HomeMy WebLinkAbout34-17 RESOLUTIONSAY Ep2.
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 34-17
File Number: 2016-0639
BID NO. 16-67 SWEETSER CONSTRUCTION, INC.:
A RESOLUTION TO AWARD BID NO. 16-67 AND AUTHORIZE A CONTRACT WITH
SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $158,422.00 FOR THE CONSTRUCTION
OF A BRIDGE ALONG SALEM ROAD FOR THE CLABBER CREEK TRAIL, AND TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $7,921.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 16-67 and
authorizes a contract with Sweetser Construction, Inc. in the amount of $158,422.00 for the construction of
a bridge along Salem Road for the Clabber Creek Trail, and further approves a project contingency in the
amount of $7,921.00.
PASSED and APPROVED on 2/7/2017
Attest:
It fit.,
Sondra E. Smith, City Clerk Tre `�:" TS�r•�
C'\l Y 0,c
FAYF-T EV1tLE:
kAW
Page 1 Printed on 218117
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0639
Agenda Date: 2/7/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 4
BID NO. 16-67 SWEETSER CONSTRUCTION, INC.:
A RESOLUTION TO AWARD BID NO. 16-67 AND AUTHORIZE A CONTRACT WITH
SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $158,422.00 FOR THE
CONSTRUCTION OF A BRIDGE ALONG SALEM ROAD FOR THE CLABBER CREEK TRAIL,
AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $7,921.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 16-67 and
authorizes a contract with Sweetser Construction, Inc. in the amount of $158,422.00 for the construction
of a bridge along Salem Road for the Clabber Creek Trail, and further approves a project contingency in
the amount of $7,921.00.
City of Fayetteville, Arkansas Page 1 Printed on 21812017
Matt Mihalevich
Submitted By
City of Fayetteville Staff Review Form
2016-0639
Legistar File ID
February 7th 2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/13/2017 Engineering /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
Approval of a Resolution awarding Bid 16-67 and authorizing a contract with Sweetser Construction, Inc. in the
amount of $158,422.00 for the construction of a bridge along Salem Road for the Clabber Creek Trail and approving
a 5% project contingency in the amount of $7,921.00.
4470.800.8830-5814.05
Account Number
02016.1304
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? NA
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
172-13
Budget Impact:
Sales Tax Capital Improvement
Fund
Clabber Creek Trail Bridge
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 166,410.00
$ 64.00
$ 166,343.00
Approval Date:
V20140710
CITY OF
ayTV11e
NSAS
MEETING OF FEBRUARY 7T", 2017
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: January 13th, 2017
SUBJECT: 2016-0639 Clabber Creek Trail Bridge Construction
RECOMMENDATION:
Approval of a Resolution awarding Bid 16-67 and authorizing a contract with Sweetser
Construction, Inc. in the amount of $158,422.00 for the construction of a bridge along Salem
Road for the Clabber Creek Trail and approving a 5% project contingency in the amount of
$7,921.00.
BACKGROUND:
In August of 2013, resolution number 172-13 was approved accepting a grant in the amount of
$81,248 through the Safe Routes to Schools Program administered through the Arkansas State
Highway and Transportation Department (AHTD) for the design and construction of a bridge
over Clabber Creek at Salem Road. The in house trail construction crew recently finished a 3/4 -
mile extension of the Clabber Creek Trail from Rupple Road to the east side of Gary Hampton
Softball complex which includes a 600 foot elevated concrete boardwalk. This contract will
complete this section of the trail by providing the bridge over Clabber Creek at Salem Road.
DISCUSSION:
Bids opened on January 5th, 2017 for Bid 16-67 - Clabber Creek Trail Bridge. Three bidders
responded to the request for formal bids and Sweetser Construction, Inc. was the lowest
responsive bidder. Please see the attached bid tabulation. Sweetser Construction, Inc. will
have 150 calendar days to complete the bridge project.
BUDGET/STAFF IMPACT:
Funds are available for this contract through the Safe Routes to School Grant and trail
development CIP.
Attachments:
Clabber Creek Trail Map
Bid 16-67 Bid Tabulation
Sweetser Construction Signed Agreement
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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CITY OF FAYETTEVILLE, ARKANSAS
CITY
OF
Ta`y4-1 e
Bid 16-67 Construction - Clabber
Creek Trail Bridge
ANSAS
OFFICIAL
BID
TABULATION
Certification
of
Funds: $140,000,00
Max Bid Award
Limit: $175,000.00
BID OPENING: 01/05/2017;
2:00 PM
Boulder Construction, Inc,
Crossland Heavy Contractors, Inc,
Sweetser Construction, Inc.
