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HomeMy WebLinkAbout183-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 183-16 File Number: 2016-0403 BID NO. 16-53 BOULDER CONSTRUCTION, INC.: A RESOLUTION TO AWARD BID NO. 16-53 AND AUTHORIZE A CONTRACT WITH BOULDER CONSTRUCTION, INC. IN THE AMOUNT OF $3,753,369.40 FOR CONSTRUCTION OF PORTIONS OF THE CATO SPRINGS TRAIL FROM THE TOWN BRANCH TRAIL TO KESSLER MOUNTAIN REGIONAL PARK, TO APPROVE CHANGE ORDER NO. 1 TO REFLECT VALUE ENGINEERING ITEMS AND REDUCE THE CONTRACT AMOUNT BY $880,253.40, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $287,311.16. 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 No. 16-53 and authorizes a contract with Boulder Construction, Inc. in the amount of $3,753,369.40 for construction of portions of the Cato Springs Trail from the Town Branch Trail to Kessler Mountain Regional Park, and further approves a project contingency in the amount of $287,311.16. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves Change Order No. 1 to reflect value engineering items and reduce the contract amount by $880,253.40. PASSED and APPROVED on 10/4/2016 ��`y"'!• • Attest: :te r••. r 9 C. Pt' • �'. ANGTOS N Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 1015116 - _ City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0403 Agenda Date: 10/4/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 1 BID NO. 16-53 BOULDER CONSTRUCTION, INC.: A RESOLUTION TO AWARD BID NO. 16-53 AND AUTHORIZE A CONTRACT WITH BOULDER CONSTRUCTION, INC. IN THE AMOUNT OF $3,753,369.40 FOR CONSTRUCTION OF PORTIONS OF THE CATO SPRINGS TRAIL FROM THE TOWN BRANCH TRAIL TO KESSLER MOUNTAIN REGIONAL PARK, TO APPROVE CHANGE ORDER NO. 1 TO REFLECT VALUE ENGINEERING ITEMS AND REDUCE THE CONTRACT AMOUNT BY $880,253.40, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $287,311.16 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 No. 16-53 and authorizes a contract with Boulder Construction, Inc. in the amount of $3,753,369.40 for construction of portions of the Cato Springs Trail from the Town Branch Trail to Kessler Mountain Regional Park, and further approves a project contingency in the amount of $287,311.16. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves Change Order No. 1 to reflect value engineering items and reduce the contract amount by $880,253.40. City of Fayetteville, Arkansas Page 1 Printed on 10/5/2018 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2016-0403 Legistar File ID October 4th, 2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/19/2016 Engineering / Development Services Department Submitted Date Division / Department Action Recommendation: Approval of a Resolution awarding Bid 16-53 and authorizing a contract with Boulder Construction, Inc. in the amount of $3,753,369.40 and approving change order no. 1 in the deductive amount of ($880,253.40) making the net contract amount of $2,873,116.00 for the construction of portions the Cato Springs Trail from the Town Branch Trail to the Kessler Mountain Regional Park and approving a 10% project contingency in the amount of $287,311.16. Budget Impact: 4470.900.9470-5814.05 Account Number 02016.1405 Project Number Sales Tax Cap Imp Fund Cato Springs Trail Project Title Budgeted Item? Yes Current Budget $ 3,333,361.00 Funds Obligated $ 298,294.13 Current Balance l Does item have a cost? Yes Item Cost $ 2,873,116.00 Budget Adjustment Attached? NA Budget Adjustment Remaining Budget 1 V20140710 Previous Ordinance or Resolution # 76-16, 142-14 Original Contract Number: Comments: Approval Date: CITY OF P1 Tjr l' ARKANSAS MEETING OF OCTOBER 4, 2015 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Terry Gulley, Transportation Services Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: September 19th, 2016 SUBJECT: 2016-0403 Cato Springs Trail Construction RECOMMENDATION: Approval of a Resolution awarding Bid 16-53 and authorizing a contract with Boulder Construction, Inc. in the amount of $3,753,369.40 and approving change order no. 1 in the deductive amount of ($880,253.40) making the net contract amount of $2,873,116.00 for the construction of portions the Cato Springs Trail from the Town Branch Trail to the Kessler Mountain Regional Park and approving a 10% project contingency in the amount of $287,311.16. BACKGROUND: In June of 2014, the City was awarded a matching grant from the Walton Family Foundation for the design and engineering of the Cato Springs Trail. In August of 2014, the City Council approved resolution 142-14 for contract #2330 with Garver, LLC for design services for the Cato Springs Trail. The Cato Springs Trail will extend approximately 2.9 miles south from the Town Branch Trail starting Greathouse Park and continuing southwest along the Cato Springs Branch to the Kessler Mountain Regional Park as shown on the attached map. The trail has been designed as a 12 -foot wide concrete shared -use paved trail with pedestrian lighting. This trail will also include a bridge across the Cato Springs Branch, a bridge over the Fulbright Expressway and a tunnel under Razorback Road. The completion of the Cato Springs Trail will extend the Razorback Regional Greenway to the Kessler Mountain Regional Park and provide an active transportation route for all the residents of Northwest Arkansas to visit and enjoy the cultural and recreation amenities and beautiful natural areas in Fayetteville. As soon as the property acquisition of Kessler Mountain took place, the community began requesting a safe alternative transportation route to the new park. The Walton Family Foundation also expressed interested in the trail connection. On March 7th 2016, the City was awarded the matching grant of $2,000,000 for the construction of the Cato Springs Trail from the Walton Family Foundation recognized through Resolution 73-16. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: The design is now complete and the project has been divided into two sections for efficiency of construction. The City in-house trail construction crew has started construction on approximately 2.3 miles of the Cato Springs Trail. Bids opened on September 1St, 2016 on the remaining 0.6 -mile section of trail to be constructed by a private contractor. The contracted section includes the bridges and tunnel installation within the Arkansas State Highway and Transportation Department right of way. Four bidders responded to the request for formal bids and Boulder Construction, Inc. was the lowest responsive bidder. The bid from Boulder Construction is 14% above the engineer estimate. Based on a series of recent bids, we have found that the Northwest Arkansas construction market is currently saturated with work resulting in the higher than expected prices. Staff has negotiated Boulder Construction, Inc. to reduce the contract amount by removing many of the pay items as shown in change order 1. These items will be constructed by the in- house trail construction crew instead of the contractor to reduce the overall cost. BUDGET/STAFF IMPACT: Funds are available for this contract in the Cato Springs Trail Project. Staff accepted deductive alternate no. 1 removing the trail lighting in the amount of $536,666.95 and negotiated with the contractor to remove two bridges for a total deductive change order no. 1 amount of $343,586.45 to get the project within the budget. Attachments: Cato Springs Trail Map Bid 16-53 Bid Tabulation Change Order #1 — Signed Boulder Construction, Inc. Signed Agreement - 4y, tiyl+`a SI t (ra,', Ts Tsa-La•Gi Trail N a v e - iA .::tt•. Sf a ) - r - - - - - - - - • - -R .- - - - - - - - - - - '- - - -A - - - - - - - - - - ` - - -+ « ` 1 A F Future U ofA 1 «� Interm urals 1 . � P y ! 1 airy slew UUIIt)uucicu Section - 2.3 Miles Total 1 :•0 F I A i)------- - - - - .. F y♦ r♦ W♦ ------- -.. .,,. ° ♦I lWy� `tttti WW CITY OF ♦ 1i4 y a e le'y,eSs\paf ARKANSAS__ +rt rAl yy xwz!�`a�r L O _ N I.L ~ Greathouse Park ♦' ♦ll(! r -%@mo/ ;.