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Home My WebLink About259-13 RESOLUTIONRESOLUTION NO.259-13 A RESOLUTION AWARDING BID #13-56 AND APPROVING A CONTRACT WITH APAC-CENTRAL, INC. IN THE AMOUNT OF $4,587,250.02 FOR CONSTRUCTION OF VAN ASCHE DRIVE, APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY, AND APPROVING A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #13-56 and approves a contract with APAC-Central, Inc. in the amount of $4,587,250.02 for construction of Van Asche Drive and further approves a ten percent (10%) project contingency. 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 17t' day of December, 2013. APPROVED: ATTEST: By: Aki:I't & -Z&kX SONDRA E. SMITH, City Clerk/Treasurer 0%II11PPEAlg x• +�``�� ye tl\j1T°Y iJ a g EAYETTEV,L+ E:'' J 'ns9 71 City of Fayetteville Item Review Form Chris Brown Submitted By 2013-0193 Legistar File Number 12/17/2013 City Council Meeting Date -Agenda Item Only NIA for Non -Agenda Item Action Required: Engineering Department Approval of a contract with APAC-Central, Inc. in the amount of $4,587,250.02 for construction of Van Ache Drive and approval of a contingency of $458,725.00 (10%). The budget adjustment is to recognize interest earnings for 2006A Transportation Bonds in the amount of $1,717,347 and for the 2009 bond issue in the amount of $4733.00. There are three general ledger accounts listed in the comments section of this form. Does this item have a cost? Yes $5,045,975.00 Cost of this request various - see below Account Number '06035,2500 $13,570,786.00 Category or Project Budget $11,616,142.26 Funds Used to Date -$3,091,331.26 Project Number Remaining Balance Budgeted Item? C\Jp Budget Adjustment Attached? Y8S Previous Ordinance or Resolution # Original Contract Number: Comments: 4520.9520.5809.00 $1.717,346.00 4520.9540.5809.00 $1,425,157.00 4520.9555.5809.00 $1,444,747.00 2 Z — ?.mot -�t ]L-r-T3 454 Engineering Program or Project Name Development Services Program or Project Category Transportation Bonds Fund Name 11-27-13i,,C '35 RCVLD V20130812 L• aylate—ville ARKANSAS� CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Date: November 26, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Council Meeting of December 17, 2©13 Subject: A resolution to award a contract in the amount of $4,587,250.02 to APAC-Central, Inc. for the construction of the Van Asche Drive, Garland Ave. to Gregg Ave., approve a project contingency of $458,725.00 (10%), and approve a Budget Adjustment. PROPOSAL: On November 26th, the City received four (4) construction bids ranging from a low of $4,587,250.05 to a high of $5,106,668.93. APAC Central submitted the low bid which was approximately 25% below the Engineer's Estimate of $5,740,052.00. Engineering Staff recommend awarding this contract to APAC-Central, Inc. The contract time is 450 days (15 months) for substantial completion. RECOMMENDATION: Staff recommends City Council approval awarding a contract in the amount of $4,587,250.05 to APAC-Central, Inc.for the construction of Van Asche Drive, approval of a project contingency of $458,725.00 (10%), and approval the attached Budget Adjustment. BUDGET IMPACT: This project is funded by the Transportation Bond Program. The attached budget adjustment recognizes interest earning in the Transportation Bond Fund, and places these interest earnings into the Van Asche Project. Funding will be provided from: Transportation Bond 2006 Issue - $1,717,347.00 Transportation Bond 2009 Issue - $1,425,157.00 Transportation Bond 2013 Issue - $1,444,747.00 RESOLUTION NO. A RESOLUTION AWARDING BID 413-56 AND APPROVING A CONTRACT WITH APAC-CENTRAL, INC. IN THE AMOUNT OF $4,587,250.02 FOR CONSTRUCTION OF VAN ASCHE DRIVE, APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY, AND APPROVING A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #13-56 and approves a contract with APAC-Central, Inc. in the amount of $4,587,250.02 for construction of Van Asche Drive and further approves a ten percent (10%) project contingency. 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 17th day of December, 2013. APPROVED: LIONELD JORDAN, Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer VAN MCHE DR. � KMI GARLAND AVE. TO GREGG AVE. owR - F,ex9a VAN AKkE DR. tar 1y Zola 1 8Npi Oa1eH ]D± ]': IYf.lti OT7 NilMSI- aP/Ery➢aa]p .. AY1GCaYnl; $.'� S'. . lna'[Nan •7] cmw- Ca]ISI9ucion,`N.eNM1C9ngneeSaa 930 M1�cal $ $ 16Ap7,pp $ 13.O .75 $ 73pp525 a5 ]O3 a•nwp l.iNflbna 5 1SmoAp 9 57➢1. 5'.. P57.93 5 1 1Sm $ 1 7yem $ 1➢.SLOAO $ lg„5pp.pp $ 16 ]a7 6'pe9l1N➢ua 5 6Amho R9S9 5 S l_37�m.�o...,:,,, R¢r 5 } op s ®r.x9'9...v.a]am5]Rom5 u.1mAvp ei -1 $ Lxmm 5' 3 .11 ll $ 1,7"m S I.M..Do 5 m Y 1.a w eae AieRq wnlSen Ry�lai S ]spmg9 $' :bSB].156�5.$ iJiTlll9 4 S ➢.m 5 Gm19 b W� 6•panrlNx 3num I06 SY 5 Smam S'::A]M9 ./.S�Ap S as,m 5 emw Y eRlp S L9ZGoo i Ircc r�e� xRo SYR1 5 7.5p S 9.Eaa.m ..7AE. 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Lautiea dNa"Our_ ASx0.96�0.5909.00 aszo-,ss40.sso-ao-u 4W.MO.89Oe,00 xx iead AppW ti 3429 u�' eot tl OOM.2600 06098.2500 000X2500 Purchasing Manager: ITU"dger S4,strr 2 DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: Van Asche Drive — Garland Ave. to Gregg Ave. Contract No.: 13-56. Construction THIS AGREEMENT is dated as of the day of >ftm&X in the year 2013 by and between The City of Fayetteville, Arkansas and A9fit(hereinafter called Contractor). ARTICLE I - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The construction of approximately 5300 LF of Van Asche Drive between Garland Ave. and Gregg Ave. including the associated earthwork, curb and gutter, sidewalk, trail, drainage, driveways, fencing, retaining walls, 12" waterline, 8" sanitary sewer, manholes, services and miscellaneous related items. The Contract includes work in AHTD Right-of-way , City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400-Bid Form for quantities: ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 00500 Agreement 00500-1 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 be Substantially Completed within 450 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within 480 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Seven 00500 Agreement 00500-2 DOCUMENT 00.500 —AGREEMENT (continued) 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 CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal (BID FORM) which is hereto 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. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price 00500 Agreement 00500 - 3 DOCUMENT 00500 —AGREEMENT (continued) 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. 90% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 2. Upon Substantial Completion, The City of Fayetteville shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. 00500 Agreement 00500-4 DOCUMENT 00500 —AGREEMENT (continued) 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, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents, B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated 00500 Agreement 00500-5 DOCUMENT 00500 —AGREEMENT (continued) in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. R Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. 00500 Agreement 00500-6 DOCUMENT 00500 —AGREEMENT (continued) J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: Van Asche Drive — Garland Ave. to Greff Ave. 8. Addenda numbers_, inclusive. 00500 Agreement 00500-7 DOCUMENT 00500 —'AGREEMENT (continued) 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. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 00500 Agreement 00500-8 DOCUMENT 00500 —AGREEMENT (continued) 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-44-501 through 508) prohibits the fling of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. 00500 Agreement 00500-9 DOCUMENT 00500 —AGREEMENT (continued) IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf. This Agreement will be effective on t fU R , 20B which is the Effective Date of the Agreement. CONTRACTORA&- 'C�71�&C "t-t CITY F FAYE1�TTEVILLE . tkY At ZZ1o3I I i Z By: - By: Li nel ordan Title: VP (SEAL) Title: Mayor (SEAL) Attest �`�"� Attest 4nd441- R 00500 Agreement 00500 - 10 DOCUMENT 00500 — AGREEMENT (continued) Address for giving notices f�,, Address for giving notices l � ! /�l KU 113 W. Mountain St. ?07o3 License No. Out 84-o 1-1 T Agent for Service of process l Q LST�T� Fayetteville, AR 72701 (attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) (If Contractor is a corporation, Approved As to Form: attach evidence of authority to sign.) By: Attorney For: C-0yr�-�tu END OF DOCUMENT 00500 00500 Agreement 00500 - 11 ACTION IN LIEU OF MEETINE, OF THE DIRECTORS OF APAC-CENTRAL, INC. Effective Date: June 1, 2413 The undersigned, being all of the members of the Board of Directors (each individually, a "!Director" and collectively, the `Directors) of APAC-Central, Inc., a Delaware corporation (the "Corporation"), do hereby, pursuant to § 14 1 M of the Delaware Genera} Corporation Law, give this written consent (a) to the dispensation of an.annual meeting of the Board of Directors of the Corporation, and (b) to the taking of the following actions, such actions to have the same force and effect had a meeting been duly called and held: L ELECTION OF OFFICERS RESOLVED, that effective June 1, 2013 all previous elections of officers are terminated, and the following persons be, and hereby are, elected to serve as officers of the Corporation (each individually, an "Officer" and collectively, the L°�cers") in the capacities set forth opposite their respective names until such time as their successors shall be elected and qualified: Bryan C. Kalbfieisch Lee S. DuChanois Park E. Estes David L. Foster Kristopher P. McClanahan Murry E. Cline William B. Miller Charles Brown Brian R. Watson Rusty S. Bunn Christopher L. Sanders President Vice President /Secretary Vice President/Assistant Secretary Vice President/Assistant Secretary Vice President/Assistant Secretary Vice President/Assistant Secretary Admn. Vice President/Assistant Secretary Treasurer/Assistant Secretary Vice President — Finance Assistant Secretary/Assistant Treasurer Assistant Secretary FURTHER RESOLVED, that the Officers be, and each of them hereby is, authorized to execute and deliver agreements, contracts, documents, certificates, and other instruments, under the seal of the Corporation if required, for the purpose of conducting the Corporations business, including without limitation, selling products and securing construction work, and to take such other action, as they may deem necessary, advisable, convenient, or appropriate to carry out and fully perform duties incident to the office or offices so appointed, and such other duties as may be prescribed by the Board of Directors from time to time; FURTHER RESOLVED, that the following persons are hereby designated Officers solely for the purpose of attesting signatures of other Officers signing on behalf of the Corporation, and for executing and attesting various corporate documents, tax returns, affidavits, and similar such instruments as may be necessary from time to time: Michael G. O'Driscoll Gary P. Hickman Michael F. Deaton Assistant Secretary Assistant Secretary Assistant Secretary M. Craig Hall Assistant Secretary David M. Toolan Assistant Secretary Gregory W. White Assistant Secretary II, APPOINTMENT OF AUTHORIZED EMPLOYEES RESOLVED, that effective June 1, 2013 all previous appointments of authorized employees are terminated, and that the .following persons be and each of them hereby is appointed to serve as an authorized employee of the Corporation (each individually, an "Aulhorized E'nrloyyee" and collectively, the 1Authorized Employees'), which persons shall be authorized to execute and deliver such agreements, contracts, documents, certificates and other instruments, under the seal of the Corporation