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209-17 RESOLUTION
k FAYFpf �r 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 209-17 File Number: 2017-0502 BID #17-55 A&A SERVICE ELECTRIC INC.: A RESOLUTION TO AWARD BID #17-55 AND AUTHORIZE A CONTRACT WITH A&A SERVICE ELECTRIC, INC. IN THE AMOUNT OF $810,483.00 FOR THE INSTALLATION OF LIGHTING ALONG THE MUD CREEK TRAIL AND THE NORTHERN PORTION OF THE RAZORBACK REGIONAL GREENWAY, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $16,209.66, 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 #17-55 and authorizes Mayor Jordan to sign a contract with A&A Service Electric, Inc. in the amount of $810,483.00 for the installation of lighting along the Mud Creek Trail and the northern portion of the Razorback Regional Greenway, and further approves a project contingency in the amount of $16,209.66. 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 10/3/2017 Page 1 Attest: J� 1. Sondra E. Smith, City Clerk Treasure,,&,`1t11111,,,,, .0 =C)KA �r�i •.� t.�` 1'r iOtA `''�� City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0502 Agenda Date: 10/3/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 15 BID #17-55 A&A SERVICE ELECTRIC INC.: A RESOLUTION TO AWARD BID #17-55 AND AUTHORIZE A CONTRACT WITH A&A SERVICE ELECTRIC, INC. IN THE AMOUNT OF $810,483.00 FOR THE INSTALLATION OF LIGHTING ALONG THE MUD CREEK TRAIL AND THE NORTHERN PORTION OF THE RAZORBACK REGIONAL GREENWAY, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $16,209.66, 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 #17-55 and authorizes Mayor Jordan to sign a contract with A&A Service Electric, Inc. in the amount of $810,483.00 for the installation of lighting along the Mud Creek Trail and the northern portion of the Razorback Regional Greenway, and further approves a project contingency in the amount of $16,209.66. 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 1014/2017 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2017-0502 Legistar File ID October 3th, 2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/15/2017 Engineering / Development Services Department Submitted Date Division / Department Action Recommendation: Approval of a resolution awarding Bid 17-55 and authorizing a contract with A&A Service Electric Inc. in the amount of $810,483.00 with a 2% project contingency in the amount $16,209.66 and approval of a budget adjustment in the amount of $110,000 for the installation of lighting along the entirety of the Mud Creek Trail and the northern portion of the Razorback Regional Greenway. 4470.800.8830-5814.05 Account Number 15017 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Previous Ordinance or Resolution # 209-16 Original Contract Number: Comments: Budget Impact: Sales Tax Cap Imp Fund Mud Creek Trail Lighting Project Title Current Budget $ Funds Obligated $ Current Balance $ Item Cost $ Budget Adjustment $ Remaining Budget $ Approval Date: 747,020.00 28,513.00 718,507.00 826,692.66 110, 000.00 1 V20140710 CITY OF Tk*a. e ARKANSAS MEETING OF OCTOBER 3, 2017 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Terry Gulley, Transportation Services Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: September 15th, 2017 SUBJECT: 2017-0502 Mud Creek Trail Lighting RECOMMENDATION: Approval of a resolution awarding Bid 17-55 and authorizing a contract with A&A Service Electric Inc. in the amount of $810,483.00 with a 2% project contingency in the amount $16,209.66 and approval of a budget adjustment in the amount of $110,000 for the installation of lighting along the entirety of the Mud Creek Trail and the northern portion of the Razorback Regional Greenway. BACKGROUND: Based on strong citizen support for lighting of the Mud