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HomeMy WebLinkAbout135-17 RESOLUTIONo� f0.��dre 1 � dpkA RS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 135-17 File Number: 2017-0320 BID #17-32 GOINS ENTERPRISES, INC.: A RESOLUTION TO AWARD BID #17-32 AND AUTHORIZE A CONTRACT WITH GOINS ENTERPRISES, INC. IN THE AMOUNT OF $1,919,872.00 FOR THE CONSTRUCTION OF THE MARTIN LUTHER KING, JR. BOULEVARD, HUNTSVILLE ROAD, AND GARDEN PARK APARTMENTS WATERLINE IMPROVEMENT PROJECTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $288,000.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 17-32 and authorizes Mayor Jordan to sign a contract with Goins Enterprises, Inc. in the amount of $1,919,872.00 for the construction of the Martin Luther King, Jr. Boulevard, Huntsville Road, and Garden Park Apartments Waterline Improvement Projects, and further approves a project contingency in the amount of $288,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 7/6/2017 Attest: S' 4"yZ.- Sondra E. Smith, City Clerk Treasure,1 f �T��f���� tt' ; FAYETTEVILLE;;0 �fi LNG i 0 N 0%'�tit Page 1 Printed on 7/7/17 City of Fayetteville, Arkansas Lot[�}sly'`".{ f; ,1 Text File —� File Number: 2017-0320 Agenda Date: 7/6/2017 Version: 1 In Control: City Council Meeting Agenda Number: C. 2 BID #17-32 GOINS ENTERPRISES, INC.: A RESOLUTION TO AWARD BID #17-32 AND AUTHORIZE ENTERPRISES, INC. IN THE AMOUNT OF $1,919,872.00 FOR MARTIN LUTHER KING, JR. BOULEVARD, HUNTSVILLE APARTMENTS WATERLINE IMPROVEMENT PROJECTS, CONTINGENCY IN THE AMOUNT OF $288,000.00, AND ADJUSTMENT 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Resolution A CONTRACT WITH GOINS THE CONSTRUCTION OF THE ROAD, AND GARDEN PARK TO APPROVE A PROJECT TO APPROVE A BUDGET 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. 17-32 and authorizes Mayor Jordan to sign a contract with Goins Enterprises, Inc. in the amount of $1,919,872.00 for the construction of the Martin Luther King, Jr. Boulevard, Huntsville Road, and Garden Park Apartments Waterline Improvement Projects, and further approves a project contingency in the amount of $288,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 7/7/2017 Matt Casey Submitted By City of Fayetteville Staff Review Form Legistar File ID 2. City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/16/2017 Engineering / _ Development Services Department Submitted Date Division / Department Action Recommendation: City Council approval awarding a contract in the amount of $1,919,872.00 to Goins Enterprises, Inc. for the construction of the MILK Blvd, Huntsville Rd, and Garden Park Apartments Waterline Improvement Project and approval of a project contingency of $288,000.00 (15%). In addition, approval of a budget adjustment is requested. Budget Impact: 5400.720.5600.5808.00 Water and Sewer Account Number Fund 12009.1 Water and Sewer Rehabilitation/Replacement Project Number Project Title Budgeted Item? Yes Current Budget $ 5,441,960.00 Funds Obligated $ 84,860.54 Current Balance I 1 Does item have a cost? Yes Item Cost $ 2,207,872.00 Budget Adjustment Attached? Yes Budget Adjustment $ 541,864.00 Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: Item cost reflects contract of $1,919,872.00 plus a contigency of $288,000.00 for a total item cost of $2,207,872.00. CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 6, 2017 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Tim Nyander, Utilities Director Chris Brown, City Engineer FROM: Matt Casey, Engineering Design Manager DATE: June 92017 CITY COUNCIL MEMO SUBJECT: Approval of a contract in the amount of $1,919,872.00 with Goins Enterprises, Inc. for the construction of the MILK Blvd, Huntsville Rd, and Garden Park Apartments Waterline Improvement Project, approval of a project contingency in the amount of $288,000.00 (15%) and approval of a budget adjustment. RECOMMENDATION: Staff recommends a Resolution approving a contract in the amount of $1,919,872.00 with Goins Enterprises, Inc. for the construction of the MLK Blvd, Huntsville Rd, and Garden Park Apartments Waterline Improvement Project, approving a project contingency in the amount of $288,000.00 (15%) and approving a budget adjustment. BACKGROUND: The City of Fayetteville Engineering Division has prepared the design for new waterline construction in three locations. The first location includes the installation of a new 18" water line along the south side of MLK Blvd. from Smokehouse Trail to Dinsmore Trail. There is an existing 12" main in this location that was constructed in 1983. This line is the main feed to the City of Farmington. The second location includes the installation of a new 12" water line along the north side of Huntsville Rd. from Sherman Ave. to Happy Hollow Rd. This line will replace an existing 8" water main that was installed in 1966. This will be a continuation of the 12" water main that was installed as part of the Happy Hollow/Huntsville Rd. street intersection project constructed in 2005. The third location includes installation of a new 8" line within the Garden Park Apartments. This line will replace an existing 6" line constructed in 1988 that experiences frequent breaks. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: On May 16, 2017, the City received five (5) construction bids for this project. Goins Enterprises, Inc. submitted the low bid of $1,919,872.00 which was approximately 1.1% below the Engineer's Estimate of $2,164,230.00. Engineering staff recommends awarding this contract to Goins Enterprises, Inc. The contract time is 365 days (12 months) for final completion. BUDGET/STAFF IMPACT: The water and sewer relocations in this project are funded by the Water and Sewer Fund. Of the total project budget, only $1,666,008 was budgeted to come from Impact Fees. A budget adjustment is requested for $541,864 to come directly from Water Impact Fees. Attachments: Bid Tab Bid 17-32 Submittal — Goins Enterprises, Inc. Agreement Vicinity Maps Budget Adjustment e ® Ct J a O O oo � V ci 111 � sn +n A S H y 'D c 7 J LL 0 Q L o a FF U U Z CO � y C u° S ~ w C z C p # a t C n� T Z Z op S c l7 Y N s.y � J m N c J G 4D ° ¢ LU C Q 11 n m W WLL Q N Q z l7 Z ce LL IL LLI z 7 n O Lj- d N O p _ m 0 h O Q m v O d 6 L _w 6 Z w Q W J J Z w 41 U. z � � a F- Q lz L? U. 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N N N m N V N CO 00 Ol 8 a 88 8 8 8 28 8 8 8 8 8 8 88 8 9 9 9 9 9 1 9 cm� rl� rl� I I - — — — - - I 'lh 8 ER 8 11 -Q 1� 9 9 .9 -.o 8' 8' Y c� 8 cl n 9 c , 0 '8 z R cs 8 8 8 8 8 8 8 8 8 8 s 8 8 8 8 8 8 9 8 8 o 8 0 I�i .4 dft 17 o o w 8 Sl E M -ki cs 9 9 ci 4 z lo > Lj E E u r r2 I Q cl u :t st z Id �- E;� 8 8 88 4 n t 8 10 88 8 8 -0 8 8 9 8 8 8 8 9 8 9 8 8 8 o lo w o Q gi 88 8 18 8 8 8 8 8 8 8 8 8 19 9 9 9 9 tz 6 6 8 8 2 la -i 1� 16 1� c5 8 71 c E w S E k� u & cj lo > u E A jjL-t�= - T Wai Q C� 99 9 9 9 8 88 8 8 8 8 4 p6 6 6 Ll 0 88 8 8 8 8 8 8 8 8 9 Iss 8 9 8 8 s 8 8 8 8 8 8 8 8 8 8 8 8 4 'K "i -Z M 9 9 14 o zj� I Q Z 8 g g g 9 9 19 1 9 Cc, �g 8 8 19 2r 8 g g g 0 8 81 8 8 8 8 8 58 8 8 8 8 8 8 8 8 8 8 8 8 9 8 8 C� 9 8 9 9 9 g g g 'A �j 2i <Z cl se 2 -G Q _0 E Z t 8 cc > 0 U E iz u w zokkkl $ 8 SSS 8 SSSv o � N N N N N +l? N N N N N V � $pp C� G S Cp Opp O N F qq J/f1 Ln1 VS `N Y/vl 40/� V1 No Q oN C p pN O R RIM s z won � e � N u, a " VI N N. N N N N N VD E � D Q N � 8 SAS 8 88QSQ w a a � QQ 9O 8 N N M V 6 � Gn P N R1 ma's W m a rv.. N m o� 9 p_ F ra a 3 � O " 8 8 SSS S SSS m � � I y C w � 7 a � a i fi ct 'a � Q c y � n u o 3 ao in si � c •v t r E c �� p � 'o U^ [P+ o � `�, N !+1 a '`z � NN u U Bid 17-32, Addendum 1 Date: Wednesday May 10, 2017 To: All Prospective Vendors From: Les McGaugh — 479,575.8220 — Imcgauuh Fayetteville-ar,gov RE: Bid 17-32, Construction — Waterline Improvement Projects CITY OF Tay rei ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1. This addendum includes a revised bid form which shall be used by all bidders, Failure to submit the correct revised bid form in a printed seated format shall result in bid rejection. a. An electronic fillable copy of the bid form is available for all registered plan holders and will be emailed and referenced as Bid 17-32, FILE 04 — Revised Bid Form. b. A PDF copy of the revised bid form is also included with this addendum and can be used by Bidders, c. Bidders shall submit a printed physical copy of the enclosed revised bid fora, this addendum, and all other required documents. - d. Bids shall be submitted in a sealed envelope prior to deadline according to submittal procedures outlined in the Project Manual. NO ELECTRONIC COPIES WILL BE ACCEPTED. 