HomeMy WebLinkAbout240-18 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 240-18
File Number: 2018-0531
BID #18-51 ELECTRICAL RESOURCES, INC.:
A RESOLUTION TO AWARD BID #18-51 AND AUTHORIZE A CONTRACT WITH
ELECTRICAL RESOURCES, INC. IN THE AMOUNT OF $478,256.07 FOR THE INSTALLATION OF
LIGHTING ALONG THE CATO SPRINGS TRAIL, TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $15,000.00, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF F A Y E T T E V I L L E,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #18-51 and
authorizes Mayor Jordan to sign a contract with Electrical Resources, Inc. in the amount of $478,256.07 for
the installation of lighting along the Cato Springs Trail, and further approves a project contingency in
the amount of $15,000.00.
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 11/20/2018
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Attest:
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Sondra E. Smith, City Clerk Treas.
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113 West Mountain Street
City of Fayetteville, Arkansas
Fayetteville, AR 72701
' (479) 575-8323
Text File
File Number: 2018-0531
Agenda Date: 11/20/2018 Version: 1 Status: Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number: D. 1
BID #18-51 ELECTRICAL RESOURCES, INC.:
A RESOLUTION TO AWARD BID #18-51 AND AUTHORIZE A CONTRACT WITH ELECTRICAL
RESOURCES, INC. IN THE AMOUNT OF $478,256.07 FOR THE INSTALLATION OF LIGHTING
ALONG THE CATO SPRINGS TRAIL, TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $15,000.00, 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 #18-51 and
authorizes Mayor Jordan to sign a contract with Electrical Resources, Inc. in the amount of $478,256.07 for
the installation of lighting along the Cato Springs Trail, and further approves a project contingency in the amount
of $15,000.00.
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 11/2012018
City of Fayetteville Staff Review Form
2018-0531
Legistar File ID
November 20th, 2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Matt Mihalevich 10/25/2018 ENGINEERING (621)
Submitted By
Submitted Date
Action Recommendation:
Division / Department
Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical Resources, Inc. in the amount
of $478,256.07 with a project contingency in the amount of $15,000.00, approval of certification letter attachment
H requesting concurrence in award of the contract from ARDOT and approval of a budget adjustment in the amount
of $46,015 for the installation of lighting along the entirety of the Cato Springs Trail to the Kessler Mountain
Regional Park.
4470.800.8830-5814.05
Account Number
02016.1801
Project Number
Budget Impact:
Sales Tax Cap Imp
Fund
Cato Springs Trail Lighting (TAP FY18)
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? Yes Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Project Title
$
452,488.00
f $
452,488.00
$
493,256.07
$
46,015.00
$
5,246.93
Previous Ordinance or Resolution # 1 18
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 20, 2018
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Terry Gulley, Transportation Services Director
Chris Brown, City Engineer
FROM: Matt Mihalevich, Trails Coordinator
DATE: October 25th, 2018
SUBJECT: 2017-0531 Cato Springs Trail Lighting
CITY COUNCIL MEMO
RECOMMENDATION:
Approval of a resolution awarding Bid 18-51 and authorizing a contract with Electrical
Resources, Inc. in the amount of $478,256.07 with a project contingency in the amount of
$15,000.00, approval of certification letter attachment H requesting concurrence in award of the
contract from ARDOT and approval of a budget adjustment in the amount of $46,015 for the
installation of lighting along the entirety of the Cato Springs Trail to the Kessler Mountain
Regional Park.
BACKGROUND:
In November of 2017, the City of Fayetteville was awarded a grant from the Northwest Arkansas
Regional Planning Commission in the amount of $280,000 for the Cato Springs Trail Lighting
Project. This grant is administered by the Arkansas Department of Transportation (ARDOT)
through the Transportation Alternatives Program (TAP) and is an 80/20 matching program. In
January of 2018, and agreement of understanding with the ARDOT was approved by resolution
18-01 and the funds were recognized. In August of 2018, the City was awarded an additional
$40,000 in TAP funds through the Northwest Arkansas Regional Planning Commission for a
total grant award of $320,000 for the Cato Springs Trail Lighting Project.