+ Cato S rin s St d& ath "'� LEDGEND Walker L Park Q City Crew Constructed Sections - 2.3 Miles Contractor Constructed Sections - 0.6 Miles -- _- _ - - -- - - - -- Existing Shared -Use Paved Trails Future Shared -Use Paved Trail 0 500 1,000 2,000 3,000 4,000 5,000 Cato Springs Trail - 2.9 Miles September 2016 Feet CI Y OF {�xV 1 2 3 15 19 20 21 22 23 31 M SPEC, NO - 111 112 201 202 202 202 202 202 203 204 205 301 301 301 301 301 301 301 301 301 302 302 302 302 302 302 302 302 302 305 305 401 401 40E DESCRIPTION Roadway Construction Control Trench and Excavation Safety Systems Clearing, Grubbing, and Demolition Undercut and Backfill Rock Excavation Unclassified Excavation (Plan Quantity) Select Embankment (Plan Quantity) Embankment (Plan Quantity) Subgrade Preparation (Plan Quantity) 4" Topsoil Placement (Yard Areas) Undercut and Stone Backfill 18" Class III R C. Pipe 30" Class III R.C. Pipe 36" Class III R.C, Pipe 45"X29" Class III R,C, Pipe 36" C.M. Pipe 18" R.0 Flared End Section 36" R.C. Flared End Section 45"X29" R.C. Flared End Section 36" C.M. Flared End Section 4' Drop Inlet (AHTD Type MO) 5' Drop Inlet (AHTD Type MO) 3'X4' Drop Inlet (AHTD Type RM) 4' Junction Box (AHTD Type ST) 6' Junction Bax (AHTD Type ST) 3'X5' Junction Box (AHTD Type ST) 3'X2' Junction Box (AHTD Type E) 4' Drop Inlet Extension 8' Drop Inlet Extension Channel Excavation (Plan Quantity) Erosion Control Fabric 5" Aggregate Base Course 4" Aggregate Base Course Asphalt Concrete Hot Mix Patching of Existing Roadway UNIT L5 LS CY CY CY CY CY 5Y SY Ton LF LF LF LF LF EA EA EA EA EA EA EA EA EA EA EA EA EA CY SY SY SY To ; ESTIMATED 1 1 300 50 2,860 2,406 5;400 4,215 10,520 7;465 1,080 199 73 169 30 4 1 2 1 6 3 1 3 2 2 1 5 5 1,610 795 600 3,615 4S AYETTEVILLE, ARKAN CITY OF F Bid 16-53, Coi IAL BID TABULATION OFFIC 4:00 BID OPEP ENGINEER'S ESTIMATE UNIT PRICE PRICE AMOUNT $ 13,000 00 $ 13,000.00 $ 15,00000 $ 15,000 00 40,000.00 $ 40,000,00 $ 22.75 $ 6,825.00 $ 45.00 $ 2,250-00 $ 7.50 $ 21,450.00 $ 10.50 $ 25,200,00 $ 6,00 $ 32,400.00 $ 1.50 $ 6,322.50 $ 2.25 $ 23,670.00 $ 21.50 $ 160,497.50 $ 45.00 $ 48,600.00 $ 59.00 $ 11,741.00 $ 82,50 $ 6,022.50 $ 12500 $ 21,125.00 $ 101,00 $ 3,030.00 $ 1,145.00 $ 4,580.00 $ 1,675.00 $ 1,675.OD $ 2,050,00 $ 4,100.00 $ 1,05000 $ 1,050,00 $ 2,650,00 $ 15,900.00 $ 3,115.00 $ 9,345-00 $ 2,400-00 $ 2,400.00 $ 3,700.00 $ 11,100.00 $ 4,500.00 $ 9,000.00 $ 3,500.00 $ 7,000,00 $ 2,400,00 $ 2,400.00 $ 615.00 $ 3,075.00 $ 11850.00 $ 9,250..00 $ 11.50 $ 18,515X0 $ 3750 $ 29,812 50 $ 5:00 $ 3,000.00 $ 4.75 $ 17,171.25 5 85-00 5 3.825.00 AYETTEVILLE, ARKAN istruction - Cato Spri( IAL BID TABULATION LING: 9/1/2016; 4:00 Boulder Construction Inc UNIT $ 5,000.00 PRICE AMOUNT $ 10,00000 $ 10,000.00 $ 6,500 00 $ 6,50000 $ 68,500.00 $ 68,500.00 $ 26.00 $ 7,80000 $ 14300 $ 7,150.00 $ 14.25 $ 40,755,00 13.25 $ 31.,80000 $ 10.50 $ 56,700.00 $ 4.50 $ 18,967.50 $ 4,25 $ 44,710.00 $ 31.50 $ 235,147.50 $ 58.85 $ 63,558.00 $ 117.00 $ 23,283 00 $ 22100 $ 16,133,00 $ 198,00 $ 33,462.00 $ 140.00 $ 4,200.00 $ 1,120.00 $ 4,480.00 $ 2,890.00 $ 2,890 -OD $ 2,645.00 $ 5,290.00 $ 2,020.00 $ 2,020.00 $ 3,205.00 $ 19,230.00 $ 4,700.00 $ 14,100.00 $ 5,710.00 $ 5,710.00 $ 3,495.00 $ 10,485.00 $ 5,325.00 $ 10,650.00 $ 3,675.00 $ 7,350.00 $ 3,675.00 $ 3,675.00 $ 2,580.00 $ 12,900 00 $ 2,950X0 $ 14,750 00 $ 16.00 $ 25,760.00 $ 1610 $ 12,799.50 $ 14,25 $ 8,550.00 $ 8.75 $ 31,631.25 $ 345.00 $ 15,525,00 SAS tlgs Trail PM Crossland Heavy UNIT PRICE $ 29,000 00 S 5 500:00 $ $ 32,000.00 $ $ 23.00 $ $ 160.00 $ $ 1200 $ $ 12.00 $ $ 15,50 $ $ 1,00 $ $ 3.00 $ $ 30.00 $ $ 46.00 $ $ 107.00 $ $ 150.00 $ $ 145.00 $ $ 115.00 $ S 950.00 $ $ 1,700.00 $ $ 2,300.00 $ $ 1,500.00 $ $ 3,500.00 $ $ 5,100,00 $ $ 6,300,00 $ $ 31800,00 $ $ 5,800.00 $ $ 4,00000 $ $ 4,000-00 $ $ 1,300.00 $ $ 1,700.00 $ $ 12.00 $ $ 11.00 $ 5 10,00 $ $ 9.00 $ $ 326,00 $ AMOUNT 29,000 00 500-00 32,000.00 6,900-00 8;000.00 34,320-00 28,800.00 83,70000 4,215.00 31,560.00 223,950.00 49,680.00 21,29300 10,950.00 24,505.00 3,450.00 3,800.00 1,700.00 4,600.00 1,500.00 21,000.00 15,300.00 6,300,00 11,400-00 11,600.00 8,000.00 4,000.00 6,500.00 8,500,00 19,320.00 8,745.00 6,000.00 32,535.00 14,670,00 Certification of Funds: $2,800,000 Max Bid Award Limit: $3,500,000 Sweetser Construction Inc UNIT PRICE AMOUNT 4 20,000.00 $ 20,000100 5 5100000 $ 5,000.00 10,000.00 $ 10,000.00 $ 24.00 $ 7,200.00 $ 250,00 $ 12,500 00 $ 18,00 $ 51,480.00 $ 18.00 $ 43,200.00 1800 5 97,200,00 $ 3.00 $ 12,645.00 $ 2X0 $ 21,040.00 $ 28,00 $ 209,020,00 $ 49,50 $ 53,460-00 $ 105,00 5 20,895.00 $ 158.25 $ 11,552,25 $ 223.50 $ 37,771.50 $ 132,00 5 3,960,OC $ 600,00 5 2,400,010 $ 1,700,00 $ 1,700.012 $ 2,295,00 $ 4,590,OC $ 950.00 $ 950.00 $ 3,50000 $ 21,000,OC $ 3,700.00 $ 11,100.0c $ 2,200 00 $ 2,200.Oc $ 4,600.00 $ 13,800,OC $ 4,800.00 $ 9,600.00 $ 4,600.00 $ 9,200.00 $ 2,60000 $ 2,600.0C $ 700.00 $ 3,500.0( $ 1,400.00 $ 7,0000( $ 18.00 $ 28,980.0C $ 15.00 $ 11,925.0( $ 7.50 $ 4,SOO.00 $ 6.00 $ 21,690.0( $ 330,00 $ 14,850.0( Tri Star Contractors LLC UNIT PRICE AMOUNT $ 60,000 00 5 60,000 00 S 10,000 00 $ 10,000.00 5 40,00000 $ 40,000 00 $ 36.00 $ 10,800,00 $ 125.00 $ 6,25000 $ 18,00 $ 51,480.00 $ 2200 $ 52,800,00 $ 22.00 $ 118,800,00 $ 2.50 $ 10,537.50 $ 5.00 $ 52,600.00 5 48,00 $ 358,320,011 $ 50.00 $ 54,000,00 $ 80.00 $ 15,920.00 $ 95,00 $ 6,93500 $ 120.00 $ 20,280,00 $ 90.00 $ 2,700.00 $ 700.00 $ 2,800.00 $ 11520.00 $ 1,520.00 $ 1,890.00 $ 3,780.00 $ 1,200.00 $ 1,200.00 $ 3,500.00 $ 21,000.00 $ 5,500.00 $ 16,500.00 $ 4,500,00 $ 4,500,00 $ 3,450.00 $ 10,350.00 $ 5,800.00 $ 11,6DO.00 $ 5,400,00 $ 10,800.00 $ 4,300,00 $ 4,300-00 $ 1,200.00 $ 6,000.00 $ 2,400,00 $ 12,000.00 $ 36.00 $ 57,960.00 $ 18.00 $ 14,310.00 $ 9.00 $ 5,400.00 $ 7 75 $ 28,016.25 $ 250,DO $ 11,250.00 Garver Project 11047140 7 1 69 70 71 72 73 SPEC. UNIT $ 32.50 NO, DESCRIPTION UNIT 501 Concrete Curb and Gutter LF 502 4" Thick Concrete Sidewalk SY 503 Asphalt Driveway SY $ 4.00 Cast In -Place Concrete Retaining CY 504 Wall $ 2,101,00 505 Seeding and Mulching Acre SOS Solid Sod SY 505 Additional Watering MG 507 4" Pavement Marking LF $ 315.00 (Thermoplastic) S 1,634,00 $ 205.00 24 Pavement Marking $ 30.00 507 (Thermoplastic) LF 507 Pavement Symbols (Thermoplastic) EA $ 1,924.00 4" Pavement Marking (Reflectorized LF 507 Paint) 508 Street Sign Installation EA 509 Erosion Control LS 510 Traffic Control and Maintenance L5 511 Mobilization LS (not to exceed 5% of contract price) 513 Cast -in -Place Detectable Warning SF Panel 517 Tree Protection Fencing LF SP -8 4" Thick Concrete Trail SY SP -8 6" Thick Concrete Trail SY SP -7 Concrete Island SY Permanent Pavement Repair (AHTD SY SP -10 Section) SP -12 Guard Rail LF SP -3 Bridge No. 1 Construction LS SP -4 Bridge No.2 Construction LS SP -5 Bridge No, 3 Construction LS SP -4 Tunnel Construction LS SP -40 Steel Piling LF SP -36 Coring Drilled Shaft CY SP -37 Drilled Shaft (60" Diameter) LF SP -6 Modular Block Gravity Retaining Wall SF SP -17 Railroad Protective Shelter LS SP -11 Decorative Fence LF SP -11 Wire Fence (AHTD Type A) LF SP -19 4" Thick Colored Concrete SY SP -14 Trail Sign Installation EA Thermoplastic Pavement Marking SY SP -9 Pattern SP -18 Native Stone Riprap CY SP -18 Concrete Riprap CY SP -18 Riprap CY ESTIMATED 2,035 50 152 107 1.8 1,960 118 1,910 74 2 1,798 21 1 1 1 96 1,000 2,946 270 101 660 426 d 1 1 d 316 19 74 4,975 1 727 35 43 18 5D 65 98 52 ENGINEE'R'S EST)MA7E UNIT $ 32.50 PRICE AMOUNT $ 9.50 $ 19,332-50 $ 32.50 $ 1,625.00 $ 27.50 $ 4,180.00 $ 525,00 $ 56,175,00 $ 1,750.00 $ 3,15000 $ 4.00 .8 7,840.00 $ 8.00 $ 944.00 $ 1.10 $ 2,101,00 $ 12.00 $ 888,00 $ 170.00 $ 340.00 $ 0.45 $ 804,60 $ 245.00 $ 5,145.00 $ 20,000.00 $ 20,000.00 $ 75,000.00 S 75,D00.00 5 45,048.40 $ 45,048.40 $ 32.00 $ 3,072.00 $ 7,00 $ 7,000.00 $ 32.50 $ 95,745.00 $ 38.00 $ 10,260.00 $ 52.50 $ 5,302,50 $ 95.00 $ 62,700.00 $ 27.50 $ 11,715 00 $ 60,953.00 $ 60,953,00 $ 602,685.00 $ 602,885.00 5, 283,92040 5 283,920.00 S 214,979.00 $ 214,979.00 5 65.00 $ 20,540.00 $ 170.00 $ 3,230.00 $ 1,125,00 $ 83,250.00 $ 51.45 $ 255,963,75 $ 27,500,00 5 27,500.00 $ 5100 $ 38,531.00 $ 9.00 $ 315.00 $ 38.00 S 1,634,00 $ 205.00 $ 3,690.00 $ 30.00 $ 1,500.00 $ 75.00 $ 4,875.00 $ 37500 $ 36,750.00 $ 37.00 $ 1,924.00 Bautder Construction Inc UNIT $ 50.25 PRICE AMOUNT $ 26.00 $ 52,910.00 $ 72.00 $ 3,600.00 c 46.50 $ 7,068,00 $ 740,00 $ 79,180.00 $ 2,425.00 $ 4,365,00 $ 4.10 $ 8,036.00 5 9.00 $ 1,06200 $ 4-40 $ 8,404.00 $ 27.50 $ 2,035.00 $ 