2. A non -mandatory pre -bid meeting was held in Room 326 City Hall, 113 W Mountain on Tuesday April 251h, 2017 at 10:00 AM. -The sign in sheet of all attendees is attached. The following items were discussed during the pre -bid meeting: a. Does the City require that all materials be made in the United States? No. There is not a "Buy American" requirement at this time. b, For the 12"x12" tapping sleeves and valves, will a butterfly valve be required in addition to the tapping valve? Yes. Additional valves have been added on Sheets MLK-2, HR-5 and to the Bid Form. c, Is the pipe material known for the existing mains that will be connected to? Yes, The plan sheets for each schedule have been updated to show the existing material type. F> 1I2 7eecommtin icatians Device for the De)f TD[) (479) S21.1 31 G 113 West Mountain - Fayetteville, AR 72701 d, Is there a detail for the PRV and box? No. The pressure regulator for the 1 %" meter settings will be a Watts LF23 or equal and for the 5/8" and /" meter settings will be a Watts LFN558-M1. The regulator box will be a Brooks 2200. e. Is Bid Item 1108", !"Corporation Stop and Tap necessary since the plans include Bid 1tern102 2" Ball Valve with Box? No. This item is not needed. Bid Item Number110 will be reduced from 6 too. f. How does the City want the 18" Butterfly Valves restrained? The valves may be restrained using swivel adapters or Foster adapters. See Section 41000 of the City's Standard Specifications for more information. g. On Sheet HR3, at Sta 2+68 on the profile, the label indicates 12" DIP water line, is this correct? No. This is proposed as a 12" PVC main. This label has been corrected on the plan sheet, h. On Sheet MLK-11, at STA 27+26, the plan view calls out an 18"x8" tee. Should this be 18"6"? Also, the Fire hydrant note at this location calls for a tee and reducer that are not shown on the plan. The tee at STA 27+26 should be an 18"x6" tee with a 6" gate valve. The tee and reducer were previously removed from the project and this note has been corrected. There was also an extra note calling for a tapping sleeve and valve in this area that has been removed, i. Will all three schedules be bid together as one contract? Yes. All three schedules will be bid together with no deductive alternates j, What is proposed for existing valve and waterline abandoning? The existing valves will be abandoned per the detail on Sheet W-3. The water mains will be cut and capped as indicated on the plans not at each valve to be abandoned k, For the water lines within the encasements, what type of bell restraints are acceptable? Is there another option to the restrained joint pipe? See section 4100 Subsection 2.10 for specific models of pipe restraints allowed. Restrained joint pipe is required for all encasement installations. 1. Are vent pipes required for steel encasements? No. Vent pipes are not required. m, Hydra -Stop lntsa-Valve is not an acceptable alternative, e.. 2 12 leie communications Device rprthe peal TDD (479; 521-131 G 113 west Morinrain - Fayetteville, AR 7270) 0 i f a U- rr_ L7 m .y s] m m a �I � w t+1 L U W J .7 U FC4{il III till), A a My M —w 1-1"flo -e I � � 14 ,A -, 00— t DOCUMENT 00410 — BID BOND KNOW ALL MEir BY THESE PRESENTS; that we Goins Enterprises, Inc. 3255 N. County Lane 252 Joplin, MO W01 as Principal, hereinafter called the Principal, and The Ohio Casualty Insurance Company 175 Berkeley Street Boston, MA 02117 a corporation duly organized under the laws of the State of New Hampshire as Surety, licreinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the sum of Five Percent of the Amount Bid Dollars ($ 5°l0 �T _ ), for the payment of which sum, well axid truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WTTEREAS, Principal has submitted a Bid for: ML1C. Blvd., Huntsville Rd. and Garden Park Apartments Waterline Improvement Projects NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the fawner in accordance with the terms of such. Bid, and give such Bond or Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fti.rnished in the prosecution thereof, or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the (Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger ainourtt for 00410-13id Bond 00410 -- 1 D0r,,UMNT 00410 — BID BOND (Continued) which the Owner may in good faith cori(Tact with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and of ea Signed and sealed this 161h day of May 20 17, PRINCIPAL Coins Enterprises, Inc, By ATTO NEY-U -FACT ("Phis Bond shall be aceornpaaied with Attorney-in-Fact's authority from Surety) END OF Dt7MIL, NT 00410 00410-Bid Bond 00410-2 (CORPORATE SEAL) (CORPORATE SEAL) THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND, 'This Power of Attorney limits the acts of those named herein, and they have no authority to hind the Company except in the manner and to the extent herein stated. Certificate No. L472M American Fire and Casually Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS. That American fire & Casually Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly na0zed under the laws of the State of Indiana (herein collectively called the "Companies°}, pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Chandler H. Cullor- Erle ❑. t3ernton• Kelly. R. Watson' Linda S. Fie)Molds; (Nark E. Gardner; Sandra Sumett; Steven L. Nicholson all of the city of Overland Park , state of KS _- each. individually if there be more than one named, its true and lawful atorney-in-fact to make, execute, sea], acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizarr= and:ether surety obligations,16 pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested bythe swatay of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Afloiney has been subscribed by an authorized of€Icer at official of the Companies and the corporate seals of the Companies have been affixed ftreto this 30th dayof August 2016 z+o cis t,v INS{r tF15rr ,ttlsu r American Fire and Casualty Company The Ohio Casualty Insurance Company x n ^^ ^ 4 Liberty Mutual Insurance Company t [ 1906 (7 ❑ 1919 n >. 1912 1991 Weal erican Insurance Company By; STATE OF PENNSYLVANIA ss David M. Care , Assistant secretary { 4.r COUNTY OF MONTGOMERY as 2 rn On this 30th day of August 2016 before me personally appeared David M. Gorey, who acknowtedged himself to be the Assistant Secretary of American Fire and v F W ar Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and WestAmerican Insurance Company, and that he, as such, being authorized so to do, rJ O execute the foregoing instrument for the purposes (herein contained by signing on behalf of the corporations by himself as a duly authorized officer. u a`s > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. t7 t 5� pqr COMMONWEALTH Or- PENNSYLVANIA C Notarial Seat 0 r C 'vj � r,° s a Teresa Pastnea, Notary Public By: q O i or Plymruth Twp., Montgomery County Teresa Pastella, Notary Public i rq My Commisslon Expires March 28, 2017 r 0 +t sYU-14 'Mnmtmr, Ponnsylvpni® A"o aGcn of Nonriee 0 t c MThis Power of Attorney is made and executed pursuant to an by authority ofthe following By-laws and Authorizations ofAner(can Fire and Casualty Company, The Ohio Casualty Insurance vt c Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: c n7 �► ARTICLE IV- OFFICERS -Section 12, Power ofAtiomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject p t � to such limitation as the Chairman or the President may prescribe, shall appoint such atiomeys-In-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, �+ 0. acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations, Such attomeys-in-fact, subject to the limitations set forth in their respective ;a nj powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to aftsch thereto the seal of the Corporation. When so � r executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under > 1 the provisions of this article maybe revoked at any lime by the Board, the Chairman, the President or by the officer or officers granting such power or authority. Z] 7, C ARTICLE XIII - Execution of Contracts —SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, a and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to makeexecute, ©� seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such allameys-in•facl subject to the limitations set (crib In theft o Z respeclive powers of allomey, shall have full powerto bind the Company by Iheir signature and execution of any such instruments and to aifach thereto the seal of the Company. When so 0 B executed such instruments shall be as binding as if signed by the president and attested by (he secretary. o u Certificate of Designation -The President of (lie Company, acting pursuantlo the Bylaws of the Company, authorizes David M. Carey,Assfstant.Secretary to appoint such attorneys -in- T fact as may be necessary to act on behalf of the Company to rnake, execute, seal, acknowledge and deliver.as surely any and all undertakings, bonds, recognizances and other surety obligations. Authorization- By unanimous consent ofthe Company's Board of Directors, the Company consenis that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Gregory W, Davenport, the undersigned, Assistant Secretary, ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby cedify.:lhat the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies Ibis lll6t A day of 1 11 ____— 20 - s 0IS1i .0 IAl�r�tl Vk„�i+f� a 19©� n o f914 n 1912 it 1991 By Gregory W. Davenport, Assistant Secretary r d # i w 595 of 750 LMS_12e73_1�.2013 DOCUMENT 0400-BYD FORM Contract Naive: MLK Blvd., Huntsville Rd. & Garden Park Apartments Water Line Projects Bid Number: 17-31, Construction Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: COINS ENTERPRISES, INC. 3255 N COUNTY LANE 252 JOPLIN, MO 64801 417-659-6082 ARTICLE 1- INTENT 1,01 The undersigned Bidder proposes an agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2- TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 00400-1 DOCUMENT 0400-BID FORM continued ARTICLE 3- BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, than A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged. Number Date 1 5.10.17 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or'contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid ,Documents with respect to Undcrground Facilities at or contiguous to the Site. E Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, 0400-Bid Form - Addendum 1 00400-2 17OCUMENT 0400-B11) DORM(con fin tied investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may of ict cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. & Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bad is submitted. K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and 0400-Bid Form - Addendum 1 00400-3 DOCUMENT 0400-1311) FORM (con inued) Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. L. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P -- Excavations. ARTICLE 4- BID Y1t1C1? Bidders are required to provide pricing for all line items, including deductive alternate items. Failure to provide deductive alternate pricing can result in bid rejection. The City intends to award this contract to the lowest qualified responsive responsible bidder based on the total base bid as long as the base bid amount falls within the amount of funds certified for the project plus 25%. In the event no bid falls within the amount of funds certified for the project plus 25%, the City will utilize the deductive alternates in order to further evaluate bids until a bid received falls within the amount certified, plus 25%. In the event all deductive alternates are subtracted from the total base bid and - no bid falls within the amount certified, plus 25%, all bids shall be rejected and become confidential. In no case shall the amount bid for the item of "mobilization" exceed 5% of the total contract amount for all items listed in the proposal or bid. Should the amount entered into the proposal or bid for this item exceed 5%, the bid shall be rejected. Bidder shall complete the Work in accordance with the Contract Documents for the following price(s): 0400-Bid Form Addendum 1 00400-4 I The City intends to award to the lowest responsive responsible bidder based on the evaluation of the sum of Schedule 1, Schedule 2 and Schedule 3. Bidders shall bid on both schedules, Failure to bid on all Schedules shall result in bid rejection. ARTICLE S- CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6- BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a cashier's check from a bank located in the State of Arkansas or a Bid Bond in the amount of Dollars (` B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. ARTICLE 7- COMMUNICA,TIQiNS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: JACOB BLACKWELDER or JERRY GO1NS 3255 N COUNTY LANE 252 JOPLIN, MO 64801 Email contact@goinsent.com Phone No. 417-659-6082 Fax No. 417-659-6092 0400-Bid Form - Addendum 1 00400-12 DOCUMENT 0400-BID FORM (continued) ARTICLE 8- TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. SUBMITTED on MAY 16 , 2017. Arkansas State Contractor. License No. If Bidder is: An Individual Name (type or printed):__ -___N/A By: (.SEAL) (Individual"s Signature) Doing business as: Business address: Phone No. - Email Address: A_ Partnership Partnership Name : NIA By: —Fax No.. (Signature of general partner -attach evidence of authority to sign) Name (type or printed): Business address: Phone No: Email Address: 0400-Bid Form - Addendum I I'ax No. 00400-13 0 DOCUMENT 0400-BU) FORM {enntintied) A Corporation or LLC Corporation Name : GOINS ENTERPRISES____ State of Incorporation: MISSOURI Type (General Business, Professional, Service, Limited Liability): SERVICE ` By: (SEAL) '.nature offpartner-attach evidence of authority to sign) Name (type or printed):—JERRY GOINS Title: VICE-PRESIDENT (CORPORATE SEAL) ....... 9.9 est' I 21. ?d, . * (Signature of Corporate, Secretary) po c � y�, _� TERESA I3ATCl IELOR, NOTARY '�1ess address: -3255 N COUNTY LANE 252 51 '#:,,�qy�•.•..• .LIN, MO 6480.1 �����►rtt rrf 1 ►''��`Phone No: 417-659-6082 Fax No. 417-659-6092 Email Address:_contact�7u goiasetit.co _ Tax ID Number (TIN)_68-055703 ! DUNS # 787518971 Cage Code:. 4SY85 END OF DOCUMENT 00400 0400-Bid Form - Addendum 1 00400-14 DOCUMENT 00430 — LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: MLK Blvd., Huntsville Rd. and Garden Park Apartments Waterline Improvement Projects Bidder certifies that all Subcontractors listed are eligible to perform the Work. Su4acontrictor s Work Subcontractor's Name Expected Percentage and Address or Value Clearing/Demolition SWPPP/Erosion Control Asphalt Concrete`s�l, a , Landscaping Material Testing i `"^ f.� i� t.nA&-io &r Other (designate) C !4f.0 ` l'n n 0 r _ PleeuA iq NOTE: This form must be submitted in accordance with the Instructions to Bidders. Bidder" Sig attire END OF DOCUMENT 00430 00430-List of Subcontractors 00430-1 DOCUMENT 0400-BD) FORM continued BID SCHEDULE 1(MLK Blvd,) ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL I Act 291 1993 Trench and Excavation System for Water and Sewer Installation LS 1 $4,000.00 $4,000.00 2 'Traffic Control & Maintenance LS 1 $11,500,00 $8,500.00 3 Mobilization (Shall not exceed 5% of Schedule Bid) LS l aj�— +10 51, it,;OCO W- 4 Site Preparation (Clearing;, Grubbing & Demolition) LS I $6,500.00 $6,500.00 5 Insurance and Bonding LS 1 $5,000.00 $5,000.00 6 Construction Staking LS 1 $10,000,00 $10,000.00 7 18" DIP, Class 350 Water Main LF 2881 $97.00 $279,457,00 8 12" PVC, C-900, Class 200 DR-14 Water Main LF 160 $50.00 $8,000.00 9 8" PVC, C-900, Class 200 DR-14 Water Main LF 290 $40.00 $11,600.00 10 6" PVC, C-900, Class 200 DR-14 Water Main LF 55 $35.00 $1,925.00 I I I" Copper, Type K-Soft Water Service Tubing LF 260 $25.00 $6,500.00 12 18" Butterfly Valve with Box EA 8 $8,500.00 $68,000.00 13 12" Butterfly Valve with Box EA 5 $4,500.00 $22,500.00 14 12" InserlaValve EA 2 $22,000.00 $44,000.00 15 8" Crate Valve with Box EA 6 1 $2,500.00 $15,000.00 16 6" Gate Valve with Box EA 2 $2,000.00 $4,000.00 17 Three Way Fire Hydrant Assembly with Valve EA 8 $4,500.00 $36,000.00 18 Remove Existing Fire Hydrant and Deliver to Owner EA 3 $1,500.00 $4,500.00 0400-Bid Form - Addendum 1 00400-5 Df)C1( W,NT0400-BID'FORM (cont-inued) ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE 'TOTAL 19 12" X 12" Tapping Sleeve and Valve with Box EA 1 $5,000.00 $5,000.00 20 12" X 8" Tapping Sleeve and Valve with Box EA 2 $4,500,00 $9,000.00 21 8" X 8" Tapping Sleeve and Valve with Box EA 5 $4,000.00 $20,000.00 22 6" X 6" Tapping Sleeve and Valve with Box EA 1 $3,500.00 $3,500.00 23 Epoxy Coated Ductile Iron Fittings LB 55000 $1.85 $101,750.00 24 Single Meter Setting, Complete, Including Pressure Reducer and Plumber Connection to Existing Building 1 Service EA 13 $900.00 $11,700.00 25 Remove Existing Meter Setting EA 7 $200A0 $1,400,00 26 8" Saddle, V Corporation Stop and Tap EA 1 $750.00 $750,00 27 18" Saddle, V Corporation -Stop and Tap EA 12 $800.00 $9,600,00 28 16" Steel Encasement by Bore LF 95 $285.00 $27,075.00 29 24" Steel Encasement by Bore LF 90 $350.00 $31,500.00 30 36" .Direct .Bury Steel Encasement LF 72 $300.00 $21,600.00 31 Cut and Cap Existing 12" Water Main EA 2 $1,500.00 $3,000.00 32 Cut and Cap Existing 8" Water Main EA 4 $1,200.00 $4,800.00 33 Cut and Cap Existing 6" Water Main EA 1 $1,000.00 $1,000,00 34 Abandon Existing Water Valve EA 13 $750.00 $9,750.00 35 Connect New I" Service Line to Existing Service Line EA 1 $1,000.00 $1,000.00 36 Remove Existing Cap and Connect New 12" Water Main to Existing 12" Water Main EA 1 $3,500.00 $3,500.00 37 Rock Excavation CX 100 $120.00 $12,000.00 0400-Bid Form -Addendum 1 00400-6 DOCUMENT 0400-BID FORM (continued) ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 38 Temp. Asphalt Paving (Maintenance of Traffic) Ton 35 $70,00 $2,450,00 39 Asphalt T-Patch (Street and Driveway Repair) SY 290 $135.00 $39,150.00 40 Concrete T-Patcb (Street and Driveway Repair) SY 235 $85.00 $19,975.00 41 1 Gravel Driveway Repair Ton 75 $30.00 $2,250.00 42 Concrete Curb & Gutter Replacement LF 20 $45.00 $900,00 43 4" Concrete Sidewalk Repair SY 1 20 $65.00 $1,300.00 44 Barbed Wire Fence Replacement LF 50 1 $20.00 $1,000.00 45 Site Restoration LS 1 $4,500.00 $4,500.00 46 Tree Protection Fencing LF 1 200 $5.00 $1,000.00 47 Site Photographs & Video I.S 1 $1,500.00 $1,500.00 48 Erosion Control LS 1 $3,500.00 $3,500.00 TOTAL AMOUNT BID (SCHEDULE 1) BID SCHEDULE x (Huntsville RBI.) ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 49 Act 291 1993 Trench- and Excavation System for Water and Sewer Installation LS 1 $4,000.00 $4,000.00 50 Traffic Control & Maintenance LS 1 $10,000.00 $10,000.00 51 Mobilization (Shall not exceed 5% of Schedule Bid) LS 1 $10,000.00 $10,000.00 52 Site Preparation (Clearing, Grubbing & Demolition) LS 1 $2,500.00 $2,500.00 53 Insurance and Bonding LS 1 $5,000.00 $5,000.00 54 construction Staking LS 1 $10,000.00 $10,000.00 0400-Bid Farm - Addendum 1 00400-7 DOCUMENT 0400-BID FORM (continued) EST. UNIT ITEM NO. DESCRIPTION UNIT QTY PRICE 'TOTAL 12" PVC, C-900, Class 200 DR-14 55 Water Main LF 940 $83.00 $78,020,00 8" PVC, C-900, Class 200 DR-14 56 Water Main LF 5 $45,00 $225.00 6" PVC, C-900, Class 200 DR-14 57 Water Main LF 115 $35.00 $4,025.00 1" Copper, Type K-Soft Water 58 Service Tubing LF 575 $25.00 $14,375.00 2" HDPE Encasement 59 (By Directional Bore) LF 300 $53.00 $15,900 00 60 12" Butterfly Valve with Box EA 5 $4,500.00 $22,500.00 61 6" Crate Valve with Box EA 2 $2,000.00 $4,000,00 Three Way Fire Hydrant Assembly 62 with Valve EA 2 $4,500.00 $9,000.00 Remove Existing Fire Hydrant and 63 Deliver to Owner EA 1 $1,500.00 $1,500,00 12" X 12" Tapping Sleeve and Valve 64 with Box EA 1 $5,000.00 $5,000.00 8" X 8" Tapping Sleeve and Valve 65 with Box EA 1 $3,000.00 $3,000.00 6" X 6" Tapping Sleeve and Valve 66 with Box EA 1 $2,800.00 $2,800,00 67 Epoxy Coated Ductile Iron Fittings LB 7500 $1.50 $11,250.00 Single Meter Setting, Complete, Including Pressure Reducer and Plumber Connection to Existing Building 68 Service ESA 11 $900.00 $9,900.00 Double Meter Setting, Complete, Including Pressure Reducer and Plumber Connection to Existing Building 69 Service EA 1 $1,400.00 $1,400.00 70 Remove Existing Meter Setting EA 13 $250.00 $3,250.00 71 12" Saddle, I" Corporation Stop