The Cato Springs Trail officially opened to the public on April 21 st, 2018 and has been enjoyed
by many residents and visitors as an active transportation route to the Kessler Mountain
Regional Park and natural surface trails. The Cato Springs Trail is 2.9 miles in length and is a
southern extension of the Razorback Regional Greenway. Starting at Greathouse Park, the trail
continues southwest along the Cato Springs Branch to the Kessler Mountain Regional Park as
shown on the attached map. The trail is a 12 -foot wide concrete shared -use paved trail and
includes a bridge across the Cato Springs Branch, a bridge over the Fulbright Expressway and
a tunnel under Razorback Road. Electrical conduit was installed during construction along the
entire length of the Cato Springs Trail in anticipation of this lighting project.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
Currently 16 miles of the 45 -mile Fayetteville trail system includes lighting. Trail users have
expressed strong support for lighting along the trail system and enjoy extended hours to safely
access their destinations. In a 2015 trail user survey, expanding the trail lighting ranked as the
fourth most desired improvement to the trail system. Recent studies recommend warmer or
more orange color of LED lights which is a lower kelvin temperature. Most of the trail system
has 5,000 kelvin temperature which is a white light. Based on the research, the recent
installation of lighting on Mud Creek Trail has 4,000 kelvin temperature that has been well
received by the public. For the Cato Springs Trail we have also specified 4,000 kelvin lights for
a good balance of energy efficiency and natural night time visibility.
BUDGET/STAFF IMPACT:
Formal bids of #18-51 were opened on October 241h, 2018 with five bidders responding and
Electrical Resources, Inc. was the lowest responsive bidder. The low bid amount is 1% lower
than the engineers estimate. A budget adjustment has been included to recognize $40,000 in
additional TAP funding through the Northwest Arkansas Regional Planning Commission and
$6,015 to be moved from the completed Mud Creek Trail Lighting Project. The total grant
funding is $320,000 with a minimum 20% City match of $80,000 for a total of $400,000. The
additional $78,256 needed to award the contract is available in the Cato Springs Lighting project
from savings from the original Cato Springs Trail construction project. The total city funding will
represent a 33% match plus a 15,000 contingency.
Attachments:
Cato Springs Trail lighting map
Bid 18-15 bid tabulation
Federal Aid certification letter
Attachment H - Certification letter requesting concurrence in award of the contract
Northwest Arkansas Regional Planning Commission TAP funding letter
Electrical Resources, Inc. - signed agreement
Budget adjustment
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IW;S
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Kit Williams, City Attorney /?/�
FROM: Chris Brown, City Engineer
CC: Matt Mihalevich, Trails Coordinator
Andrea Rennie, Purchasing Mgr.
DATE: October 25th, 2018
SUBJECT: 040759 — Cato Springs Trail Lighting - Certification Letter
This is to confirm that Cato Springs Trail Lighting was advertised and bids for the project
were received in accordance with regulations governing Federal -aid projects, and that
the bid is being awarded to the lowest responsive and qualified bidder. No negotiations
have been held with the contractor or other bidders, nor will there be prior to execution
of the contract.
Electrical Resources, Inc. is the apparent low bidder on the project. Their bid submittal
has been reviewed to verify that all certifications required of Federal -aid projects (eg.,
DBE Participation, Anti -Collusion and Debarment, etc.) were properly signed and
submitted with the bid.
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteviIIe-ar.gov
OFFICE OF THE MAYOR
Attachment H
CERTIFICATION LETTER
REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT
October 25, 2018
Mr. Emanuel Banks
Deputy Director and Chief Engineer
Arkansas State Highway and Transportation Department
P. O. Box 2261
Little Rock, AR 72203
Re: Job 040759
F.A.P. TAPU-9142(47)
Fayetteville Cato Springs Trail Lighting (S)
Washington County
Dear Mr. Banks:
The following documents are submitted concerning the referenced project:
1. One set of bid tabulations.
2. A check for the ARDOT administration fee.
3. Justification of award (if low bid amount is greater than 10% over the estimate).
I certify that the referenced project was advertised and bids were received in accordance with the
regulations governing Federal -aid projects and all other applicable state and federal regulations,
and that this process has been reviewed and approved by the City of Fayetteville's Attorney.
Additionally, I certify that the bid is being awarded to the lowest responsive and qualified bidder
And that there has not been, nor will there be, any negotiations with the contractor or other bidders
regarding the amount bid.
Your concurrence in the award of this contract to Electrical Resources, Inc. is requested.