Creek Trail, a capital improvement project was established in the 2015 with a budget of $250,000 allocated. In 2016, the City was awarded an 80/20 Transportation Alternatives Grant in the amount of $500,000. The grant funding has allowed the scope of the lighting project to include all of Mud Creek Trail as well as the northern portion of the Razorback Greenway for 3.4 miles of new trail lighting. Currently 8 miles of the 43 mile Fayetteville trail system includes lighting. The Razorback Regional Greenway includes lighting from the starting point south of Walker Park extending 5 1/2 miles to the north side of the Fulbright Expressway. Many trail users have expressed their desire for expanding the lighting north along the Razorback Regional Greenway and east along the Mud Creek Trail to Old Missouri Road. In a 2015 trail user survey, expanding the trail lighting ranked as the fourth most desired improvement to the trail system. As one of the first trails constructed in the city, the Mud Creek Trail has numerous businesses destinations, many of which are open all hours of the day and night. The inclusion of trail lighting will provide safe and accessible way for employees and customers to access these business destinations all hours utilizing the trail. Mud Creek Trail also serves a large residential population who use the trail regularly for recreation and transportation. A recent count on Mud Creek Trail showed an average of 365 trail users per day during the months of March to April of 2016 with a peak of over 2,000 users on April 1 st 2016. Two major apartment buildings have recently opened adjacent to Mud Creek Trail and provide an estimated 635 units or 1,270 new Mailing Address: 113 W. Mountain Street wrww.tayetteviile-ar.gov Fayetteville, AR 72701 residents to the area that will be able to enjoy the trail during all hours with the addition of lighting. DISCUSSION: A willingness to apply for funding for the Mud Creek Trail lighting project was approved on May 17th, 2016 by resolution 104-16. In September of 2016, the City was awarded the full amount requested in the amount of $500,000 through the Transportation Alternatives Program administered through the Arkansas Transportation Department. BUDGET/STAFF IMPACT: Formal bids were opened on September 14th, 2017 with six bidders responding and A&A Service Electric Inc. was the lowest responsive bidder. With the combined Transportation Alternatives Program funding ($500,000) and 2015 capital improvement project funds ($250,000), the total for the project funding is $750,000. A budget adjustment has been included to transfer $110,000.00 from the Cato Springs Trail to provide sufficient funding to award bid 17-55. Enough funding will remain in the Cato Springs Trail project to complete the trail. Attachments: Mud Creek Trail Lighting Map Bid 17-55 Bid Tabulation A&A Service Electric Inc. - signed agreement Budget Adjustment I 44�s I d � �r��'lID"{peg � g ♦ ry PFSd' 1 p UJ a0 SS3NIsn8 o rs w a .._ d Q5 m j- a _ .•,: 0 HVd O co C Q o ❑ y LL C Z V N 100 Q W Q)n i a030018Hmos m J ~ r Sco >: Nl.11110V31d v X16 >.- a. a� O = Q m OR L _� 80 300211 J C — AID L G1 ii � �03aIHSll38 Q � O '° LLI L w m - p - c6 C .a y LL +-' ah N FROG z ; 3AVN001 y 4% L m @Z a t93 aZc LL to LU On � It S 1NOad � N 0. � i HCI HOII v� 3AV 30 31100 � O >? ks p a!U W4llHS ,. X ww -W n:.r,, H d W U ++ wCy u Y t WZ � w3AV .Ap tANIV-ld N IL o `° o - > v .o v W z o m i-2 w a c� > 3A Y K a 0 — Ra ❑ _ a d N M 4 ...... REOESS LN a o 0.1 '_ > 00 1 A C:) li O > C c� 7 N C S fn L CL CL m w LO 2 o a0 w J �S ro CD 49 O ' 0) N o nnog + O 06m4 0 Q dp i W a- Lu o p W LO �C�' 33AV OOOMHiNON Z ❑ 801N3VUSMNr d N XU 2 w 6'3dIdONVs I J o �dp2 z O mk Tralf �y Q o o� ST a`�L& /C�Muaaa� �euoi6a� � oegaoz�� . _ 14 allti�u01u39 of Q •;�z 3n 003kl �. 