RE, INC. Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Arco Excavation & Paving, Inc. as principal, hereinafter called the Principal, and Granite Re, Inc., 14001 Quailbrook Drive, Oklahoma City, OK 73134 a corporation duly organized under the laws of the State of Oklahoma as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fayetteville, AR as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Bid Amount*****, Dollars ($*** 5 %***) for the payment of which sure well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Project: Bid 13-33, Construction -Manufacturing Facility Slab Demolition (formerly Tyson Complex) Bid Date: 6/11/13 NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specked in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 11 th day of June, 2013 Arco Excavation & Paving, Inc. Principal.- / /1-) ` Title (Seal) Granite Re, Inc. J / Billy Eu a Be ert, Jr, 4ttomWeyvin Fact ealy GRo7o9-3 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: PAT A. GIRARD; BILLY EUGENE BENNETT JR.; ADRIAN W. LUTTRELL; DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL; JACQUE. L. LINDSEY its true and lawful Attorney -in -Fact(,) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE its:, INC. through us, its Board of Directors, hereby ratifies and confirms all and Whatsoever the said:. . PAT A. GIRARD, SILLY EUGENE BENNETT JR.; ADRIAN W. LUTTRELL; DANNY.LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL; JACQUE L. LINDSEY may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC, has caused this instrument to be sealed with its corporate seal, duly attested by the :signatures of its President and Secretary/Treasurer, this 19'h day of July, 2012. R. Kenneth D. Whittington, President STATE OF OKLAHOMA } s $ A COUNTY OF OKLAHOMA } Kyle,45. McDonald, Treasurer On this 191h day of July, 2012, before me personalty came Kenneth D. Whittington; President of the GRANITE RE, INC. Company and Kyle P. McDonald, SecretwWreasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said .Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the 5ecretary/T'reasurer of GRANITE RE, INC., the corporation -described in and which executed the foregoing Power of Attorney; that they each knew the seal;of'said corporation, that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the'Company. , My Commission Expires: August 8, 2013 a, a. -Not* Public Commission #: 01013257 •'•.t,,, �° GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly.elected-and acting Secretary/I-remurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. - - -- "RESOLVED, that the President, any Vice President, the Secretary, and any -Assistant-vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of, the company fidelity and surety bonds and other documents of similar_ character .issued . by the Company,in_the course of its businessOn any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond : or, undertaking of the Company, the seal, or a facsimile thereof,may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validityof any such instrument or undertaking." { IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this -th day of _,1une - 20— ego-"G7�✓ S L A I. - , Kyle P. McDonald, Secretary/Treasurer GR0800-1 CITY COUNCIL AGENDA SUPPLEMENTAL MEMO ZayLe]V111e MEETING DATE OF JULY 2,2013 THE CITY OF FAYETTEVILLE, ARKANSAS ANSAS To: City of Fayetteville City Clerk R 7 From: David Jurgens, Utilities Director Date: July 11, 2013 Subject: Scrivener's Error Correction- Contract with Arco Excavation and Paving, Inc. This memorandum provides information explaining the correction of a Scrivener's Error in the City's contract with Arco Excavation and Paving, Inc. for $434,945.00. On the first page of the contract, the City Engineer's office was incorrectly identified as the Engineer for the project. The correct information is that Garver is the Engineer for the project. This error was corrected on the contract signed by Arco Excavation and Paving after the contract containing the error was approved by the City Council on July 2, 2013. All documents relating to this work were clearly prepared by Garver, and Ron Petrie, the engineer for Garver, represented the staff at the City Council Agenda Session on June 24, 2013. Tyson SIA Contract Correction Memo I IJul 13 DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: MANUFACTURING FACILITY SLAB DEMOLITION (Former Tyson Complex) Contract No.: 13-33 THIS AGREEMENT is dated as of the 11th day of July in the year 2013 by and between The City of Fayetteville, Arkansas and Arco Excavation & Paving, Inc. ARTICLE 1- WORK 1.01 Arco Excavation & Paving, Inc. shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The project includes, but not limited to, the Manufacturing Facility Slab Demolition (Former Tyson Complex), located at 1851 E. Huntsville Road in Fayetteville, AR, for existing building foundation and parking lot demolition for reuse and recycle to achieve LEED certification. The Contract consists of removing, storing on -site, rubblizing or grinding, separating reinforcing metal, documenting all material reused, recycled, and disposed for LEED certification, and other miscellaneous related items from 13,630-square yards of concrete foundation, 4,800-square yards of concrete pavement, and 4,500-square yards of asphalt pavement. The rubblized pavements will be reused as material to bring the site back to grade in addition to off -site embankment. ARTICLE 2 - ENGINEER 2.01 The Project has been designed by the Garver Engineers, who is hereinafter called Engineer. The Engineer assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 00500 Agreement 00500-1 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. 1 DOCUMENT 00500 —AGREEMENT (continued) ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work will consist of two construction phases with a total contract time of 60 consecutive calendar days. The work will be substantially completed after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within 70 calendar days after the date when the Contract Times commence to run. The construction phases are as follows: 1. Prase 1: Shall be Substantially Completed within 30 calendar days. Phase 1 construction includes the demolition of the Manufacturing Facility Slab, rubblizing concrete, grading, topsoil, and seeding and mulching. 