1,100,00 $ 2,200.00 $ 3.30 $ 5,90040 $ 330.00 $ 6,930,00 $ 13,500,00 $ 13,50000 $ 39,000.00 $ 39,000.00 $ 183,650.00 $ 183,650.00 $ 35,00 $ 3,360.00 5 3.50 $ 3,500,00 $ 50.25 $ 148,036.50 S 56.30 $ 15,201.00 $ 85.00 $ 8,585.00 $ 44.00 $ 29,040.00 $ 66.00 $ 28,116.00 $ 92,580.00 $ 92,580.00 $ 351,455.00 $ 351,455.00 $ 229,430,00 $ 229,430.00 $ 263,708 00 $ 263,708.00 $ 137.00 $ 43,292.00 $ 110.00 $ 2,090.00 $ 1,206.75 $ 89,299.50 $ 63.50 $ 315,912.50 $ 44,290.00 $ 44,290,00 $ 82.50 $ 59,977,50 $ 49.50 $ 1,732.50 $ 57 50 $ 2,472.50 $ 550,00 $ 9,900.00 $ 154.00 $ 7,700.00 $ 38.50 $ 2,502-50 $ 450.00 $ 44,100.00 $ 38.50 $ 2,002.00 Crossland Heavy UNIT PRICE i 1800 $ 54.00 $ > 52.00 $ i 970.00 $ j 3,800.00 $ > 3.00 $ > 8,00 $ > 2 50 $ 23.00 $ j 880.00 $ j 1.00 $ i 185.00 $ 24,000.00 $ 14,000.00 $ > 200,000 00 $ $ 2900 $ $ 3.00 $ $ 42.00 $ $ 64.00 $ $ 54.00 $ $ 86.00 $ $ 70-00 $ $ SS1,ODO.00 $ $ 609,000,00 $ $ 301,000.00 $ $ 244,000.00 $ $ 91.00 $ $ 543.00 $ $ 1,35000 $ $ 51.00 $ $ 215,000.00 $ $ 59.00 $ $ 85.00 $ $ 64.00 $ $ 185.00 $ $ 160,00 $ $ 102.00 $ $ 625.00 $ $ 79.00 $ 36,630.00 2,70000 7,904.00 103,790.00 6,840,00 5,880.00 944.00 4,775.00 1,702.00 1,760.00 1,788.00 3,885.00 24,000 00 14,000.00 200,000.00 2,78400 3,000.00 123,732.00 17,280.00 5,454.00 56,760.00 29,820.00 151,000.00 609,000.00 301,000.00 244,000 00 28,756.00 10,317.00 99,900.00 253,725.00 215,000 OD 42,893.00 2,9754D 2,752.00 3,330.00 8,000,00 6,630.00 61,250.00 4,108.00 Sweelaer construction Inc UNIT PRICE AM, OUNT $ 18.00 $ 36,630.00 $ 75.00 $ 3,750.00 $ 49.50 $ 7,524.00 $ 930.00 $ 99,510.00 $ 3,200.00 $ 5,760,00 $ 4.50 $ 8,820..00 5 15.00 $ 1,770.00 4,40 $ 8,404.00 $ 27.50 $ 2,035 00 $ 1,100.00 5 2,200,00 $ 3,30 $ 5,900,40 $ 33D,00 $ 6,930.00 $ 42,000.00 $ 42,000.00 $ 36,000.00 $ 36,000.00 $ 180,00000 $ 180,000.00 $ 20.00 $ $ 5.00 $ $ 4200 $ $ 54.00 $ $ 75.00 $ $ 140.00 $ $ 75.00 $ $ 151,730.00 $ $ 905,800.00 $ $ 402,500.00 $ $ 272,000.00 $ $ 210.00 $ $ 200.00 $ $ 94500 $ $ 82.50 $ $ 132,000.00 $ $ 75.00 $ $ 80.00 $ $ 64,00 S $ 55000 S $ 150.50 $ $ 120.00 $ $ 75.00 $ $ 75.00 $ 1,920.00 5,000.00 123,732.00 14,580.00 7,575.00 92,400.00 31,950.00 151,730.00 905,800,00 402, 50000 272,000.01) 66,360.00 3,800.00 69,930.00 410,437.50 132,000,00 54,525.00 2,800.00 2,752.00 9,90000 7,525.00 7,80000 7,350.00 3.900.00 Tri StartnntractorS LLC UNIT PRICE AMOUNT $ 14,00 $ 28,490.00 $ 36.00 $ 1,800.00 $ 10000 $ 15,200-00 $ 500.00 $ 53,500.00 $ 1,735.00 $ 3,123,00 $ 3,75 $ 7,350.00 $ 59.00 $ 6,962.00 $ 4.40 $ 8,404,00 $ 27.50 $ 2,035.00 $ 1,100.00 $ 2,200.00 $ 3.30 $ 5,900.40 $ 330.00 $ 6,93000 $ 35,000.00 $ 35,000.00 $ 55,000.00 $ 55,000,00 5 59,000,00 $ 59,000.00 $ 62.50 $ $ 700 $ $ 36,00 $ $ 54.00 $ $ 14.00 $ $ 150.00 $ $ 66.00 $ $ 138,240,00 $ $ 952,340.00 $ $ 258,126.00 $ $ 217,600,00 $ $ 75 DO S $ 1,000.00 5 $ 11200.00 S $ 84.10 $ $ 96,950.00 $ $ 82.00 $ $ 50.OD 5 $ 72.00 $ $ 55000 $ $ 55.00 $ $ 100,00 $ $ 300.00 $ $ 98.00 $ 6,000.00 7,000.00 106,056.00 14,580.00 1,414.00 99,000.00 28,116,00 138,240 00 952,340.00 258,126,00 217,600.00 23,700,00 19,000.00 88,800.00 418,397,50 96,950.00 59,614,00 1,750,00 3,096.00 9,900.00 2,750,00 6,500.00 29,400.00 5,096,00 2 01 Z Garver Project 11047140 Garver Project 11047140 ENGINEER'S ESTIMATE Boulder Construction Inc Crossland Heavy Contractors Inc Sweetser Construction Inc TO Star Contractors LLC ITEM SPEC, ESTIMATED UNIT UNIT UNIT UNIT UNIT NO.. NO, DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 74 SP -16 Concrete Ditch Paving $Y 35; $ 30.00 $ 10,590 00 < 103.00 $ 36,359.00 $ 57.00 $ 20,121-00 5 75.00 5 26,475.00 5 100.00 $ 35,300.00 75 SP -35 Impact Attenuation Barrier (Type A) SY 40 $ 9800 $ 3,920.00 $ 390.00 $ 15,600.00 $ 29500 $ 11,800.00 $ 330.00 5 13,200.00 $ 550.00 $ 22,000.00 76 SP 33 Light Fixture, Type A, Installed on EA 129 $ 3,000 00 $ 384.000,00 S 3,352 41) $ 429,107.20 $ 3,650-00 $ 467,200.00 S 3,450.00 $ 441,600.00 5 3,118.53 $ 399,171.84 Pole 77 Light Fixture, Type A, installed on SP -33. Bridge, without Foundation and EA a 4 2,725.00 $ 10,900.00 c 3,337.80 $ 13,351.20 $ 3,630.00 $ 14,520.00 $ 3,400.00 $ 13,600.00 S 3,105,00 $ 12,420.00 Handho!e 78 Light Fixture, Type A, Installed on SP -33 Modified Pole EA 3 $ 3,000.00 $ 9,000.00 $ 2,276.85 $ 6,830.55 $ 3,650.00 $ 10,950 00 $ 3,450.00 5 10,350 00 $ 3,118.00 $ 9,354.00 79 SP -33 Light Fixture, Type B, Installed EA 7 $ 1,300.00 $ 9,100.00 $ 964.25 $ 6,749.75 $ 1,050.00 $ 7,350.00 $ 990.00 5 6,930-00 $ 897-00 $ 6,279-00 SO SP -26 Electrical Handhole, 11" x 9" EA 26 $ 250.00 $ 7,000.00 $ 242.80 $ 6,79840 $ 270.00 $ 7,560.00 $ 250.00 S 7,000.00 $ 340.00 $ 9,520.00 81 Non -Encased Schedule 40 PVC, 2" SP 26 ix 1,800 S B.00 $ 14,400.00 $ 4.99 $ 5,982.00 $ 5.50 $ 9,900.00 $ 5.25 $ 9,45000 S 7.25 S 13.050.00 Diameter, Installed in Trench 82 Galvanized Rigid Steel Conduit, 2" SP -26 LF700 $ 20.00 $ 14,000.00 $ 23,30 $ 16,310.,00 $ 26.00 $ 18,200.00 $ 2500 $ 17,500.00 S 41.25 $ 28,875.00 Diameter, Exposed 83 PVC Coated Glavanized Rigid. Steel SP 26 LF 50 $ 23.00 $ 1,150.00 $ 51.15 $ 2,557.50 $ 56.90 $ 2,845.00 $ 53.00 $ 2,650.00 $ 51.00 $ 2,550,00 Conduit, 2" Diameter 84 SP -34 Directional Bore 1-Way2"C LF 130 $ 40.00 $ 5,200-00 $ 20.65 $ 2,684.50 $ 22.50 S 2,925.00 $ 21.50 $ 2,795.00 $ 25.00 $ 3,250,00 85 SP -23 No. 2 AWG Copper Conductor LF 20,000 $ 2.50 S 50,000 00 $ 1,40 $ 28,000.00 $ 1.50 5 30,000.00 $ 1.50 $ 30,000.00 $ 1.29 $ 25,800.00 86 SP -23 No -3 AWG Copper Conductor LF 150 $ 2.20 S 330,00 $ 125 $ 187.50 $ 1.40 $ 210.00 $ 140 $ 210.00 $ 1.18 $ 177.00 87 SP -23 No -4 AWG Copper Conductor LF 39,000 $ 2.00 5 78,000.00 $ 1.05 $ 40,950.00 $ 1,15 S 44,850.00 $ 1,.25 $ 48,750.00 $ 099 $ 38,610,00 88 SP -23 No. 10 AWG Copper Conductor LF 1,800 $ 1.00 S 1,800.00 $ 0.54 $ 972.00 $ 0.60 S 1,080.00 $ 0.75 $ 1,350.00 $ 0.80 $ 1,44000 89 SP -30 Electrical Service Pedestals EA 1 $ 6,000.00 S 6,000.00 $ 3,506.25 $ 3,506.25 $ 3,800,00 $ 3,800.00 $ 3,600.00 $ 3,600.00 $ 3,948.56 $ 3,94&56 90 Electrical Service Pedestals, with SP 30 EA Transformer 2 $ 10,000.00 $ 20,000.00 $ 3,506.25 $ 7,012.50 $ 3,800.00 5 7,600.00 $ 3,60000 $ 7,200.00 $ 3,948.55 $ 7,897.10 91 - Insurance and Bonding LS 1 $ - S - $ 34,826 40 $ 34,826.40 $ 79,000 00 S 79,000.00 $ 58,500.00 $ 58,500.00 $ 79,000,00 $ 79,000,00 TOTAL BASE 010 $ 3,296,530 00 $ 3,753,369.40 $ 4,218,268.00 $ 4,725,168.65 5 4,677,671.15 *DEDUCTIVE ALTERNATE#1 OF 1 $ 569,130 00 $ 536,666.95 $ 587,560.00 $ 563,590 00 $ 505,097.50 'Sum of items 76, 77, 78, 79, 85, 86 87, 88, 89, and 90 listed above TOTAL BASE BID LESS DEDUCTIVE ALTERNATE#1 $ 2,727,400.00 $ 3,216,702.45 $ 3,630,708.00 S 4,161,578.65 $ 4,172,573.65 "Highlighting Notes Corrected Calculation Error CERTIFIED: I Atullea`Rottnip, CPPD, CPPO, Purchasing Manager Witness Date Garver Project 11047140 CITY OF Ta'ovlyoIl ARKANSAS Change Order No. To Contractor: Boulder Construction, Inc CHANGE ORDER Contract Number Contract Title Cato Springs Trail [aid 16-53 Date of Issuance September l9, 2016 ORDINANCE/RESOLUTION: The Contract is changed as follows: Items A-V are included in this change order as deducts to reduce the overall price. These items will be constructed by the In-house trail construction crew. Item T covers the additional cost for General Condition cost incured by the contractor with the removal or reduction of Items A-V. Item X is added to provide a deduct price for each retaining wall block not installed. Contract Changes Item No. Bid Item Description Previous Fstirrated uantily Unit of Meifsurn Contract Unit Price Revised Estimated Quantity Revised Unit Price Original Estimated Cost Revised Estimated Cost A, 30 Channel Excavation 1,610.00 CY $16.00 0,00 50.00 525,760.00 $0.00 B. 31 Erosion Control Fabric 795.00 SY $16.10 0.00 50.00 $12,799.50 $0,00 C. 42 4" Pavement Marking Thermo lastie 1,910.00 LF $4.40 0.00 5000 $8,40400 $0.00 D 43 24" Pavement Marking Thermo tic 74.00 LF $27,50 1 0.00 50.00 $2,035.00 $0.00 E 44 Pavement Symbols Thermo lip 200 EA $1,100.00 0.00 $0.00 $2,20000 $0.00 F. _ 45 4" Pavement Marking (Reflectorized Paint) 1,788.00 LF $330 000 $0.00 $5,900.40 $0.00 G 46 Street Sign Installation 21.00 EA $33000 0.00 50.00 $6,930.00 $0.00 H. 57 Bridge No. 1 Construction 1.00 LS $92,580.00 0.00 50.00 $92,580.00 $000 1. 