40 c L 00 J E E I .E _ 8 S is v T n P2 _ tt� 9® .n S�wcca M9 o y� G o a mtp, C c ^l YT 2 H �N _ lyY k� as'ais�s.s s 01 v V o sus s,. a W 89 o Gt a _ a �cU oB o 0 0O$a W N sqw n1pp1 �n o�o � 8 w o o n a :i NS gi .M .M ri. w 9 ry a X88$S- 6 o 84 BSS S ; z alo mi: sa - a 8 S 5 S$ S S $ 8 3f Ti ci a - h w N�N o9 a - 74 aomNg- uo5 a DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: MUD CREED, TRAIL LIGHTING Contract No.: THIS AGREEMENT is dated as of the � �y day of a01('Okyxr in the year 2017 by and between The City of Fayetteville, Arkansas and (hereinafter called Contractor). ARTICLE I : WORK 1.01 Contractor shall complete all Work as specified or indicated. in the Contract Documents.. The work tender this Contract includes; but is not limited to: 1. Mobilization/Demobilization 2. Clearing & Grubbing of vegetation for placement of conduit and lighting �. Trenching of electrical conduit 4. Installation of electrical conduit, identification tape and pull boxes. 5. Dressing up the soil around the trench area providing proper compaction, seed and straw. b. Installation of fiberglass light poles and fixtures. 1 7. Installation of power service panels 8. Pulling of the electrical wire 9. Complete site restoration including, topsail, select grading, sod and seed. fi' ARTICLE 2 - ENGINEER 2.01 The Project has been designed by the Shane Lanning of Engineering Elements, who is hereinafter called Engineer. The Engineer assumes all duties and responsibilities, City of Fayetteville 00500-1 Job 040741 Mud Creek Trail Lighting DOCUMENT 00500 — AGREEMENT (continued) and has the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work will be Substantially Completed within 120 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within 150 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Two Hundred Dollars ($200.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion City of Fayetteville 00500-2 Job 040741 Mud Creek Trail Lighting DOCUMENT 00500 — AGREEMENT (continued) and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Two Hundred Dollars ($200.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 Charges, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as City of Fayetteville 00500-3 Job 040741 Mud Creek Trail Lighting DOCUMENT 00500 —AGREEMENT (continued) recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 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. 90% of Work .Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may detennine that as long as the character and progress of the Work subsequently remain satisfactory to thein, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 2. Upon Substantial Completion, The City of Fayetteville shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall detennine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. City of Fayetteville 00500-4 Job 040741 Mud Geek Trail Lighting I DOCUMENT (10i00— 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 City of Fayetteville 00500-5 Job 040741 Mud Creek Trail Lighting 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 con -elated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. City of Fayetteville 00500-6 Job 040741 Mud Creek Trail Lighting DOCUMENT 00500 — AGREEMENT (continued) 1 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid: c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: MUD CREEK TRAIL LIGHTING City of Fayetteville 00500-7 Job 040741 Mud Creek Trail Lighting r DOCUMENT 00500 —AGREEMENT (continued) 8. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all City of Fayetteville 00500-8 Job 040741 Mud Creek Trail Lighting DOCUMENT 00500 — AGREEMENT (continued) 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. OTHER PROVISIONS: Not Applicable. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf. City of Fayetteville 00500-9 Job 040741 Mud Creek Trail Lighting DOCUMENT 00500 — AGREEMENT (continued) This Agreement will be effective on�('�11, '� i g � t , 2011, which is the Effective Date of the Agreement. Name Written ex GL 0 Signature Title: CITY OF FAYETTEVILLE Name Written: ioneld lardan Signature: Title: Mayor 0A.NNO vAligm (SBAUt 1€�rr � E ec uran 1r . ARIGaNW (SEAL) My Gty;r�,ia; :r„ c. ;•.,, 10MUGry 9, 2026 !7347044 Attest 7Attest—. ----4 f / CJ Y 0 E t FAYETTE i- • •xi . w ;kA NS •'�ti�r City of Fayetteville 00500-10 Job 040741 Mud Creek Trail Lighting DOCUMENT 00500 -- AGREEMENT (continued) Address for giving notices l � r U ° --" -11r� c a r-' —' � . Q -Q C2 (', a. -�) - License No. j--1 19 for giving notices 113 W. Mountain Street Fayetteville Alt, 72701 (attach evidence of authority to sign and resolution or other documents Agent for Service ,of process authorizing execution of Agreement) 'iK, C Li-- k -- C -- (If Contractor is a corporation, attach evidence of authority to sign.) END OF DOCUMENT 00500 Approved As to Form: By: Attorney For: City of Fayetteville 00500- 11 Job 040741 Mud Creek Trail Lighting City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 TRANSPORTATION SERVICES (410) 2017 Requestor: Matt Mihalevich BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: The Mud Creek Trail Lighting Project (15017) requires additional funding to award bid 17-55. Funds are available in the Cato Springs Trail Project (02016.1501) and this request is to transfer $110,000 to project 15017 so installation of the Mud Creek Trail Lighting can proceed. RESOLUTION/ORDINANCE COUNCIL DATE: LEGISTAR FILE ID#: 10/3/2017 2017-0502 Lim H utcheww 9/15/2017 3:49 PM Budget Director TYPE: DESCRIPTION: GLDATE: POSTED: Date TOTAL Account Number - - Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub AT v.20170707 Account Name 4470.800.8830-5810.00 (9,498) - 02016 1405 EX Easements - Easements 4470.800.8830-5814.05 (100,502) 02016 1405 EX Sidewalk/Trails -Trails 4470.800.8830-5814.05 110,000 - 15017 1 EX Sidewalk/Trails -Trails C:\Users\losmith\AppData\Roaming\L5\Temp\4b78de10-bOa4-4a3d-bb52-66bfe9654693 1 of 1 Branson, Lisa From: CityClerk Sent: Wednesday, September 27, 2017 10:45 AM To: Alan Long (Longward4@gmail.com); Pennington, Blake; Broyles, Lana; citycouncil@matthewpetty.org; Marr, Don; Eads, Gail; Roberts, Gina,- Johnson, Kimberly; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Lynch, Rhonda; Norton, Susan; Smith, Lorinda; Smith, Sondra; Gray, Adella; Marsh, Sarah; Kinion, Mark; Tennant, Justin; Bunch, Sarah; La Tour, John; Long, Alan Cc: CityClerk Subject: Grant Funding for the Trail Program Council Members, From 2007 to date, the City of Fayetteville has received $9,784,601 in private and federal grants. The total City funding to date is $16,007,000. The grant funds represent a 61% increase in City funding for the trails program. Grant funding represents nearly 40% of the total funding for trails. -TrAk"s ftM W XU .a S1 ;"# tIi+L�.jC7�'Ca *.rk-I-'v.i '1 =42 M' F" ;-Nw' 3 .a� IKcIF" F*'9IU' %r �-ag ii *w;J y'.lir'+�i 1`c::d all; 4a %R:.= Viimt.ar: ki�xai� k #rlsr' � 1':•;di;1i���r:�r�ltdv�:i+4�osS� �."r.E'�.sf: W Firs dndlf.r&r1107. — rx:1 Matt Mihalevich, PLA Trails Coordinator Engineering Division City of Fayetteville, Arkansas 479.444.3416 m_n- ihalevich@fayetteville-ar.gov Trails Website I Facebook I Twitter I YouTuhe Granite Re, Inc. Performance Bond CONTRACTOR: A & A Service Electric, Inc. 11420 Jack Duncan Road Cabot, AR 72023 OWNER: City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, AR 72701 CONTRACT: Date: 9/15/2017 SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 7 Doc ID: 