and Tap EA 11 $750.00 $8,250.00 72 6" Saddle, V Corporation Stop and Tap EA 1 $650,00 $650,00 73 24" Direct Bury Steel Casing LF 20 $250,00 $5,000.00 0400-Bid Form - Addendum 1 00400-8 DOCUMENT 0400-1311)14ORM (continued) ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 74 Cut and Cap Existing 8" Water Main EA 2 $215fl0.00 $5,000.00 75 i Cut and Cap Existing 6" Water Main EA 1 $2,500,00 $2,500,00 76 Abandon Existing Water Valve EA 2 $1,500.00 $3,000.00 77 Rock Excavation CY 50 $120.00 $6,000.00 78 Temp. Asphalt Paving, (Maintenance of"Traffic) Ton 40 $70.00 $2,800,00 79 Asphalt T-Patch (Street and Driveway Repair) SY 460 $135.00 $62,100,00 80 Concrete T-Patch (Street and Driveway Repair) SY 52 $85.00 $4,420.00 81 Gravel Driveway Repair Ton 150 $30,00 $4,500,00 82 Concrete Curb & Gutter Replacement LF 30 $45.00 $1,350.00 83 4" Concrete Sidewalk Repair SY 70 $65.00 $4,550.00 84 Site Restoration LS 1 $2,500,00 $2,500.00 85 Tree Protection Fencing LF 150 $3.00 $450.00 86 Site Photographs & Video LS 1 $1,500.00 $1,500.00 87 Erosion Control LS 1 $2,500,00 $2,500.M 88 4" White Bicycle Lane Striping LF 840 $5.00 $4,200.00 89 Bicycle Lane Symbol EA 2 $300.00 $600,00 90 Furnish and install Mailbox EA 6 $250.00 $1,500.00 TOTAL AMOUNT BID (SCHEDULE 2) $351,015.00 0400-Bid Form - Addendum 1 00400-9 BID SCHEDULE 3 Garden Park Apartments) ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 91 Act 291 1993 Trench and Excavation System for Water and Sewer installation LS 1 $6,000.00 $6,000.00 92 'Traffic Control & Maintenance LS 1 $10,000.00 $10,000.00 93 Mobilization (Shall not exceed 5% of Schedule Bid) LS 1 ot34 ,� ' �• ❑ oar r 94 Site Preparation (Clearing, Grubbing & Demolition) LS 1 $5,000,00 $5,000.00 95 Insurance and Bonding LS 1 $5,000,00 $5,000.00 96 Construction Staking LS 1 $10,000.00 $10,000.00 97 8" PVC, C-900, Class 200 DR-14 Water Main LF 1810 r%, OD \-9ftvft Qr* 3N � 98 6" PVC, C-900, Class,200 DR-14 'Water Main LF 40 $35.00 $1,400.00 99 2" Copper, "Type K-Soft Water Service Tubing LF 165 $25.00 $4,125.00 100 8" Gate Valve with Box EA 10 $2,500,00 $25,000.00 101 6" Gate Valve with Box EA 3 $2,000,00 $6,000.00 102 2" Ball Valve with Box EA 6 $500,00 $3,000.00 103 Three Way hire Hydrant Assembly with Valve EA 3 $4,500.00 $13,500.00 104 Remove Existing Fire Hydrant and Deliver to Owner EA 3 $1,500.00 $4,500.00 105 8" X 8" Tapping Sleeve and Valve with Box EA 1 $3,000.00 $3,000.00 106 6" X 6" Tapping Sleeve and Valve with Box EA 3 $2,800.00 $8,400.00 107 Epoxy Coated Ductile Iron Fittings LB 9500 $1.50 $14,250.00 108 Remove Existing Meter Setting EA 6 $450.00 $2,700.00 0400-Bid Form - Addendum 1 00400-10 DOCUMENT 0400-BID FORM (continued) ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 109 1 1/2" Meter Setting, Complete, Including Pressure Reducer and Plumber Connection to Existing Service EA 6 $3,500,00 $21,000.00 110 8" Saddle, V Corporation Stop and Tap 20 $185.00 -- 111 16" Direct Bury Steel Casing LF $3,700A0 112 Cut and Cap Existing 6" Water Main EA 4 $2,500.00 $10,000.00 113 Abandon Existing Water Valve EA 12 $750.00 $9,000.00 114 Roc.k Excavation CY 50 $120.00 $6,000.00 115 Temp. Asphalt Paving (Maintenance of Traffic) Ton 75 $70.00 $5,250,00 116 Asphalt T-Patch (Street and driveway Repair) SY 2000 $135.00 $270,000.00 117 Concrete Curb & Gutter Replacement LF 350 $45,00 $15,750.00 118 4" Concrete Sidewalk Repair SY 50 $65.00 $3,250.00 119 Asphalt Speed Bump Repair EA 6 $800.00 $4,800.00 120 4" Yellow Parking Lot Striping LF 900 $4.00 $3,600.00 121 Remove and Replace Existing Metal Fence LS 1 $1,500.00 $1,500.00 122 Site Restoration LS 1 $2,500-00 $2,500.00 123 Site Photographs & Video LS 1 $1,500.00 $1,500,00 124 Erosion Control LS 1 $1,500.00 $1,500,00 TOTAL AMOUNT BID (SCHEDULE 3) TOTAL AMOUNT BID (SCHEDULE 1+2+3) 0400-Bid Farm - Addendum 1 00400-11 6r. 7 , 'fi a tj q V7a 8 7 0-0 t DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: MLK. Blvd., Huntsville Rd. and Garden Park Apartments Waterline Improvement Projects Contract No.: 17-31 Construction THIS AGREEMENT is dated as of the LQV(­� day of in the year 2017 by and between The City of Fayetteville, Arkansas and (hereinafter called Contractor). ARTICLE 1- WORK 1.01 Contractor shalt complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The construction of approximately 2,800 linear feet of 18" water main along the south side of Martin Luther King Blvd. from Smokehouse Trail to Dinsmore Trail, the construction of approximately 940 linear feet of 12" water main along the north side of Huntsville Rd. from Sherman Ave. to Happy Hollow Road and the construction of approximately -1,800 linear feet of 8" water main throughout the Garden Park Apartments. Any use of a third party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container -is not allowed. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400-Bid Form for quantities: 00500 Agreement 00500-1 DOCUMENT 00500 - AGREEMENT (continued) ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 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 shall be Substantially Completed within 335 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment in accordance with the GENERAL_ CONDITIONS within 365 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 00500 Agreement 00500-2 DOCUMENT 00500 - AGREEMENT (continued) that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) 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 unit 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 deterininations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-3 DOCUMENT 00500 - AGREEMENT (continued) 5.02 PROGRESS PAYMENTS, RETAINAGIE: 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 l 5th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-4 DOCUMENT 00500 — AGREEMENT (continued) 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, -and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated 00500 Agreement 00500-5 DOCUMENT 00500 — AGREEMENT (continued) in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. L Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. 00500 Agreement 00500-6 } DOCUMENT 00500 — AGREEMENT (continued) J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This -Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 00500 Agreement 00500-7 I 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: MLK. Blvd., Huntsville Rd. and Garden bark Apartments Waterline Improvem�{ent Projects 8. Addenda numbers 0 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 its 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 t DOCUMENT 00500 -- ACYREEMENT (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 SEVERABIL,ITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et, seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8:06 , LIENS: A No liens against this construction project are allowed. Arkansas law (A.C.A. §§ l 8-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit r Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for 00500 Agreement 00500-9 DOCUMENT 00500 — AGREEMENT (continued) non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement. 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 , . " Lo 2017, which is the Effective Date of the Agreement. ,ry FA By: J1r O I !V S By: Title: VM PA S1 pC`dVT Title: (SEAL) (SEAL) Attest J ! iG��%�l.�f U Attest �����wsttrrtrrr FAYF77FVILLE;� y fit t^_ rj";,/G ON+10 00500 Agreement 00500 - 10 DOCUMENT 00500 — AGREEMENT (continued) Address for giving notices *� °+ Mu (�y 8 o I License No. 0 05 f Agent for Service of process Jr✓ (50Ws, 4Iee P2G�s,r ry - c�.11. (If -Contractor is a corporation, attach evidence of authority to sign.) Address for giving notices 113 W. Mountain St. Favetteville, AR 72701 (attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) Approved As to Form: By: - Attorney For: END OF DOCUMENT 00500 00500 Agreement 00500- 11 DOCUMENT 0400-BID FORM (continued) BID SCHEDULE 1(M[LK Blvd.) ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 1 Act 291 1993 Trench and Excavation System for Water and Sewer Installation LS 1 $4,000.00 $4,000.00 2 Traffic Control & Maintenance LS 1 $8,500.00 $8,500.00 3 Mobilization (Shall not exceed 5% of Schedule Bid) LS 1 $45,000.00 $45,000.00 4 Site Preparation (Clearing, Grubbing & Demolition) LS 1 $6,500.00 $6,500.00 5 Insurance and Bonding LS 1 $5,000.00 $5,000.00 6 Construction Staking LS 1 $10,000.00 $10,000.00 7 18" DIP, Class 350 Water Main LF 2881 $97.00 $279,457.00 8 12" PVC, C-900, Class 200 DR-14 Water Main LF 160 $50.00 $8,000.00 9 8" PVC, C-900, Class 200 DR-14 Water Main LF 290 $40.00 $11,600.00 10 6" PVC, C-900, Class 200 DR-14 Water Main LF 55 $35.00 $1,925.00 11 1" Copper, Type K-Soft Water Service Tubing LF 260 $25.00 $6,500.00 12 18" Butterfly Valve with Box EA 8 $8,500.00 1 $68,000.00 13 12" Butterfly Valve with Box EA 5 $4,500.00 S22,500.00 14 12" InsertaValve EA 2 $22,000.00 $44,000.00 15 8" Gate Valve with Box EA 6 $2,500.00 $15,000.00 16 6" Gate Valve with Box EA 2 $2,000.00 $4,000.00 17 Three Way Fire Hydrant Assembly with Valve EA 8 $4,500.00 $36,000.00 18 Remove Existing Fire Hydrant and Deliver to Owner EA 3 $1,500.00 $4,500.00 0400-Bid Form - Addendum 1 00400-5 DOCU AHNT 0400-BID FORM (continued) ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 19 12" X 12" Tapping Sleeve and Valve with Box EA 1 $5,000.00 $5,000.00 20 12" X 8" Tapping Sleeve and Valve with Box EA 2 $4,500.00 $9,000.00 21 8" X 8" Tapping Sleeve and Valve with Box EA 5 $4,000.00 $20,000.00 22 6" X 6" Tapping Sleeve and Valve with Box EA 1 $3,500.00 $3,500.00 23 Epoxy Coated Ductile Iron Fittings - LB 55000 $1.85 $101,750.00 24 Single