2. Phase 2: Shall be Substantially Completed within 30 calendar days upon substantial completion of Phase 1 or at the discretion of the Owner, the phases may overlap. Phase 2 construction includes removing, disposing, and recycling the former Tyson Complex building debris stockpiled_ on -site. 3.03 LIOUIDATED DAMAGES: A. Owner and Arco Excavation & Paving, Inc. recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and 00500 Agreement 00500-2 Garver Project No. 13047050 Manufacturing facility Slab Demolition ADDENDUM No. 1 DOCUMENT 00500 —AGREEMENT (continued) difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Arco Excavation & Paving, Inc. agree that as liquidated damages for delay (but not as a penalty) Arco Excavation & Paving, Inc. shall pay The City of Fayetteville Two Hundred Fifty Dollars ($250.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Arco Excavation & Paving, Inc. shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Arco Excavation & Paving, Inc. shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the Arco Excavation & Paving, Inc. agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 00500 Agreement 00500-3 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. I DOCUMENT 00500 —AGREEMENT (continued) ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Arco Excavation & Paving, Inc. shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Arco Excavation & Paving, Inc. Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 2. Upon Substantial Completion, The City of Fayetteville shall pay an amount sufficient to increase total payments to Arco Excavation & Paving, Inc. to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or The 00500 Agreement 00500-4 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. 1 DOCUMENT 00500 —AGREEMENT (continued) City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Arco Excavation & Paving, Inc. makes the following representations: A. Arco Excavation & Paving, Inc. has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Arco Excavation & Paving, Inc. has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Arco Excavation & Paving, Inc. is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Arco Excavation & Paving, Inc. has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Arco Excavation & Paving, Inc. acknowledges that 00500 Agreement 00500-5 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. 1 DOCUMENT 00500 —AGREEMENT (continued) The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Arco Excavation & Paving, Inc. has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Arco Excavation & Paving, Inc. and safety precautions and programs incident thereto. F. Arco Excavation & Paving, Inc. does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Arco Excavation & Paving, Inc. is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Arco Excavation & Paving, Inc. has correlated the information known to Arco -Excavation_&_Paving, _Inc.,_ 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. I. Arco Excavation & Paving, Inc. has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Arco Excavation & Paving, Inc. has discovered in the Contract Documents and the written 00500 Agreement 00500-6 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. 1 DOCUMENT 00500 —AGREEMENT (continued) resolution thereof by Engineer is acceptable to Arco Excavation & Paving, Inc. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Arco Excavation & Paving, Inc. concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Arco Excavation & Paving, Inc. Bid. c. Documentation submitted by Arco Excavation & Paving, Inc. prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 00500 Agreement 00500-7 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. l DOCUMENT 00500 —AGREEMENT (continued) 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: MANUFACTURING FACILITY SLAB DEMOLITION: 8. Addenda numbers one (1) to �( �, inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLES - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be - -- -- - - - -assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 00500 Agreement 00500-8 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. 1 DOCUMENT 00500 —AGREEMENT (continued) 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Arco Excavation & Paving, Inc. each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Arco Excavation & Paving, Inc., who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. OTHER PROVISIONS: Not Applicable. IN WITNESS WHEREOF, The City of Fayetteville and Arco Excavation & Paving, Inc. have signed this Agreement in quadruplicate. One counterpart each has been delivered to Arco Excavation & Paving, Inc. and Engineer. Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Arco Excavation & Paving, Inc. or identified by Engineer on their behalf. 00500 Agreement 00500-9 Garver Project No, 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. 1 DOCUMENT 00500 —AGREEMENT (continued) This Agreement will be effective on 11th of July , , 2013 which is the Effective Date of the Agreement. ARCO EXCAVATION & PAVING, INC. CITY OF F B Heath Taylor ��ttnrrrrry�� Y By: Lioneld Jor a 1�� GOER K / T,Q�i� +�.�`-�•. • IT Y of . Title: President Title: Mayor v. •,. nnv E� VILLE� (SEAL) (SEAL)% ''y' j�A1V�P5 .4 ��j��®INI Attest rer� �r Attest Address for giving notices Address for giving notices (If Arco Excavation & Paving, Inc. is a corporation, attach evidence of authority to sign.) END OF DOCUMENT 00500 00500 Agreement 00500 - 10 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. 1 DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: MANUFACTURING FACILITY SLAB DEMOLITION (Former Tyson Complex) Contract No.: THIS AGREEMENT is dated as of the day of in the year 2013 by and between The City of Fayetteville, Arkansas and Arco Excavation & Paving, Inc. ARTICLE 1- WORK 1.01 Arco Excavation & Paving, Inc. shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The project includes, but not limited to, the Manufacturing Facility Slab Demolition (Former Tyson Complex), located at 1851 E. Huntsville Road in Fayetteville, AR, for existing building foundation and parking lot demolition for reuse and recycle to achieve LEED certification. The Contract consists of removing, storing on -site, rubblizing or grinding, separating reinforcing metal, documenting all material reused, recycled, and disposed for LEED certification, and other miscellaneous related items from 13,630-square yards of concrete foundation, 4,800-square yards of concrete pavement, and 4,500-square yards of asphalt pavement. The rubblized pavements will be reused as material to bring the site back to grade in addition to off -site embankment. ARTICLE 2 - ENGINEER 2.01 The Project has been designed by t , who is hereinafter called Engineer. The Engineer assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 00500 Agreement 00500-1 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. I DOCUMENT 00500 —AGREEMENT (continued) ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work will consist of two construction phases with a total contract time of 60 consecutive calendar days. The work will be substantially completed after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within 70 calendar days after the date when the Contract Times commence to run. The construction phases are as follows: Phase 1: Shall be Substantially Completed within 30 calendar days. Phase I construction includes the demolition of the Manufacturing Facility Slab, rubblizing concrete, grading, topsoil, and seeding and mulching. 