59 Bridge No_ 3 Construction 1.00 LS $229,430.00 0.00 $0.00 5229,430.00 $0.00 i. .69 Trail Sisnu Installation 18.00 EA $550,00 0.00 S000 $9,900.00 $0.00 K 70 T1 ennoplastic Pavement Marking Patten 50.00 SY $154,00 0.00 50.00 $7,700.00 $0.00 L. 76 Light Fixture, Type A, Installed on Pole 128.00 SY $3,352,40 0.00 $0.00 S429,10720 $0.00 M. 77 Light Fixture, Type A, Installed on Bridge, without Foundation and Handhole 4.00 SY $3337.80 0.00 $0.00 $13,351.20 $0.00 N. 78 Light Fixture, Type A, las;Wled on Modified Pole 3.00 SY S2,276.85 0.00 50.00 $6.830.55 $0.00 O. 79 Light Fixture, Type B, Installed 7.00 CCY $964.25 0.00 50,00 56,749.75 $0.00 P. 85 Ne_ 2 AWG Copper Conductor 20,000.00 LF 51.40 000 S000 $28,000.00 $000 Q. 86 No. 3 AWG Copper Conductor 150.00 LF 51.25 000 S000 $187 50 $000 R 87 No. 4 .AWG Copper Conductor 39,000.00 LF $1.05 0.00 50.00 540.950.00 $0,00 S. 88 No. 10 AWG Copper Conductor 1,800.00 LF $0.54 0.00 $0.00 $972.00 5000 _ T. 89 Electrical Service Pedestals 1,00 EA I 53:506.25 000 50.00 $3.506.25 $0.00 LI. 90 Electrical Service Pedestals, with Transformer 2.00 EA 53,50625 0.00 SO.00 $7.012.50 $0.00 V. CO1.01 General Conditions LS $0.00 1 00 $60.052.45 $0.00 560,052.45 W_ CO1.02 Deduct Modular Block Retaining Wall (Not Installed) SF $0.00 S38.00 50.00 $0.00 Summation of Cost $940,305.85 $60,052.45 Net Cost for this Change Order (Original Minus Revised Cost) (5880,253.40) Not valid until signed by the Owner The original Contract Price was S 3,753,369.40 Net change by previously authorized change orders 5 - Tbe Contract Price prior to this Change Order was S 3,753,369.40 The Contract Price will be decreased by •w _ ry �m �W 5 (880 253.40) The new Contract Price including this Change Order will be ww„......................... .,..._ S 2,873,116.00 NOTE: This euni ry does not reflect changes in the Contract Price or Time(s) which have been authorized by Wotk Change Directives not inem porated in this or pqt Ions Change Orders. s BY V [ }r / DA I E Boulder C'onst+vctio]lrir11_ ?• 1? ./Ip BY DATE BY DATE Boulder Construction General Contractors 1423 West Cato Springs Road Fayetteville, AR 72701 Phone: 479-521-8881 Fax: 866-755-7812 FEIN: 90-0278939 www.boulderconst.com office@boulderconst.com Cato Springs Trail in Fayetteville, Arkansas September 19, 2016 Request for Contract Item Change "V" of Change Order Number 1 Justification for General Conditions Change Order Item: • General Conditions are overhead job costs that are associated with the General Contractors duration on the job site and are costs not covered by Mobilization Expense. • Profit is not a component of General Conditions. • General Conditions costs can only be reduced by reducing the General Contractors duration on the job site and not simply by reducing the scope of work. • General Conditions costs are generally distributed to any fixed or lump sum bid tab item. • Any bid tab item that is a unit price does only reflect the cost of the work and adequate profit to do the work but not the cost of general conditions. • General Conditions costs are not distributed to Deductive Change Order bid tab items unless the Deductive Change Order reduces the contractors duration on site. • The micropile foundation system unique to Bridge Number 1 & Bridge Number 3 allowed Boulder Construction to schedule their construction to be simultaneous with Bridge 2. To eliminate Bridges 1 & 3 from Boulder Constructions scope of work does not reduce Boulder Construction's duration on site. • With approval of Change Order No. 1, the Contractors scope of work will be limited to only the section within AHTD right of way from Station 48+20 to 71+55 and the railroad canopy at station 94+00. Based on the reasons described above, Boulder Construction, Inc. hereby requests that the general conditions item be added to the contract documents through change order no. I item "V" Ron Troutman, President Boulder Construction, Inc, Items included but not limited to the General Conditions costs projected for Cato Springs Trail in Fayetteville Arkansas: Boulder Construction (J i,cr;r((:u1uract;�E) DESCRIPTION QTY UNIT TOTAL Project Manager 22 WEEKS Home Office Administration 14 WEEKS Project Superintendent 39 WEEKS Field Truck Allowance 39 WEEKS General Superintendent 39 DAYS Field Truck Allowance 39 DAYS Field Office/C-crate 39 WEEKS Temporary Toilet Service 39 WEEKS Jobsite Phone Service 39 WEEKS Temporary Electric/Generator/Fuel 39 WEEKS Safet Total Cost of General Conditions for Cato Springs Trail $262,736.00 The General Conditions Costs applied to all associated costs for Bridge Number 1 and Bridge Number 3 Construction is $60,052.45. Contract Item Change "V" of Change Order Number 1 - $60,052.45 Ron Troutman, President Boulder Construction, Inc. DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: CATO SPRINGS TRAIL - FAYETTEVILLE REGIONAL PARK TO TOWN BRANCH TRAIL ContractNo.: cQOftUOOOOOOO THIS AGREEMENT is dated as of the 4+hday of ,Y in the year 20iW by and between The City of Fayetteville, Arkansas and Boulder Construction, Inc. hereinafter called Contractor). ARTICLE 1- WORK 1.01 Contractor shall compete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The project includes, but not limited to, the construction of Cato Springs Trail from the Fayetteville Regional Park to Town Branch Trail near Greenhouse Park. Sections of the trail will be excluded from this Contract and will be constructed concurrently by the City of Fayetteville. The Contract consists of approximately 0.53 -mile of 12' wide concrete trail, a 12'x10' tunnel under Highway 112 with retaining walls on ramped approach, 3 prefabricated pedestrian bridges, 1 crossings under existing roadway bridges with retaining walls, installation of a protective canopy under a railroad trestle, 170 linear feet of channelization, underground drainage, drainage swales, curb and gutter, and miscellaneous related items. The contract includes work in AHTD Right -of -Way and work in City of Fayetteville Right -of -Way. ARTICLE 2- ENGINEER 2.01 The Project has been designed by the City of Fayetteville, Engineering Division, who is hereinafter called Engineer. The Engineer assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 00500 Agreement 00500 - 1 Garver Project No. 14047100 Cato Springs Trail 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 245 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 275 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 involving lane closures within the AHTD right- of-way is Substantially Complete. Additionally, 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 remainder of the Work is 00500 Agreement 00500 - 2 Garver Project No. 14047100 Cato Springs Trail DOCUMENT 00500 — AGREEMENT (continued) 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 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. 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 00500 Agreement 00500-3 Garver Project No. 14047100 Cato Springs Trail DOCUMENT 00500 — AGREEMENT (continued) recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). b. 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. 00500 Agreement 00500 -4 Garver Project No. 14047100 Cato Springs Trail DOCUMENT 00500 — AGREEMENT (continued) 2. Upon Substantial Completion, The City of Fayetteville shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract, Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. 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. 13. 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 00500 Agreement 00500-5 Garver Project No. 14047100 Cato Springs Trail DOCUMENT 00500 — AGREEMENT (continued) relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of 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. 00500 Agreement 00500 - 6 Garver Project No. 14047100 Cato Springs Trail DOCUMENT 00500 — AGREEMENT (continued) 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. 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: I. 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. 00500 Agreement 00500-7 Garver Project No. 14047100 Cato Springs Trail DOCUMENT 00500 — AGREEMENT (continued) 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: CATO SPRINGS TRAIL 8. Addenda numbers one I to 4, inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. 