017691590007 Type: LIE Kind: PERFORMANCE BOND Recorded: 10/18/2017 at 12:11:22 PM Fee Amt: $45.00 Pape 1 of 7 Washington County, AR Kyle Sylvester Circuit Clerk Fileg034-000009 I% 0 L Amount: Eight Hundred Ten Thousand Four Hundred Eighty-three And No/100THS ($810,483.00) Description: Mudd Creek Trail Lighting - Fullbright expressway to Old Missouri Road, Fayetteville, AR 72701 (Job#040741, Bid #17-55) BOND: Bond#: GRAR38766 Date: 10/10/2017 Amount : Eight Hundred Ten Thousand Four Hundred Eighty-three And No/100THS ($810,483.00) Modifications to this Bond: X No ❑ Yes, see last page CONTRACTOR AS PRINCIPAL A & A Service Electric nc. SURETY Granite Re, Inc. Ana""Signature: 000Signature: &"Z% Name and it Name and Title: Sherese Escovedo 7 3 GR0709-16 Attomey-in-Fact (� BancorpSouth Insurance Services, Inc. P.O. Box 251510, Little Rock, AR 72225 (501) 664-7705 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conference; as provided in Subparagraph 3.1. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety, demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner releases the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of The Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. GR0709-16 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within one year after Contractor Default or within one year after the Contractor ceased working or within one year after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 13. Principal:The individual or entity named and listed under the section of this bond titled Contractor. The entity or individual named as Contractor is not assignable. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company Signature Name an( GR0709-16 SURETY L (� Company: ryk 'c * �- Signature: Name and Title: Granite Re, Inc. Payment Bond CONTRACTOR: A & A Service Electric, Inc. 11420 Jack Duncan Road Cabot, AR 72023 OWNER: City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, AR 72701 CONTRACT: Date: 9/15/2017 SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 Amount: Eight Hundred Ten Thousand Four Hundred Eighty-three And No/100THS ($810,483.00) Description: Mudd Creek Trail Lighting - Fullbright expressway to Old Missouri Road, Fayetteville, AR 72701 (Job#040741, Bid #17-55) BOND: Bond#: GRAR38766 Date: 10/10/2017 Amount : Eight Hundred Ten Thousand Four Hundred Eighty-three And No/100THS ($810,483.00) Modifications to this Bond: X No ❑ Yes, see last page CONTRACTOR AS PRINCIPAL Signature) Name and anrilffrl� ii SURETY Granite Re, Inc. Signature: Name and Tit e: Sherese Escovedo Attorney -in -Fact BancorpSouth Insurance Services, Inc. P.O. Box 251510, Little Rock, AR 72225 (501) 664-7705 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, Successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity whose labor, materials or equipment were furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. GR0709-15 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. Within a reasonable period of time after the claimant has satisfied the conditions of Paragraph 4 and after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed and earned amounts. These amounts shall only be paid if previously certified by the Architect or Engineer and paid to Contractor by Owner. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as provided under this Bond. 6. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 7. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 8. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 9. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by Claimant or the last materials or equipment were furnished by Claimant under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. GR0709-15 " t 11. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 12. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 13. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 14. DEFINITIONS 14.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone, service or rental equipment used in the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 14.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 15. Principal: The individual or entity named and listed under the section of the bond titled "Contractor". This individual or entity is not assignable. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY - Company: Company: V� &7 l X�u JVXG---7,,j1 Y& Signature. Signature. Name and1l Name and Title: 1-�p GR0709-15 GRANITE RE, INC. - - GENERAL POWER OF ATTORNEY - Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: KEVIN M. BRUICK; MIKE HALTER; SYLVIA A. YOUNG; CAROLYN HUNTER; SHERESE ESCOVEDO; JEAN L. GRAMLING; BRIAN A. BOYD; JODY LENSING; J. ALAN,ROGERS; MIKI J. ROGERS; SHANA MEYER; LANDON FISHER its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all - and whatsoever the said: KEVIN M. BRUICK; MIKE HALTER; SYLVIA A. YOUNG; CAROLYN HUNTER; SHERESE ESCOVEDO; JEAN L. GRAMLING; BRIAN A. BOYD; JODY LENSING; J. ALAN ROGERS; MIKI J. ROGERS; SHANA MEYER; LANDON FISHER may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 14'" day of June, 2017. Kenneth D. Whitting on, President STATE OF OKLAHOMA ) s E A L / SS: COUNTY OF OKLAHOMA ) Kyle . McDonald, Treasurer On this 141' day of June, 2017, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal ofsaid corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. - My Commission Expires: August 8, 2021 a Nota Public Commission #: 01013257 �opoK4�°� GRANITE RE, INC. Certificate - THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN ,41TNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this - day of C4%�tf��iC �(' , 20—n• S E A L Kyle P. McDonald, Secretary/Treasurer GR0800-1 ACORO® CERTIFICATE OF LIABILITY INSURANCE `�" DATE(MM/DONYYY) 10/18/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Faulkner Financial Services, Inc. 7816 JFK BLVD SHERWOOD AR 72120-5200 NACONTACT:Ronald Knight PHONE 501-835-2859 FAX 501-835-0717 A/c Ne Ext): ac Ne : E D 1L : tfaulkner@farmersagent.com INSURER(S) AFFORDING COVERAGE NAIC q INSURER A: Atlantic Casualty Insurance INSURED A&A SERVICE ELECTRIC, INC 11420 JACK DUNCAN RD INSURER B : Allstate INSURER C Travelers INSURER D: CABOT AR 72023 INSURER E : ED- PR MISES Ea acamence $ 50,000 501-529-1089 INSURER F: GUVtKAIatb CERTIFICATE NUMBER' R9=VICIt1N NI IMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD POUCY EXP MMIDD UMn's A COMMERCIAL GENERAL LIABILITY CLAIMSDAMAGETORE �AADE OCCUR L103002877 06/06/2017 06/06/2018 EACH OCCURRENCE $ 1,000,000 ED- PR MISES Ea acamence $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: IqPOLICY 1-1JECT 0 LOC GENERAL AGGREGATE $ 1,000,000 PRODUCTS - COMP/OP AGG $ 100,000 $ OTHER: B AUTOMOBILE LIABILITY ANY AUTO 985104482 02/21/2017 02/21/2018 Ea BINErDitSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ 500,000 A�OOISNNED AUTOESULED BODILY INJURY (Per accident) $ 500,000 NON -OWNED HIRED AUTOS AUTOS PPR PPS T DAMAGE $ 25,000 UMBRELLA UABOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMSaNADE DED I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? pj NIA 6JUB-9F630602 03/11/2017 03/11/2018 PER OTH- STATUTE ER E.L.EACH ACCIDENT $ 100.00 . E . DISEASE - EA EMPLOYE9 $ 100,000 (Mandatory In NH) Ifes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT I $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: City of Fayettevile Mud Creek Trail Lighting Project Attn:Matt Mihalevich, PLA Trails Coordinator Engineering Division City of Fayetteville, Arkansas ACORD 25 (2014/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ronald