2. Phase 2: Shall be Substantially Completed within 30 calendar days upon substantial completion of Phase 1 or at the discretion of the Owner, the phases may overlap. Phase 2 construction includes removing, disposing, and recycling the former Tyson Complex building debris stockpiled on -site. 3.03 LIQUIDATED DAMAGES: A. Owner and Arco Excavation & Paving, Inc. recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and 00500 Agreement 00500-2 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. 1 DOCUMENT 00500 — AGREEMENT (continued) difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Arco Excavation & Paving, Inc. agree that as liquidated damages for delay (but not as a penalty) Arco Excavation & Paving, Inc. shall pay The City of Fayetteville Two Hundred Fifty Dollars ($250.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Arco Excavation & Paving, Inc. shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Arco Excavation & Paving, Inc. shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750,00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the Arco Excavation & Paving, Inc. agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. - ------ --- --4 02— - --- As in-the-General-onditions--estimated-quantities-are-not--guaranteed and- --- - -- determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit. prices have been computed as provided in the General Conditions. 00500 Agreement 00500-3 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. 1 DOCUMENT 00500 —AGREEMENT (continued) ARTICLE 5 _ PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Arco Excavation & Paving, Inc. shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Arco Excavation & Paving, Inc. Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). b.___10Q°hof_Equipment_and_Materials notancor__porated_in-the__Work _____ but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 2. Upon Substantial Completion, The City of Fayetteville shall pay an amount sufficient to increase total payments to Arco Excavation & Paving, Inc. to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or The 00500 Agreement 00500-4 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. l DOCUMENT 00500 — AGREEMENT (continued) City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Arco Excavation & Paving, Inc. makes the following representations: A. Arco Excavation & Paving, Inc. has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Arco Excavation & Paving, Inc. has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Arco Excavation & Paving, Inc. is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Arco Excavation & Paving, Inc. has carefully studied all: (l) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Arco Excavation & Paving, Inc. acknowledges that 00500 Agreement 00500-5 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. I DOCUMENT 00500 —AGREEMENT (continued) The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Arco Excavation & Paving, Inc. has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Arco Excavation & Paving, Inc. and safety precautions and programs incident thereto. F. Arco Excavation & Paving, Inc. does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Arco Excavation & Paving, Inc. is aware of the general nature of work to be perfonned by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Arco Excavation & Paving, Inc. has correlated the information known to Excavation &-Paving;-Inc., irtfonnation 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. 1. Arco Excavation & Paving, Inc. has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Arco Excavation & Paving, Inc. has discovered in the Contract Documents and the written 00500 Agreement 00500-6 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. I DOCUMENT 00500 — AGREEMENT (continued) resolution thereof by Engineer is acceptable to Arco Excavation & Paving, Inc. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Arco Excavation & Paving, Inc. concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Arco Excavation & Paving, Inc. Bid. c. Documentation submitted by Arco Excavation & Paving, Inc. prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5, Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 00500 Agreement 00500-7 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. 1 DOCUMENT 00500 — AGREEMENT (continued) 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: MANUFACTURING FACILITY SLAB DEMOLITION: Addenda numbers one (1) to' (__), inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLES - MISCELLANEOUS 8.01 TERMS: A. Terms used in thisAgreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that t e effect o 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. 00500 Agreement 00500-8 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. I DOCUMENT 00500 — AGREEMENT (continued) 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Arco Excavation & Paving, Inc. each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Arco Excavation & Paving, Inc., who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. OTHER PROVISIONS: Not Applicable. IN WITNESS WHEREOF, The City of Fayetteville and Arco Excavation & Paving, Inc. have signed this Agreement in quadruplicate. One counterpart each has been delivered to Arco Excavation & Paving, Inc. and Engineer. Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Arco Excavation & Paving, Inc. or identified by Engineer on their behalf. 00500 Agreement 00500-9 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. 