ITEM
ESTIMATED
UNIT
UNIT
UNIT
NO.
DESCRIPTION
UNIT
QUANTITY
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
1
liclearing and Grubbing Trees
LS
1
$
7,900.00 1
S 7,900.00
$ 2,500.00
$
2,500.00
$
2,400.00
S 2,400.00
2
(Removal and Disposal of Concrete
SY
15
$
58.33
$ 874.95
$ 12.00
$
180.00
$
20,00
$ 300.00
Walks
3
(Unclassified Excavation
CY
321
$
9.74
$ 3.126.54
S 19.00
$
6,099.00
5
24.00
S 7,704.00
4
Approach Slab (Type Special)
CY
6
S
782.23
S 4,974.98
S 750.00
$
4,770.00
$
850.00
S 5,406.00
5
Mobilizatioa(Notto exceed 5% of
LS
1
$
10,000.00
$ 10,000.001
$ 9,000.00
S
9,000.00
$
4,500.00
$ 4,500.00
,total)
16
IlMaintenance of Trafflce
LS
1
$
5,625.00
$ 5,625.00
S 3,500.00
S
3,500.00
$
4,900.00
S 4,900.00
7
IsIgns
SF
48 _
s
55.52
$ 2,664.96
$ 30.00
$
1,440,00
S
14.00
-$ 672.00
;8
Traffic Drums
EA
12
S
195.83
S 2,349.96
$ 65.00
S
780.001
S
60.00
$ 720.00
19
Silt Fence
LF
159
S
15.28
$ 2,429.52
$ 3.00
$
477.00
S
7.00
$ 1,113.00
10
Concrete Walks
SY
37
$
58.11
$ 2,150.07
$ 82.00
$
3,034.00
$
45.00
S 1,665.00
11
Brld a Construction Control
LS
1
$
- 7,025.00
$ 7,025.00
$ 5,800.00
$
5,800.00
$
2,200.00
5 2,200.00
12
Unclassified Excavation for
CY
45
$
218.89
$ 9,850.05
$ 260.00
$
11,700,00
$
32.00
$ 1,440.00
Structures- Bridge
13
lClass S Concrete - Bride
CY
21
S
2,530.92
S 52.390.04
5 1,150.00
$
23,805.00
S
1,200.00
S 24,840.00
14
Reinforcing Steel - Roadway (Grade
LB
472
$
8,14
$ 3,842.08
$ 2.50
$
1,180.00
$
6.00
$ 2,832.00
60)
15
Reinforcing Steel - Bridge ( Grade 60)
LB
2,070
$
4.07
$ 8,424.90
$ 2,60
$
5,382.00
$
6,00
$ 12,420.00
16
:Silicone Joint Sealant
LF
24
S
54.79
5 1.314.96
S 60,00
$
1,440.00
$
15.00
S 360.00
17
Modification of Existing Bridge
LS
1
$
9,520.00
$ 9,520.00
$ 2,500.00
$
2,500.00
$
4,500.00
$ 4,500.00
Structure
18
50' Steel Bridge Truss
EA
1
S
52,300.00
S 52,300.00
$ 66,500.00
S
66.,500.00
S
54,950.00
S 54,950.00
19
Metal Handrail
LF
1 12
$
185.33
S 2,223.96
S 275.00
S
3,300.00
S
125.00
S 1,500.00
20
Micro iles
EA
8
5
3,125.00
$ 25,000.00
5 3,800.00
$
30,400.00
$
2,750.00
$ 22,000.00
21[Insurance
and Bonding
LS
1
$
6,403.00
$ 6,403.00
S 3,000.00
$
3,000.00
$
2,000.00
S 2,000.00
TOTAL BASE BID
$
220,389.98
$
186,787.00
$
158,422.00
'Highlighting Notes Corrected CaicuWtWn Error
CERTIFIED:
ndrea (en ie, CPPO, CPPB, Purchasing Manager
Witness
Date
DOCUMENT 00500 — AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Contract Name/Titic: CLABBER CREEK TRAIL BRIDGE
Contract No.: A 00 00001
THIS AGREEMENT is dated as of the day of in the year 2017 by and
between The City of Fayetteville, Arkansas and Sweetser Construction c. (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 installation of a 50' steel truss
bridge over Clabber Creek along the west side of Salem Road in Fayetteville.