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. 00500 Agreement 00500-8 Garver Project No. 14047100 Cato Springs Trail DOCUMENT 00500 — AGREEMENT (continued) 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. OTHER PROVISIONS: Not Applicable. 00500 Agreement 00500 - 9 Garver Project No. 14047100 Cato Springs Trail 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. BOULDER CONS'1'RIJCTION. TNC. By: Title: �1 ►v' p l t o 4_ • 20 ( which is the Title: c 1 r ,' °2=" BEVERLY BLOUNT 1 e • ' ,�..,�Xf. (SI .� _� .„�`:. MY COMMISSION # 12371451 SEAL ? = EXPIRES: June 5, 2019 (SEAL) . FAY r q: Wasi ingion County � , �Vr L t � Attest Attest C 4 N k'' ' � �• Address for giving nd ices Address for giving notices � !'��'�►►i► iitiN�,�► �`�� License No. _ 01L_ Agent for Service of process (If Contractor is a corporation, attach evidence of authority to sign.) (attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) Approved As to Form: (2 By - Attorney For: — _ ✓t L 00500 Agreement 00500- 10 Garver Project No. 14047100 Cato Springs Trail DOCUMENT 00500 — AGREEMENT (continued) END OF DOCUMENT 00500 00500 Agreement 00500- 11 Garver Project No. 14047100 Cato Springs Trail B-1207276 THE CINCINNATI INSURANCE COMPANY Performance Bond CONTRACTOR (Name, legal status and address): Boulder Construction, Inc. 1423 Cato Springs Road Fayetteville, AR 72701 OWNER (Name, legal status and address): City of Fayetteville, Arkansas 113 W Mountain Street Fayetteville, AR 72701 CONSTRUCTION CONTRACT BOND Date: Amount: $2,873,116.00 Description (Name and location): Construction of Cato Springs Trail Job SURETY (Name, legal status and principal place of business): THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD FAIRFIELD, OHIO 45014-5141 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. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, info one form. This is not a single combined Performance and Payment Bond. Date (Not earlier than Construction Contract Date): Amount: $2,873,116.00 Modifications to this Bond: El None ❑ See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Boulder Construction, Inc` Signature: I - ''�"'- Name and Title: .t4 (Any additional sales appv`earr bii the last page SURETY Company: Corporate Seal) THE CINCINNAT INS RANCE COMPANY Signature:xi Name and Title: Billy Eugene Bennett, Jr., Attorney -In -Fact of this Performance Bond.) (FOR INFORMATION ONLY - Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): IIIIllIIll IlI IIII llII IIIII II1I III 11111 IlH IIll 11111111 III Doc ID: 017120350009 Type: LIE Kind: PERFORMANCE BOND Recorded: 10/20/2016 at 04:21:03 PM Fee Amt: $55.00 Page 1 of 9 Washington County, AR Kyle Sylvester Circuit Clerk FileBO34-00000270 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2100 AIA-A312 (11/10) PERFORMANCE BOND Page 1 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 take one of the following actions: 5.1 Arrange for the Contractor, with 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 qualiifed 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, b be secured with performance and paynrntbonds executed by a qualfied suretyequivalentto the bonds issued on he Constructbn Contract, and pay to the Owner the amount of damages as described in Section? in excess of the Balance ofthe Contract Price incurred by the Qvneras a result ofthe ContractorDefault or 5.4 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. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2100-AIA-A312 (11/10) PERFORMANCE BOND Page 2 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 bylaw, 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 the 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 shdl be construed as a statubry bond and notas a common hw 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 the 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. 14.5 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. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2100-AIA-A312 (11/10) PERFORMANCE BOND Page 3 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 Seal) Company: (Corporate Seal) Signature: I Signature: Name and Title: W4 7'I�'IJr+ Name and Title: Address: r �vSlbwvr Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2100-AIA-A312 (11/10) PERFORMANCE BOND Page 4 B-1207276 THE CINCINNATI INSURANCE COMP Payment Bond CONTRACTOR (Name, legal status and address) Boulder Construction, Inc. 1423 Cato Springs Road Fayetteville, AR 72701 OWNER (Name, legal status and address): City of Fayetteville, Arkansas 113 W Mountain Street Fayetteville, AR 72701 CONSTRUCTION CONTRACT BOND Date: Amount: $2,873,116.00 Description (Name and location): Construction of Cato Springs Trail Job Date (Not earlier than Construction Contract Date): Amount: $2,873,116.00 SURETY (Name, legal status and principal place of business): THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD FAIRFIELD, O111O45014-5141 Modifications to this Bond: x❑ None 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. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, info one form. This is r et a single combined Performance and Payment Bond. O See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Corporate Seal) Boulder Construction, nc. THE CINCINNAT S NCE COMPANY Signature: Signature: Name and Title: Name and Title: PEsrr. 't Billy Eugene Bennett, Jr., Attorney -In -Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY - Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): The Company executing this bond vouches that this document conforns to American Institute of Architects Document A312, 2010 Edition. S-2150-AIA-A312 A312 (11/10) PAYMENT BOND Page 5 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, 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 Constructor Contract, the Surety's oblation b the Owner under his Bond shdl arise after the Owner has promptly notfied the Contractor and the Suety (at the address descrbed n Section 13) of claims, demands, lens or suits against he Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnishedforuse in the performance ofthe Construction Contract and tendeed defenseof such claims, demands, liens or suit to the Contractorand the Surety. 4 When the Owner has satisfied he conditions in Section 3, the Surety shall promptly and at the Surety'sexpense defend, indemnify and holdhannless the Owneragainsta duly tendered claim, demand, lien orsuit. 5 The Surety's obligations b a Claimant under this Bond shall arise after the following: 5.1 Claimants, who do not have a dirct contractwith 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 employai by or have a direct contract with the Cbntractor, have sent a Claim to the Sure' (at the address described ii Section 13). 6 If a nothe of non-paymentrequired by Secthn 5.1.1 is given by he Owner to the Contractor, that s sufficient to satisfy a Claimant's obligation b furnish a written notice ofnon-payment under Section 5.1.1. 7 When a Claimant has satisfied the conditons ofSections 5.1 or5.2, whichever is applicable, tie Surety shallpromptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a copy b the owner, within sixty (60) days after receipt of the Claim, slating he amounts that are undisputed and the basis forhallenging anyamounts thatare disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety'sfailure b discharge is oblations under Sectnn 7.1 orSection 7.2 shall not be deemed toconstitite a waiver of defenses the Surety orContractormay have oracquire asto a Claim, exceptas to undisputed amounts forwhich tie Surety and Claimant have reached agreement If, however, the Surety fails b discharge its oblations under Section 7.1 orSection 7.2, the Sure' shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafer to recover any sums found b be due and owing b the Claimant 8 The Surety's total obligation shallnot exceed the amount ofthis Bond, plus the amomt ofreasonable atbmey's fees provided under Sectnn 7.3, and the amount ofthis Band shallbe credited fir any payments made in good faith by the Suety. 