1 DOCUMENT 00500 —AGREEMENT (continued) This Agreement will be effective on Effective Date of the Agreement. ARCO EXCAVATION & PAVING, INC. I0 (SEAL) Attest Address for giving notices (If Arco Excavation & Paving, Inc. is a corporation, attach evidence of authority to sign.) 20—, which is the CITY OF FAYETTEVILLE By: Lioneld Jordan Title: Mayor (SEAL) Attest Address for giving notices END OF DOCUMENT 00500 00500 Agreement 00500- 10 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM No. 1 ITEM SP-1 LEED REQUIREMENTS 6�11u1u1�.a'1 SP-1-1.1 This project is intended to assist the owner in achieving a minimum Silver rating for Leadership in Energy and Environmental Design, LEED M rating from the U.S. Green Building Council. The Contractor will be responsible for documenting all recycled and/or reused waste materials. STANDARDS SP-1-2.1 LEED TM NC Reference Guide Version 3.0 — U.S. Green Building Council (USCBC), www.usgbc.ora. SP-1-2.2 This project shall be constructed in accordance with LEEDTM Silver certified by the GBCI. SP-1-2.3 Environmental Laws: All project work must comply with all applicable federal, state, and local building -related environmental laws and regulations in place where the project is located. REQUIREMENTS SP-1-3.1 The contractor shall be responsible for the following: 1. LEEDTM credit to be pursued for Materials and Resources for New Construction (NC): a. Construction Waste Management (MR credit 2): Minimum of 75% with a target amount of 95% of nonhazardous construction waste or debris to be recycled or salvaged. 2. The contractor shall have experience providing LEEDTM documentation on previous projects and be fully informed and knowledgeable regarding LEEDTM documentation rationale and requirements. EXECUTION SP-14.1 Waste Management Plan: Perform a waste analysis to determine the types and quantity of construction waste anticipated and identify salvage for resale, salvage for reuse, recycling, and disposal options available. SP-1-4.2 Waste Management Implementation: Implement and maintain, for the duration of the project, the construction waste management program including the following: I. Manager: Designate an on -site party (or parties) responsible for instructing workers and overseeing and documenting results of the Waste Management Plan for the Project. 2. Instructions: Provide on -site instruction of appropriate separation, handling, and recycling, salvage, reuse and return methods to be used by all parties at the appropriate stages of the Project. 3. Separation facilities: Layout and label a specific area to facilitate separation of materials for potential recycling, salvage, reuse and return. Provide a site map that calls out areas identified. Provide the necessary containers and bins, to facilitate the waste management program. Recycling and waste bin areas are to be kept neat and clean and clearly marked in order to avoid contamination of materials. Separate construction waste at the project site by one of the following methods: SPA LEED Requirements SP-1-1 Garver Project No. 13047050 Manufacturing Facility Slab Demolition a. Source Separated Method: Waste products and materials that are recyclable are separated from trash and sorted into appropriately marked separate containers and them transported to the respective recycling facility for further processing. Trash is transported to a landfill. b. Co -Mingled Method: Selected waste materials are placed into a single container and then transported to a recycling facility where the recyclable materials are sorted and processed and the remaining trash and waste materials are handled separately. SUBMITTALS SP-1-5.1 Contractor is responsible for understanding, tracking, preparing and submitting primary and/or supplemental LEEDTM documentation required to obtain LEED TM Credits noted to be submitted by Contractor. 1. Construction Waste Management Report: Follow the method for monitoring and documenting the LEED program provided, include the following: a. Amount (by weight) of trash disposed of in a landfill, the tip fee per ton, and the total cost of disposal including transportation costs, container rental costs, taxes, etc. b. Amount (by weight) and type of waste materials salvaged for sale, salvaged for reuse and recycled. Provide destination, means of transportation, the tip fee per ton and the total cost of disposal including transportation costs, container rental costs, taxes, etc for each material. c. Cost savings by waste material due to salvaging, reusing and recycling materials. Calculate the savings based upon the cost per ton for land filling compared to the cost per ton for salvaging, reusing and recycling materials. d. Totals for date including: trash generated by weight and percentage of total; waste materials generated by weight and percentage of total identified by salvaged for resale, salvaged for reuse, or recycled; cost savings; and percentage of disposal fees saved. Submit Credits using USGBC LEED-Online at https://www.leedonline.com. Contractor must register on website to access LEED-Online; Owner will provide the LEEDTM Project Access Number. Print out paper copies of each Credit's documentation entered or uploaded onto LEED-Online and submit a copy to Owner. END OF SECTION SP-I SP-1 LEED Requirements SP-1-2 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ITEM SP-2 PAVEMENT REMOVAL DESCRIPTION SP-2-1.1 This section covers all work required for the removal of existing pavement in accordance with the locations and details indicated in the Plans and complying with these Specifications. STANDARDS SP-2-2.1 All work, Materials, Construction, shall comply with Section 201 — Clearing, Grubbing, and Demolition of the City of Fayetteville Standard Specifications, except as modified or augmented herein. SP-2-2.2 LEED Requirements: The work of this section is part of the overall requirements to comply with a level of achievement of the "Leadership in Energy and Environmental Design" or LEEDTm Green Building Rating System. Comply with SP-1 LEED Requirements, EXECUTION SP-2-3.1 The Contractor shall remove existing pavement as follows: a. Verify existing pavement type and limits of removal. b. Sweep existing pavement surface of all objects, materials, and sediment. c. Foundation pavement removal area shall consist of the concrete footprint of the existing Tyson Complex, including the footings, loading docks or any permanent existing structures integral with the foundation. d. Foundation pavement removal shall consist of the removal of 30-inches below existing grade or as directed. e. Asphalt pavement removed shall be reused, recycled, or disposed. Removal shall be in accordance with Section 516 - Cold Milling Asphalt Pavement of the City of Fayetteville Standard Specifications. All other methods of asphalt pavement removal shall be approved by the Engineer. f Concrete pavement removal, excluding foundation pavement removal, and asphalt pavement removal shall consist of removing the surface pavement. The subgrade and aggregate subbase will not be considered as part of the removal, unless otherwise directed. g. The Contractor shall place the