Knight CEJ 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Web software. www.FoffnsBoss.com; ? Impressive Publishing 800.208-1977 Matt Mihalevich Submitted By A, -VA &Ntict, Eleemc 1�c G© vl1 City of Fayetteville Staff Review Form 2018-0279 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/17/2018 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff requests approval of Change Order #1 with A&A Service Electric Inc. to increase the original contract amount of $810,483 for additional work in the amount of $8,524 resulting in a new contract amount of $819,007. The contract with A&A Service Electric Inc. was approved by resolution 209-17 with a 2% contingency in the amount of $16,209.66 so this request is within.the approved project contingency. 4470.800.8830-5814.05 Account Number 15017.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Sales Tax Cap. Imp. Fund Mud Creek Trail Lighting Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 448,011.00 $ 433,194.00 $ 14,817.00 $ 8,524.00 $ 6,293.00 V20180321 Purchase Order Number: 2017-00000722 Previous Ordinance or Resolution # 209-17 Change Order Number: Original Contract Number: Comments: 1 2017-00000034 Approval Date: CITY OF • FAYETTEVILLE ARKANSAS TO: Mayor THRU: Don Marr, Chief of Staff Terry Gulley, Transportation Services Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: May 171h, 2018 SUBJECT: 2018-0279 Mud Creek Trail Lighting — Change Order #1 STAFF MEMO RECOMMENDATION: Staff requests approval of Change Order #1 with A&A Service Electric Inc. to increase the original contract amount of $810,483 for additional work in the amount of $8,524 resulting in a new contract amount of $819,007. The contract with A&A Service Electric Inc. was approved by resolution 209-17 with a 2% contingency in the amount of $16,209.66 so this request is within the approved project contingency. BACKGROUND: A capital improvement project was established in the 2015 with a budget of $250,000 for installing trail lights along Mud Creek Trail. In 2016, the City was awarded an 80/20 Transportation Alternatives Grant in the amount of $500,000. The lights are now fully operational along all of Mud Creek Trail as well as the northern portion of the Razorback Greenway for a total of 3.4 miles of new trail lighting. DISCUSSION: At the completion of the project, there were 7 extra light poles and fixtures. The proposed change order includes the electrical wire and installation of these 7 extra trail lights along a new section of the Clabber Creek Trail from the Razorback Greenway to Gregg Avenue. In addition, the proposed change order includes the relocation of one electrical service panel, 32 linear feet of directional bore, and 30 additional contract days for the extra work. BUDGET/STAFF IMPACT: The contract with A&A Service Electric was approved on October 3rd, 2017 as resolution 209-17 in the amount of $810,483 with a 2% contingency in the amount of $16,209.66. The proposed change order will increase the contract amount by $8,524 to $819,007 for the additional work and is within the approved contingency. Attachments: Purchase Order 2017-00000722 with change order mark-up Change Order — Signed by A&A Service Electric Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 IAbrth R�` eelCZ y` pFayetteville Vicinity Map 0: O 2Johns� ,.,,. 0 �c _N OR m Mud Creek•Trail iu PRIVATE 4245 / `SyEPHERD LN Q o �"JANE..CIRCLE DR_ GEORG.ETOW..NE'sQUARE DR0 0 tV i.J, _J C m'pNNE .DR-=-�s%�¢�:=� o I 0 Trail Lighting Project MARY_DR3 UpTow o Apart ants 320 U its O o H Appro ehd W at U to Academy a J - '�, Sports i staff st r \ _ u yeasta. ti Cease a. F�� ""d ` S rail th , Joyce Side - Watermar �� �1 �i M Creek•Trai/ .�- -pa Lu Noodles a ire c Nw Apartment �� �d RAIJq (e, Ur g 315 Units ' —m v� �.