9 Amounts owed by the Owner to the Contactor under he Construction Contract shall be used for the performance ofthe Constriction Contract and b satisfy claims, if any, under any construction performance bond. B,' the Contractor furnishing and the Owner accepting this Bond, they agree thatall funds earned by he Contractor in the perfrmance ofthe Constriction Contract are dedicated to satisfy obligations ofthe Contractorand Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2150-AIA-A312 (11/10) PAYMENT BOND Page 6 10 The Suretyshall not be fable b the Owner, Claimants orothers f)r obligations of the Contractorthatare unrelaed to the Constriction Contract. The Owner shall notbe liable for payment of any costs orexpenses ofany Claimantunderthis Bond, and shall have under this Bond no obligatbns to make payer nts b, or give notice on behalfif, Claimants orotherwse have any ob1gations to Claimants under this Bond 11 The Suretyhereby waives notice ofany chang✓, including charges oftime, to the Constructim Contractor to related subcontracts, purchase orders and otherobligations. 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 this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, 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 the Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition.S S 2150-AIA-A312 (11/10) PAYMENT BOND Page 7 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. 16.5 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 PRINCIPPAL,, Company. auW` • / (- Signature: �./ Name and Title: * ¶*P1 Address: SURETY Company: Signature: Name and Title: Address: (Corporate Seal) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2150-AIA-A312 (11/10) PAYMENT BOND Page 8 M -THE CQNNATJ S1IRANC1 COMP?4Y F it etd;Obio PO TYRO ':ATTORNEk' K?3b:1L�7''TFF.:PRESi s: Tff':'L':C1TtG7NATI.IiS:IT$f�NGE.. at a b .;, .._ AJY _ ≥of t 7t oxg»iize:under fhb tafys, qt. ttie u�laitif 0#ttq;:ailci�#ng ►ts Pz�olgal: viee )ri le;izy bf Eirfield bibs hereTy constitute iad.pPrt Mike A Luttrell, Marvin L Smith IV, Jacque Lindsey, Danny L Schneider, Billy Eugene Bennett, Jr., Adrian W Luttrell, .QT Springdale, AR tii y - ii t Si i;.. cute; seal _ �istn�e�anl��twl r�tt'.' :6'and&liv�:;Qu xis ba1fas: tir ty :eritl as its act kdd deed, any:and all bonds, policies, uii zt g or:Qfht 'U'ke fits fri?zti r t n fbllQws Fifteen Million Dollars and 00/100 ($15,000,000.00) 'Thiapohtmni.is made"under n_l aut tv i4r the following resolution .assets ;6.: the v t :.iff = ectdrs if' "`ds.. passel y sat Company at a; n eet ri ; beJ 'The .pir ra pa ` office of i3ae, Companyx. a: uortun bet g present and vo ing;..Q the '! day of Dtcember 195'$; which reso10t1i 3:is till: iiiE#f i ' RESOL '? _thit.the Prcsident. or anyVice' :Pres It nt be h rel y :autho.n'.zed, and .` dr i n c .. �p4 Wr .,... ....,P.111toesruz. cacti of the comp rty'to eoui any nod call bonds policies, .ntlefakangs or the fike tns n so e}i } if t C ipoT ttion, ad may authorize:°.nn °flhcer or; :any ch 1? ttorney-m Pact:to =a C: t ie et; se a Y o ...FP�'te 1, mid may :: itYr tho cruse.r odiiy Or revok any such appointment or: authority Any such t*rtmg$ sd executed by such A tonmys.-in Paet shall be brndtng upon the Company as if':they had been duly executed and acicnowledgedby, the eguar1y-erectec: oTioera- of o itixpaay:" This ' t f°! t#oin y i s gnei and 'sealed 'by facsimile under and by the'auittority' o #h'e: oJlovv n ":1 ` `oluti iri i#dbted by the . Baud of rec#oxS:o .,Slae aCt3mpany at a •nreeting duly called.:and'hel.d on the 7th day;of'DecerITer l'973, R O Ebr ttai the .°si - ature of'the ?rt sident or a Vice :President andthe seal .of the Company roily b •af xed by i'ausinp le: A}t any poa er o attorney ,granted; and the sign store of :the Sec} etaty or Assistant :;Seore ?y :and ths. seal b the Cotttpany:m§y:l a affixed by faesi»itue to .any certificate of any such power and any uah:power of ceutlflcate :berzg sash faoihnfle signature. and seat. Galt be valid and binding on the. Company; Any such powet so xocitted and seaters mid ettitIerl:by-::certificate so executed and sealed shall, with respect to any band or underiaTcing•to Which it is attached; co*tiOV to.lii=' 'a'lll aidbinding ott°dtte. Company,, Tlll~NCE, C,OMPANY.lias cads+ d 2'eS�:i3[.esetits t :be sealedYith :ts.:r ecpgtaT' Tl3E CR'T'x'SI{AI�1CsE:.COTv7;4IJS' e. PresicIeriY:of 7`F E , i3�Ii 1?Il+ lk� S r fi tJ'1 13 GE: ) 'A3V ]; ►3t the seal:ttlulxedlo:th p ig }stn}i ti tut is : the o ?o ate were duty. fief?rats₹! I Se laeg:# #: :iristrii7iietat' #3.S; th. 1°x:t z 1zlti I a Scary or Assistau%. Secrl:ary o I l fi Cll C NNA l 11�' lIRA1�1 E : 0 '1�.1�3 o eby certify fJiothe above is. a true;ax►fi: izorroct OOy of he OrtgoJ Power of Attorney lashed ,by said Company,and do hereby fl,thber'ceYbi that the sal[ i. Power of :Qttome-y is: ail i tJJ•. rep and slyer. C3i 7*1.:ubder tr fit' at }:attd seal of said Cob any_ of aiifield, Ohio. this 17th ''f October, 2016 B-1207276 THE CINCINNATI INSURANCE COMPANY Performance Bond CONTRACTOR (Name, legal status and address): Boulder Construction, Inc. 1423 Cato Springs Road Fayetteville, AR 72701 OWNER (Name, legal status and address): City of Fayetteville, Arkansas 113 W Mountain Street Fayetteville, AR 72701 CONSTRUCTION CONTRACT BOND Date: Amount: $2,873,116.00 Description (Name and location): Construction of Cato Springs Trail Job SURETY (Name, legal status and principal place of business): THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD FAH2FIELD, O111O 45014-5141 Date (Not earlier than Construction Contract Date): Amount: $2,873,116.00 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. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, Info one form. This is not a single combined Performance and Payment Bond. Modifications to this Bond: El None ❑ See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Boulder Construction, Inc` Signature: I d_14'-' Name and Title: y..pt UOUT %i 14 (Any additional sies ap"pearrali the last page SURETY Company: Corporate Seal) THE CINCINNAT INS NCE COMPANY Signature: , Name and Title: Billy Eugene Bennett, Jr., Attorney -In -Fact of this Performance Bond.) (FOR INFORMATION ONLY - Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): lIIIIlI t IIIII IIIII IIIII III IIIII IIIII Ilii II� Doc ID: 017120350009 Type: LIE Kind: PERFORMANCE BOND Recorded: 10/20/2016 at 04:21:03 PM Fee Amt: $55.00 Page 1 of 9 Washington County, AR Kyle Sylvester Circuit Clerk FileBO34-00000270 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2100-AIA-A312 (11/10) PERFORMANCE BOND Page 1 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 take one of the following actions: 5.1 Arrange for the Contractor, with 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; 53 Obtain bids or negotiated proposals from qualiifed 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, b be secured vdthperfonnarce and paynentbonds executed by a qualfied suretyequivalentto the bonds issted on he 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 ncured by the Ovneras a result ofthe ContractorDefault or 5.4 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. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2100-AIA-A312 (11/10) PERFORMANCE BOND Page 2 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 the 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 shdl be construed as a statubry bond and notas 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 the 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. 14.5 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. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2100-AIA-A312 (11/10) PERFORMANCE BOND Page 3 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 Seal) Company: (Corporate Seal) Signature: Name and Title: rbi. ,4 - TrAur b'4 Signature: Name and Title: Address: r r 44 Address: I he l ompany executing tins bond vouches that this document conforms to American Institute of Arthitects Document A312, 22010 Edition. S-2100-AIA-A312 (11/10) PERFORMANCE BOND Page 4 B-1207276 TM CINCINNATI INSURANCE COMPANY Payment Bond CONTRACTOR (Name, legal status and address): Boulder Construction, Inc. 1423 Cato Springs Road Fayetteville, AR 72701 OWNER (Name, legal status and address): City of Fayetteville, Arkansas 113 W Mountain Street Fayetteville, AR 72701 CONSTRUCTION CONTRACT BOND Date: Amount: $2,873,116.00 Description (Name and location): Construction of Cato Springs Trail Job SURETY (Name, legal status and principal place of business): THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD FAIRFIELD, OHIO 45014-5141 Date (Not earlier than Construction Contract Date): Amount: $2,873,116.00 Modifications to this Bond: O None This document has important legal ornsequences. 