removed pavement to a designated area on -site, to be detennined by the owner or engineer, to be reused, recycled or potentially disposed of in accordance with SP-1 LEED Requirements. METHOD OF MEASUREMENT SP-2-4.1 Existing pavement removal will not be measured and the plan quantities will be considered the final quantities for purposes of final payment. The plan quantities are estimates and may vary throughout the site. The contractor shall coordinate with the engineer to document areas of additional pavement removal and the revised quantity shall be agreed upon prior to beginning any work associated with the change. SP-2 Pavement Removal SP-2-1 Garver Project No. 13047050 Manufacturing Facility Slab Demolition BASIS OF PAYMENT SP-2-5.1 Work completed and accepted under this section and measured as provided above will be paid for at the Contract Unit Price bid for the type of existing pavement to be removed which price shall be full compensation for removing, storing, disposing, and documenting for LEED certification for the items and for all materials, equipment, tools, labor and incidentals necessary to complete the work. Payment will be made under: Item SP-2-5.1 Existing Concrete Pavement Removal Per Square Yard (S.Y.) (Plan Quantity) Item SP-2-5.2 Existing Asphalt Pavement Removal Per Square Yard (S.Y.) (Plan Quantity) .Item SP-2-5.3 Existing Foundation Pavement Removal Per Square Yard (S.Y.) (Plan Quantity) END OF SECTION SP-2 SP-2 Pavement Removal SP-2-2 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ITEM SR3 RUBBLIZING CONCRETE DESCRIPTION SP-3-1.1 This section covers all work required for rubblizing portland cement concrete from the existing Tyson Complex parking lot, building foundation, building masonry stockpiled by others on -site, and the separation of reinforcing metal and other non-grindable materials to be reused, recycled, or disposed of as indicated on the plans or as directed by the engineer. "&'10 7tl 1�92 SP-3-2.1 All work, Materials, construction, shall comply with Section 513 - Rubblizing Portland Cement Concrete Pavement of Arkansas State Highway and Transportation Department (AHTD) Standard Specifications for Highway Construction, except as modified or augmented herein. Additional methods such as Multi -Head Breaker and portable concrete crushers will be permitted for use upon approval by the engineer. SP-3-2.2 LEED Requirements: The work of this section is part of the overall requirements to comply with a level of achievement of the "Leadership in Energy and Environmental Design" or LEEDTm Green Building Rating System. Comply with SP-I LEED Certification. MATERIALS SP-3-3.1 Recycled concrete aggregate shall consist of Portland cement concrete or other concrete containing pozzolanic binder material and cementitious building masonry. The rubblized concrete material shall be free of reinforcing steel and expansion material. Asphalt concrete overlays shall be removed from the PCC surface prior to pavement removal and crushing. An incidental amount of recycled asphalt concrete ,pavement and other foreign material may be present in the recycled concrete aggregate. SP-3-3.2 Gradation: The gradation of the rubblized concrete shall fall within the design range indicated in Table 1, when tested in accordance with ASTM C 117 and C 136. The final gradation shall be continuously graded from coarse to fine and shall not vary from the low limit on one sieve to the high limit on an adjacent sieve or vice versa. Table 1. Requirements for gradation of recycled concrete aggregate. Sieve Size Percentage by Weight Passing Sieves Mix Tolerances Percent T — 2 in 50-S-mm ---I 00 1-1/2 37.5 mm 95 - 100 +/- 5 1 in 25.0 mm 70 - 95 +/- 8 3/4 in 19.0 mm 55 - 85 +/- 8 No.4 4.75 mm 30 - 60 +/- 8 No. 30 0.60 min 12 - 30 +/- 5 No. 200 0.075 mm 0-5 +/- 3 SP-3 Rubblizing Concrete SP-3-1 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM NO. 1 REQUIREMENTS SP-34.1 Verify the removed portland cement concrete and existing residual stock piled building masonry to be rubblized with Engineer before proceeding with work. SP-34.2 Existing reinforcing metal and other non-grindable materials shall be separated and stored on -site in a designated area, to be determined. The Contractor shall reuse and recycle or dispose of materials in accordance with SP-i LEED Requirements. SP-3-4.3 Coordinate compaction of rubblized concrete with the engineer. SP-3-4.4 The contractor shall maintain control of dust at all times. In the event that watering does not satisfactorily control the dust, other methods of dust control will be required. CONSTRUCTION METHOD SP-3-5.1 Subgrade Preparation: Verify the underlying course with the engineer before the placing and spreading of rubblized concrete operations have started,such as improper drainage conditions, rutting, etc. Subgrade Preparation shall be in accordance with Section 203 of the City of Fayetteville Standard Specifications. SP-3-5.2 The rubblized concrete shall be placed uniformly where indicated or as directed by the engineer. Maximum depths shall be 6 inches for compacted areas. For depths greater than 6 inches, it shall be constructed in two or more layers. SP-3-5.3 The rubblized concrete shall be used to restore the site within 4 inches of existing grades in areas outside the limits of the Kum & Go development. In areas inside the Kum & Go development, the rubblized concrete shall be used to restore the site to existing grades or as directed by the engineer. SP-3-5.4 Reinforcing metal shall be separated and stored in a designated area, to be determined by the owner or engineer, to be reused, recycled, or disposed of in accordance with SP-1 LEED Requirements. All other materials not applicable for LEED credits shall be disposed of in accordance with local, state, and federal laws. METHOD OF MEASUREMENT SP-3-6.1 Completed and accepted rubblizing concrete shall be measured as a complete unit and will be paid for at the lump sum price bid. Metal and other non-grindable materials separated from portland concrete shall be considered subsidiary to Rubblizing Concrete. Rubblizing masonry and -------------------cementitious-materials-salva ed-from the-existingT sort-buildi-n corn lexdeemed suitable -for -reuse - the engineer shall be considered subsidiary to Rubblizing Concrete. BASIS OF PAYMENT SP-3-7.1 Work completed and accepted under this section and measured as provided above will be paid for at the Contract Unit Price bid for rubblizing concrete and for preparing and placing these materials which price shall be full compensation for all materials, equipment, tools, labor and incidentals necessary to complete