Meter Setting, Complete, Including Pressure Reducer and Plumber Connection to Existing Building Service EA 13 1 $900.00 $11,700.00 25 Remove Existing Meter Setting EA 7 $200.00 $1,400.00 26 8" Saddle, V Corporation Stop and Tap EA 1 $750.00 $750.00 27 18" Saddle, V Corporation Stop and Tap EA 12 $800.00 $9,600.00 28 16" Steel Encasement by Bore LF 95 $285.00 $27,075.00 29 24" Steel Encasement by Bore LF 90 $350.00 $31,500.00 30 36" Direct Bury Steel Encasement LF 72 $300.00 $21,600.00 31 Cut and Cap Existing 12" Water Main EA 2 $1,500.00 $3,000.00 32 Cut and Cap Existing 8" Water Main EA 4 $1,200.00 $4,800.00 33 Cut and Cap Existing 6" Water Main EA 1 $1,000.00 $1,000.00 34 Abandon Existing Water Valve EA 13 $750.00 $9,750.00 35 Connect New 1" Service Line to Existing Service Line EA 1 $1,000.00 $1,000.00 36 Remove Existing Cap and Connect New 12" Water Main to Existing 12" Water Main EA 1 $3,500.00 $3,500.00 37 Rock Excavation CY 100 $120.00 $12,000.00 0400-131'd Form - Addendum 1 00400-6 DOCUMENT 0400-BID FORM (c011tirt11cd) ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 38 Temp. Asphalt Paving (Maintenance of Traffic) Ton 35 $70.00 $2,450.00 J 39 Asphalt T-Patch (Street and Driveway Repair) SY 290 $135.00 $39,150.00 40 Concrete T-Patch (Street and Driveway Repair) SY 235 $85.00 $19,975.00 41 Gravel Driveway Repair Ton 75 $30.00 $2,250.00 42 Concrete Curb & Gutter Replacement LF 20 $45.00 $900.00 43 4" Concrete Sidewalk Repair SY 20 $65.00 $1,300.00 44 Barbed Wire Fence Replacement LF 50 $20.00 $1,000.00 45 Site Restoration LS 1 $4,500.00 $4,500.00 46 Tree Protection Fencing LF 200 $5.00 $1,000.00 47 Site Photographs & Video LS 1 $1,500.00 $1,500.00 48 Erosion Control LS 1 $3,500.00 $3,500.00 TOTAL AMOUNT BID (SCHEDULE 1) $935,932.00 BID SCHEDULE 2 (Huntsville Rd.) ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 49 Act 291 1993 Trench and Excavation System for Water and Sewer Installation LS 1 $4,000.00 $4,000.00 50 Traffic Control & Maintenance LS 1 $10,000.00 $10,000.00 51 Mobilization (Shall not exceed 5% of Schedule Bid) LS 1 $10,000.00 $10,000.00 52 Site Preparation (Clearing, Grubbing & Demolition) LS 1 $2,500.00 $2,500.00 53 Insurance and Bonding LS 1 $5,000.00 $5,000.00 54 1 Construction Staking LS 1 $10,000.00 $10,000.00 0400-Bid Form - Addendum 1 00400-7 DOCUMENT 0400-BID TOTEM (continued) EST. UNIT ITEM NO. DESCRIPTION UNIT QTY PRICE TOTAL 12" PVC, C-900, Class 200 DR-14 55 Water Main LF 940 $83.00 $78,020.00 8" PVC, C-900, Class 200 DR-14 56 Water Main LF 5 $45.00 $225.00 6" PVC, C-900, Class 200 DR-14 57 Water Main LF 115 $35.00 $4,025.00 1" Copper, Type K-Soft Water 58 1 Service Tubing LF 575 $25.00 $14,375.00 2" HDPE Encasement 59 (By Directional Bore) LF 300 $53.00 $15,900.00 60 12" Butterfly Valve with Box EA 5 $4,500.00 $22,500.00 61 6" Gate Valve with Box EA 2 $2,000.00 $4,000.00 Three Way Fire Hydrant Assembly 62 with Valve EA 2 $4,500.00 $9,000.00 Remove Existing Fire Hydrant and 63 Deliver to Owner EA 1 $1,500.00 $1,500.00 12" X 12" Tapping Sleeve and Valve 64 with Box EA 1 $5,000.00 $5,000.00 8" X 8" Tapping Sleeve and Valve 65 with Box EA 1 $3,000.00 $3,000.00 6" X 6" Tapping Sleeve and Valve 66 with Box EA 1 $2,800.00 $2,800.00 67 Epoxy Coated Ductile Iron Fittings LB 7500 $1.50 $11,250.00 Single Meter Setting, Complete, Including Pressure Reducer and Plumber Connection toExisting Building 68 Service EA 11 $900.00 $9,900.00 Double Meter Setting, Complete, Including Pressure Reducer and Plumber Connection to Existing Building 69 Service EA 1 $1,400.00 $1,400.00 70 Remove Existing Meter Setting EA 13 $250.00 $3,250.00 71 12" Saddle, 1" Corporation Stop and Tap EA 11 $750.00 $8,250.00 72 6" Saddle, 1" Corporation Stop and Tap EA 1 $650.00 $650.00 73 24" Direct Bury Steel Casing LF 20 $250.00 $5,000.00 0400-Bid Form - Addendum 1 00400-8 DOCUMENT 0400-BID FORM (continued..) ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 74 Cut and Cap Existing 8" Water Main EA 2 $2,500.00 $5,000.00 75 1 Cut and Cap Existing 6" Water Main EA 1 $2,500.00 $2,500.00 76 Abandon Existing Water Valve EA 2 $1,500.00 $3,000.00 77 Rock Excavation CY 50 $120.00 $6,000.00 78 Temp. Asphalt Paving (Maintenance of Traffic) Ton 40 $70.00 $2,800.00 79 Asphalt T-Patch (Street and Driveway Repair) SY 460 $135.00 $62,100.00 80 Concrete T-Patch (Street and Driveway Repair) SY 52 $85.00 $4,420.00 81 Gravel Driveway Repair Ton 150 $30.00 $4,500.00 82 Concrete Curb & Gutter Replacement LF 30 $45.00 $1,350.00 83 4" Concrete Sidewalk Repair SY 70 $65.00 $4,550.00 84 Site Restoration LS 1 $2,500.00 $2,500.00 85 Tree Protection Fencing LF 150 $3.00 $450.00 86 Site Photographs & Video LS 1 $1,500.00 $1,500.00 87 Erosion Control LS 1 $2,500.00 $2,500.00 88 4" White Bicycle Lane Striping LF 840 $5.00 $4,200.00 89 Bicycle Lane Symbol EA 2 $300.00 $600.00 90 Furnish and Install Mailbox EA 6 $250.00 $1,500.00 TOTAL, AMOUNT BID (SCHEDULE 2) $351,015.00 0400-Bid Form - Addendum 1 00400-9 BID SCHEDULE 3 (Garden Park Apartments) ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 91 Act 291 1993 Trench and Excavation System for Water and Sewer Installation LS 1 $6,000.00 $6,000.00 92 Traffic Control & Maintenance LS 1 $10,000.00 $10,000.00 93 Mobilization (Shall not exceed 5% of Schedule Bid) LS 1 $25,000.00 $25,000.00 94 Site Preparation (Clearing, Grubbing & Demolition) LS 1 $5,000.00 $5,000.00 95 Insurance and Bonding LS 1 $5,000.00 $5,000.00 96 Construction Staking LS 1 $10,000.00 $10,000.00 97 8" PVC, C-900, Class 200 DR-14 Water Main LF 1810 $70.00 $126,700.00 98 6" PVC, C-900, Class 200 DR-14 Water Main LF 40 $35.00 $1,400.00 99 2" Copper, Type K-Soft Water Service Tubing LF 165 $25,00 $4,125.00 100 8" Gate Valve with Box EA 10 $2,500.00 $25,000.00 101 6" Gate Valve with Box EA 3 $2,000.00 $6,000.00 102 2" Ball Valve with Box EA 6 $500.00 $3,000.00 103 Three Way Fire Hydrant Assembly with Valve EA 3 $4,500.00 $13,500.00 104 Remove Existing Fire Hydrant and Deliver to Owner EA 3 $1,500.00 $4,500.00 105 8" X 8" Tapping Sleeve and Valve with Box EA 1 $3,000.00 $3,000.00 106 6" X 6" Tapping Sleeve and Valve with Box EA 3 $2,800.00 $8,400.00 107 Epoxy Coated Ductile Iron Fittings LB 9500 $1.50 $14,250.00 108 Remove Existing Meter Setting EA 6 $450.00 $2,700.00 0400-Bid Form - Addendum 1 00400-10 DOCUMENT 0400-R D FORM (continued) ITEM NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 109 1 1/2" Meter Setting, Complete, Including Pressure Reducer and Plumber Connection to Existing Service EA 6 $3,500.00 $21,000.00 110 8" Saddle, V Corporation Stop and Tap EA $1,200.00 111 16" Direct Bury Steel Casing LF 20 $185.00 $3,700.00 112 Cuf and Cap Existing 6" Water Main EA 4 $2,500.00 $10,000.00 113 Abandon Existing Water Valve EA 12 $750.00 $9,000.00 114 Rock Excavation CY 50 $120.00 $6,000.00 115 Temp. Asphalt Paving (Maintenance of Traffic) Ton 75 $70.00 $5,250.00 116 Asphalt T-Patch (Street and Driveway Repair) SY 2000 $135.00 $270,000.00 117 Concrete Curb & Gutter Replacement LF 350 $45.00 $15,750.00 118 4" Concrete Sidewalk Repair SY 50 $65.00 $3,250.00 119 Asphalt Speed Bump Repair EA 6 $800.00 $4,800.00 120 4" Yellow Parking Lot Striping LF 900 $4.00 $3,600.00 121 Remove and Replace Existing Metal Fence LS 1 $1,500.00 $1,500.00 122 Site Restoration LS 1 $2,500.00 $2,500.00 123 Site Photographs & Video LS l $1,500.00 $1,500.00 124 Erosion Control LS 1 $1,500.00 $1,500.00 TOTAL AMOUNT BID (SCHEDULE 3) $632,925.00 TOTAL AMOUNT BID (SCHEDULE 1+2+3) $1,919,872.00 0400-Bid Form - Addendum 1 00400-11 A.j 97rlAVLZlrl�WA1AV LYZ7 SCHEDULE I for the City of Fayetteville BID # 17-31, CONSTRUCTION MARCH 2O17 w LMC uai rn r va P r' r� -- LYS:AFRLP [fl! W ALBERTA S r Ci D " D G f� T VICINITY MAP HUNTSVILLE ROAD 11Z11Vr V1LZ�,1?0o4V SCHEDULE II for the City of Fayetteville BID # 17-31, CONSTRUCTION MARCH 2O17 VICINITY MAP + A'AM7E V,�74A �?f ' SCHEDULE III for the City of Fayetteville BID # 17-31, CONSTRUCTION MARCH 2O17 YIlAYfS4N 81 Y; WUL T00JWCR1 IW '71L6E[Y W CEDAR ST GARDEN PARK APARTMENTS W HOLLY ST m r W JAMES ST n a n c� Pu ri Ip VICINITY MAP 0 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 UTILITIES DIRECTOR (700) 2017 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: $541,864 is requested in the Water System Rehabilitation/Replacement (12009) project for the construction of the MILK Blvd, Huntsville Rd, and Garden Park Apartments Waterline Improvements. The funds requested will come from Water Impact Fee funds and the necessary budget adjustment to transfer the funds to Water/Sewer is handled under project (07002). RESOLUTION/ORDINANCE COUNCIL DATE: 7/6/201 7 LEGISTAR FILE ID#: 2017-0320 L Cy -H atchen4, 6/16/2017 9:41 AM Budget Director TYPE: DESCRIPTION: GLDATE: POSTED: Date TOTAL 1,083,728 1,083,728 v.20170606 Increase / (Decrease) Project.Sub# Account Number _Expense Revenue Project Sub AT Account Name 5400.720.5600-5808.00 541,864- - 12009 1700 EX Water Line Improvements - Water Line Irr 5400.720.5600-6602.30 - 541,864 12009 1700 _ RE Transfer from Fund - Impact Fee 2300.720.9300-7602.40 2300.730.9300-4999.97 541,864 - 07002 1701 EX Transfers To Funds - Water & Sewer Fund 541,864 RE Use Fund Balance - Prior C:\Users\losmith\AppData\Roaming\L5\Temp\2fbd6675-7542-406b-bI f9-1 e0638cd4b62 I of 1 DOCUMENT 00610 — PERFORMANCE BOND. KNOW ALL MEN BY THESE PRESENTS: that Goins Enterprises, Inc. 3255 N. County Lane 252 Joplin, MO 64801 as Principal, hereinafter called Contractor, and The Ohio Casualty Insurance Company 175 Berkeley Street Boston, MA 02117 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 Bond Number 674027671 IIIIIlI IIIIIlIIIlIIII IIII INIIlII{I IIIIIlNII IIIII II I