if required, for the purpose of conducting the Corporation's business including, without limitation, selling products and securing construction work: Dallas E. Arnold Michael J. Dugan Robert L. Bryant Michael E. Emmons Ted B. Craft III. AUTHORIZATION OF TRADE NAMES RESOLVED, that the activities and operations of the Corporation may be carried on in any of the following manners or styles as may from time -to -time be deemed necessary or appropriate: Arkhola Saud & Gravel Co. McClinton -Anchor Co. APAC-Central, Inc. IV. MISCELLANEOUS FURTHER RESOLVED, that all actions previously taken by any Officer or Authorized Employee of the Corporation appointed hereunder in his/her capacity as such Officer or Authorized Employee be, and each of them hereby is, adopted, ratified, confirmed and approved in all respects as the authorized acts and deeds of the Corporation; FURTHER RESOLVED, that this resolution may be executed in multiple counterparts that together shall constitute a complete and duly executed original, and that a facsimile or other copy of this resolution shall be legal and binding the same as an executed original hereof; and FURTHER RESOLVED, that this Consent, following execution by each of the Directors, be filed in appropriate order in the minute book of the Corporation. [signatures on following page] IN WITNESS WHEREOF, the undersigned constituting all of the Directors of'the Corporation have hereunto set their Bands this clay ofAugust, 2013,-affec ive as.of the date first scat forth above. J tJl{1�t3 r Parson 1 Roberta All � Christopher'B, Lodge IN WITNESS VVMREOF, the undersigned constituting, all of the Directors .of the Corporation have hereunto set the.ifliands this day of August, 2013, effective,.as of the date first set forth above. John W. Parson 111171 Robert iC. Randoiph Christopher B.,Lodge Please accept this confirmation of coverage for the following lines of business: Type of Coverage Policy Number Policy Period Company Name NAIL # Owners and Contractors FF2-6 1/1/2014-Liberty Mutua! FireProtective14 1/1/2015 insurance Co Please review the policyholder details included with this confirmation. If you have any questions, call or email me, the underwriter or your Account Executive: Kurt Blickle, Natalie O'Brien, Account Manager ' Underwriting Technical Specialist - CM (610)664-6380 ext. 5549 (617)654-4096 Robert D. Anderson, Underwriter t (857)224-6764 Robert.Anderson libert mutual.com OCP Policyholder Detail: Contractor Policyholder Name Limits of Liability Name $2,000.000 Occurrence APAC-Central, 755 E Millsap Rd City of Fayetteville Inc $2,000,000 Aggregate Fayetteville, AR 72703 Address Contract Number & Location Garland Ave. to Gregg Ave., Fayetteville, AR 72740 Certificate of Insurance !TEAS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE LISTED ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMITILIMITS NOT LISTED BELOW. This is to Certify that I APAC-Central, Inc PO Box 9208 NAME AND Fayetteville AR 72703 Leib ADDRESS 10� INSURANCE mute � OF INSURED is, at the issue date of this certificate, insured by the Company underthe policy(ies) listed -bellow. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and Conditions and is not altered by anv re°uirement, term or condition of any contract or other document with respect to which this certificate may be issued. TYPE OF POLICY EXP DATE ❑ CONTINUOUS ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY POLICY TERM WORKERS COMPENSATION 9/1/2014 WA7-C8D-004095-023 WC7-C81-004095-013 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWMG STATES: ALL EXCLUDING ONOPOL STATES MONOPOLISTICAND EMPLOYERS LIABILITY Bodily In' by Accident 1 000 O Q A ddmt Bodily Injury By Disease 1 000 000 WI Bodily Nury ByDisease 1 OQQ 000 COMMERCIAL GENERAL LIABILITY 9/1/2014 TB2-C81-004095-113 General Aggregate $4,000,000 Products I Completed Operations Aggregate $4,000,000 OCCURRENCE ❑ CLAIMS MADE Each Occurrence 12,000,000 Personal & Advertising Injury $2 000,000 PerPersanlOrganization RETRO DATE Other 10ther PER PROJECT AGGREGATE I Medical E - FIRE DAMAGE $100,000 AUTOMOBILE LIABILITY 9/1 /2014 AS2-C81-004095-123 Eaeh ccident Single Limit $2 OQO 000 B.I. AAnd P.D. Combined OWNED Each Person Each Accident or Occurrence NON -OWNED HIRED Each Accident or Occurrence OTHER EVIDENCE OF COVERAGE Auto: Comp Ded $10,0001Coll Ded $10,000 ADDITIONAL COMMENTS Re: Van Ashe Drive. The owner, Engineer and the Engineer's consultants are listed as addtional insured with respects to the auto and general liability polices with a waiver of subrogation in their favor on the auto, general liability and worker's compenstation polices. All insurance is primary and non- contributory If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS ANUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE TILE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION 14AS BEEN MAILED TO: Liberty Mutual Insurance Group � .��, 41��} City of Fayetteville Stan Esposito s °, 113 W Mountain St. Pittsburgh 10387 AUTHORiZEDREPRESENTATIVE �r Fayetteville, AR 72701 12 Federal Street, Ste. 310 Pittsburgh PA 15212-5706 412-231-1331 1/3114 1 OFFICE PHONE DATEISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07-10 L.DI COI 268896 02 11 DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: Van Asche Drive — Garland Ave. to Gregg Ave. Contract No.: 13-56, Construction THIS AGREEMENT is dated as of the II day of in the year 2013 by and between The City of Fayetteville, Arkansas and (hereinafter called Contractor). ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The construction of approximately 5300 LF of Van Asche Drive between Garland Ave. and Gregg Ave. including the associated earthwork, curb and gutter, sidewalk, trail, drainage, driveways, fencing, retaining walls, 12" waterline, S" sanitary sewer, manholes, services and miscellaneous related items. The Contract includes work in AHTD Right-of-way , City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400-Bid Form for quantities: ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 00500 Agreement 00500-1 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 be Substantially Completed within 450 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within 480 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Seven 00500 Agreement 00500-2 DOCUMENT 00500 —AGREEMENT (continued) 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 CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal (BID FORM) which is hereto 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. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price 00500 Agreement 00500-3 DOCUMENT 00500 -AGREEMENT (continued) 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. 90% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 2. Upon Substantial Completion, The City of Fayetteville shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), Iess such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. 00500 Agreement 00500-4 DOCUMENT 00500 -AGREEMENT (continued) 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, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated 00500 Agreement 00500-5 DOCUMENT 00500 —AGREEMENT (continued) in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 1. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. 00500 Agreement 00500-6 DOCUMENT 00500 —AGREEMENT (continued) J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as Iisted in the table of contents thereof, with each sheet bearing the following general title: Van Asche Drive — Garland Ave. to Greff Ave. 8. Addenda numbers inclusive. 00500 Agreement 00500-7 DOCUMENT 00500 -AGREEMENT (continued) 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. ARTICLE S - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 00500 Agreement 00500-8 DOCUMENT 00500 -AGREEMENT (continued) 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. 00500 Agreement 00500-9 DOCUMENT 00500 -AGREEMENT (continued) IN WITNESS' WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf This Agreement will be effective on Effective Date of the Agreement. CONTRACTOR:APAC-Central, Inc, 755 E.-Mllsap Rd Fayetteville, AR 72703 By: Title: (SEAL) Attest 00500 Agreement 00500 - 10 20_, which is the CITY OF FAYETTEVILLE By: Lioneld Jordan Title: Mayor Attest (SEAL) DOCUMENT 00500 -AGREEMENT (continued) Address for giving notices License No. Agent for Service of process (If Contractor is a corporation, attach evidence of authority to sign.) Address for giving notices 113 W. Mountain St. Fayetteville, AR 72701 (attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) Approved As to Form: By: Attorney For: END OF DOCUMENT 00500 00500 Agreement 00500 - 11 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Name, legal status and address) APAC - CENTRAL, INC. 755 E. MILLSAP ROAD FAYETTEVILLE, AR 72703 OWNER: (Name, legal status and address) CITY OF FAYETTEVILLE 113 W. MOUNTAIN ST. FAYETTEVILLE, AR 72701 CONSTRUCTION CONTRACT Date: Amount: $ 4,587,260.02 Bond Number: SUR7403188 SURETY: (Name, legal status and principal place of business) XL Specialty Insurance Company Seaview House, 70 Seaview Ave. Stamford, CT 06902-6040 Description: (Name and location) VAN ASCHE DRIVE - GARLAND AVE. TO GREGG AVE. BOND Date: (Not earlier than Construction Contract Date) Amount: $ 4,587,250.02 Modifications to this Bond: F—X-� None 0 See Sections 16 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. l l llllll llll l l 111 Illl l I1Ill {Illl lll� Illll lull lull lull Illll Illil Illll I Ill ll 11 Doc ID: 015552240010 Type: LIE Kind: PERFORMANCE BOND Recorded: 01/09/2014 at 11,10:51 AM Fee Amt: $60.00 Page 1 of 10 Washington County. AR Kyle Sylvester Circuit Clerk FileB432-00000312 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) APAC - CE INC. XL Specialty Insurance Company Signature: azure: Name pAVIO C. �tiS�jZ_ And Title: V , A TinaSavis,_p_iTt _.. _. ct (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Marsh USA Risk & Insurance Services (Architect, Engineer or otherparty.) 15 West SouthTemple, Suite 700 Salt Lake City, UT 84101 801-533-3600 § 1 The Contractor and 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. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. 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; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section. 3, the Surety shall promptly and at the Surety's expense tape one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 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 a 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 Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 6.4 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, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven 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 Section 5.4, and the Owner refuses the payment 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. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, 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. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .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 Section 5; and .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. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 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, successors and assigns. § 10 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. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever 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. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 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. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 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. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 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. (Corporate Seat) Company: (Corporate Sea!) Signature: _ Name and Title: Address Signature: Name and Title: Address Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: (Name, legal status and address) APAC - CENTRAL, INC. 755 E. MILLSAP ROAD FAYETTEVILLE, AR 72703 OWNER: (Name, legal status and address) CITY OF FAYETTEVILLE 113 W. MOUNTAIN ST. FAYETTEVILLE, AR 72701 CONSTRUCTION CONTRACT Date: Amount; $ 4,587,250.02 Bond Number: SUR7403188 SURETY: (Name, legal status and principal place of business) XL Specialty Insurance Company Seaview House, 70 Seaview Ave. Stamford, CT 06902-6040 Mailing Address for Notices XL SURETY CLAIMS 300 LOMBARD ST., STE. 1470 BALTIMORE, MD 21202 Description: (Name and location) VAN ASCHE DRIVE - GARLAND AVE. TO GREGG AVE. BOND Date: (Not earlier than Construction Contract Date) Amount: $ 4,587,250.02 Modifications to this Bond: 0 None [—] See Section 18 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) APAC - C�E�, I XL Specialty Insurance Company Signature: S' re: Name �1VIfl L. �S'[E�i - ame _. _ . And Title: vP And Title TmaJDavis, Attorney -In -Fact (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY — Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Marsh USA Risk & Insurance Services (Architect, Engineer or other party.) 15 West SouthTempie, Suite 700 Salt Lake City, UT 84101 801-533-3600 § 1 The Contractor and 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, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 6 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 6.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter.to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 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 Surety under this bond, subject to the Owner's priority to use the funds for the completion of the work. § 10 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 the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 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. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone 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. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 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. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 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 Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of the 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, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 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: (Corporate Seal) Company: (Corporate Seal) Signature: _ Name and Title: Address Signature: Name and Title: Address Lindsey Plattner, Lisa Hall, Jessica Arnold, Tina Davis each its true and 7:, laWfUl;M6f6dW"-fact: toahake, exemilke, attest,I;bnd=deliV& fUr=and on its behalf.;_ suesff-adlMnBRIO-ed, where . .... ...... . - required, any and -all _bonds are unidrtffi dhg�kqn the natur&jhere� fbrAfie-penal=sum�of no one of whico MITED. -- ---- ... ... - - .. . .... .. ... Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) - in - Fact shall be binding upon each said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. The Power of Attorney is granted and is !jigned by facsimile under and by the autlyad.ty of the following Resolutions adopted by the Board of Directors of each of the Co_ rnpgqfq�i e Oth da ay 2013. — — ----- E—Ei: �-MSOLVED, that Gary- Ka an�Qaui Hewett . _William Mills, Greg nv= =Bo hfflir a hereby appointe". e�bardms authmized-to make, . ..... id-bri behalf 6 alF uW surety with others aM99 execute, seal and deWyerforarf the Company, an�W W56 ertalUngs, contracts or obligIrdils MUM/ or -co - that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest the execution of any such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seat of the Company. .. ...... . . .... SB-003--4--:- tM O CONNECTICUT COUNTY OF FAIRFIELD I, Toni Ann Perkins, Secretary of the XL SPECIALTY INSURANCE COMPANY and GREENWICH INSURANCE COMPANY a corporation of the State of Delaware, do hereby certify that the above and forgoing is a full, true and correct copy of Power of Attorney issued by said Company, and that I have compared same with the original and that it is a correct transcript there from and of the whole of the original and that the said Power of _ P�ttot still in full force - = - - _ -- %4 MN WHEREOF, I hake hereunto set rri -hhandland affixed the seat orsatd Corei ion. amity of Hartford, this , day of- ..- - -=. Arlo R SECRET -A& IN WITNESS WHEREOF, XL REINSURANCE AMERICA INC. has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 16th day of May, 2013. - �S REINSURANCE AMERICA-INC. SENIOR VICE PRESIDENT Attesl �,( !97170-000FF CONNECTICUT_— COUNTY OF FAIRFIELD AMC rl(14 A 4 - SECRETARY On this 16th day of May, 2013, before me personally came John P. Welch to me known, who, being duly sworn, did depose and say: that he is President & CEO of XL REINSURANCE AMERICA INC., described in which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the I, Toni Ann Perkins, Assistant Secretary of the XL REINSURANCE AMERICA INC. a corporation of the State of New York, do hereby certify that the person who executed this Power of Attorney, with the rights, respectively of XL REINSURANCE AMERICA INC., the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Corporation, and that I have compared same with the original Z W ME WHEREOF, I 11"her�u o s m andinid4fFxed the CeR qi a�aRPRity of Hartford, this =- THIS DOGU@IENT IS PRIN7�Q�7L#tGROUND - -SB-0034 - 3/11 - - Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. TIM CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED 'BELOW, POLICY LIMITS ARE NO LESS THAN THOSE LISTED ALTHOUGH POLICIES MAY INCLUDE ADDITIOViL SUBEwTILams NOT LISTED BELOW. This is to Certify that 1 APAC-Central, Inc Fa Box 9le ADDRENAMESS T � Mu�� Fayetteville 92 8 72703 L OF INSURED I I INSURANCE lis—at the issue date of this certificate, insured by the Company under the policy(ics) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, term or condition ofany contract or other document with respect to which this certificate may be issued. TYPE OF POLICY EXP DATE ©CONTINUOUS ExTENDED POLICY NUMBER LIMIT OF LLABILITY 0 POLICY TERM WORKERS COMPENSATION 9/112014 WA7-C8D-004095-023 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: OLSXSTES NYNOPITIIC AAND EMPLOYERS LIABILITY Bodily In' by AccidentWC7-C81-004095-013 000 000 Bodily Injury By Disease 1 000 000 `"`I Bodily Injury By Disease 1 d0 COMMERCIAL GENERAL LIABILITY 9/1/2014 T B2C81 --(}04095-113 GeneratAggregate $4,000,000 0 OCCURRENCE Froducts / Completed Operations Aggregate ❑ CLAIMS MADE $4 oofl oflo Each Occurrence 2 000 000 RETRO DATE Personat & Advertising injury $2,000,000 Per PersonlOrganizati°n Other PER PROJECT AGGREGATE I Medical Exo-$5.000 her FIRE DAMAGE $100,000 AUTOMOBILE LIABILITY 91112014 AS2-C81-004095-123 Each Accident —Single Limit $2 000 doff B.I. And P.D. Combined 0 OWNED EachPetson Each Accident or Occurrence 0 NON -OWNED 0 HIRED Each Accident or Occurrence OTHER Auto: Comp Ded $10,000/Coll Ded $10,000 EVIDENCE OF COVERAGE ADDMONAL COMMENTS Re: Van Ashe Drive. The owner, Engineer and the Engineer's consultants are listed as addtional insured with respects to the auto and general liability polices with a waiver of subrogation in their favor on the auto, general liability and worker's eompenstation polices. All insurances is primary and non- contributory * Ifthe certificate expiration date is continuous or extended term, you will be notified ifcoverage is terminated or reduced before the catificate expiration date. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS ANUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: Liberty Mutual Insurance Group F—City Fayetteville etteville Y Stan Esposito C a 113 W Mountain St. Pittsburgh 10387 AIJTHORIZEDREPRESENTATIVE a Fayetteville, AR 72701 12 Federal Street, Ste. 310 Pittsburgh PA 16212-5706 412-231-1331 113114 L OFFICE PHONE DATEISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07-I0 i.Dl COI 268896 0211 Tina Davis Marsh USA Risk & Insurance Services 15 West South Temple, Suite 700 Salt Lake City, LIT 84101 801 533 3624 Fax 801 533 3610 Tina . d avis Qm a rsh . co m www,marsh.com JANUARY 2, 2014 CITY OF FAYETTEVILLE 113 W. MOUNTAIN ST. FAYETTEVILLE, AR 72701 Subject: APAC — CENTRAL, INC. — BOND NO. SUR7403188 TO WHOM IT MAY CONCERN: We hereby give our authorization to date the above referenced Performance and Payment bonds for the City of Fayetteville — Van Asche Drive — Garland Ave. to Gregg Ave., and attached Power of Attorney to correspond with the date of the contract. Sincerely, avis Specialty Insurance Company MARSH & MCLENNAN LEADERSHIP, KNOWLEDGE, SOLUTIONS -WORLDWIDE, COMPANIES Lindsey Plattner, Lisa Hall, Jessica Arnold, Tina Davis ke, execute, deliver for on its behalfa each its true alifflav" Attorr*ftlh-ftqt toarna ute, alZi�l 4n6dblii i act and deed, where required, any a I b W 'bxceedUNLIMITED. bh nd7al & a0d.- -there for - enal=sum=of no one of whicW-1 .t&q— the nature-.----- P .. . ....... Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) - in - Fact shall be binding upon each said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. The Power of Attorney is granted and isrslgLned by facsimile under and by the-authontyof the following Resolutions adopted -bry-the.Board of Directors of each of the CompfffeszoAhe fZth da$Fbl�May 2013. RESOLVED, that Gary.Xa jarl-, jw�llfi m Mills, Gregor 61 d&,-vi&NjQ re hereby appointed�A�he=Qparchas authored to make, p a gwBo W_ execute, seal and dellveffor arifth behalf of the Company, any2afld all:WM, unTertakings, contracts or obligations in surety or cb-surety with others an2di that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest the execution of any such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that Gary Kaplaril)ga=yidHewett, William Mills, Gregory Boal and. Kevin Mirsch each is hereby authorized to-exQ_ P CIL owers of 77attorney qualifying the a%Xtq�e= tW-§F F to7wiecute6p n-[%Walf of the Company, -bond%ai BU power of attorr ey �y or cc .... .... .... . . ... _Q m -surety with others,Wd tARM S&kM gnrq ssistant SeeretaqU* =6 VNE)t and that each of tMWis fiffiawau t t the �execution of any sud" NdFtTatach thereto_fhog6iorate-sbaWft06mpany. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seat of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co - surety with others to which it is attached. IN WITNESS WHEREOR.-the- XLSPECIAM INSURANCE COMPA 76MEMMMMUPAINCECOMPANY has caused itsrp at eaito be hereunto affixed5jritL#hesQ pw§MUWVe_s1Fned by its 2013. XL SPECIALTY INSURANCE COMPANY GREENWICH INSURANCE COMPANY By: SENIOR VICEWESIMt� . . . . ........ . .. .... ....... SB-0034 t l- ----- 5T�1TE E3_POONNECTICUT — COU OF FAIRFIELi) — -_- . ►fir-_R. =- __ L = = = SECREMY This Power of Attorney may notes used to execute any bond with an inception date after May 16, 2018 - SB0041 TdIS D(ClJ1lE1<}T IS PRINTE[g6LlIGROiJEVD =- 813-0034 - 3/11 Matt Casey Submitted By City of Fayetteville Item Review Form 2014-0125 Legistar File Number NIA City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Apt-Cenwl ft4e ova 91�)Q-1�) Development Services Department Approval of Change Order No. 2 for the Van Asche Drive project to make changes to the proposed median. Does this item have a cost? YeS $10,340.14 $0.00 Van Asche (Garland to Gregg) Cost of this request Category or Project Budget Program or Project Name 4520.9555.5809.00 $0.00 Transp. Bond Street Improvements Account Number Funds Used to Date Program or Project Category 06035.2500-$10,340.14 Street Sales Tax 2013 Project Number Remaining Balance Fund Name Budgeted Item? Yes Budget Adjustment Attached? V20130812 Previous Ordinance or Resolution # 259-13 Original Contract Number: Comments: CITY OF • Tay e evIle ARKANSAS MEMO To: Mayor Jordan Thru: Don Marr, Chief of Staff Jeremy Pate, Director of Development Services Chris Brown, City Engineer From: Matt Casey, Engineering Design Manager Alte— Date: March 11, 2014 Subject: Approval of Change Order No. 2 to make changes to the proposed median PROPOSAL: Mayor's Approval Only Van Asche Dr. from Gregg Avenue to Garland Avenue was awarded for construction to APAC-Central, Inc. in December of 2013. The construction of the improvements are scheduled to begin around March 17, 2014. At the February 7, 2014 Transportation Committee Meeting, the committee voted to make the addition of a median opening in the location of a future Mater Street Plan Collector street. The addition of the median break limits the amount of depressed median section',that acts as a stormwater feature. Therefore, the committee voted to change the depressed median to a typical raised median. The contractor has reviewed the changes and has submitted revised costs for the changes. There is not a proposed change in contract time with this change order. RECOMMENDATION: Staff recommends approval of this Change Order which will increase the contract amount by $10,340.14. BUDGET IMPACT - This project is funded by the Transportation Bond Program. Funding will be provided from the 2013 Transportation Bond Issue., Attachments: Change Order No. 2. Plan Sheets Transportation Committee Memo Z• a eLtLe SAS� TRANSPORTATION COMMITTEE MEMO To: City of Fayetteville Transportation Committee Thru: Mayor Jordan Don Marr, Chief of Staff Jeremy Pate, Development Services Director 1 From: Chris Brown, City Engineer `-'� Date: February 7, 2014 Subject. Review of Proposed Changes to the Design of Van Asche Drive. BACKGROUND: THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Meeting of February 11, 2014 The Van Asche Drive project includes widening and realignment of Van Asche Drive between Highway 112 and Gregg Avenue. The project includes construction of a four lane arterial roadway from the intersection of Highway 112 (Garland Ave) to the east under Interstate I-540. On the east side of I-540, the proposed roadway transitions into a four lane divided roadway with a 15' wide center median. This construction contract was awarded in December, and construction will begin in early 2014. PROPOSED DESIGN CHANGES: A local developer has provided City staff with a conceptual layout of potential driveways and collector and local streets on Van Asche, between Mcguire Avenue and Gregg Avenue. This conceptual layout is based on Ordinance requirements/allowances for street block length and driveway spacing. Staff has reviewed this concept and is in general agreement with the layout and locations of the streets, driveways, and median breaks; however, a change to the design of the median is necessary to accommodate this layout. As noted in the attached Drawing 1, two collector streets that will intersect with Van Asche are shown on the City's Master Street Plan. The location of the eastern collector is fixed, as it ties in to Roosevelt Avenue. However, the western collector alignment was not intended as a final alignment, but as a general location that could be shifted either direction as necessary. The location proposed by the developer actually provides for better spacing between the McGuire and Roosevelt Avenue intersections than the location depicted on the Master Street Plan, and is therefore recommended by staff. This proposed location will require an additional break in the median, as detailed in Drawing 2. Secondly, staff has discussed the proposed depressed median with the developer, and has re-evaluated this design based on these discussions and in light of the additional median break. The depressed median was intended to be a stormwater feature, to allow stormwater to enter the median first before flowing into the storm drain system. The grassed median acts as a swale carrying the water to inlets spaced throughout the median section. Adding the median break will significantly reduce the amount of median that can function as a swale. In addition, the depressed median section limits the ability to add street trees in the median. Placing trees in the swale will block the flow of the water to the inlets. in addition to these items, the swale and storm drainage can be detrimental to the aesthetics of the median, and limit the ability to create a THE CITY OF FAYETTEVILLE, ARKANSAS highly landscaped and decorative area in the median. Therefore, staff proposes that the street section be changed to a typical cross section with a raised median and the street sloping to the outside to the storm sewer system. RECOMMENDATION: Staff recommends changing the street design to include the proposed median break and changing the street cross section in this area to a raised median section, and requests a recommendation from the Transportation Committee to the Administration. These items do not have a cost associated with them, other than some additional design time by City staff, and do not require City Council action. Therefore, upon concurrence by the Committee, staff will proceed with these design changes. Fay**e4V S Change Order No. 2 To Contractor: APAC,.Central, Inc. The Contract is changed as follows: CHANGE ORDER Contract Title Van Asche Drive - Garland Ave. to Gregg Ave. Date of Issuance OR D I N ANCI n E S OLUTI ON: 259.13 Effective December 17, 2013 Bid Bid Previous Unit Contract Revised Revised Original Revised Contract Item item Estimated of Unit Estimated Unit Estimated Estimated Changes No. Descri tioa Quantity Measure Price Quantity Price Cost Cost 6 Unclassified Excavation 35,263 CY (Plan Quantity) $ 4,80 35367 $ 4.80 $169,262.40 $169,761.60 7 Select Fill 25,996 CY (Plan Quantity) $ 6.70 26252 $ 6.70 $173,503.20 $175,888.40 8 Embankment 18,338 CY (Plan Quantity) $ 3.10 16258 $ 3.10 $56,847.90 $50,399.80 9 Subgrade Preparation 41,650 SY (Plan Quantity) $ 0,80 42257 $ 0.80 $33,320.00 $33,805.60 12 18" Reinforced Concrete Pipe, Class Ill Under Pavement 490 LF $ 55.03 694 $ 55.03 $26,964.70 $38,190.82 23 1 24"X38" Reinforced Concrete Elliptical Pipe, Class 111 46 LF $ 82.34 0 $ 82.34 $1787.64 $0.00 29 4' Drop Inlet 18 EA $ 2,276.27 23 $ 2,276.27 $40,972.96 $52,354.21 30 5' Drop Inlet 12 EA $ 3,849.66 17 $ 3,849.66 $46,195.92 $65,444.22 33 4' Area Inlet 5 EA $ 2,083.43 0 $ 2,083.43 $10,417.15 $0.00 35 5' Junction Sox 6 EA $ 5,619,01 1 $ 5,619.01 $33,714.06 $5.619,01 45 4' Drop Inlet Extension 10 EA $ 554.59 17 $ 554.59 $5,545.90 $9,428.03 46 8' Drop Inlet Extension I 1 EA $ 897,29 14 $ 897,29 $9,870.19 $12,562.06 51 10" Class 7 Base Course 33,470 SY (Plan Quantity) $ 8.20 34077 $ 8.20 $274,454.00 $279,431.40 53 Asphalt Concrete 2.5" Surface Course 28,850 SY (Plan Quantity) $ 9.88 29457 $ 9.88 $285,038.00 $291,035,16 55 Asphalt Concrete 4" Binder Course 28,850 SY (Plan Quantity) $ 15.50 29457 $ 15,50 $447,175.00 $456,583.50 57 lConcrete Curb and Gutter 17,300 LF $ 10.68 16941 $ 10.68 $194,764.00 $180,929.88 67 4" Pavement Marking (Thermoplastic) 11,730 LF $ 0.77 1 11900 $ 0.77 $9,032.10 $9,163.00 69 Pavement Symbols (Arrows - Thermoplastic) 14 EA $ 180.25 16 $ 180.25 $2.523.50 $2.884,00 70 Pavement Symbols (ONLY - Thermoplastic) 9 FA $ 190,55 11 $ 190,55 $1,714.95 $2,096.05 91 4"Concrete Median Paving 390 SY $ 25.92 515 $ 25.92 $10,108.80 $13.348.80 93 IMedian Curb Openings 56 EA $ 286,14 0 $ 286.14 1 $16,023.94 1 $0.00 99 42" Reinforced Concrete FES 0 EA $0.00 1.00 1 $2,650.611 $0.001 $2,650.61 Summation of Cost $1,941,236.01 $1,851,576.15 Net Cost for this Change Order $10 340.14 The original Contract Price was Net change by previously authorized change orders The Contract Price prior to this Change Order was The Contract Price will be [increased][decreased] by The new Contract Price including this Change Order will be The Contract Time(s) will be [remain unc Required dales of Competion as of the date of this Change Order therefore are: Substantial Completion ..••--•---------•--...-- Final Completion NA N(ITIi: This summary does not reflect changes in the Contract Price or Tiiw(s) which have b=n authorized by Work Change Dirccliws not incorpr)rated in this or precious Change Orden. APAC-CENTRAL, INC. CIT F FAYE T ILLS 13Y DATE LOATE oN N N N N N �Ny N ih O [!i O [!i O � O R. 8 N R. � 8 NS' N, i AUICH LM ?8+00 II •j.y H� pt If I! Is ly a II � Ilo�l! s; r a qR. II iA I I I I �g I 1 I I � I MATCH UK 33+60 4€ Y e ENGINEERING DIVISION VAN ASCHeDR-GARLAND AVE TOGREGG AVE i s YIPAT[ OUICLLrT M STREU ' ' ROADWAY PLAN AND PROFILE17 § ! " " _ PLAN AND PROFILE 5TA 28+00 TO 33+60 mmm 1 ME No 21 u1mmmmm imm NS z a z � ;z; MATCH UNE 39+20 "- t VAN ASCHE DR -GARLAND AVE TO GREGG AVE s 1 1 Syle-".Ve ENGINEERING DIVISION ROADWAY PLAN AND PROFILE ll% w. MLf,MMMPA 7X701 V _M rarcncveui ue �noi r-�� PLAN AND PROFILE STA 33+60 TO 39+20 UAtCH LINE 39+20 II: A IMM 31 NN I? A III fj moo a a II' fi t M -4 A I59 N1 IMIC 30 I Ell v 7 11 A m FM �R 7. It *R �Qi !I 21 m im --77 A; aimm —77 TU TIM-- 4g. ... ....... RIM70 7m -0 tog - Ing (SUSHEETPP11) In. .. ...... 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WOUWAW FTRm C71 STA. 40+40 to STA. 50+00 23+00 pIf n d� ENGINEERING DIVISION E G, ye e 113 W. bMWTAIN SUM _ F _ wu�am MATCHUNE17+20 I �'l 1 � •I-I�. • ; � � i � r � j � ` d t j'I fa [ .. - ., � �I• �I� -ii• . I I I .. r � • I 1 ` _ LFI �� II.�, fig- � L c � r . ._I.._ � ! I-'Fj•. - i II � � - � I i I ,•r fl•- � �-�• •� f•• ; I III �� I� � I I I•��I I i I •1,.Ia•, -� III I I I �•.�I- ��I� I I� MATCHNNE23+00 -�-_ 4 VAN ASCHE DR -GARLAND AVE TO GREGG AVE £ I sa EROSION CONTROL PLAN K STA. 17+20 to STA. 28+80 ry MATCHLINE 52+00 ENGINEERING DIVI I 13 W. bmpffAm STMM 4 " MATCHUNE 40+40 % 14 f �-! % Ito I IF Al Vi 0 I I ,1 r � i,f. .. t_ 7 I r�r i T. MATCHUNE 46+20 — — — VAN ASCHE DR -GARLAND AVE TO GREGG AVE ill EROSION CONTROL PLAN F 2 STA. 40+40 to STA. 52+00 d, 13 15 2 1 12 12 § 12 1 2 Ig 4�- - - 5 4- -1 -d - --d-Ar -j I - r J! IlL TE + + I i 4 J + 1�b r 4L T +4- 4 CA t -M: iM2 61 14 + T T. I I El-I I T1- I € 1 ,� —T + r i 4 - i -1 . . . ...... 1. j i 11T ': 4 + t 4 NJ --jLL1 vl� Ltkn I in erAYrrMYt" ENGINEERING DIVISION Ila W. MoUlffl" srRm J, VAN ASCHEDR-GARLAND AVE TO GREGG AVE ROADWAY CROSS SECTION SHEETS I i l e-� � Y� 7270, CROSS SECTION STA. 23+00 TO 23+71 if J� -.44- 4- 4— -4-4- -" Tl� 4- L 11. j 4 "F 4-1 i wc,. to i 6 I T 4 1 pm -t— s+z, cD; MiT 4 4 r, t'.. IT` ADC I $M- me � T A" I ;H7 Jlid �I -1 . . ...... . . t 7 T A A J-1 F a 7 + t 41. is L DR -GARLAND AWE TO GREGG AVE VAN ASCHE ENGINEERING DIVISION 113 W. MMKTAIN 57TA:rr ROADWAY CROSS SECTION SHEETS �e V MtTTLY . M 111701 CROSS SECTION STA. 24+00 TO 25+50 la 12 1 D 1 a k 11 fy + it T t-4 T' +7+ JTK iW.72 i 1 Me iml OF T It ...... . . . . . . .... ...... ..... ....... t i 4 4 + •� _I�- .fir I$ _ T 4 —1 - I - c3l -4 1�9 1 2 me TV yyy MC 1641- 44 I i 1 4 1 1 i -.1- 4. I 7 1 i t 4- L i�. 1 1 1 F- .1 F —.- I i 12 L I 1 i 2 1 1 i 5 1 i a I ENGINEERING DIVISION 113 W. MCKPffA I 'VANASCHE DR -GARLAND AVE TO GREGG AVE ROADWAY CROSS SECTION SHEETS r*YrTFLV%L& AA 7"01 CROSS SECTION STA. 26+00 TO 27+50 1, azi li gE.i I J.- . .... .... m..J j. ................. ...... ..... I. ... ........ ... .. . . . . . .. . . . 'T —xv � ails . . t ......... ._. J I- t+ 4 + ii —J TDc 121.62 ... .... ... E a LL j Toc21 26 7 co + ... ...... .. l...J.-L J. o 4 -4 I f J IL TDP M I 21 UT loc 1215 1 .7. J ............ . ...... JLL .. ....... . ... .... .. ... F.. i . ...... . ......... ... } i E' �I f—; ... . ... . .. --jmf- t ........ .. ... . .. ... J.1 ........... . + . . . Ig ON ENGINEERING DIVISION 113 w. mwmTAm 3TRm VAN ASCHEDR-GARLAND AVE TO GREGG AVE ROADWAY CROSS SECTION SHEETS I o f FAYMIMUS. AM 72701 CROSS SECTION STA. 28+00 TO 29+50 .#.—1 u 4 -4 ... .............. --7 4, �4 I 144- IR . I -44 � I I ! �..,..1-i � E Jill..