Enclosures
City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayettevllle-ar.gov
NWA NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION
Regional 1311 Clayton St., Springdale, Arkansas, 72762
Planning
Com�3ission • (479) 751 7125 • Fax: (479) 751 7150 • h ttp,11n warp c, org
August 6, 2018
Mayor Lioneld Jordan
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Re: Cato Springs Trail Lighting
FFY 2018 Transportation Alternatives Program (TAP)
Dear Mayor Jordan:
As you may recall, the Cato Springs Trail Lighting project was selected by the Northwest Arkansas
Regional Planning Commission on September 27, 2017 for FFY 2018 Transportation Alternative Program
funding. The NWARPC met on July 25, 2018 and awarded an additional $40,000 that brought the total
federal funding to $320,000. The TAP funds awarded and the required local match are shown below:
TAP $320,000 (80% Federal)
City Match 80,0 (20% Local)
Total $400,000
These funds are required to be obligated by the end of the Federal Fiscal Year that ends on September
30, 2018. All required ARDOT submittals and required approvals for this project should be completed by
August 15, 2018 in order to allow sufficient time to obligate the TAP funds for this project.
Please note that TAP projects "...must comply with applicable provisions in Title 23, such as project
agreements, authorization to proceed prior to incurring costs, prevailing wage rates (Davis -Bacon),
competitive bidding, and other contracting requirements, regardless of whether the projects are located
within the right-of-way of a Federal -aid highway."
Please let us know if you have any questions or need additional information regarding this program.
Sincerely,
Jeff Hawkins
Director
Cc: Mr. Paul Simms, ARDOT
Matt Mihalevich, Trails Coordinator, City of Fayetteville
DOCUMENT 00500 -- AGREEMENT
BE, OWNER AND CONTRACTOR
Contract Name/Title: CATO SPRINGS TRAIL LIGHTING
Contract No.: (to be assigned after City Council approval)
THIS AGREEMENT is dated as of the 20th day of November in the year 2018 by and between
The City of Fayetteville, Arkansas and'Electrical Resources, Inc. (hereinafter called Contractor).
ARTICLE 1 - WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract
Documents. The work under this Contract includes, but is not limited to:
1. Mobil ization/Demobilization
2. Clearing & Grubbing of vegetation for placement of lighting
3. Trenching of a limited amount of electrical conduit where necessary
4. Installation of fiberglass light poles and fixtures.
5. Installation of power service panels
6. Pulling of the electrical wire
7. Complete site restoration including, topsoil, select grading, sod and seed.
ARTICLE 2 - ENGINEER
2.01 The Project has been designed by the Garver LLC, who is hereinafter called
Engineer. The Engineer assumes all duties and responsibilities, and has the rights
and authority assigned to Engineer in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.
City of Fayetteville 00500- 1 Job 040759
Cato Springs Trail Lighting
DOCUMENT 00500 —AGREEMENT (continued)
ARTICLE 3 - CONTRACT TIME
3.01 TIME OF THE ESSENCE:
A. All time limits for milestones, if any, Substantial Completion, and
completion and readiness for final payment as stated in the Contract
Documents are of the essence of the Contract.
3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT:
A. The Work will be Substantially Completed within 90 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 120 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
and readiness for final payment or any proper extension thereof granted by
The City of Fayetteville, Contractor shall pay The City of Fayetteville Two
City of Fayetteville 00500-2 Job 040759
Cato Springs Trail Lighting
DOCUII.IENT 00500 — AGREEMENT (continued)
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 fiill and final compensation for all work done under this agreement, the
amount based on the prices bid in the Proposal (BID FORM) which is hereto
attached, for the actual amount accomplished under each pay item, said payments to
be made in lawful money of the United States at the time and in the manner set forth
in the Specifications.
4.02 As provided in the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER
as provided in the General Conditions. Unit prices have been computed as provided
in the General Conditions.
4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall
not be allowed without a prior formal contract amendment approved by the Mayor
and the City Council in advance of the change in scope, cost or fees.
ARTICLE S - PAYMENT PROCEDURES
5.01 SUBMITTAL AND PROCESSING OF PAYMENTS:
A.. Contractor shall submit Applications for Payment in accordance with the
GENERAL CONDITIONS. Applications for Payment will be processed by
Engineer as provided in the GENERAL CONDITIONS.
5.02 PROGRESS PAYMENTS, RETAINAGE:
A. The City of Fayetteville shall make progress payments on account of the
Contract Price on the basis of Contractor's Applications for Payment as
recommended by Engineer, on or about the 15th day of each month during
construction. All such payments will be measured by the schedule of values
City of Fayetteville 00500-3 Job 040759
Cato Springs Trail Lighting
DOCUMENT 00500 — AGREEMENT (continued)
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.
l . Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below, but, in each case, less the
aggregate of payments previously made and less such amounts as Engineer
shall determine, or The City of Fayetteville may withhold, in accordance
with the GENERAL CONDITIONS.
a. 90% of Work Completed (with the balance being retainage). If
Work has been 50% completed as determined by Engineer, and
if the character and progress of the Work have been satisfactory
to The City of Fayetteville and Engineer, The City of
Fayetteville on recommendation of Engineer, may determine that
as long as the character and progress of the Work subsequently
remain satisfactory to them, there will be no additional retainage
on account of Work subsequently completed, in which case the
remaining progress payments prior to Substantial Completion
will be an amount equal to 100% of the Work Completed less the
aggregate of payments previously made; and
b. 100% of Equipment and Materials not incorporated in the Work
but delivered, suitably stored, and accompanied by
documentation satisfactory to The City of Fayetteville as
provided in the GENERAL CONDITIONS.