The Contract consists of micropile bridge abutment foundations, cast bridge
abutments, concrete trail and bridge deck, handrails, and miscellaneous related
items
The contract includes 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.
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.
00500 Agreement 00500- 1 AHTD Job No. 040663
Clabber Creek Trail Bridge
DOCUMl NT 00500 — AG112FEMENT (continued)
B. Contractor shall provide competent, suitably qualified personnel to survey
and lay out the Work and perform construction as required by the Contract
Documents. Contractor shall at all times maintain good discipline and order
at the Site. Except in connection with the safety or protection of persons or
the Work or property at the Site or adjacent thereto, and except as otherwise
indicated in the Contract Documents, all Work at the Site shall be performed
during regular working hours, and Contractor will not permit overtime work
or the performance of Work on Saturday, Sunday, or any legal holidgy
without Engineer's written consent. Contractor shall abide by the City
ordinance of allowing work between lam and 1 Ipm, Monday through
Saturday and Sunday between 9am and I Ipm.
3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT:
A. The Work will be Substantially Completed within 120 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 150 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 Two Hundred Fifty Dollars ($250.00) for each calendar day that
expires after the time specified above in Paragraph 3.02 for Substantial
00500 Agreement 00500-2 AHTD Job No. 040663
Clabber Creek Trail Bridge
DOCUMENT 00500 —AGREEMENT (continued)
Contractor shall pay The City of Fayetteville Two Hundred Fifty Dollars
($250.00) for each calendar day that expires after the time specified above in
Paragraph 3.02 for Substantial Completion until the remainder of the Work is
Substantially Complete. After Substantial Completion, if Contractor shall
neglect, refuse, or fail to complete the remaining Work within the time
specified in Paragraph 3.02 for completion and readiness for final payment or
any proper extension thereof granted by The City of Fayetteville, Contractor
shall pay The City of Fayetteville Two Hundred Fifty Dollars ($250.00) for
each calendar day that expires after the time specified for completion and
readiness for final payment.
ARTIC:'LE, 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 - PAYMEiti T PROCEDURES
5.01 SUI3MITTAL AND PROCESSING OF PAYMC:NTS:
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.
00500 Agreement 00500-3 AHTD Job No. 040663
Clabber Creek Trail Bridge
DOC:UMEN'r 00500 — AGREEMENT (continued)
5.02 PROGRESS PAYMENTS RETAINAGE:
A. The City of Fayetteville shall make progress payments on account of the
Contract Price on the basis of Contractor's Applications for Payment as
recommended by Engineer, on or about the 1 Sth 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.
I . 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 AHTD Job No. 040663
Clabber Creek Trail Bridge
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 b - CONTRACTOR'S REPRFSENTATIONS
6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor
makes the following representations:
A. - Contractor- has examined and carefully -studied the Contract Documents
including the Addenda and other related data identified in the Bid
Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to
the general, local, and Site conditions that may affect cost, progress,
performance, and furnishing of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local
Laws and Regulations that may affect cost, progress, performance, and
furnishing of the Work.
D. Contractor has carefully studied all:
(1) reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions in or
00500 Agreement 00500-5 AHTD Job No. 040663
Clabber Creek Trail Bridge
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 AHTD Job No. 040663
Clabber Creek Trail Bridge
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
Mowing and may only be amended, modified, or supplemented as provided
in the GENERAL CONDITIONS:
1. This Agreement.
2. - Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed.
b. Contractor's Bid.
c. Documentation submitted by Contractor prior to Notice of
Award.
3. Performance, Payment, and other Bonds.
4. General Conditions.
S. Supplementary Conditions.
6. Specifications consisting of divisions and sections as listed in table
of contents of Project Manual.
00500 Agreement 00500-7 AHTD Job No. 040663
Clabber Creek Trail Bridge
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:
CLABBER CREEK TRAIL BRIDGE
8. Addenda numbers one (1) to ( __), inclusive.
9, The following which may be delivered or issued after the Effective
Date of the Agreement and are not attached hereto: All Written
Amendments and other documents amending, modifying, or
supplementing the Contract Documents pursuant to the GENERAL
CONDITIONS.