} � _ _{ . , _ __l_ A.L. il. 1. �; ,��! � ��., -fit �,��, i r [. i..E t tII.._jj�� j i. i, -T M,72 roe I *oo cD iT 1216 1 1 1 I m ti 1+ TIT]` I f cl) ENGINEERING DIVISION I I a w. wwommol � VAN DR -GARLAND AVE TO GREGG AVE ROADWAY CROSS SECTION SHEETS rAWMVnAX. AR -n7Q1 co CROSS SECTION STA. 32+00 TO 33+60 --A J, -F-- 4 4 T 7 T, Ii -4i 4- I 'TJ 1 i E -4 -,-t L +T F L LU L f 4- t 4.4 Ti-I L- J L i - me TM 121PS? 1 IT dy j- H14; ..... ..... —4— H r + i + 4 4 t 4-4- + + 0 cn ENGINEERING DIVISION Ila W. MOUNTOM sTptrrr , VAN AS DR -GARLAND AVE TO GREGG AVE ROADWAY CROSS SECTION SHEETS rAYErrIEVIIJA. M n791 CROSS SECTION STA. 34+00 TO 35+50 T 1 . _T + I t J + J Ir Lr J ..... ..... . .4— co 3! 1A t + 7w 12P a cc losop L i 'IM3.124 • L jj. -4 hiIII L LILL 1 I ENGINEERING DIVISION 113 W. MoupffAm STFJXT VAN ASC DR -GARLAND AVE TO GREGG AVE ROADWAY CROSS SECTION SHEETS 1 A 3 FAYMMMAJ4 AR 72701 CROSS SECTION STA. 38+00 TO 39+25 .4- L T 4.J.— q 41or I 11K4- ij P" J— r I- -ZX t ! 9 f 14K 12D is 4--4- 1 17 1 T 4. I I F r Tt m j 4-L-i + J. 11 4 T t FIE L L ji o ENGINEERING ISION EENADIVISION I la W. MOUNT.Um 1 VAN ASCHE DR -GARLAND AVE TO GREGG AVE ROADWAY CROSS SECTION IN SHEETS JrAYrrrgVV.LL R 7V*l CROSS SECTION STA. 39+SO TO 40+5 0 Inc Matt Casey Submitted By City of Fayetteville Item Review Form 2014-0099 Legistar File Number NIA City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Development Services Department IApproval of Change Order No. 1 to adjust the trail and retaining wall configuration under 1-540 for the Van Asche Drive project. Does this item have a cost? Yes $17,911.91 Cost of this request 4520.9555.5809.00 Account Number 06035.2500 $0.00 Category or Project Budget $0.00 Funds Used to Date -$17,911.91 Van Asche (Garland to Gregg) Program or Project Name Transp. Bond Street Improvements Program or Project Category Street Sales Tax 2013 Project Number Remaining Balance Fund Name Budgeted Item? YBS Budget Adjustment Attached? V20130812 Previous Ordinance or Resolution # 259-13 Original Contract Number: Comments: Ey�t4� • ee�le -ARKA�fSAS� MEMO To: Mayor Jordan Thru: Don Marr, Chief of Staff Jeremy Pate, Director of Development Services Chris Brown, City Engineer From: Matt Casey, Engineering Design Manager Date: February 19, 2014 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Mayor's Approval Only Subject: Approval of Change Order No. 1 to adjust the trail and retaining wall configuration under 1-540. PROPOSAL: Van Asche Dr. from Gregg Avenue to Garland Avenue was awarded for construction to APAC-Central, Inc. in December of 2013. The construction of the improvements are scheduled to begin in the first quarter of 2014. During recent discussions with the contractor, some concerns were expressed with the difficulties of construction of the trail and retaining wall under 1-540. There was also some concern about the excavation in that area exposing critical elements of the bridge structures. Staff has prepared an alternative design that would minimize the excavation by raising the trail and moving the proposed retaining wall to be located between the curb and the trail. The contractor has reviewed the changes and has submitted revised costs for the changes. There is not a proposed change in contract time with this change order. RECOMMENDATION• Staff recommends approval of this Change Order which will increase the contract amount by $17,911.91.00. BUDGET IMPACT: This project is funded by the Transportation Bond Program. Funding will be provided from the 2013 Transportation Bond Issue. Attachments: Change Order No. 1. Plan Sheet Detail Sheet TaayeV12 Change Order No. 1 To Contractor: APAC.-Central, Inc. The Contract is changed as follows: CHANGE ORDER Contract Title Van Asche Drive - Garland Ave. to Gregg Ave. Date of Issuance ORDINANCFIRESOLUTION: 259-13 Effective December 17, 2013 Bid Bid Previous Unit Contract Revised Revised Original Revised Contract Item Item Estimated of Unit Estimated Unit Ftimated Estimated Changes No. Description Quantity Measure Price Quantity Price Cost Cost 6 Unclassified Excavation 35560 CY $4.80 35263 $4.80 $170,688.00 $169,262.40 7 Select Fill 25875 CY $6.70 25896 $6.70 $173,362.50 $173,503.20 8 Embankmeml 18210 CY $3.10 19338 $3.10 $56,451.00 $56,847.80 59 Concrete Sidewalks 5260 SY $23.51 5242 $23.51 $123,662,60 $123,239.42 60 Concrete Trail 5800 SY $26.86 5832 $26.86 $155,788.00 $156,647.52 83 Concrete Slope Paving Removal l LS $14,644,06 0 $14,644.06 $14,644.06 $0.00 84 Concrete Rip Rap (Slope Paving) 90 SY $221.17 0 $221,17 $19,905.30 $0.00 85 Cast in Place Retaining Wall 1240 SF $105.66 0 $105.66 $131,018.40 $0.00 87 Handrail 348 LF $98.32 598 $98.32 $34,215.36 $58,795.36 91 4" Concrete Median Paving 147 SY $25.92 390 $25.92 $3,810.24 S10,108.80 96 5" Class 7 Base Course 6900 SY $3.66 6932 $3.66 $25,254.00 $25,371.12 97 Concrete Slope Paving Removal 0 LS $0,00 1 $8,790.00 $0.00 $8,790.00 98 Cast in Place Retaining Wall 0 SP $0.00 1435 $100.45 1 $0.00 $144,145.75 Summation of Cost $908,799.46 $926,711.37 Net Cost for this Change Order S17,911.91 Not valid until signed by the Owner The original Contract Price was S 4,587,250.02 Net change by previously authorized change orders S The Contract Price prior to this Change Order was ...................................................................---................................-............_........................ $ 4,587,250.02 The Contract Price will be [ increased 11 decreased) by ........................................................................................................................................ $ 17,911.91 The new Contract Price including this Change Order will be ........................................................ ---------------$ 4,605,161.93 The Contract Time(s) will be [remain unchanged] 480 calendar days Required dates of Competion as of the date of this Change Order therefore are: Substantial Completion NA Final Completion -------------------------------------------------- NA NOTE: This summary does not reflect changes in the Contract Price or Times) which have been authorized by Work Change Directives not incorporated in this or previous Change Orders. APAC-CENTRAL, INC. S - BY DATE 2- �`�`i O w I + w v = /r llI � is � � ¢ =1 WI yl ce 11. „i111, i, t .Lll 1 ,`.,f I•1f ; 114� t` r i l I I �I t' S -- •• ! >, L I 1 1 �' I• L- 1' I' • 1 i4\ 11I 5,. 4 I• I I V I ,1 S rl t, 1 1.JJ I, N I It \ I•IlL�1 ` t o L 1!,m ,. j, y\5 IL ap rlS/ Nil,5 L IL }, a '�N�k, ri•i 1. 1A IN 5L I i 1 V15.'•''•f�a 111�,'�fii i. 1 CD J- Y^�'ll± � 1 i 1\ 7 •'a lil l 111, 11�1 i••L11 I , L I € ��' I, �, f"I li•E �� ' 1 1• , I. o.4t I� I/i r/ !l1l�f�lli if i!!1;'It? 5 IIILI€toL11 I, I sz: ' 4 f.•] Jj' i r l l 1 1 1 :. f; O -I V I�r _ III Y Ion — "8 c] 4, �_ I I . - '- A 1 , I I w € , 1 z m N 1 I. I H OZ+ l l IN11 HO1t/W 2ap, :CV 6!'Sf2t:3JA 1406f[I,.jypl t6'EE2t:37A3 CL-F,-+ZI Si'19 - SOM ZL=',ViSc $ r Q j. �1 N ��. £CEZ+11 -S'NB L N CV N \1 \ a u. Z LL 1 \\ w a o l O O w O U C �z 3 w \\ 5W0.R O FLLj tan UlJr K 1 \1 \ a UC9O,�n inQUw r Z \ to E i Lo 11 ,1 I Z oa I III w F- cn �w I J 00 III _ a+ O 00 �� ul WaZ�o t.I z ° w�� En Sow II— I— o o OOW d'QUd' i. I I I N O�LL O f.]o=�♦Lu I —"I I �/ E? W�� : J JzLLOna VV g J •.� � � J a�RZd t- II— 0 � a �p dm oz�Lu w II— C7w Z owe �W z Y t ch i ;'' ,Iz z EL O J � Z o a z •.+•' w a w LU rn w .. i o � — ....' 4 w tw» Ezz m L °• u, II —III w'orLu ag Q 0� a� I Qr �$uj z LL' m Q ° • • • mw � G U Pn U •° ' F a a wx 0 o z 0zg rx0,v- c� a-m ., a. • • O (7Ow ZFU dtoQQ wtn • • - 4. V � � G tp � U y4( coo ZOO 02 2 Umtn m voaUC� o C w N LLOa 6¢tprwnz a * cr U Z Sc U yCy F r Kt* ;Al) a 4 s U a I NEI Matt Casey Submitted By R•p�C ��'�� City of Fayetteville Item Review Form CWge 2014-0176 DYES S �p Ts, Legistar File Number NIA City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Development Services Department IApproval of Change Order No. 3 for the Van Asche Drive project to make changes to the proposed pavement section. Does this item have a cost? YeS $28,140.00 $1,421,819.00 Van Asche (Garland to Gregg) Cost of this request Category or Project Budget Program or Project Name 4520.9555.5809.00 $0.00 Transp. Bond Street Improvements Account Number Funds Used to Date Program or Project Category 06035.2500 $1,393,679.00 Street Sales Tax 2013 Project Number Remaining Balance Fund Name Budgeted Item? YeS Budget Adjustment Attached? NO V20130812 Previous Ordinance or Resolution # 259-13 Original Contract Number: Comments: CITY OF • 17ay e evl e ARKANSAS MEMO To: Mayor Jordan Thru: Don Marr, Chief of Staff Jeremy Pate, Director of Development Services Chris Brown, City Engineer From: Matt Casey, Engineering Design Manager '`ie— Date: April 9, 2014 Subject: Approval of Change Order No. 3 PROPOSAL: Mayor's Approval Only Van Asche Dr, from Gregg Avenue to Garland Avenue was awarded for construction to APAC-Central, Inc. in December of 2013. The construction of the improvements began on March 3 1 " and will be complete by June 2015. A large portion of the construction is through a field that is low and wet. There have been wetlands identified on this property and the City has obtained permits through the Corps of Engineers for the construction. The contractor presented staff with a construction option that would expedite the construction through this area as well as provide a stronger pavement section. The pavement design was prepared by GTS, Inc., our geotechnical engineer for this project. Their recommendation was to install 24" of select fill material (hillside) underneath the pavement section. The contractor has proposed to install a geotextile fabric with 12" of B-stone in place of the 24" of select fill. This option will reduce the amount of excavation necessary and provide a drainage medium under the pavement to accommodate the ground water. This option was discussed with GTS, Inc. and they concurred that this alternative is acceptable and would provide a stronger base for the roadway. An added benefit to this option is the potential to avoid undercut, which is additional excavation and fill when unsuitable soil is encountered. This could lead to considerable savings in the project. RECOMMENDATION: With the benefit of the expedited construction and the stronger pavement section, staff recommends approval of this Change Order which will increase the contract amount by $28,340,00. BUDGET IMPACT: This project is funded by the Transportation Bond Program. Funding will be provided from the 2013 Transportation Bond Issue. Mailing Address: DEVELOPMENT SERVICES 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 lFa`sy�eVS Change Order No, To Contractor: APAC,-Central, Inc. The Contract is changed as follows: CHANGE ORDER Contract Title Van Asche Drive - Garland Ave. to Gregg Ave. Date of Issuance ORDINANCIURESOLUTION: 259-13 Effective December 17, 2013 Bid Bid Previous Unit Contract Revised Revised Original Revised Contract Item Item Estimated of Unit Estimated Unit Estimated Estimated Changes No. Description Quantity Measure Price Quantity Price Cost Cost 6 Unclassified Excavation 35,367 CY (Plan Quantity) $ 4.80 29739 $ 4.80 $169,761.60 $142,747.20 7 Select Fill 26,252 CY (Plan Quantity) $ 6.70 14996 $ 6,70 $175,888.40 $100,473.20 100 12" Depth B-Stone 0 CY $ - 5628 $ 19,21 $0,00 $108,113.88 lot GeotextlleFabric 0 SY $ 16884 $ 1.33 $0.00 $22,455.72 Summation of Cost $345,650.00 Net Cost for this Change Order $373,790.00 $28,140.00 Not valid until signed by the Owner The original Contract Price was $ 4,587,250.02 Net change by previously authorized change orders $ 28,252.05 The Contract Price prior to this Change Order was $ 4,615,502.07 The Contract Price will he I increased] [decreased] by ............. ........................................... .......... ................ ......... S 28,140.00 The new Contract Price including this Change Order will he ...... ..,......................................................»...._........ $ 4A43 642.