2, Upon Substantial Completion, The City of Fayetteville shall pay an amount
sufficient to increase total payments to Contractor to 95% of the Contract
Price (with the balance being retainage), less such amounts as Engineer shall
determine, or The City of Fayetteville may withhold, in accordance with the
GENERAL CONDITIONS.
City of Fayetteville 00500-4 Job 040759
Cato Springs Trail Lighting
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
City of Fayetteville 00500-5 Job 040759
Cato Springs 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 correlated the information known to Contractor, information
and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract
Documents.
I. Contractor has given Engineer written notice of all conflicts, errors,
ambiguities, or discrepancies that Contractor has discovered in the Contract
Documents and the written resolution thereof by Engineer is acceptable to
Contractor.
City of Fayetteville 00500-6 Job 040759
Cato Springs Trail Lighting
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.
City of Fayetteville 00500-7 Job 040759
Cato Springs Trail Lighting
DOCUMENT 00500 — AGREEMENT (continued)
7. Drawings consisting of a cover sheet and sheets as listed in the table of
contents thereof, with CATO SPRINGS TRAIL LIGHTING
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.
City of Fayetteville 00500-8 Job 040759
Cato Springs Trail Lighting
DOCUMENT 00500 —AGREEMENT (continued)
8.04 SEVERABILITY:
A. Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon The City of
Fayetteville and Contractor, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
8.05 FREEDOM OF INFORMATION ACT:
A. City contracts and documents prepared while performing city contractual
work are subject to the Arkansas Freedom of Information Act. If a Freedom
of Information Act request is presented to the City of Fayetteville, the
contractor will do everything possible to provide the documents in a prompt
and timely manner as prescribed in the Arkansas Freedom of Information Act
(A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
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 040759
Cato Springs Trail Lighting
DOCUMENT 00500 — AGREEMENT (continued)
This Agreement will be effective on _ �[ � 0 201U, which is the
Effective Date of the Agreement.
ELECTRICAL RESOURCES LLC CITY OF FAYETTEVILLE
Name Written: James Milford
Signature:
•, ,,�1,,, ilrfu,q�
4 ,, ..� ,�.;•; _ (SEAL)
Attest:
Name Written: eld Jordan
Signature
Title: Maya
(SEAL)
,7
Attest
City of Fayetteville 00500- 10 Job 040759
Cato Springs Trail Lighting
DOCUMENT 00500 -- AGREEMENT (continued)
Address for giving notices
300 N. Vaughn Rd.
Address for giving notices
113 W. Mountain Street
Centerton. AR 72719 Favetteville AR, 72701
License No. 0057780519 (attach evidence of authority to
sign and resolution or other documents
Agent for Servic-4f ptom authorizing execution of Agreement)
(If Contractor is a corporation,
attach evidence of authority to
sign.)
END OF DOCUMENT 00500
Approved As to Form:
By.
Attorney For: PAN t t(,'-- v 1 ( �
City of Fayetteville 00500- 1 1 Job 040759
Cato Springs Trail Lighting
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division TRANSPORTATION SERVICES (410) Adjustment Number
2018 /Org2
Requestor: Matt Mihalevich
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
The Cato Springs Trail Lighting Project (02016.1801) received additional funding in the amount of $40,000 from the
Northwest Arkansas Regional Planning Commission through the Transportation Alternatives Program (TAP). In addition,
the Mud Creek Trail Lighting Project (15017) is complete and has funds remaining. This request is to recognize the grant
funds and move funds from the completed project to the Cato Springs Trail Project for installation of trail lighting.
COUNCIL DATE: 11/20/2018
LEGISTAR FILE ID#: 2018-0531
RESOLUTION/ORDINANCE
LllkHutch~
10/31/2018 4:08 PM
Budget Director
TYPE:
DESCRIPTION:
GLDATE:
POSTED:
Date
TOTAL 40,000 40,000 v.20180627
Increase / (Decrease) Proiecl.SubA
Account Number Expense Revenue Project Sub AT Account Name
4470.800.8830-4309.00
-
4470.800.8830-5814.05
40,000
4470.800.8830-5814.05
6,015
.... ........ - ....