IIIII I{III Illll I{II 11{l Doc ID: 017530800009 Type: LIE Kind: PERFORMANCE BOND Recorded: 07/10/2017 at 01:41:49 PM Fee Amt: $55.00 Pape 1 of 9 Washington County, AR Kyle Sylvester Circuit Clerk //��� FileBO34-000©0 ! Tom/QQ as Obligee, hereinafter called Owner, in the amount of $1,919,872.2pfor the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated 7lGp , 2017, entered into a contract with Owner for the MLK. Blvd., Huntsville Rd. and Garden Park A artments Waterline Im rovernent Proiects which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner, Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations, thereunder, the Surety may promptly remedy the default, or shall promptly: 00610 Performance Bond 00610-1 DOCUMENT 0061.0 — PERFORMANCE BOND: (continued) A. Complete the Contract in accordance with its terns and conditions, or B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contractor contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators, or successors of the Owner. Signed and sealed this day of 20 / CONTRACTOR Goins Enterprises, Inc. (CORPORATE SEAL) 00610 Performance Bond 00610 — 2 DOCUMENT 00610 — PERFORMANCE BOND: (continued) SURETY The Ohio Casualty Insurance Company By Sa mett ATTORNEY -IN -FACT (This Bond shall be accompanied with Attorney-in-Fact's authority from Surety) COUNTERSIGNED: Resident Agent State of Arkansas N/A By (CORPORATE SEAL) Approved as to Form: Attorney for END OF DOCUMENT 00610 00610 Per£onn-,wee Bond 00610-3 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Ccuborle No. 7.781856 L iberly Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts. and West Anlerlcan Insurance Company is a corporation duly organized under the Paws of the State of Indiana (harem collectively called file "Companies"), pursuant to and by authority herein set forth, does hereby cams, constitute and appoint, Chandler H. Cullor� Erie D. Benton Kelly R. Watson; Linda S. Reynolds Mark E. Gardner' Sandra Burnett' Steven L. Nicholson all of the city of. Overland Park , state of KS each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 251h day of Mav 201 7 STATE OF PENNSYLVANIA as COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company David M. Carey; Assistant Secretary On this 25th day of May , 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and Wood American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have. hereunto subscribed my naive and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. I )'_ COMMONWEALTH OF PENNSYLVANIA�IY.ill t rltnvl N:➢I l l 111 N I 4 r blirete v re. r Itw t re. v ry (o my Teresa Paslella, No[ary Public M (r ss � l r M3 <fJt J021 Y Nart1 -1 .rrsYlvn This Power of Attorney is made and executed pursuant tEI o and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are new in full force and effect reading as follows: ARTICLE IV- OFFICERS -Section 12. Power orAterney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as enjoy any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fart, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or alemey-imam butler the provisions of this article may be revoked at any lime by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII -- Execution of Contracts-- SECTION 5- Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth In their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. - Car tiftcate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company. authorizes David M. Carey. Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signahl0 of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by lire Company in coral with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. - I. Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty hlsumnce Company, Liberty Mutual Insurance Company, and West American Insurance Comported hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of file Power of Attorney executed by said Companies, is in full force and effect and has uniform revoked. IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seals of said Companies this day of 20 r rr� > J o 1 t7 1n91 By: Renee C. Llewe ssistant Secretary 97 of 500 LMS 128z3 022017 Bond Number 674027671 DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: This Bond is issued simultaneously with Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that Goins Enterprises, Inc. 3255 N. County Lane 252 MO 64801 as Principal, hereinafter called Contractor, and The Ohio Casualty Insurance Company 175 Berkeley Street Boston MA 02117 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as lrerembelow defined, in the amount of S 1,919,872.00 , for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated _AULy k_, 20 11, entered into a contract with Owner for the MLI{ Blvd Huntsville Rd and Garden Park Apartments Waterline Improvement Proiects which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 00611-Labor & Matt Payment Bond 00611 — 1 DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract. B. The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of 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 sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant: Unless claimant other than one having a direct contract with Principal, shall have given written notice to any two of the following: the Contractor, the Owner, or the Surety within 90 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were fiirnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to Contractor, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, save that such service need not be made by a public officer. 2. After the expiration of one year following the date on which Contractor ceased Work on the Contract, it being understood, however, that if any limitation embodied in this Bond is prohibited by any Law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the mi ninmm period of limitation permitted by such Law. 00611-Labor & Matl Payment Bond 00611 — 2 DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND; (continued) Other than in a state court of competent jurisdiction in and for 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. D. The amount of this Bond shall be reduced by and to the extent of any payment or payments made ni good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. Signed and sealed this day of 1 2017. CONTRACTOR (CORPORATE SEAL) Goins Enterprises, Inc. By ,+tine- Cb r�s /'�h SURETY COUNTERSIGNED: Resident Agent State of Arkansas The Ohi sualty Insurance Company NIA By By - Sandra urnett 00611-Labor & Mad Payinent Bond 00611 — 3 DOCUMENT 00611 — LABOR AND MATERIAL PAYMENT BOND: (continued) ATTORNEY -IN -FACT (CORPORATE SEAL) (This Bond shall be accompanied with Attorney-in-Fact's authority'Ciorn Surety) Approved as to Form: Attorney for END OF DOCUMENT 00611 00611-Labor& Matt Payment Dond 00611-4 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7781855 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein colleclively called the Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, .Chandler H. Cullor: Erle D, Benton; Kelly R. Watson�Linda S. Reynolds Mark E. Gardner Sandra Burnett Steven L. Nicholson all of the city of Overland Park state of KS each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of those presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 25th day of _May , 2017 r r r �lnll �I 331 STATE OF PENNSYLVANIA as COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: David M. Carey; Assistant Secrotary On this 25th day of -May__ 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and remfirst above wrihen. �gP PAST. COMMONWEALTH Or PENNSYLVANIA Nmn�lI So.1 (" I."," I itir u, N<t, y Pm ue By: �-��� -� ar tern Mrrrnn+r.Mnr �,ry G, Teresa Pastella, Notary Public MyC s onf p e M3nn2t 2021 ra me r..4 +,nsvwsa nvoa nt„ur n,mr on This Power of Attorney is made and executed our to and by authority of the following Bylaws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer m othor official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely any and all undedakings, bonds, recognizances and other surety obligations. Such adeneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to and the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or altorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surely Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and delivor as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have All power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M, Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the. Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee O Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company. Liberty Mutual Insurance Company, and West American Insurance Company do hemby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked, IN TESTIMONY WHEREOF I have hr rounto set my Innd and affixed the seals of said Companies this day of 20 l/ r / /; � Renee 0 Dewe ssistanl Secretary 96 of 500 LMS 128]3 022011 DOCUMENT 00610 — PERFORMANCE BOND: KNOW ALL MEN BY THESE PRESENTS: that Goins Enterprises, Inc. 3255 N. County Lane 252 MO 64801 as Principal, hereinafter called Contractor, and The Ohio Casualty Insurance Company 175 Berkeley Street Boston, MA 02117 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 Bond Number 674027671 Doe ID: 017530800009 Type: LIE Kind: PERFORMANCE BOND Recorded: 07/10/2017 at 01:41:49 PM Fee Amt: $56.00 Pape 1 of 9 Vashlnaton Countv,.AR Kyle Sylvester Clrcult Clark F1IeB034-00000749 as Obligee, hereinafter called Owner, in the amount of $1.919.872.0 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated 740 , 2017, entered into a contract with Owner for the MLK. Blvd., Huntsville Rd. and Garden Park ADartments Waterline Improvement ro'ects which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDPfION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default tinder the Contract, the Owner having performed Ownces obligations, thereunder, the Surety may promptly remedy the default, or shall promptly: 00610 Performance Bond 00610-1 DOCUMENT 00610 —PERFORMANCE BOND: (continued) A. Complete the Contract in accordance with its terms and conditions, or B. Obtain a bid or bids for completing the Contract in'raccordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contractor contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two years from the date on which fmal payment under the Contract falls due. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators, or successors of the Owner. Signed and sealed this / 0 day of 1� 20 % 7 CONTRACTOR Goins Enterprises, Inc. By: �� ✓-� , �i� li'/I-titi.�e �o ��-�� �iYauG�'✓ 00610 Performance Bond 00610-2 (CORPORATE SEAL) DOCUMENT 00610 — PERFORMANCE BOND: (continued) a�ri The Ohio Casualty Insurance Company By Sa rnett ATTORNEY -IN -FACT (This Bond shall be accompanied with Attorney-in-Fact's authority from Surety) COUNTERSIGNED: Resident Agent State of Arkansas m (CORPORATE SEAL) Approved as to Form: Attorney for END OF DOCUMENT 00610 00610 Performance Bond 00610-3 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This 'Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the mmnner and to the extent herein slated. Celtifirale No. 7781856 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: Thal The Ohlo Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the latas of the Slate of Massachusetts. and West American Insurance Company is a corporation duly organized under the taws of the State of Indiana therein collectively called the *Companies'). pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Chandler H. Cullor Ede D. Bentorc Kelly R. Watson: Linda S. Reynolds: Mark E. Gardner Sandra Burnett; Steven L. Nicholson an of the city of Overland Park , state of KS each individually if there be more then one named, its true and lawful attorney -in -fact la make, execute, seal, ackr wdedge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings. bonds, recognizalces and other surely obligations, in pursuance of (hese presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their wm proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of (tie Companies have been affixed thereto this. 25th dayof May 2017 .. STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY The Ohio Casually Insurance Company Liberty Mutual Insurance Company West Amer�icaann Insurance Company By: ----- David M. Carey'Assistant secretary 1 On [his 25111 day of May , 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casually Company, and West Airmican Insurance Company, and that he. as such: being authorized W to do. execute the foregoing instrument for the purposes (herein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia. Pennsylvania, on the day and year first above written. Cumt. `COMMONWEALTH OF PENNSYLVANIA •((NOlwial antlz vTomsa PnslMN. Nalvy public By:ulm.r Merin Twp. rwmgomnry County Teresa Postella, Notary PublicMy Co.,n4uioa E.piu 9 Mord, 28.2021 G&"n,.,. l4iThis Power of Attorney is made and executed d by aulhodly of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in lull fame and effect reading as follows: ARTICLE IV- OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe. shall appoint such attorneys -in -fact, as may be necessary to acl in behalf of the Corporation to make, execute, seal. acknowledge and deliver as surely any and all undertakings,bonds. recernizances and other surely obligations. Such allorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representallve Or 21t0mery-in-lacl under the provisions of this article may be revoked at any lime by the Board, the Chairman, the Presiden[ar by me officer or officers granting such power or authority. ARTICLE XIB - Execution of Contrails - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by [he ctainnan or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such allarneys-ilrlad, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such altomeys-in-fact subject to the limitations set forth In their respective powers of attorney. shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company. authorizes David M Carey, Assistant Secretary to appoint such atlorneys-in- fed as may be necessary to act on behalf of the Company to make, execute. seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surely obligations. Authorization - By unanimous consent of the Company's SO, rd of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and affect as though manually affixed. - I. Ream C. Llewellyn. the undersigned, Assistant Secretary, The Ohio Casually Insurance Company. Liberty Mutual Insurance Company, and West American Insurance Company do Hereby cenify that the original power of attorney of what the foregoing is a full, true and corned copy of file Power of Attorney executed by said Companies, is in full torte and efted and has (lot been awaked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 }JW. 1! F' q ; )Y x.. ^ l.yr _��� y+.n at.�1l�,` � � ^ter 4 h')h'h 'r,` `] 1912 e " ` 1'I9t � By: inn.. '?„'-, .u,.,A' is 'm y. ° '' Renee C. Llewe islanf Seuele LMS 120y3_U2017 97 of 500 Bond Number 674027671 DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: This Bond is issued simultaneously with Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that Goins Enterprises, Inc. 3255 N. County Lane 252 Joplin, MO 64801 as Principal, hereinafter called Contractor, and The Ohio Casualty Insurance Company 175 Berkeley Street Boston MA 02117 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of S 1,919,872.00 , for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WI-LEREAS, Contractor has by written Agreement dated Jt)LG_, 20 11 entered into a contract with Owner for the MLIC Blvd Huntsville Rd and Garden Park Apartments Waterline Improvement Projects which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION Of THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the perfonnance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 00611-1-abor & Matt Payment Bond 00611 —1 DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract. B. The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defied, who has not been paid in full before the expiration of a period of 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 sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sutras as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant: Unless claimant oilier than one having a direct contract with Principal, shall have given written notice to any two of the following: the Contractor, the Owner, or the Surety within 90 days after such claimant did or perforated the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were fitrnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to Contractor, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any ntatmer in which legal process may be served in the state in which the aforesaid Project is located, save that such service need not be made by a public officer. 2. After the expiration of one year following the date on which Contractor ceased Work on the Contract, it being understood, however, that if any limitation embodied in this Bond is prohibited by any Law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the mutimmn period of limitation permitted by such Law. 00611-Labor & Mad Payment Bond 00611 -. 2 DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) 3. Other than in a state court of competent jurisdiction in and for 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. D. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. Signed and sealed this J day of 1T 2017. CONTRACTOR (CORPORATE SEAL) Goins Enterprises, Inc /� n By n. SURETY COUNTERSIGNED: Resident Agent State of Arkansas The Ohijo-Cpsualty Insurance Company N/A By BY Sandra urnett 00611-Labor & Mail Payment Bond 00611— 3 DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) ATTORNEY -IN -FACT (CORPORATE SEAL) (This Bond shall be accompanied with Attorney-inrFact's authority from Surety) Approved as to Form: Attorney for END OF DOCUMENT 00611 00611-Labor & Mail Payment Bond 00611 — 4 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein staled. Certificate No. 77at855 Ubedy Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duty organized under the laws of the Slate of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the Slate of Indiana (herein collectively called the 'Companil ), pursuant to and by authority herein set forth• does hereby name. constitute and appoint, Chandler H. Cullor. Ede D. Benton, Kelly R. Watson' Linda S. Reynolds' Mark E. Gardner Sandra BurnettSteven L. Nicholson all of the city of Overland Park slate of KS each individually it [here be more than one named. its toe and 18MIIJ alloney-in-fact to make, extux le, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of those presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or, official of the Companies and the corporate. seals of the Companies have been affixed thereto this 251h dayof May . 2017 000 Syq.:b.<DwI YSU.!