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 AHTD Job No. 040663
Clabber Creek Trail Bridge
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 Al ITD Job No. 040663
Clabber Creek Trail Bridge
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 A-1 , 20 1which is the
Effective Date of the Agreement.
SWEETSER CONSTRUCTION, INC
By:
(SEAL)
CITY OF FAYETTEVILLE
(SEAL)
Attest�.�( L~ Attest
Address for giving notices
590 WFFT POPLAF6
FAYETTEVII_LL, AR 72705
License No.
Agent for Serviceg�,���9
WILLIAM (3. �9
(If Contractor is a corporation,
attach evidence of authority to
sign.)
END OF DOCUMENT 00500
00500 Agreement
Clabber Creek Trail Bridge
Address for givingnotices
�
(attach evidence of authority to �,��*`C,;T yR
�q ri
sign and resolution or other doci,"gts
• FAYETTEVII.I.E};
authorizing execution of AgreeS!g) "
� {3 A n,1 • +� w
Approved As to Form:
By= __
Attorney For:
00500- 10
AHTD Job No. 040663
CORPORATE RESOLUTION
OF
BOARD OF DIRECTORS
OF
SWEETSER CONSTRUCTION
I, Sharon Sweetser, certify that I am the secretary and treasurer of
Sweetser Construction, a corporation legally organized and existing under and by virtue
of the laws of the State of Arkansas, and that I am the custodian of the records and the
seal of the corporation; that at a meeting of the board of directors of the corporation duly
and legal called called and held in accordance with the law and the bylaws of the corporation
on the 27 day of December 2004, at which meeting a quorum of the board of directors
of the corporation was present, the following resolutions were duly adopted by the Board
of directors of the corporation and are set forth in the minutes of the meeting, namely:
`BE IT RESOLVED, by the board of directors of this corporation that:
That Billy Sweetser as President of the Corporation and Sharon Sweetser as
Secretary and Treasurer of the Corporation, are authorized to sign any and all contracts,
deeds, assurances or any document which may be proper to effectuate the negotiations or
transactions of the corporation.
That Billy Sweetser as President of the Corporation and Sharon Sweetser as
Secretary and Treasurer of the Corporation, any one or jointly are authorized to sign any
and all contracts, deeds, assurances or any document which maybe proper to effectuate
the negations or transactions of the corporation from time to time on behalf of this
Corporation.
The above resolution will continue in force until express written notice of its
rescission or modification has been received.
I further certify that the above resolutions have not been in any way altered,
amended, or rescinded; they are not in contravention of or in conflict with any of the
conditions or provisions of the bylaws or charter of the corporation; and they are now in
force and effect.
I further certify that the names of all presently qualified and acting officers of the
corporation are as follows, and the genuine signature of those presently authorized to sign
for the corporation pursuant to the above resolutions appears below, identified by their
signature:
Hilly Swee ser, President
dq�^m �) LA4��
Sharon Sweetser, S c #ary/Treasurer
IN WITNESS WHEREOF, I have hereunto set my hand as Secretary of said
corporation and have affixed hereto the official seal of the corporation this day
of_ 0LO- d'7 .2004.
ir 11F Apr
r
PAYMENT AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
PERFORMANCE Hartford, Connecticut 06183
BOND
Doc ID: 017332330005 Type: LIE Q
Kind: PERFORMANCE BOND T'I
Recorded: 03/08/2017 at 12:41:23 PM L
Bond No.: 106515432 Fee Amt: $35.00 Pape 1 of 5
Washington County, AR Q
Kyle Sylvester Circuit Clerk
KNOW ALL PERSONS BY THESE PRESENTS, -I-hat we; Sweets—& Gonstruction Inc., as principal, 0 f
(hereinafter called the "Principal"), and Travelers Casualty and Surety Company of America, a !Q
Connecticut corporation, as surety, (hereinafter called the "Surety"), are held and firmly bound unto ''O
City of Fayetteville, AR, as Obligee, in the sum of One Hundred Fifty Eight Thousand Four Hundred
Twenty Two and 00/100 Dollars ($158,422.00) for the payment whereof said Principal and Surety
bind themselves, jointly and severally, as provided herein. M
O
WHEREAS, the Principal has entered into a Contract with Obligee dated February 7, 2017, to m
perform construction work for furnishing all labor and materials for Bid 16-67, Construction - Clabber
Creek Trail Bridge, Fayetteville, AR ("Contract"). L
NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and
faithfully perform the Construction Work to be performed under the Contract, and shall promptly
make payment to Claimants, as hereinafter defined, for all labor and material actually used,
consumed or incorporated in the performance of the Construction Work under the Contract, then this
obligation shall be null and void; otherwise to remain in full force and effect.