( 7 The Contract Time(s) will be [remain unchanged] 480 calendar days Required dates of Competion as of the date of this Change Order therefore are: Substantial Completion •-----------------------------------------------------------------_---_-- ............................................................................................................... ---' 14-Jun-15 Fnal Completion ----------------------------- ----- 14-Jul-15 NOTE: This summary does not reflect changes in the Contract Price or Time(s) which have teen authorized by Wort Change Dirceti— not incorporated in this or previous Change Orders. APAC-CENTRAL, INC. BY DATE Matt Casey Submitted By City of Fayetteville Item Review Form 2014-0240 Legistar He Number N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Action Required: Development Services Department IApproval of Change Order No. 4 for the Van Asche Drive project to make changes to the proposed storm drainage system. Does this item have a cost? YeS -$317023.93 Cost of this request 4520.9555.5809.00 Account Number 06035.2500 Project Number $1,421,819.00 Category or Project Budget $0.00 Funds Used to Date $1,452,842.93 Remaining Balance Van Asche (Garland to Gregg) Program or Project Name Transp. Bond Street Improvements Program or Project Category Street Sales Tax 2013 Fund Name Budgeted Item? Yes Budget Adjustment Attached? NO V20130612 Previous Ordinance or Resolution # 259-13 Original Contract Number: Comments: CITY OF % a e evi e ARKANSAS MEMO To: Mayor Jordan Thru: Don Marr, Chief of Staff Jeremy Pate, Director of Development Services Chris Brown, City Engineer From: Matt Casey, Engineering Design Manager Al'_� Date: May 22, 2014 Subject: Approval of Change Order No. 4 PROPOSAL: Mayor's Approval Only Van Asche Dr. from Gregg Avenue to Garland Avenue was awarded for construction to APAC-Central, Inc. in December of 2013. The construction of the improvements began on March 3 1 " and will be complete by June 2015. During the installation of the new 12" waterline that parallels the roadway on the east end of the project, the contractor uncovered the City's 36" water transmission line. The actual location of this waterline did not match the information shown on the as -built plans and the survey that were used during the design of this roadway project. The City's Water and Sewer Division exposed the main in various places so the City Surveyor could document the mains actual location. With the new information on the water main location, it was determined that one of the proposed storm sewer crossings of this main would not be possible. The Engineering Staff has redesigned the storm sewer in this area to accommodate the 36" water main. Change Order #4 includes the changes in size and lengths of the pipes in this area for this redesign. Also included are two waterline "bridges," which are concrete caps that will protect the water main at the storm sewer crossings. RECOMMENDATION: Staff recommends approval of this Change Order which will decrease the contract amount by $31,023.93. BUDGET IMPACT: This project is funded by the Transportation Bond Program. Funding will be provided from the 2013 Transportation Bond Issue. N;ai3 fig Addl-t's: DEVELOPMENT SERVICES 113 W. 100wntdkn siceei w,Vw r.tayett€Mlle-ar.gov Faytcttevj!l , AJ� 72/(T1 Tay**e-V $ CHANGE ORDF;R Contract Title Van Asche Drive - Cartnnd Ave. to Gregg Ave Change Order No 4 To Contractor: APAC,-Central, Inc The Contract is changed as follows: Date of Issuance ORM NANCt'IRI .OMIT ION: 259-13 Ffrecdve December 17, 2013 Bid Bid Previous Unit Contract Revised Revised Original Revised Contract Item Item Estimated of Unit Estimated Unit Estimated Estimated Changes No Description Quantit} Measure Price Quantity Price Cost Cost 14 42" Reinforced Concrete Pipe, Under Pavement, Class111 180 LF $ 117.26 0 $ 117.28 $21,11040 $000 15 48" Reinforced Concrete Pipe, Under Pavement, Class 111 132 LF $ 133.46 377 $ 133.46 $17,616 72 $50,314.42 17 18" Reinforced Concrete Pipe 1,533 LF $ 30.67 1902 $ 30.67 $47,017.11 $58,334 34 21 42" Reinforced Concrete Pipe 738 M $ 89.59 658 $ 89.69 $66.117.42 $58,95022 22 40" Reinforced Concrete Pipe 1.684 LF $ 106.01 1145 $ 106.01 $178,520 84 $12I,381 45 29 4' Drop Inlet 23 EA $ 2.276.27 25 $ 2,276.27 $52.354 21 $56.906 75 31 6' Drop Inlet 3 EA $ 5211.74 1 $ 6,211.74 $15.635.22 $5.21 L74 37 -1' % 11' Intel 2 EA $ 9,275,33 1 $ 9,275.33 $18.550 66 $9.275 33 41 6' x 12 role[ t EA $11 A84.40 2 $ 11.484.40 $11.484.40 $22,968 80 102 36" Waterline Bridge Stu 42+78 0 LS 1 $ 7,380,00 $0 00 $7380,00 103 36" Waterline Bridge Sta 48+60 0 I S 1 $ 6,660.00 $0.00 $6,660.00 Surnma tion of Cost $428,406.99 $397,383.05 Net Cost for this Change Order ($31,023.93) The original Contract Price was $ 4,587,250.02 Net change by previously authorized change orders .,, ,. - ... .. $ 5092.05 The Contract Price prior to this Change Order was $ 4,643,642.07 The Contract Price will be [incrensed][decreased] by $ (31,023.93) The new Contract Price including this Change Order will be $ 4,612,618.14 The Contract Time(s) will be f inq.-__a byj[de_.__---a MLremain unchanged] 480 calendar days Required dates of Competion as of the date of this Change Order therefore are: Substantial Completion .................................................................................................................... 14-Jun-15 FinalCompletion 14-Jul-I5 NOTE: This summary does nut rcllect changes in the Contract Price nr Time(s) which hive been authorized by Work t' ng: Oa�eui,-. run uunrP�+ptted m nu, ar prr, n�u� Change Orders APAC-CENTRAL, INC. 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NIVI! 3AV0038.9013AtlONVIUVOO-UO3HOSV NVA NalSllllQ 91 F "1 T is k 141 OD Ill } rc x a Y 1 V N • W ;{ W � 5 } v V' (7 0 }i' O UwK x � O x y O y —4 LL 9' C V y 1 U b O0 rL a�0 �LL/l 7 a b 4 O 9 o n > I W =� Z_ Q J W O w n `+ F` LL co 0 � to Q m CO CO LU J Z Q J � W 0 o� co M Matt Casey Submitted By City of Fayetteville Item Review Form 2014-0240 Legistar File Number NIA City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: y IJai�, d S1-13 Development Services Department Approval of Change Order No. 4 for the Van Asche Drive project to make changes to the proposed storm drainage system. Does this item have a cost? Yes -$31,023.93 Cost of this request 4520-9555.5809.00 Account Number 06035.2500 $1,421,819.00 Category or Project Budget $0.00 Funds Used to Date $1,452,842.93 Van Asche (Garland to Gregg) Program or Project Name Transp. Bond Street Improvements Program or Project Category Street Sales Tax 2013 Project Number Remaining Balance Fund Name Budgeted Item? YBS Budget Adjustment Attached? NO V20130812 Previous Ordinance or Resolution # 259-13 Original Contract Number: Comments: ..J CITY OF Ta. eIIIe ay ARKANSAS MEMO To: Mayor Jordan Thru: Don Marr, Chief of Staff Jeremy Pate, Director of Development Services Chris Brown, City Engineer From: Matt Casey, Engineering Design Manager Aie- Date: May 22, 2014 Subject: Approval of Change Order No. 4 PROPOSAL: Mayor's Approval Only Van Asche Dr. from Gregg Avenue to Garland Avenue was awarded for construction to APAC-Central, Inc. in December of 2013. The construction of the improvements began on March 31" and will be complete by June 2015. During the installation of the new 12" waterline that parallels the roadway on the east end of the project, the contractor uncovered the City's 36" water transmission line. The actual location of this waterline did not match the information shown on the as -built plans and the survey that were used during the design of this roadway project. The City's Water and Sewer Division exposed the main in various places so the City Surveyor could document the mains actual location. With the new information on the water main location, it was determined that one of the proposed storm sewer crossings of this main would not be possible. The Engineering Staff has redesigned the storm sewer in this area to accommodate the 36" water main. Change Order 44 includes the changes in size and lengths of the pipes in this area for this redesign. Also included are two waterline "bridges," which are concrete caps that will protect the water main at the storm sewer crossings. RECOMMENDATION: Staff recommends approval of this Change Order which will decrease the contract amount by $31,023.93. BUDGETIMPACT: This project is funded by the Transportation Bond Program. Funding will be provided from the 2013 Transportation Bond Issue. Mailing Address: DEVELOPMENT SERVICES 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Ta*y**M�l KhN SAS CHANGE ORDER Contract Title Van Asche Drive - Garland Ave. to Gregg Ave. Change Order No. To Contractor: APAC,-Central, Inc. The Contract is changed as follows: Date of Issuance pAD 1 N AN CM f-, S Ot-LMO4; 259.13 Effective December 17, 2013 Bid Bid Previous Unit Contract Revised Revised Original Revised Contract Item Item Estimated of Unit Fstimated Unit Estimated Estimated Changes No. Description Quantity Measure Price Quantity Price Cost Cost 14 42" Reinforced Concrete Pipe, Under Pavement, Class 111 180 IX $ 117.28 0 $ 117.28 $21,110.40 $0.00 15 48' Reinforced Concrete Pipe, Under Pavement, Class III 132 LF $ 133.4E 1 377 $ 133.46 $17.616.72 $50.314.42 17 18' Reinforced Concrete Pipe 1,533 LF $ 30,67 1902 $ 30.67 S47.017.11 $58,334.34 21 42' Reinforced Concrete Pipe 738 LF $ 89.59 659 $ 89,59 $66,117.42 S58,950.22 22 48" Reinforced Concrete Pipe 1,684 LF $ 106.01 1145 $ 106.01 S178.520.84 $121,381,45 29 4' Drop Inlet 23 EA $ 2,276.27 25 $ 2,276.27 $52,354.21 S56.906.75 31 6' Urop Inlet 3 EA $ 5.211.74 1 $ 5,211,74 $E5.635.22 $5 211.74 37 4' x I I' Inlet 2 EA $ 9.275.33 1 $ 9,275.33 $18.550.66 $9,275.33 41 6'x ITInlet I EA $11,484.40 2 $ 11,484.40 $11,484.40 $22,968.80 102 36" Waterline Bridge Sta 42+78 0 l S 1 $ 7,380.00 $0.00 $7,380,00 [03 36" Waterline Bridge Sta 48+60 0 LS 1 $ 6,660.00 $0.00 $6,660.00 Summation of Cost $428,406.98 $397 183.05 Net Cost for this Change Order ($31,02.1.93) Not valid until signed by the owner The original Contract Price was $ 4,587,250A2 Net change by previously authorized change orders....................................................................................................................................................................................... $ 56192.05 The Contract Price prior to this Change Order was $ 4,643,612.07 The Contract Price will be [increased][decreawd] by --.... .............. ». ................ ............ .._.-._.... W..._ $ (31,023.93) The new Contract ['rice including this Change Order will be ................. ... .... _..._..._.........._.... .._... $ 4.612.618.14 The Contract Time(s) will he [remain unchanged] 480 calendar days Required dates orCompetitnt as of the date of this Change Order therefore are: Substantial Completion D4-Jun-15 hmal Completion 14-Jul-15 NOTE: Thi, summary dkXS rout rclkv[ Changes in the Contract ['rice or Thtrc(s) which hase Rvn authorised by K'or1. Cbbnge PirtrtiYCA no[i orporated in this or precious Change Orders. APAC-CENTRAI„ INC. e ' s-,Z-�y BY DATE BY 1Fa*y*'c'V 5 Change Order No. To Contractor: APAC: Central, Inc, The Contract is changed as follows: CHANGE ORDER Contract Title Van Asche Drive -Garland Ave. to Gregg Ave. Date of Issuance OR D I NANC UR E SOL UTI O N: 259-13 Effective December 17, 2013 Bid Bid Previous Unit Contract Revised Revised Original Revised Contract Item Item Estimated of Unit Estimated Unit Estimated Estimated Changes No. Description Quantity Measure Price Quantity Price Cost Cost 14 42" Reinforced Concrete Pipe, Under Pavement, Class 111 180 LF S 117,28 0 $ 117.28 $21,110.40 $0.00 15 48" Reinforced Concrete Pipe, jUnder Pavement, Class 111 132 LF $ 133.46 377 $ 133.46 $17,616.72 $50,314,42 17 18" Reinforced Concrete Pipe 1.533 LF $ 30,67 1902 $ 30.67 $47,017.11 $58,334.34 21 42" Reinforced Concrete Pipe 738 LF $ 89.59 658 $ 89.59 $66,117.42 $58,950.22 22 48" Reinforced Concrete Pipe 1,684 LF $ 106,01 1145 $ 106.01 $178,520.S4 $121,391.45 29 4' Drop Inlet 23 EA $ 2,276.27 25 $ 2,276.27 $52,354.21 $56,906.75 31 6' Drop Inlet 3 EA $ 5,211.74 1 $ 5,211.74 $15,635.22 $5,211.74 37 4' x l F Inlet 2 EA $ 9,275.33 1 $ 9,275.33 $18,550.66 $9,275.33 41 6'x 121nlct I EA $11.484.40 2 $ 11,484,40 $11,484.40 $22,969.80 102 36" Waterline Bridge Sta 42+78 0 LS 1 $ 7,380.00 $0.00 $7.380.00 103 36' Waterline Bridge Sta 48+60 0 LS 1 $ 6,660,00 $0.00 $6,660.00 Summation of cost $428,406.98 $397,383.05 Net Cost for this Change Order ($31,023.93) Not valid until signed by the Owner The original Contract Price was .._............................................._...._...._..............._...._...._.................................._...._...._..........