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. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, info one form. This is rut a single combined Performance and Payment Bond. O See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Corporate Seal) Boulder Construction, nc. 'THE CINCINNA S NCE COMPANY Signature: Signature: Name and Title: Name and Title: Billy Eugene Bennett, Jr., Attorney -In -Fact (Any additional signatures appear on the last page of this Payment Band.) (FOR INFORMATION ONLY - Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Joe company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S 2150-AIA-A312 (11/10) PAYMENT BOND Page 5 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, 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 Owier Default under the Constructbn Contract; the Surety's obligation b the Owner under his Bond shdl arise after the Owner has pronptly notified the Contractor and the Suety (at the address described it Section 13)ofclaims, demands, lens or suits against he Owner or the Owner's property by anyperson or entity seeking paynent for labor, matesials or equipment furnished for use in the perfrmance ofthe Construction Contact and tendeed defenseof such claims, demands, liens or suit to the Contractorand the Surety. 4 When the Owner has satisfied lie conditions in SectDn 3, the Surety shall promptly and at the Surety's expense defend, indemnify and holdhannless the Owneragainsta duly tendered claim, demand, lien orsuit. 5 The Surety'sobligatibns to a Claimant under this Bond shall arise after the fallowing: 5.1 Claimants, who do not have a dirct contractwith 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 employal by or have a direct contract with the Contractor, have sent a Claim to the Sure' (at the address described is Section 13). 6 If a notice of non-paymentrequired by Sectbn 5.1.1 is gven by he Owner to the Contactor, that is sufficient to satisfy a Claimant's obligation b furnish a written notice ofnon-payment under Section 5.1.1. 7 When a Claimanthas satisfied the conditons of Sections 5.1 or5.2, whicheveris applicable, the Surety shallpronrptiy 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 he amounts that am undisputed and the basis fonhallenging anyamounts thatare disputed; and 7.2 Pay or arrange for payment of any undisprted amounts 7.3 The Surety'sfailure b discharge is oblgatbns under Sectbn 7.1 orSection 7.2 shdl not be deemed toconstitute a waiver of defenses the Suety orContractormay have oracquue as to aClaim, except as to undisputed amounts for which the Surety and Claimarthave reached agreement If, however, the Surety fails to discharge its oblations under Section 7.1 orSection 7.2, the Sure' shall indemnify the Claimant for the reasonable attorney's fees the Chimant incurs thereafi;r to recover any sums found to be due and owing to the Claimant 8 The Surety's total obligation shallnot exceed the amount ofthis Bond, plus the amorist of reasonable attorney's fees provided under Sectbn 7.3, and the amount ofthis Bond shallbe credited far any payments made in goodfaith by the Suety. 9 Amounts owed by the Owner to the Contactor underlie Construction Contractshall be used for the performance ofthe Construction Contract and b satisfy clams, if any, underany construction performance bond. By the Cbntractorfurnishing and the Owner accepting this Bond, they agree thatall funds earned by tie Contractor ii the perfrmance ofthe Cbnstiuction Contract are dedicated to satisfy obligations ofthe Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2150-AIA-A312 (11/10) PAYMENT BOND Page 6 10 The Suretyshall not be lable b the Owner, Claimants or others fir obligations of the Contractorthatare unrelatd to the Construction Contract. The Owner shall not be liable for payment of any costs orexpenses ofany Claimantunder this Bond, and shall have under this Bond no obligatmns to make payments b, or give notice on behalfif, Claimants orotherwse have any ob1gations to Claimants under this Bond 11 The Suretyhereby waives notice ofany chanW, including charges oftime, to the Constructor Contractor to related suboontracts, purchase orders and othembligations. 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 herefro m and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so fu nished, 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 famished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the perfonmance 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 this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, 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 the Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 PditionS S 2150-AIA,A312 (11/10) PAYMENT BOND Page 7 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. 16.5 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 Company. „ 4N'S1 %V4 Signature: ' Name and Title: I4jL ¶ . TMA T4 Address: SURETY Company: Signature: Name and Title: Address: (Corporate Seal) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S-2150-AIA-A312 (11/10) PAYMENT BOND Page 8 TUE iNT1 1N TRANCE COAUrj `.• Faii ld; O1 i6 Pi�'S?StER :DW AT OMY' lAF.vs.f Mike A Luttrell, Marvin L Smith IV, Jacque Lindsey, Danny L Schneider, Billy Eugene Bennett, Jr., Adrian W Luttrell, O Springdale, AR it } : :and aeir xt1fa to tyt; rft gas its act A1deed, njsand all bonds po?d19. asid s, refbhk itss{tttayt = _ Fifteen Million Dollars and 001100 ($15,000,000.00) `i xs~,:a patl3?tnetil as mnde et'atia b ai th by b the fgll vsigg esn]utio passed y 'Boatd, bjrctbxs of :bat1 C iifi Anj• t :�; t t ytliti lz ?p office of 1 e Cornp4ny, awanun bcir g preseta:prid vo in ¢tt tb : ° 3y -t i ,l3Leembc 95$ s ]ad res Icn iS rb'I1 tri:ef k: d}7jiS'Yts�≥eX .t� i, do i y: $" s(gtie � far aJe 6y, facsinii7euder and by the authotit of th ; ,r4:`�ldwt sglutiiii? giiopted ;l3} {}a� L kud o uer ox& of S G`cshipanyuzeetii ' 11y'ea11 end hld. onfhe 71 day f:t) niber� rrfrq't':die::si iibrte oY'the:1j dent or a Vii e PrestdCnf andthe seal of the Ci ow I≥?oY may bepffi,ted by faestpp3le.on :any )10werJ.t �tti niey gtante₹f; and the '0gth0tare--o:f the .Secretary or. Assi Xan gLraErsy and thy: seaJ.b the' Xipaiy ny'I' affi d by caitni7eyfo'•any -certificate of any sudh power nnd, any u h:gbrve' a c 1ca± beantrg snob facsfni5ie Lg eturgird Bead. t≥It3lL be u fbsl pad biodjng on the. Company, Any ss)I 6 posvex so eycctted -acid seled asItey.:perP1 eato exe"cuted:andsealed d sbaD4 with respect to an bond or,:uci4$ria iiig.:to Wiucl1 tt Tsattiached) ort iti #o l e vaTt�:: r 1. i din an.tl?e`C rraRany.,, ,URAN ? CQMPANY}ias caused 1I e4e s� g to:bese�led i#h: ta.:cotlsQraic 2Q1'2.' •T;W 1 1'h) I?1�1VC ::C:DyT57wAI�f�' 'e'ea e tteiu Vicc.Ptasit3erit':ot IN 0iOM ;}'A ' d tti t the real; XlGififd th4`p'i)iYilg tir{ rt{ni is::b e v. I .. 5or we dU1.. dffi'1tei�;if$l.