{{.curs�) �N� nNt_ tt.11I')91 it R.x STATE OF PENNSYLVANIA as COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Weld 4merican Insurance Company David M. Carey'Assistant Socremry _ r On this 251h day of May 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casually Company, and West American Insurance Company, and that Ile, as such, being authorized so to do, execute the foregoing Instrument for the purposes [herein contained by signing on behalf of the corporations by himself as a duly authorized officer, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia. Pennsylvania, on the day and year first above written. �gP PAS)E COMMONWEALTH OF PENNSYLVANIA (�Po nv ilv Nouviyl Seel Tamxa Paslelta. Nelnry Punk By: eF VPPm Merion Twp. Montaomnry Calmly Teresa Pannone, Notary Public Jv f My C nnnuastmi Eapaes March 2a, 2a21 ry t•S•twP 4 Olq�, �p�% Mumlxr.Prn�uylvnru', ASxM,l4nn nlNW rich This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full farce and effect reading as follows: ARTICLE IV -OFFICERS- Section 12. Power olAlticmey. Any officer or other official of the Corpoation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings. bonds. recegnizanoes and other surety obligations. Such attorneys+n-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or allorney-In-fact under the provisions of (his article may be revoked at any lime by the Board, the Chairman, the President or by the officer or officers granting such power of authority. ARTICLE XIII -Execution of Contracts - SECTION 5. Surely Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as (he clairrnan or (he president may prescribe. shall appoint such attorneys -in -fact. as may be necessary to act in behal(of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds. recognizances and other surely obligations. Such altomeys-in-fact subject to the limitations set loth in their respective powers of attorney, shall have full power to bind the Company by [heir signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as it signed by the president and attested by the secretary. Certificate of Designation - The President of the Corri acting pursuant to the Bylaws of the Company, authorizes David M. Carey. Assistant Secretary to appoint such attorneys-tn. fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. - Authorization - By unanimous consent of the Company's Board of Directors, the Company consents Thal facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in cannection with surely bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Rene C, Llewellyn, the undersigned. Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby cetify that and original power of attorney of which [he foregoing Is a full, two and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I Have hereunto set my hand and affixed the seals of said Companies INS day of _ 20 0(00 t'A9•I,w,. M 1;x�_y" 1991 bByRe..K.:> LMS 12ex9 e2Ye17 96 of 500 Matt Casey Submitted By McClelland Consulting Engi..,,.s, Inc. 135-17 Bid #17-32 Goins Enterprises, Inc. City of Fayetteville Staff Review Form 2017-0431 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/27/2017 Engineering / _ Development Services Department Submitted Date Division / Department Action Recommendation: Approval of a contract in the amount of $6,000.00 with McClelland Consulting Engineers, Inc. to provide construction materials testing services for the MLK/Huntsville Rd./Garden Park Apartments Waterline Project 5400.720.5600-5314.00 Account Number 12009.1700 Project Number Budgeted Item? Yes Budget Impact: Water and Sewer Fund Water and Sewer.Rehabilitation/Replacement Project Title Current Budget $ 10,000.00 Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment $ 6,000.00 # Remaining Budget -71 V20140710 Previous Ordinance or Resolution # 135-17 Original Contract Number: Comments: Approval Date: P P -t q . CITY OF IrFAYETTEVILL.E ARKANSAS TO: Mayor and City Council THRU: Don Marr, Chief of Staff Tim Nyander, Utilities Director Chris Brown, P.E., City Engineer FROM: Matt Casey, P.E., Engineering Design Manager DATE: July 27, 2017 STAFF MEMO SUBJECT: Construction Materials Testing Agreement for MLK/Huntsville/Garden Park Apartments Waterline Project RECOMMENDATION. Staff recommends approval of the agreement with McClelland Consulting Engineers, Inc. to provide construction materials testing' services for the MLK/Huntsville Rd./Garden Park Apartments Waterline Project. BACKGROUND: On July 6, 2017, the City Council awarded the construction contract to Goins Enterprises, Inc. The contractor began construction on July 24, 2017. DISCUSSION: As part of the construction for the project, the City must hire a testing laboratory to perform quality control testing for the project. The testing includes performing density tests 'on the soil and gravel base and testing the strength of the asphalt and concrete. This testing is done to ensure that the materials and the workmanship of the construction are meeting the requirements of the project specifications. Engineering staff has received a proposal from McClelland Consulting Engineers, Inc. to perform these services. The estimated cost for testing services for this project is $6,000.00. BUDGET/STAFF IMPACT: This project is funded by the Water and Sewer Fund. Attachments: McClelland Agreement Vicinity Maps Mailing Address: 113 W. Mountain Street a vmfayettevllle-argov Fayetteville. AR 72701 McCLELLAND 1810 N. College Avenue ffl P.O. Box 1229 CONSULTING Fayetteville, AR 73703172702-1229 ,CE�479-443-2377/Fax 479-443-9241 ENGINEERS, INC. www.mce.us.com July 27, 2017 City of Fayetteville Engineering Division 125 W. Mountain Street Fayetteville, Arkansas 72701 ATTN: Mr. Matt Casey RE: Construction Materials Testing Garden Park Apartments, Huntsville Road, and Martin Luther King Boulevard Waterline Improvements Fayetteville, Arkansas Dear Mr. Casey, We are pleased to present our proposal for the construction materials testing and special inspections relevant to the planned Garden Park Apartments, Huntsville Road, and Martin Luther King Boulevard Waterline Improvements project in Fayetteville, Arkansas. The following information is presented for your consideration and is aimed at assisting in the formation of your construction budget. ➢ Base Density Testing: Subtotal = $6,000.00 Based on the assumptions detailed in the forgoing proposal, we can provide construction materials testing on this project for a Lump -Sure fee of $6,000.00. McClelland Consulting Engineers, Inc. is hereby authorized to proceed in accordance with the foregoing V oposal. ^ N Title Date The information on the following pages provides further detail regarding the anticipated testing scope on the project which includes number of trips for each service, time spent onsite for each service, and other assumptions which were integral in arriving at the estimated fee amount. I Mr. Matt Casey City of Fayetteville Engineering Division July 27, 2017 Page 2 Based on the provided current construction plans and our general understanding of the project, the project scope is to consist of new construction of existing waterlines with an approximate total length of 5,700 linear feet. Based on our understanding of the project and the provided information, testing is anticipated to consist of base density testing above the new waterline sections in areas referenced with "Class 7 Backfill" on the provided project plans. To better your understanding of our associated fees, we presented an estimated per -trip price for the services we anticipate providing on this project. The provided per -trip price assumes the following factors: •.- A certified technician spending thirty (30) minutes onsite for each base density testing trip. Anticipated Class 7 backfill thicknesses will range from three (3) feet to eight (8) feet. o Three (3) density tests being conducted each trip per lift, per individual backfill area, and/or per 500 linear feet of Class 7 Backfill . We have also assumed that the project duration will be approximately three (3) months. From the assumptions and project details referenced above, we estimated the following per -trip prices and subtotals for each service anticipated being required: MLK Boulevard Soil and Base Density Testing: $150.00 per trip •:• Base Course Material - 15 trips • Subtotal: $2,250.00 Huntsville Road Soil and Base Density Testing: •:• Base Course Material— 10 trips • Subtotal: $1,500.00 Garden Park Apartments Soil and Base Density Testing: Base Course Material — 15 trips • Subtotal $2,250.00 .$150.00 per trip $150.00 per trip Mr. Matt Casey City of Fayetteville Engineering Division July 27, 2017 Page 3 Our estimated number of trips for the referenced testing service is based upon experience on projects in the area with similar scope and size. If the project scope varies after submittal of this document and prior to construction, please allow for the review/revision of this document. We appreciate the opportunity to submit this proposal for construction materials testing relevant to the Garden Park Apartments, Huntsville Road, and Martin Luther King Boulevard Waterline Improvements Project in Fayetteville, Arkansas. Please contact us with any questions or concerns that you might have regarding the information contained in this proposal. Sincerely, Steven J. ead, PE Geotechnical Engineer Sam ahaffey Construction Materials Testing Supervisor, ",DIRT/NL UTHERA/NC BL VAC SCHEDULE 1 for the City of Fayetteville BID # 17-31, CONSTRUCTION MARCH 2O17 W LILAC DR `x w a A A CATALPA DR W ALBERTA Si c i m 0 o M`KO�V� 1 VICINITY MAP fHU/VrsV&LEROAO SCHEDULE II for the City of Fayetteville BID # 17-31, CONSTRUCTION MARCH 2O17 x g o� 0 g HUNTSVRIE ROAD x ao - o 0 F z O g VICINITY MAP ,�AR�ENPARf� SCHEDULE III for the City of Fayetteville BID # 17-31, CONSTRUCTION MARCH 2O17 W LAWSON ST W MOUNT COMFORT RD l HEFLEY ST W CEDAR ST GARDEN PARK APARTMENTS W HOLLY ST z y W JAMES ST z s 0 �p'NpTO Hq�F WMa/N7 �MFpR z z 0 VICINITY MAP