-...._...--.--..._............... $ 4,587,250.02 Net change by previously nuthorized change orders ..»....»..........».»....»................».......»....»....»...».».»....»..................»................................................ .................... ....... $ 56,392.05 The Contract Price prior to this Change Order was $ 4,643,642.07 The Contract Price will be (ineucased)(decreased) by $ (31,023.93) The new Contract Price including this Change Order will be .......................................................... -----------------$ 4,612,618.14 The Contract Time(s) will be [remain unchanged] ............................................................. 480 calendar days Required dates of Competion as of the dale of this Change Order therefore are: ............................................................................................................... Substantial Completion •------------------------------------------------------------------------------------------------------------- 14-Jun-15 Ianal Completion 14-Jul-15 NOTti: This summary does not reflect chango in the Contract Price or Tim(s) which have been authorized 0y Work C�W Dir lives not incorporated in this or precious Change (Eden. _Al2©C-CENTRAL, INC. Q BY DATE BY 00, OFF. �1 Fay`*e*tt�—ll(ANSAS CHANGE ORDER Contract Title Van Asche Drive - Garland Ave. to Gregg Ave. Change Order No. To Contractor: APAC,-Central, Inc. The Contract is changed as follows: Date of Issuance ORI IINANCIIRFSOLUTION: 259-13 Effective December 17.2013 Bid Bid Previous Unit Contract Revised Revised Original Revised Contract Item Item Estimated of Unit Estimated Unit Estimated Estimated Chan es No. Description Quantity Measure Price Quantity Price Cost Cost 14 42" Reinforced Concrete Pine, Under Pavement, Class III 180 LF $ 117.28 0 $ 117,28 $21,110.40 $0.00 ES 48" Reinforced Concrete Pine. jUndci Pavement, Class 111 132 LF $ 133.46 377 $ 133.46 $17,616.72 S50,314.42 17 18" Reinforced Concrete Pipe 1,533 LF $ 30.67 1902 $ 30.67 S47.017.11 S58,334.34 21 42" Reinforced Concrete Pipe 738 LF $ 89.59 658 $ 89.59 $66,117.42 $58,950.22 22 48" Reinforced Concrete Pipe 1,684 LF $ 106.01 1145 $ 106.01 $178,520.84 S121,381.45 29 4' Drop Inlet 23 FA $ 2.276.27 25 $ 2.276.27 $52,354.21 $56.906.75 31 6' Drop Inlet 3 F.A $ 5,211.74 1 $ 5,211.74 $15,635,22 $5,211.74 37 4' x I I' Inlet 2 EA $ 9,275.33 1 $ 9,275.33 $18,550.66 $9,275.33 41 6'x 12'Inlet I EA $11,484,40 2 $ 11.484,40 $11,484.40 $22,968.80 102 36" Waterline Bridge Sta 42+79 0 IS I $ 7.380.00 $0.00 $7,380.00 103 36- Waterline Bridge Sta 48+60 0 1 IS 1 $ 6,660.00 $0.00 $6,660.00 Summation of Cost $428,406.98 $397„M3.05 Net Cost fur this Change Order ($31,023.93) i ne ongmal contract once was 1. 4j25 l,1--U.VL Net change by prcwously authorized change orders .................. ........................................................................................ 56 i92.05 The Contract Price prior to this Change Order was ............................................................................................................................. I................ ......................................... $ 4,643,642.07 The Contract Price will be [increased][decreased] by $ (31,023.93) The new Contract Price including this Change Order will be »...............................................-----..-. $ 4,612.618,14 The Contract Tirne(s) will be - (remain unchanged) 490 calendar days Required dates of Competion a5 of the date of this Change Order therefore are: Substantial Completion _____ 14-Jun-15 Final Completion ----------------------------------------------------------------------------------------------------------------- 14-Jul-15 NOTE! Thu summery dress oat rclMet chmgcs in ttw Contact Price ur Ti-(0 u Change Order+. 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ICI fvl. y � E-k SS Fa pl / • t--- - - - - - - - - - - - - I y ------------------ --- — — ;----------� 4 #kI M IF#P� ,�1� - w.�.. .o. yy$NYMyV • Y u .B► emu. �• 3ais —1i 1 3AWDEMO 013AV1IY130QNVRlV0W3H.7sV NVn ' NOISIAI0 9N1833NiON3 a n g rno = — Nim w -I �I— ' v Lu -o=1-!== = m Ln _ ! 9_1_--I_ ---I� I —I 1 I - w -j _ Z a Cl. _, 1 -I—.I awe U I w o ui + 00 Kt co c)m(n •I —I I --1 1 —I I —I z w O III=1il—'I--�Wo I I-- k— I—I_I—I_— rv, a I�Illiflll IN1111. Q U co v w J Z Q a w ao w o + w c., � o � °mU) Matt Casey Submitted By City Y of Fayetteville Staff Review Form 2014-0368 Legistar File ID N/A City Council Meeting Date - Agenda Item Only . N/A for Non -Agenda Item 8/14/2014 Engineering / Development Services Department Submitted Date Division / Department Action Recommendation: Approval of Change Order No. 5 for the Van Asche Drive project to add traffic signage and add water line modifications. 4520.9555.5809 Account Number 06035.2500 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Previous Ordinance or Resolution # 259-13 Original Contract Number: Comments: Budget Impact: Street Sales Tax 2013 Fund Van Asche (Garland to Gregg) Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 4,870,618.00 $ 4,724,561.29 146,056.71 $ 16,021.04 $ 130,035.67 V20140710 Approval Date: R 14 CITY OF TITIa ARKANSS MEMO To: Mayor Jordan Thru: Don Marr, Chief of Staff Jeremy Pate, Director of Development Services Chris Brown, City Engineer From: Matt Casey, Engineering Design Manager Date: August 14, 2014 Subject: Approval of Change Order No. 5 Mayor's Approval Only PROPOSAL: Van Asche Dr. from Gregg Avenue to Garland Avenue was awarded for construction to APAC-Central; Inc. in December of 2013. The construction of the improvements began on March 3 Pt and will be complete by June 2015. The original design of the intersection of Hwy 112 and Van Asche Drive was for it to be a signalized t- intersection. The AHTD has reviewed our request and has permitted the construction of the intersection improvements, but not the traffic signal at this time. As traffic increases at this intersection, traffic counts will be taken and the signal request will be resubmitted to AHTD for permitting and construction. For the interim, stop signs will be installed on all three legs of the intersection. As part of this change order, the plans have been revised to include the additional signs necessary to make this a 3-way stop condition. During construction of the water line for this project, it was discovered that proper restraints and blocking were not used on an existing fire hydrant tied to the 36" water main. This creates a dangerous condition for the adjustments required for the fire hydrant and the storm sewer construction nearby. We have requested that the contractor remove this fire hydrant and properly secure the connection. A new hydrant is already proposed near this location. It was also discovered that an existing gate valve that the contractor was going to connect to off of the 36" water line has greatly deteriorated. The Water and Sewer Division has requested that this valve be replaced as part of this project. Both of these changes will require coordination with the Water and Sewer Division to temporarily shut down the 36" water main after hours to perform this work. RECOMMENDATION: Staff recommends approval of this Change Order which will increase the contract amount by $16,021.04. BUDGET IMPACT: This project is funded by the Transportation Bond Program. Funding will be provided from the 2013 Transportation Bond Issue. Mailing Address: DEVELOPMENT SERVICES 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 FayZt�l NSAS CHANCE ORDER Contract Title Van Asche Drive - Garland Ave. to Gregg Ave. Change Order No. S Date of Issuance To Contractor: APAC.-Cenual. Inc. ORDINANcURI:SOLUTIOK 25%11 The Contract is changed as follows- Effective December 17.24t3 Bid —I Bid Previous Unit Contract Revised 11 Revised thi final Revised Contract Item Item Estimated of Unit Estimated Unit Estimated Estimated Chanps No. Description Quantity Measure Price Quantity Price Cost Cost 71 sweet Sign Installation I I EA $ 287.50 16 $ 257.50 $2,832.50 $4,120,00 U12 Remove Existing F/H and Deliver to Owner 3 EA $ 439.30 4 $ 439.3D S017.90 $1,757.20 U13 Adjust Existing Fire Hydamt to Grade I EA $ 1,389.47 0 $ 1,389.47 $1,389.47 $0.00 U15 AburKka Existing Water Valve 10 EA $ 384.71 11 $ 3B4.71 $3,847,10 S4,231.81 U37 Remove Existing 8" Gate Valve from 36" Water Main and install New 8" Gate Valve 0 LS $ 1 $ 7,042.00 $0.00 E7.432-00 UJB 111siall6" Plug on Existing 1i"x6" Reducer and install Thrust Blocking 0 LS $ 1 $ 3.585.00 S0.00 $3,5M,00 U39 Remove Installed 98 LF of 24" Steel Encasement and Reinstall at revised elevations at Sta 18+72 0 LS $ 1 $ 4,672.00 $0.00 $4,672.00 -- Summation of Cost 47A"W 1 uo,+vu— Not Cua for this Change Order $16,021.04 was The original Contract a tho....»..».............,.._........„..„„..„...„..»..„.„,„.,.,....^—•••—_,.......»..».»....,...,..M.....................................». - ........� »..».M„».„..»....»..»......'."......,........... ... .......... „...............�.� Net change by previouslysly authorized change orders ».$ 25 i68.I2 The Contract Price prior to this Change Order was „ , ., ,„,„,,, $ 4,612,618.14 The Contract Price will be jinereasedlidecreasedl by W..,........... „,...»....,............ ,W ...,„»...»..»,,.. «.,,.,.,,..,..W.»,...,.»,..,. ,.,....... .»'...»,..»»., .. The new Contract Price including this Change Order will be .. .........,„.. ». •„..•_. $ 4428,639.18 The Contract Titrte(s) will be [inereased byjideereased byffrernoin unchanged] 480 calendar day Required dates of Competion as of the date of this Change Order therefore are: »., ......_.»..„.».»».,.,...•..,,,,»,..................„..,,„ Substantial Completion . „ r_ „__ 14-Jun-15 Final Completion 14-Ju1.15 NOTL': Tidv sutrumtry doca nut n:lltwt changcs in the Coairact Nim or Tim(s) which haft bc'cn uuthurbcd Ordum APAC-CENTRAL, INC. sr y ay DATE r«n'usvorpur.1%.d in rhb or Ptetiinat Chaagw i mpg�� ' y.a c Y o�F.y ®xa n Hi 9 9b 5�8 g11 e $ nA :a Ws�Qm= s El mw _ 1 Tg�R� ®N � , . In 2 U zp �$ } i ti s - 3 g � a x .r Ell Y MY $�V� $ 5 F O 3 � +I §�g r � F o a m @r � .n CBill RVAN ASCHE DR -GARLAND AVE TO GREGG AVE ENGINEERING DIVISION e Ifs W. MOUMIM stir SIGNING AND PAVEMENT MARKING PLAN s uu HWY 112 INT. & STA. 0+00 TO STA. 5+60 -AIn i 1 'I■ E �i ■■ mom �•. ■ _ �i •i i ■ i _ ■ a m; _ ■ ■ ■ ■ ■ ■ i �i ■ ■ ■� ■ Ing mom ■ ■ i ■mm �0 ■ ■ v� i ■■ K �� r n + \ ,� �now n \� �. r ■: I1 Is man In Is Is is I� i ■ ■ i MM Elm�i I m o ao o 15, o .z w As,f]IeLr avAlrc �rmw-sr ,r�rEvw<Pv�VIL's —.. —.. — rmvp�xdnrf Ts� . � • '_ .� � `�- --. — bl."r,rrr Eat WAirm IEAYE To W MOM —var PlMMl?Ww Lam — Ir. PR,1E]A a I•Ir' —. �--r— Pm]¢stdWgpef� •• —.F aTw,eiure lilk "I � "°"` 1 �UNO —.. PmiplM7.eLTlq ulF er TPA7IN A� UCana CAP W —.. — TwfflaRa[ Ec 8•AC WRIER ` n 1 Plsu�tl VIA.m&waE T � 7 f s ' � Z_ li&V&CQ9Mkr CATE Z _r—r_....—lnporAT caatutaA EigeRitt[ iZxt'1t� YBiIAl,r C&0.1 T i it V&VAEA1AAtiA1i8V1LWW 1y.1 +I R ILl0.Yl { —. -- -- — EilYnp FAnx W1RW6TGl1E A�U� WAiER Wf y i — �. _ PipppalPerce f II r YX n mmtv�uk �Ii I� I'I # fey a 1 E%']t't Fm 9ek pMEFOX&CAPWAi%Illlk pgpwsEor ow rw..]•nsutm .x ! T =1 WA191 AFI9� i r.