Surety's obligations hereunder to Obligee shall not arise unless Principal is in default under the
Contract for failing to perform the Construction Work, and has been declared by Obligee to be in
default under the Contract for failing to perform the Construction Work; and Obligee has performed
its obligations under the Contract. In such event, Surety shall have a reasonable period of time to:
1. Upon entering into an acceptable written takeover agreement with Obligee, undertake
to perform and complete the Construction Work to be done under the Contract; or
2. Obtain bids or negotiated proposals from qualified contractors for a contract for
completion of the Construction Work to be done under the Contract, arrange for a contract to be
prepared for execution by Obligee and contractor, to be secured with performance and payment
bonds executed by a qualified surety; or
3. Waive its right to perform or complete the Construction Work pursuant to paragraphs 1
and 2 above, and with reasonable promptness under the circumstances: (a) After investigation,
determine the amount for which it may be liable to the Obligee and, as soon as practicable after the
amount is determined, tender payment therefor to the Obligee; or (b) Deny liability in whole or in part
and notify the Obligee citing reasons therefor.
4. The Contract balance, as defined below, shall be credited against the
reasonable construction cost of completing the Construction Work to be performed under the
Contract. If completed by Obligee pursuant to paragraphs 2 or 3 above, and the reasonable
construction cost of completing the Construction Work exceeds the Contract balance, Surety shall
pay to Obligee such excess, but in no event shall the aggregate liability of Surety exceed the amount
of this bond. If Surety completes the work pursuant to paragraph 1 above, that portion of the
Contract balance as may be required to complete the Construction Work to be done under the
Contract and to reimburse Surety for its outlays shall be paid to Surety at the times and in the manner
as said sums would have been payable to Principal had there been no default under the Contract. To
the extent that Surety's outlays exceed the Contract balance paid to Surety by Obligee, Surety shall
be entitled to a dollar for dollar reduction of its liability under this bond, and Surety's aggregate liability
shall not exceed the penal sum of this bond. The term "Contract balance" as used herein shall mean
the total amount payable by Obligee under the .Contract and any amendments thereto, less the
amounts properly paid by Obligee to Principal under the Contract. The term "Construction Work" as
Payment and Performance Bond - Page 1 of 3
used herein shall mean the providing of all labor and/or material necessary to complete Principal's
scope of work under the Contract. Notwithstanding any language in the Contract to the contrary, the
Contract balance shall not be reduced or set off on account of any obligation, contractual or
otherwise, except the reasonable construction cost incurred in completing the Construction Work.
5. Any suit by Obligee under this bond must be instituted before the earlier of: (a) the
expiration of one year from the date of substantial completion of the Construction Work, or (b) one
year after Principal ceased performing the Construction Work, excluding warranty work. If the public
works bond statutes in the location where the Construction Work is being performed contains a
statute of limitations for suits on the performance bond, then the limitation period set forth herein shall
be read out of this bond and the statute of limitation set forth in the public works bond statutes shall
be read into this bond. If the limitation set forth in this bond is 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,
and said period of limitation shall be deemed to have accrued and shall commence to run no later
than (y) the date of substantial completion of the Construction Work, or (z) the date Principal ceased
performing Construction Work, excluding warranty work, whichever occurs first.
6. A Claimant is defined as one other than Obligee having a contract with Principal or
with a direct subcontractor of Principal to supply labor and/or materials and said labor and/or material
is actually used, consumed or incorporated in the performance of the Construction Work under the
Contract.
7. Principal and Surety hereby jointly and severally agree with Obligee that every
Claimant as herein defined who has not been paid in full before the expiration of a period of ninety
(90) days after the date on which the last of such Claimant's work or labor was done or performed or
materials were furnished by such Claimant, may bring suit on this bond, prosecute the suit to final
judgment for the amount due under Claimant's contract for the labor and/or material supplied by
Claimant which was actually used, consumed or incorporated in the performance of the Construction
Work, and have execution thereon; provided, however, that a Claimant having a direct contractual
relationship with a subcontractor of Principal shall have a right of action on this bond only if said
Claimant notifies Surety in writing of its claim within ninety (90) days from the date on which said
Claimant did or supplied the last labor and/or materials for which the claim is made. Obligee shall not
be liable for the payment of any costs or expenses of any such suit.