the work. SP-3 Rubblizing Concrete SP-3-2 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM NO. Payment will be made under: Item SP-3-5.1 Rubblizing Concrete Per Lump Sum (L.S.) END OF SECTION SP-3 SP-3 Rubblizing Concrete SP-3-3 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM NO. 1 ITEM SP-4 TEMPORARY EROSION CONTROL DETAILS DESCRIPTION SP-4-1.1 This section covers the temporary erosion control details and shall be considered supplementary to Section 509 — EROSION CONTROL of the City of Fayetteville Standard Specifications for Street and Drainage Construction. A copy of these details may be obtained from the City of Fayetteville or from http://www.accessfayettevillg.org. STANDARDS SP-4-2.1 City of Fayetteville Standard Specifications for Street and Drainage Construction, latest edition. EXECUTION SP-4-3.1 Temporary Erosion Control Plan: See plans for locations, notes, and additional information regarding temporary erosion control devices. SP-4-32 Temporary Erosion Control Details included as part of SP-4: • WATTLE DETAIL SILT FENCE • BLOCK AND AGGREGATE INLET SEDIMENT DEVISE • ROCK CHECK DAM 43,041 1396y01_I1:COME-1a1 SP-4 Temporary Erosion Control Details SP-4-1 Garver Project No. 13047050 Manufacturing Facility Slab Demolition T`x 1" WOOD STAKES -CENTERED 18"-24" -TRENCH IN ADJACENT ROLLS SHALL TIGHTLY ABUT INSTALLATION NOTES 1. WATTLES SHALL CONSIST OF STRAW, COMPOST, EXCELSIOR, OR COCONUT FIBER, 2. NOT FOR USE IN CONCENTRATED FLOW AREAS. 3. THE WATTLES SHALL BE TRENCHED INTO THE GROUND A MINIMUM OF TWO (2) INCHES. 4. WATTLES SHALL BE INSTALLED PER MANUFACTURERS SPECIFICATIONS. 5, ON SLOPES, WATTLES SHOULD BE INSTALLED ON CONTOUR WITH A SLIGHT UPWARD CURVE AT THE END OF THE ROW IN ORDER TO CREATE PONDING, 6, RUNNING LENGTHS OF WATTLES SHOULD BE ABUTTED FIRMLY TO ENSURE NO LEAKAGE AT THE ABUTMENTS. 7. WHEN INSTALLING RUNNING LENGTHS OF WATTLES, BUTT THE SECOND WATTLE TIGHTLY AGAINST THE FIRST, DO NOT OVERLAP THE ENDS. STAKE THE WATTLES AT EACH END AND FOUR FOOT ON CENTER, 8. STAKES SHOULD BE DRIVEN THROUGH THE MIDDLE OF THE WATTLE, LEAVING 2 - 3 INCHES OF THE STAKE PROTRUDING ABOVE THE WATTLE. WHEN INSTALLING WATTLES ON SLOPES, DRIVE THE STAKES PERPENDICULAR TO THE SLOPE. 9 . DRIVE THE FIRST END STAKE OF THE SECOND WATTLE AT AN ANGLE TOWARD THE FIRST WATTLE IN ORDER TO HELP ABUT THEM TIGHTLY TOGETHER. 10. STAKING: THE CITY RECOMMENDS USING WOOD STAKES TO SECURE THE WATTLES. 1I2" TO 518" REBAR IS ALSO ACCEPTABLE WITH A SAFETY CAP., BE SURE TO USE A STAKE THAT IS LONG ENOUGH TO PROTRUDE SEVERAL INCHES ABOVE THE WATTLE. 11. THE CONTRACTOR SHALL INSPECT WATTLES EVERY TWO WEEKS AND AFTER ANY SIGNIFICANT STORM EVENT AND MAKE REPAIRS OR REMOVE SEDIMENT ACCUMULATED BEHIND WATTLE AS NECESSARY. 12. SEDIMENT ACCUMULATED BEHIND WATTLE SHALL BE REMOVED WHEN THE SEDIMENT HAS ACCUMULATED TO ONE HALF THE DIAMETER OF THE WATTLE, 13. WATTLES SHALL REMAIN IN PLACE UNTIL THE UPSTREAM DISTURBED AREA IS STABILIZED AND IS ACCEPTED BY THE CITY. ENGINEERING DIVISION 113 W. MOUNTAIN STREET WATTLE DETAIL N.T.S. EROSION CONTROL DETAILS WATTLE 04 FILE: oe�-want.nwn - EC4 SILT FENCE NOTES: 1. POSTS WHICH SUPPORT THE SILT FENCE SHALL BE INSTALLED ON A SLIGHT ANGLE TOWARD THE ANTICIPATED RUNOFF SOURCE. POST MUST BE EMBEDDED A MINIMUM OF ONE FOOT, 2. THE TOE OF THE SILT FENCE SHALL BE TRENCHED IN WITH A SPADE OR MECHANICAL TRENCHER, SO THAT THE DOWNSLOPE FACE OF THE TRENCH IS FLAT AND PERPENDICULAR TO THE LINE OF FLOW. HERE FENCE CANNOT BE TRENCHED IN (e.g. PAVEMENT), WEIGHT FABRIC FLAP WITH ROCK ON UPHILL SIDE TO PREVENT FLOW FROM SEEPING UNDER FENCE. 3, THE TRENCH MUST BE A MINIMUM OF 6 INCHES DEEP AND 6 INCHES WIDE TO ALLOW FOR THE SILT FENCE FABRIC TO BE LAID IN THE GROUND AND BACKFILLED WITH COMPACTED MATERIAL, 4, SILT FENCE SHOULD BE SECURELY FASTENED TO EACH SUPPORT POST OR TO WOVEN WIRE, WHICH IN TURN IS ATTACHED TO THE FENCE POST, THERE SHALL BE A 3 FOOT OVERLAP, SECURELY FASTENED WHERE ENDS OF FABRIC MEET. 5, REPAIR OR REPLACEMENT SHALL BE MADE PROMPTLY AS NEEDED. 6. SILT FENCE SHALL BE REMOVED WHEN THE SITE IS COMPLETELY STABILIZED SO AS NOT TO BLOCK OR IMPEDE STORM FLOW OR DRAINAGE. 7. ACCUMULATED SILT SHALL BE REMOVED WHEN IT REACHES A DEPTH OF HALF THE HEIGHT OF THE FENCE, THE SILT SHALL BE DISPOSED OF AT AN APPROVED SITE AND IN SUCH A MANNER AS TO NOT CONTRIBUTE TO ADDITIONAL SILTATION. ENGINEERING DIVISION 113 W. MOUNTAIN STREET 4 .n5n Yaa SILT FENCE N.T.S. EROSION CONTROL DETAILS SILT FENCE CQI F3L,E- iC6-SIIk Faws.Mw ---- EC6 WIRE SCREEN CONCRETE BLOCKS SEE N I OTE 2 RUNOFF M -'C FILTERED W* WATER c � \ AGGREGATE 11>///�) ///i I I INLET SECTION WIRE SCREEN /--- CONCRETE BLOCKS GRATED INLET ID ID 10 cl, t. 1:1 0 M 0 C, 17) 0 F, 4D D C, 0; 0 0 0 0 ID 0 7777 0 cia ID 1 CEO PLAN AGGREGATE BLOCK AND AGGREGATE INLET SEDIMENT DEVISE jr ENGINEERING DIVISION 113 W. MOUNTAIN STREET PIIOIIL (471) FM -OM FAX PQ (4M) R*-e= TITLE EROSION CONTROL DETAILS DATE. iG-Y 2+.2011 SHEET: E C 7 RI IIESCPTION: BLOCK AND AGGREGATE INLET SEDIMENT DEVISE DRAWN BY: AS [CHECKED B'(,.CM L07-0" aM ftr"Wd ImW Seam it Dww"" r ` STONE RIP RAP 2 TTo 15 -%wY� = I- A LENGTH = POINT A SAME ELEVATION AS POINT B B = I-_ Dlrcy SECTION B—B —If PROFILE GRADE 1r--2-- PICTURE EXIST. GROUND = SECTION B—B MATCHEXISTING ORAOE PROVIDE SEED AND MULCH ON GRADE fl STONE ALL DI87URDEDAREAS RIPRAP MATCH EXISTING DITCH BOTTOM STONE RIP Rl 2 TO Is* I SECTION A A w STONE RIP �Y L W B RAP W W O O 00� 00 AW O WA W w W w W W W W W W yy W IJ `yJll J Y W PLAN VIEW W ROCK CHECK DAM INSTALLATION: 1. EXCAVATE KEYWAY (IF REQUIRED) 2. A GEOTEXTILE FABRIC SHALL BE INSTALLED OVER THE SOIL SURFACE WHERE THE ROCK IS TO BE PLACED (IF REQUIRED) 3. ROCK DIAMETERS SHOULD BE 2" TO 15' IN DIAMETER 4. ROCK DITCH CHECKS SHOULD NOT EXCEED 3 FEET - -5-_STONES-SHOULUSE7PCA=-UFTHE-CAANNELBAWS TO - AROUND THE DITCH CHECK B. INSTALLATION SHALL BE PLACED EITHER BY HAND OR MECHANICALLY AND NOT JUST DUMPED TO ACHIEVE COMPLETE COVERAGE OF THE DITCH AND ENSURE THE CENTER OF THE DAMN IS LOWER THAN THE EDGES T. MAXIMUM SPACING BETWEEN MULTIPLE DAMS SHOULD BE SUCH THAT THE TOE OF THE UPSTREAM CHECK IS THE SAME AS THE TOP OF THE DOWNSTREAM CHECK INSPECTION: INSPECT ROCK DITCH CHECKS EVERY (7) CALENDAR DAYS AND WITH -IN 24 HOURS AFTER EACH RAINFALL EVENT THAT PRODUCES 112" PRECIPITATION, • SEDIMENT SHOULD BE REMOVED WHEN IT REACHES 112 THE ORIGINAL CHECK HEIGHT • IN THE CASE OF GRASS-L)NED DITCHES OR SWALES. ROCK DITCH CHECKS SHOULD BE REMOVED WHEN THE GRASS HAS MATURED SUFFICIENTLY TO PROTECT THE DITCH OR SWALE, IF THE SLOPE IS 4% OR LESS. • THE AREA BENEATH THE ROCK DITCH CHECKS SHOULD BE SEEDED AND MULCHED IMMEDIATELY AFTER THE CHECK DAM REMOVAL MILEDESCRIPTION: EROSION CONTROL DATE_' SHEET: DETAILS ENGINEERING DIVISION:, EA ED ____ .