• Proe wq m n a Pi{aoAPegOW VTAM � ° rP mwr j ' ��.f + �: rs, •x � aa�,mn�uc � l.i Ru[audC khk gIL j rj, RxiiM.L12.0-M LEI N'Aluuw ti wiYT. WATEALFF vxaa� u ] OWN(.W4Kf ndiEAN/NAl[YN1YtlfY711Hf7 Rim PKKeD"YU! ; to S1 IMpAOWHPOR4S a'tOR WAlE3 WIE A44KftT aYE i •f IPPRRGIL B•Y INN PWIR Il 3 t I - � 9. I MATCH LINE 45+50 END DF WATER LINE CONSIRUCTION 50+50 o !I o 11 4 0 leFENGI�N�E�E!RING DIVISION 1 OLWAIN STREET Y I CONSTUCTION 18+90 BEGIN WATER LINE CCNSTRUMON 42+20 A ..�-. 9 ff g / s• 3 '.'. 8 � E F ♦� i E_�J Imo+ '. ROOSUnLT I � =w I � I a S I p I E R q py If' 7 s � I FIE MATCH LINE 45+50 VAN ASCNE DR -GARLAND AVE TO GREGG AVE WATER LINE RELOCATION PLAN MULTIPLE STATIONS ��n�-Grua,► Cie��der asa-�3 City of Fayetteville Staff Review Form 2014-0571 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Matt Casey 12/10/2014 Engineering / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: Approval of Change Order No.6 for the Van Asche Drive project to add lighting conduit and a driveway for the Bendedict property. Budget Impact: 4520 - Sales Tax Construction Bond 4520.9555.5809 4470 - Sales Tax Capital Improvements Account Number Fund 06035.2500 Van Asche (Garland to Gregg) Project Number Project Title Budgeted Item? Yes Current Budget $ 4,903,698.00 Funds Obligated $ 4,781,832.59 Current Balance F 17.1,865 4a Does item have a cost? Yes Item Cost $ 39,640.50 Budget Adjustment Attached? No Budget Adjustment # Remaining Budget 5 82,2741.S" V20140710 Previous Ordinance or Resolution # 259-13 t Original Contract Number: Approval Date: Comments: CITY OF VARKANSAS Ye MEMO Mayor's Approval Only To: Mayor Jordan Thru: Don Mart, Chief of Staff Jeremy Pate, Director of Development Services Chris Brown, City Engineer From: Matt Casey, Engineering Design Manager Adel -- Date: December 10, 2014 Subject: Approval of Change Order No. 6 PROPOSAL: Van Asche Dr. from Gregg Avenue to Garland Avenue was awarded for construction to APAC-Central, Inc. in December of 2013. The construction of the improvements began on March 3 1 " and will be complete by June 2015. This change order addresses two separate items. The first item is the installation of the conduit and pull boxes needed for the future installation of lighting along the proposed trail on the south side of Van Asche Drive. After completion of the roadway project, the City will contract for the lighting to be installed. The second item is for the installation of a driveway for Dale and Martha Benedict on Hwy 112 just west of the project. As part of the condemnation agreement between the City and the Benedicts, the existing driveway that is being closed with our project will be reconstructed further west outside the project limits. The installation of this driveway will require the removal of some trees and the placement of fill to elevate the grades to properly connect with Hwy 112. RECOMMENDATION: Staff recommends approval of this Change Order which will increase the contract amount by $39,640,50. BUDGET IMPACT: This project is funded by the Transportation Bond Program. Funding will be provided from the 2013 Transportation Bond Issue. Mailing Address: DEVELOPMENT SERVICES 113 W. Mountain Street wwwzfayetteville-ar.gov Fayetteville, AR 72701 Ta e e �e CHANGEORDER y A IR ANLAS Contract Title Van Asche Drive - Garland Ave, to Ummg Ave. Clunge Chdcr No. 6 Date of Issuance To Cantract❑r, APAC; Central, Inc. 7lre Contract is changed as follows; f 1KI 11,WNCIANS01_I1 ONr 2-IN-1.1 E;ff"livc Decemitcr 17. 201.1 Elul Bid Previous Unit Contract Revised Rcvlsed Original Reviser) C•oohact trcnr Item Fstimucel of Unit Fstimatcd Unil Estimated Estimated Chan es A'u. Ikscrf unn Qvanthy Measure Price Quantity Price Cost Cost 61 Concrete Drisewa A on% 570 SY $ 34.46 629 S 34,46 S19,642.20 S21,675.34 104 9"x 1 l" Mber la_sVPot erConcretellull flux 0 I -A $ - 47 $ 250.00 $0.00 $11.750.00 105 1 112- Conduit 0 IJr $ 3620 S 5A0 S0.00. $18.462.W 106 lFarthwotk for Wwway 0 US $ - 1 $ 5,965.00 $0.00 S5,965.00 107 1" Gracc111riveway 0 SY S 89 S 12.00 $0.00 $1,121.40 108 Relocation of 0zaAs Electric PVIC 0 EA $ - 1 S 308.98 S0.00 Sa9R.96 Summation of Cost S 19,642.20 $59,282.70 _— Net Crest for thii Chnngc Order $39A4D.50 The original Cootraci Price was — — w _ S 4,5R7.250.02 Net change by previously authorized change orders — $ 41„589.16 The Contract Price prior to this Change Order was $ 4,628•639.1 H The Contract Price will ba lincrcaaerlitdctreasedl by _— $ 39A40.50 The new Contract Price including this Change Order will he $ 4A68,279AH ....._. w......"»....".».»_»..... ...... ...... ._........_—........... — The Contract Tinx(s) will he (remlin unchanged) 480 calendar days Required dates of Corrtpcfion as of the date of this Change order Ihcrefure arc SubstantialCom Completion `�—`--- -- — »-- p ----•----------••-^_....._._........_..._.......-------- .... 14-.tun-15 -- . Hnal Completion NOTE.: ')his umimaryrk,e1 rkn wIL•ct changes in the COMW ftV or TirMsl which tuse Ixva authorLcd by Wort (ltmpc 11ir t[idc. n,r irtcnryhrnucJ in this or presinu� ['range One"'. APAC•CEN RA1„ INC. "IT )1- FRYl. ILL fly DATE fly' 6ATF U ¢ W � U 1 i o a � 11Y 'Aa,o 'ilY'�6 3 ie Trq �i I � N ,oz A— ■ 09+5 'V1S Ot 00+0 ''d1S '8 'IN I Z L 6 1JNH g q y i NVId imCNOO ONitHJn A LMM WL.M 11 'A :71 i 3nv99-WD013AWcAnnNvv-ua3u,Svnron i' NOISiAla JNM3NON A AN Alo is _ I l � 6 B •I * h V 1 J w A o x 0 XY my °O J J CL I CL I .jam I ^ Y I I BI 1� O O O O O O 09+9Z •dls M OZ+LG •dis c�ll M N1i7d 1.If1aNOO �JN11liJll ' ` NOISIIII� �NI?�33NI�N3 � � 3AV JJ3MJ Ot 3AV ONV78YO-dO 3N,SV NVA —==Jn00+£Z3NnHJ1VW 09+9i 3NnHoiww y� R Syi R ! 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WEIGHT # DESIGNITEST LOAD # ANSI TIER- W12 Bolts PCO606NA00 4 {1.8 kg} 15,000122,500 t5 Gasketed w/4 Bolts PC0608HG110 4 (1.8 kg] 15.000122,5D0 15 0 Gasketed covers and bolt grommets must be used with a gasketed box. Gaskets reduce the inflow of llulds but do not make the enclosure water tight. 41 41 ReVAS f0arkahlA WAM sulfallnnlnm_ nrnlarAahfp F7_11rr41 DESCRIPTION PART NO. WEIGHT 0 DIMENSION A DESIGNITEST LOAD # ANSI TIER" Open Bottom PCO608BA06 14 (6A kg) 8 314' (171 mm) 15.000122.560 15 Open Bottom wfGaskei PCD608BG06 14 (6.4 kg) 6 314' 1171 mm) 15.000122,500 15 Solid Bottom PC0608DA06 15 wok) 7 114" (154 mm) 15,000122,500 15 Solid Bottom w/Gasket FC0808OGoo 15 6.8 k 7 1/4" 184 mm 15,000122,500 15 Dimenslons d weights in parentheses are metric equivalent. ` Loadings comply with ANSIISCTE 77 (see page 9). APRIL 2008 16 6LMD16 CRY, SIC. Matt Casey Submitted By City of Fayetteville Staff Review Form 2015-0393 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Wyaj uaq, q - UUA k 1ki, 8/20/2015 Engineering / _ Development Services Department Submitted Date Division / Department Action Recommendation: Approval of Change Order No.7 for the Van Asche Drive project to allow for the contractor to "notch and widen" the existing roadway in lieu of removal and reconstruction and to add contract time for utility conflicts. Budget Impact: 4520 - Sales Tax Construction Bond 4520.9555.5809 4470 - Sales Tax Capital Improvements Account Number Fund 06035,2500 Van Asche (Garland to Gregg) Project Number Project Title Budgeted Item? Yes Current Budget $ 2,942,892.00 Funds Obligated $ 2,670,117.42 Current Balance $ 272,774.58 Does item have a cost? Yes Item Cost $ 12,676.90 Budget Adjustment Attached? No Budget Adjustment # Remaining Budget $ 260,097.68 V20140710 Previous Ordinance or Resolution # 259-13 Original Contract Number: Approval Date: Comments: U__ CITY OF • TaeevlIe ARKANSAS MEMO To: Mayor Jordan Thru: Don Marr, Chief of Staff Jeremy Pate, Director of Development Services Chris Brown, City Engineer From: Matt Casey, Engineering Design Manager '14C_ Date: August 20, 2015 Subject: Approval of Change Order No. 7 Mayor's Approval Only PROPOSAL: Van Asche Dr. from Gregg Avenue to Garland Avenue was awarded for construction to APAC-Central, Inc. in December of 2013. The construction of the improvements began on March 3 1 " and was originally scheduled to be complete by June 2015. This change order addresses two separate items. The first item is the addition of a bid item for an Asphalt Level Up Course and to adjust other line items to allow the contractor to "notch and widen" the existing roadway. The original plans called for the existing roadway pavement to be removed and replaced with the construction of the new roadway section. In order to expedite the project and to utilize the strength of the existing roadway, the contractor requested to leave the roadway in place and widen instead of complete removal and replacement. In order to do this, additional asphalt paving is necessary to bring the existing roadway up to the new elevations. The City will also receive credit for the excavation, earthwork and base course that is no longer necessary with this option. The contractor has also agreed to reduce the bid item for Traffic Control by $10,000 since less work is needed for this item with the notch and widen option. The second item is addition of 88 days to the contract time. Earlier this year, the contractor was significantly delayed due to the existing At&t and Centurylink phone lines that were not relocated prior to the project construction. The contractor performed work where possible, but could not continue with the storm sewer installation which was critical for meeting the contract completion date. The new date of substantial completion will be September 10, 2015. RECOMMENDATION: Staff recommends approval of this Change Order which will increase the contract amount by $12,676.90 and increase the contract time by 88 days. BUDGETIMPACT: Mailing Address: DEVELOPMENT SERVICES 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 This project is funded by the Transportation Bond Program. Funding will be provided from the. 2013 Transportation Bond Issue. The additional money for this change order will be covered by the project contingency approved by the city council for this project. 2 Ta"y'e e le ARkAnSAS Change Order No. To Contractor: APAC; Cetnral. Inc. The Contract is changed as rollows: CHANCEORDER RDER Coutrtcl Tide Van Asche Orivc - 0arland Ave. to Gregg Ave. Date of issuance I)RIdNANUFANS 1LUTIfrN: 259.1.1 Effective Decnnbcr 47, 2013 Rid Bid Previous Unit Contract Revised Rcviscd Original Revised Canlraet liern Item hstinraled of Unit Eisdntated Unh Lstimnied Estimated Changes No. Description Otransit Measure Price Quantity Nice Cost Cost 6 Unclassified Ema9alion {Plan Ouantit 29739 CY $ 4.80 27692 $ 4.80 $142.747.20 S 132.873.61) 7 SefeCi FIII Plan Ouanlii 14996 CY S 6.70 I2939 $ 6.70 $I00,473.20 $86,691,30 9 Sub rode Preparation Plan Quantity)42257 SY S 0.80 39171 $ 0.80 S33,805.60 $31.336AU 51 10' Class 7 Base Course fflan Quant[14 34077 SY $ 8.20 30991 $ 8.20 S279,431.4o S254,126.20 109 Asphalt Conetrtc Levcl UP Course 0 TON $ 1027.77 $ 70.45 SUM $72,406.40 110 '['raffle Control R Maintenance Oeducr 0 US $ I S (10.000.00) SUM -S10,000.00 III Solid Sal 0 NY S - 400 S 4.25 SOO) S1.700.00 The original Contract Price arts Net change by previously authorized change onicts 'rhe Conn aci Price prior to this Change Order was The Contract Price will be (itrcrcascd]Idccrcasedh by The new Contract Prim including this Change Order will be The Contract Tinsels) will be linereased byj}deewnsedly" e+xairwn.4rrnrgrry Rcquircd dates of Compction as of the date of this Change Omer therefore are: Sarnmalion or Cost $556.457.40 $569.134.30 Net Cost for this Change Order $12.676.90 —..�—..---.—.._.....--..__..� _ »... »...__»..»_... ..»_... .. S $1.4129.66 _.. �.—.—._..—.._—..—..—._..— _ _ _- _.. _......»..........._...._.._... S 4,60.279.68 4,668,279.68 88 calendni-days Substantial Completion II! Sew1S 1--hull Completion ..... ....... IO I)ct-15 NOTE: This swrrnrxry&K!R nor nrl-et changes in the Comraet Prim or'l-tree( t uitkh hu+r Awn nuth:rrinrl by W-V Change I th ethr, not imnrporetrtr in rhii nr Wvinor Ch age t lrti'm APAC-CENTRAL. INC. fiY DATE r