� l w N ` N Approved u' 'i 3 z �_ - Mud Gree Z Mw nortyaru O L " VAN ASCHE=DR Marriot t w y w O_ ,,. � PR V�1TE 1Q'-FARGO:RD• ' `` er Olive N Panes Bread ff.. f -- .� - �o SAIN.ST� !f _ r Garden Buttertield'ira I Senior Villag 1 Target N iL Q 5pp -PRI-Awsu G 2� o MP 3 9TF BU > 4ZProposed Additional 7 U — o Trail Lightings on the p o SWALLOW=6 iI _Z ;_' Clabber Creek Trail Im BROO H VEN-DR �- p�e' EICFf=�'S � -FTRAIL Z 6.1ELAINE AV W 1' I F J Legend l Q -LONGVIEW -ST KENRAk S ¢ J'a Existing Shared -Use Paved Trail z, , :a ° f Proposed Trail Lighting - 3.4 Mile Existing Trail Lighting - 8 Miles Fayetteville Standard LED Trail Light —_ t .... II J--t-l+a+ ] 1 M w 1 FAFRR e_ ... ..-_ CITY OF Ye y 0 250 500 1,000 1,500 2,000 ARKANSAS Feet Razorback Regional Greenway and Mud Creek Trail Lighting Fulbright Expressway to Old Missouri Road - 3.4 Miles CITY OF AYETTEVILLE ARKANSAS. CHANGE ORDER Contract Number Contract Title 2017-00000034 Mud Creek Trail Lighting Bid 17-55 Change Order No. ' 1 Date of Issuance May 15, 2018 Unit of Measure To Contractor: A&A Service Electric RESOLUTION: 209-17 AHTD #040741 The Contract is changed as follows: Contract Changes Item No. Bid Item Description Previous Estimated Quantity Unit of Measure Contract Unit Price Revised Estimated Quantity Revised Unit Price Original Estimated Cost Revised Estimated Cost A. C.O. #1.1 Remove & Relocate Pedestal ' LS 1.00 $4,230.00 $0.00 $4,230.00 B. l l IDirectional Boring -800.00 LF $20.00 832.00 $20.00 $16,000.00 $16,640.00 C. 16 No. 8 AWG Copper Conductor 19,440.00 LF $0.96 20,340.00 $0.96 $18,662.40 $19,526.40- D. 1 18 INo. 4 AWG Copper Conductor 7,920.00 LF $1.55 9,720.00 $1.55 $12,276.00 $15,066:00 Summation of Cost $46,938.40 $55,462.40 Net Cost for this Change Order $8,524.00 Time rhanoe Construction Start Date _ kInal Substantial Comµpletion Date This Chane Order(calendar da s �o.- New Substantial Completion Date -- ..y. n. p .~ New Final Completion Dater- .� September 15th 2017 Aril l2th 2018 30 da s* Ma 12th 2018 June 12th 2018 The original Contract Price was _ Net Shan&e by previous authorized change orders �� The Contract Price prior to this Chane Order was -� �-� $ 810 483.00 � $ . $ 810 483.00 ...�..,�,-..-.�.w.. �............_. ase The Contract Price will be increased b��--a---s-� $ 8 24.00 The new Contract Price includingthis Chan a Order will be $ 819 007.00 NOTE: City of BY Not valid until signed by the Owner * Original substantial completion date was April 12th, 2018 and an additional 30 days have been added due to additional work as listed below. 1.) Remove and Relocate electrical service panel - 10 days 2.) Install 7 additional light poles, wire and fixtures - 20 days Lioneld DATE Service Electric DATE 2 City of Fayetteville 1525 S Happy Hollow Rd Fayetteville, AR 72701 O VENDOR 91037 A&A Service Electric Inc n A&A Service Electric Inc Z 11420 Jack Duncan Road D CABOT, AR 72023 n a) City of Fayetteville PURCHASE ORDER r' 113 W Mountain St NO. 2017-00000722 FAYETTEVILLE, AR 72701 O DATE 11/16/2017 CITY OF DELIVER BY SHIP VIA FREIGHT TERMS .1 '04vV ORIGINATOR Lindsey Willhite SMANSAs RESOLUTION # Resolution 209-17/Contract # PAYMENT TERMS 30 1.0000 Each Electrical - Services - Install lighting along Mud Creek Trail and portion of Razorback 4470.800.8830-5814.05 (Sidewalk/Trails Trails) $810,483.00 15017.1 (Mud Creek Trail Lighting, Mud Creek Trail Lighting) APPROVED BY SPECIAL INSTRUCTIONS Contract# 2017-00000034 Bid 17-55 $810,483 Change Order #1 - Please add line item B for contract 2017-00000034 for the increase amount of $8,524 using GL account number 4470.800.8830-5814.05 and project number 15017.1 PAGE 1 OF 1 SUBTOTAL SALES TAX TOTAL DUE $810,483.00 $810,483.00 $0.00 $810,483.00