•.• . a 113 W. MOUNTAIN STREET ROCK CHECK DAM __— E C 8 PMm (ale) S7S-Bme LAX Noe (478) FM-agft DRAWN BY: JFS CHECKED BY.- DF71 FlLE: ECe—Rod& Che Dero.a.e ITEM SP-5 REMOVE, DISPOSE, AND RECYCLE EXISTING BUILDING DEBRIS DESCRIPTION SP-5-1.1 This section covers all work required to remove, dispose, and recycle existing on -site stockpiled building debris in accordance with the locations and details indicated in the Plans and complying with these Specifications. STANDARDS SP-5-2.1 All work, Materials, Construction, shall comply with Section 201 — Clearing, Grubbing, and Demolition of the City of Fayetteville Standard Specifications, except as modified or augmented herein. SP-5-2.2 LEED Requirements: The work of this section is part of the overall requirements to comply with a level of achievement of the "Leadership in Energy and Environmental Design" or LEED Green Building Rating System. Comply with SP-1 LEED Requirements, EXECUTION SP-5-3.1 The contractor shall be responsible for separating, sorting, storing, and determining what material within the stockpiled debris is necessary to be reused and recycled as part of obtaining LEED certification. All other material shall be disposed of in accordance with local, state, and federal laws. SP-5-3.2 The contractor shall utilize City of Fayetteville dumpsters for trash removal or shall haul material off -site in accordance with local, state, and federal laws. SP-5-3.3 The contractor shall haul all building debris not classified as trash and not necessary to be recycled to meet LEED requirements off -site in accordance with local, state, and federal laws. METHOD OF MEASUREMENT SP-54.1 Remove, dispose, and recycle existing building debris stockpiled on -site will not be measured and the plan quantities will be considered the final quantities for purposes of final payment. The plan quantities are estimates and may vary. The contractor shall coordinate with the engineer to document additional stockpiled material to be removed or disposed of and the revised quantity shall be agreed upon prior to beginning any work associated with the change. BASIS OF PAYMENT SP-5-5.I Work completed and accepted under this section and measured as provided above will be paid for at the Contract Unit Price bid to remove, dispose, and recycle existing building debris stockpiled on -site which price shall be full compensation for removing, storing, disposing, and documenting for LEED certification for the items and for all materials, equipment, tools, labor and incidentals necessary to complete the work. SP-5 Remove, Dispose, and Recycle Existing Building Debris SP-5-1 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM NO.3 Payment will be made under: Item SP-5-5.1 Remove, Dispose, and Recycle Existing Building Debris Per Cubic Yard (C.Y.) (Plan Quantity) END OF SECTION SP-5 SP-5 Remove, Dispose, and Recycle Existing Building Debris SP-5-2 Garver Project No. 13047050 Manufacturing Facility Slab Demolition ADDENDUM NO. 3 Granite Re, Inc. kle�s I a— l3 CONTRACTOR: Arco Excavation & Paving, Inc. OMINER: City of Fayetteville, AR CONTRACT: Date: 712/13 Amount: $434,945 Description. BOND: Bond#: Date: Amount: Performance Bond SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 l�{lll{lllllllllll{1{ltill{111111«{111111111{{�1111ti{llll{l�lll{llll{11111111111 Doc ID: 016294850007 TYPO Kind: PERFORMANCE BOND FeeoARec�ded- 6/1 /2 13age itofg73g,34 AM AR Kyle Sylvester County , ui 00 10 Kyle Sylvester�i!'c00�rk FileB0322 (0 Manufacturing Facility Slab Demolition (Former Tyson Complex) GRAR25434 7/2/13 $434,945 Modifications to this Bond Arco Name and 2. 3. GR0709-1 b PRINCIPAL ion & VNo Yes, see last page SURETY Granite Re, Inc. Inc. Signature: Name and ttle: Bill Eugene Bennett, Jr. Attorney -in -Fact The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conference; as provided in Subparagraph 3.1. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety, demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner releases the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of The Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. GRO709-16 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within one year after Contractor Default or within one year after the Contractor ceased working or within one year after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. to. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 13. Principal: The individual or entity named and listed under the section of this bond titled Contractor. The entity or individual named as Contractor is not assignable. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Signature: Name and Title: GR0709-16 Signature: Name and Title: Granite Re, Inc. Payment Bond CONTRACTOR: Arco Excavation & Paving, Inc. OWNER: City of Fayetteville, Arkansas CONSTRUCTION CONTRACT: Date: 7/2/13 Amount: $434,945 Description: SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 Manufacturing Facility Slab Demolition (Former Tyson Complex) Bond#: GRAR25434 Date: 7/2/13 Amount: $434,945 Modifications to this Bond: 10No CONTRACTOR AS PRINCIPAL Arco Ex6aNiatibn & Name and 2. GR0709-15 Yes, see last page SURETY Granite Re, Inc. A 9 Signature:4�;�Zf Name and Title: Billy Eugene Bennett, Jr. Attorney -in -Fact The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, Successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity whose labor, materials or equipment were furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. Within a reasonable period of time after the claimant has satisfied the conditions of Paragraph 4 and after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed and earned amounts. These amounts shall only be paid if previously certified by the Architect or Engineer and paid to Contractor by Owner. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as provided under this Bond. 6. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 7. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 8. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 9. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by Claimant or the last materials or equipment were furnished by Claimant under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. GR0709-15 11. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 12. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 13. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 14. DEFINITIONS 14.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone, service or rental equipment used in the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 14.