$cfSiiei� it�':sai.:fnystru iirir j; doh pj if l sl ; ::..: •: for ey�a- S .. N f,A4RY--P jSr t •M�'tioiii►b'ts;��:{}e .et}�iilii+ ;i:ic:: .?'i uLttIgc�'a�`ece,y or Assistant=Sec re}ttry.of=� HfiI2�}tJNNAi ] INSURAET7CF•OQ +A°tapeby c�rtiify that The abtrke isa trues l] C Drrct'r,o" " , tif'th pr iila] Power of At#ott y. issued by said Cgmpany,and do hetbyfuIThr'ct at the saitt. Power of :a ttorney ls,sti 15> -fr171-:: 'rcdi cot. Et*I.:hiYnder tYtJ''(t� •an(I s1 .f said Cosripariy. at airfield, Olii 0 Ibis 17th d�Y n# October, 2016 A§Sia�fl;Se�tetary� . OP ID: DP ACORO° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/2016Y) 1 011 912 0 1 6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Walker Bros. Insurance, Inc. P.O. Box 7570(NC. CONTACT NAME: PHONE FAX No Ext): NC No): ADDRESS: Springdale, AR 72766-7570 Gene Bennett PRODUCER BOUCO-1 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Boulder Construction, Inc. INSURER A: Cincinnati Insurance Co. 10677 Ron Troutman 1423 Cato Springs Road Fayetteville, AR 72701 INSURERB: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LT LTR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF MM/DDrfl'YY POLICY D EXP IYYYY IMMIDDIYYYYI LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X CPP0828815 03/07/2016 03/0712017 EACH OCCURRENCE $ 1,000,00) DAMAGE TO RENTED PREMISES Ea occurrence $ 100,00 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X EC PRO- LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS- HIRED AUTOS NON -OWNED AUTOS CPA0828815 03/0712016 03/0712017 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 X BODILY INJURY (Per person) $ — BODILY INJURY (Per accdent) $ PROPERTY DAMAGE (PER ACCIDENT) $ $ $ RELLA LIAR ESSLABCLAIMS-MADE X OCCUR - CPP0828815 03/07/2016 03/07/2017 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,00A JXM UCTIBLE$ ENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / Nr-i OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N IA WC2108575 03/07/2016 03/07/2017 X I WC STATU- I 0TH - TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) PROJECT: CATO SPRINGS TRAIL - FAYETTEVILLE REGIONAL PARK TO TOWN BRANCH TRAIL Certificate Holder is named as Additional Insured as respects General Liability per written contract. ELLED BEFORE )ELIVERED IN its reserved. BOUCO-1 OP ID: DP AFRO° CERTIFICATE OF LIABILITY INSURANCE D 10/19/DD/YYY () 10/19/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Walker Bros. Insurance, Inc. P.O. Box 7570 CONTC0NTACT Gene Bennett PHONE INC. N E,,t : 479-306-4677 ac No): 479-306-5110 Springdale, AR 72766-7570 Gene Bennett E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hudson Railroad Protective Lie INSURED Arkansas Missouri Railroad, Etal INSURER B: 306 E Emma INSURER C: INSURER 0: Springdale, AR 72764 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IL7R TYPE OF INSURANCE ADDL SUBPOLICY POLICY NUMBER EFF MMIDDI POLICY EXP MM DD//YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TORENTED PREMISES Ea occurrence $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE PER ACCIDENT $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I RETENTION $ $ WORKERS COMPENSATION WC STATU- 0TH - AND EMPLOYERS' LIABILITY YIN TORY LIMITS E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N IA E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Railroad Protectiv RRP6292403974 10/19/2016 10/19/2017 Per Occur 5,000,000 Liability Aggregate 10,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) PROJECT: CATO SPRINGS TRAIL - FAYETTEVILLE REGIONAL PARK TO TOWN BRANCH TRAIL Contractor: Boulder Construction, Inc. CITYFAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Boulder istruction, Inc. - Change Order #2 City of Fayetteville Staff Review Form 2017-0534 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Matt Mihalevich 9/19/2017 Development Services / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: Staff requests approval of Change Order #2 with Boulder Construction, Inc. to decrease the contract amount of $2,873,116.00 by $100,800.00 reflecting the reduction in the quantity of undercut and stone backfill by 3,200 tons that will not be necessary for the construction of the trail. Budget Impact: 4470.900.9470-5814.05 Trail Development / Sales Tax Capital Imp. Account Number Fund 02016.1405 Cato Springs Trail Project Number Project Title Budgeted Item? Yes Current Budget $ 2,003,392.00 Funds Obligated $ 1,848,000.00 Current Balance $ 155,392.00 Does item have a cost? Yes Item Cost $ (100,800.00) Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 256,192.00 V20140710 Previous Ordinance or Resolution # Ue- I3_ ftp Original Contract Number: 2016-0000005 Approval Date: Qc95 ' 17 Comments: CITY OF _ FAYETTEVILLE ARKANSAS TO: Lioneld Jordan, Mayor THRU: Don Marr, Chief of Staff Terry Gulley, Transportation Services Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: September, 20th 2017 SUBJECT: 2017-0534 - Cato Springs Trail — Change Order #2 STAFF MEMO RECOMMENDATION: Staff requests approval of Change Order #2 with Boulder Construction, Inc. to decrease the contract amount of $2,873,116.00 by $100,800.00 reflecting the reduction in the quantity of undercut and stone backfill by 3,200 tons that will not be necessary for the construction of the trail. BACKGROUND: Construction of the portion of Cato Springs Trail by Boulder Construction, Inc. is nearing the half way point to completion. Unsuitable soils were anticipated based on geotechnical analysis used for the design of the retaining walls. To be prepared for the potential for poor soils, a significant amount of undercut and stone backfill was included in the contract. Now that the contractor has excavated the area for the walls, the subsoil has been tested and reviewed by engineers who have determined that approximately 3,200 tons of additional undercut and stone backfill will not be necessary. DISCUSSION: Change Order #2 deducts the following items: Item Description Unit Original Unit Deduction Change Order #2 Number Contract Price Quantity Deduction Price Quantity 11 Undercut and Ton 7,465 $31.50 3,200 ($100,800) Stone Backfill BUDGET/STAFF IMPACT: The original contract price was $3,753,369.40. Change order number 1 reduced the contract amount by ($880,253.40) approved by resolution #186-16. Change order number 2 will reduce the contract amount by an additional ($100,800) for a new contract amount $2,772,316.00 Attachments: Boulder Construction Signed Change Order #2 Resolution #186-16 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CHANGE ORDER PLCITYOF FAYETTEVILLE ARKANSAS Change Order No. To Contractor: Boulder Construction, Inc Contract Number 2016-0000005 Contract Title Cato Springs Trail Bid 16-53 Date of Issuance September 19, 2017 ORDINANCEIRESOLUTION:, The Contract is changed as follows: The quantity for item number 11 (Undercut and Stone Backfill) is reducted from the contract amount of 7,465 tons to a revised contract quantity of 4,265 tons reflecting the reduction in the quantity of undercut and stone backfill by 3,200 tons that will not be necessary for the construction of the trail. 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 Change CO2.01 Deduct Undercut and Stone 7,465.00 Ton $31.50 4,265.00 $31.50 $235,147.50 $134,347.50 Order #2 Backfill (Not Necessary) Summation of Cost $235,147.50 $134,347.50 Net Cost for this Change Order (Original Minus Revised Cost) ($100,600.00) Not valid until signed by the Owner 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 decreased by The new Contract Price including this Change Order will be NOTE: This summary does not reflect changes in the Contract Price or Time(s) which have been authorized by Work Change Directives not incorporated in this or previous Change Orders. Ci of yetteville .a.►► 04 J� l DATE Boulder Construction, Inc 4 iR 1'� DA E BY DATE 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 183-16 File Number: 2016-0403 BID NO. 16-53 BOULDER CONSTRUCTION, INC.: A RESOLUTION TO AWARD BID NO. 16-53 AND AUTHORIZE A CONTRACT WITH BOULDER CONSTRUCTION, INC. IN THE AMOUNT OF $3,753,369.40 FOR CONSTRUCTION OF PORTIONS OF THE CATO SPRINGS TRAIL FROM THE TOWN BRANCH TRAIL TO KESSLER MOUNTAIN REGIONAL PARK, TO APPROVE CHANGE ORDER NO. I TO REFLECT VALUE ENGINEERING ITEMS AND REDUCE THE CONTRACT AMOUNT BY $880,253.40, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $287,311.16. 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 No. 16-53 and authorizes a contract with Boulder Construction, Inc. in the amount of $3,753,369.40 for construction of portions of the Cato Springs Trail from the Town Branch Trail to Kessler Mountain Regional Park, and further approves a project contingency in the amount of $287,311.16. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves Change Order No. 1 to reflect value engineering items and reduce the contract amount by $880,253.40. PASSED and APPROVED on 10/4/2016 =o• FAYETTEVIU.L E Attest: 'may ` �RKIaNSP^• �•' if / #-, Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 10/5/16