8. No suit or action shall be commenced hereunder by any Claimant after the expiration
of the earlier of: (a) one year after the day on which Claimant last supplied the labor and/or materials
for which the claim. is made; or (b) the limitation period set forth in the public works bond statutes, if
any, in the location where the construction work is being performed. Any limitation contained in this
bond which is prohibited by any law controlling in the state where the suit is filed shall be deemed to
be amended so as to be equal to the minimum period of limitation permitted by the law of that state,
and said period of limitation shall be deemed to have accrued and shall commence to run on the day
Claimant last supplied the labor and/or materials for which the claim is made.
9. No suit or action shall be commenced hereunder by Obligee or any Claimant other
than in a state court of competent jurisdiction in the county or other political subdivision of the state in
which the project, or any part thereof, is situated, or in the United States District Court for the district
in which the project, or any part thereof, is situated, and not elsewhere.
10. The amount of this bond shall be reduced by and to the extent of any payment or
payments made by Surety in good faith hereunder whether made directly to Obligee or Claimant(s) or
otherwise in discharge of Principal's obligations. Surety's liability hereunder to Obligee and all
Claimants is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. Surety
may, at its option, discharge all obligations under this bond by interpleading into the registry of any
court of competent jurisdiction of the full unused penal sum of this bond, or such portion thereof that
will satisfy the obligations owed to Obligee and/or Claimant(s). No right of action shall accrue on this
bond to any person or entity other than Obligee and/or Claimant(s). The bond shall not afford
Payment and Performance Bond - Page 2 of 3
coverage for any liability of Principal for tortious acts, whether or not said liability is direct or is
imposed by the Contract, and shall not serve as or be a substitute for or supplemental to any liability
or other insurance required by the Contract.
11. This bond is provided to comply with a statutory or other legal requirement for
performing construction contracts for public owners in the location where the construction work is
being performed. Except as provided in paragraphs 5 and 8 above, all provisions in the bond which
are in addition to or differ from those statutory or legal requirements shall be read out of this bond,
and all pertinent statutes and other legal requirements shall be read into the bond. This bond is a
statutory bond, not a common law bond.
Signed this 24th day of February, 2017.
Sweetser Construction Inc.
(Principal)
By: -
Willi e r
Travelers Casualty and S erCmpany of America
By:
David Chilson, Attorney -in -Fact
r^ J ('-
Payment and Performance Bond - Page 3 of 3
RNEY IS INVALID WITHOUT THE RED BORDER
A4W POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 227
800 Certificate No. 006959089
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company„Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Cheryl Ann Pankey, Adrian Luttell, Roland Julian, and David Chilson
of the City of Fayetteville , State of Arkansas , their true and lawful Attorneys) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitte&in any -actions or2proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed nd their Borate seals to be hereto affixed, this 29th
day of August 2016
Farmington Casualty Company St. Paul Mercury Insurance Company
Y
y, Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance'fCompan
Fidelity and Guaranty Insurance\Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
State of Connecticut
City of Hartford ss.
ApO
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HARTFORD.
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1896
..AN,�y'�'I v1 '• ..: Vie° 'sb +pt of v�� ��4�1)
By:
Robert L. Raney, Senior Vice President
On this the 29th day of August 2016 before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters ,�Inc., St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
G•T� A A , 1. `�
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2021. ,o�p * Marie C. Tetreault, Notary Public
�s
58440-5-16 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United,Sttates Fidelity, 'and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies wwhichzis in-foll force �and "effect and has not been revoked.
��Itelse-Als � �
IN TESTIMONY WHEREOF, I have hereunto set my hand and,affixed ofsaid'Companies this day of r , 20 0
Kevin E. Hughes, Assistant Sec tary
�pASU^fir` ` 'ypPE4' @�\FN-.�NSG9 Jp+�1NSUgq OJPtTV 4Npe 60V
RS8AL
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above-named individuals and the details of the bond to which the power is attached.
EY IS INVALID WITHOUT THE RED BORDER