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 15. Principal: The individual or entity named and listed under the section of the bond titled "Contractor". This individual or entity is not assignable. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Signature: Name and Title: GRO709-15 Signature: Name and Title: GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: PAT A. GIRARD; BILLY EUGENE BENNETT JR.; ADRIAN W. LUTTRELL, DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL; JACQUE L. LINDSEY its true and lawful Attorney -in -Facts) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the.said: PAT A. GIRARD; BILLY EUGENE BENNETT JR.; ADRIAN W. LUTTRELL; DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL; JACQUE L. LINDSEY may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 19" day of July, 2012. 4TE STATE OF OKLAHOMA ) SEA L SS: ... COUNTY OF OKLAHOMA ) Kenneth D. Whittington, President Kyle . McDonald, Treasurer - On this 19" day of July, 2012, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said Corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that theysigned their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company.. yy.Fx r._c'4P My Commission Expires: August 8, 2013 �.• Notak Public p Commission #: 01013257.V,,,' T GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc,, an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 2nd day of July , 20J3TES tyR -. SEA L Kyle P. McDonald, Secretary/Treasurer GR0800-1 CONTRACTOR: Arco Excavation & Paving, Inc. OWNER: City of Fayetteville, AR CONTRACT: Date: 7/2/13 Amount: $434,945 Granite Re, Inc. gad �3 3; Performance Bond SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 1111ti111�1�11111111111111111111111111111111ti111�111ti1111111111t11f11111ti11�11111 Doc ID: 015294850007 TYP Kind: PERFORMANCE BOND Recorded: 07/17/2013 at 09:35:34 AM washingto 4GountYapARi of 7 Kyle SYlvast2�00000010 I:ileB03 Description: Manufacturing Facility Slab Demolition (Former Tyson Complex) Bond#: GRAR25434 Date: 7/2/ 13 Amount : $434,945 Modifications to this Bond: WiNo ❑Yes, see last page CONTRALTO S PRINCIPAL SURETY Granite Re, Inc. Arco C' ion & in ,,Inc. Signature Signature: Name and Title: / /f r Name andTitle: �/. Bill Eugene Bennett, Jr. Attorney -in -Fact 2 3 GR0709-16 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conference; as provided in Subparagraph 3.1. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 91 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .I After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety, demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner releases the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of The Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. GR0709-16 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within one year after Contractor Default or within one year after the Contractor ceased working or within one year after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. H. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 13. Principal:The individual or entity named and listed under the section of this bond titled Contractor. The entity or individual named as Contractor is not assignable. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: GR0709-16 SURETY Company: Signature: Name and Title: Granite Re, Inc. Payment Bond CONTRACTOR: Arco Excavation & Paving, Inc. OWNER: City of Fayetteville, Arkansas CONSTRUCTION CONTRACT: Date: 7/2/13 Amount: $434,945 Description: 091093 SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 Manufacturing Facility Slab Demolition (Former Tyson Complex) Bond#: GRAR25434 Date: 7/2/13 Amount: $434,945 Modifications to this Bond: No ❑ Yes, see last page CONTRACTOR AS PRINCIPAL SURETY Granite Re, Inc. Arco E a at' n& Pa n, I c. Signature: ; . Signature: Name and itle: i11 Name and Title: Attorney -in -Fact The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, Successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity whose labor, materials or equipment were furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. GR0709-1 S 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .l Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of fumishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. Within a reasonable period of time after the claimant has satisfied the conditions of Paragraph 4 and after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed and earned amounts. These amounts shall only be paid if previously certified by the Architect or Engineer and paid to Contractor by Owner. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as provided under this Bond. 6. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 7. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 8. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 9. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by Claimant or the last materials or equipment were furnished by Claimant under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. GR0709-15 II. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 12. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 13. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 14. DEFINITIONS 14.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone, service or rental equipment used in the Construction Contract, 14.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 14.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 15. Principal: The individual or entity named and listed under the section of the bond titled "Contractor". This individual or entity is not assignable. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: GR0709-15 SURETY Company: Signature: Name and Title: GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: PAT A. GIRARD; BILLY EUGENE BENNETT JR.; ADRIAN W. LUTTRELL, DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL; JACQUE L. LINDSEY its true and lawful Attorney- in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: PAT A. GIRARD; BILLY EUGENE BENNETf JR.; ADRIAN W. LUTTRELL; DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL, JACQUE L. LINDSEY may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 19' day of July, 2012. ' Kenneth D. Whittingthn, President STATE OF OKLAHOMA ) s e A L COUNTY OF OKLAHOMA ) Kyle , McDonald, Treasurer On this 19' day of July, 2012, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. Y ti My Commission Expires: August 8, 2013 a Commission #- 01013257 f`"�►L'' KWVS-7-575 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 2nd_ day of July _ , 20]3__. 19 S E A L Kyle P!McDonald, Secretary/Treasurer GR08W-1