4470.800.8830-5314.02
(2,194)
4470.800.8830-5814.05
(3,821)
40,000 02016
- 02016
1801 RE Federal Grants -Capital
1801 EX Sidewalk/Trails-Trails
1_8_01 EX Sidewalk/Trejls-Trails
1 EX Professional Services - Engineering
- 15017 1 EX Sidewalk/Trails - Trails
H:\Budget Adjustments\2018_Budget\CITY_COUNCIL\2018-1 1-20\2018-0531 BA Cato Springs Trail Lighting 1 of 1
t2,„
Granite Re, Inc.
Performance Bond •
CONTRACTOR: SURETY: •
Electrical Resources,Inc. Granite Re,Inc.
278 Vaughn Road 278 Hwy 14001 Quailbrook Drive
Centerton,AR 72719 Oklahoma City,OK 73134
OWNER: 1V1111111111111111111111111111111111111111111111111111111131111City of Fayetteville K1n0ID:E01837230E007 Type' LIE
113 W.Mountain Street Recc orded: 01/02/2019 at 101634 AM
Fayetteville,AR 72701 Fee Amt: $45.00 Page 1 of 7
Washington County, AR
Kyle Sylvester Circuit Clerk
CONTRACT: FileB035—.00000739
Date: 12/12/2018
Amount: $478,256.07
Description:Cato Springs Trail Lighting
•
BOND:
Bond#:GRAR42160
Date: 12/12/2018
Amount : $478,256.07
j Modifications to this Bond: ❑f No ❑Yes,see last page
• CONTRACTOR AS PRINCIPAL SURETY
Electrical Resources,Inc. Granite Re,Inc.
Signature: Signature: L.< �...Q
Name an' Name and Tit . an y Lee Schneider
Attorney-in-Fact
1. . 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.
2. 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.
3. 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
GR0614-16
•
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.
l
4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall within reasonable promptness 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 the responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract.
7. 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.
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
GR0614-16 •
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 SURETY
Company: Company:
Signature: Signature:
Name and Title: Name and Title:
1.
•
GR0614-16
_ _ _
i
Granite Re, Inc.
Payment Bond
CONTRACTOR: SURETY:
Electrical Resources,Inc. Granite Re,Inc.
278 Vaughn Road 279 Hwy 14001 Quailbrook Drive
Centerton,AR 72719 Oklahoma City,OK 73134
OWNER:
City of Fayetteville
113 W.Mountain Street
Fayetteville,AR 72701
CONTRACT:
Date: 12/12/2018 •
Amount:$478,256.07
•
Description:Cato Springs Trail Lighting
BOND:
Bond#:GRAR42160
Date: 12/12/2018
•
Amount : $478,256.07
Modifications to this Bond: nNo [7Yes,see last page
CONTRACTOR AS PRINCIPAL SURETY
Electrical Resources,Inc. Granite Re,Inc.
Signature: / � - SignatureLafif,E
:
Name an ATM� e �`Qneider. Name and Title: ann Ld Sch� Y
Attorney-in-Fact
1. The Contractor and the Surety, jointl d severally, bind themselves, their heirs, executors, administrators,
Successors and assigns to the Q. • - o 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, 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, or suits and tendered defense of such claims, demands, or suits to the Contractor and the
Surety,and provided there is no Owner Default.
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.
GR0614-15
4. 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.
GRO614-1S
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:
•
Signature: Signature:
Name and Title: Name and Title:
GR0614-15
•
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:
PAT A.GIRARD; BILLY EUGENE BENNETT JR.;ADRIAN W. LUTTRELL; DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL;JACQUE L. LINDSEY 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:
PAT A. GIRARD; BILLY EUGENE BENNETT JR.; ADRIAN W. LUTTRELL; DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL;JACQUE L. LINDSEY 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 14th day of June,2017.
Kenneth D.Whitting ,President
STATE OF OKLAHOMA )
) SS:
COUNTY OF OKLAHOMA ) Kyle P.McDon Id,Treasurer
On this 14th 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 of said 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.
FV,
My Commission Expires: C.gvLG6d?...)
August 8,2021 _ Nota Public
Commission#:01013257
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."
•
INIyTNESS WHEREOF,the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this
ZOthlay of December ,20 18
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4Yt�•w'• c /v 7 Gam
SEAL
Kyle P. cDonald,Secretary/Treasurer
GR0800-1