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HomeMy WebLinkAbout244-20 RESOLUTIONei i.Y F!!f 1 i V ���11 �At�•Y �Akans•�• 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 244-20 File Number: 2020-0774 BID 420-72 SWEETSER CONSTRUCTION, INC. - 2019 PARK IMPROVEMENTS BOND PROJECT: A RESOLUTION TO AWARD BID 920-72 AND AUTHORIZE A CONTRACT WITH S WEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $439.182.60 FOR CONSTRUCTION OF A LARGER GULLEY PARK TOWNSHIP PARKING LOT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF S20.000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 PARK IMPROVEMENTS BOND PROJECT 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 #20-72 and authorizes Mayor Jordan to sign a contract with Sweetser Construction, Inc., a copy of which is attached to this Resolution, in the amount of $439,182.60 for construction of a larger Gulley Park Township parking lot, and further approves a project contingency in the amount of $20,000.00. 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 10/6/2020 Attest: t IF III "tom `'" T RFy''•. �G i of Y Kara Paxton, City Clerk Treasure6, : . FAYETTEVILLE: Page 1 Prinird oA•10N/20 '�.9 Y -1 '41,;i��� �N��J�v�``� City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 11 (479)575-8323 Text File File Number: 2020-0774 Agenda Date: 10/6/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 9 BID 420-72 SWEETSER CONSTRUCTION, INC. - 2019 PARK IMPROVEMENTS BOND PROJECT: A RESOLUTION TO AWARD BID #20-72 AND AUTHORIZE A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF S439,182.60 FOR CONSTRUCTION OF A LARGER GULLEY PARK TOWNSHIP PARKING LOT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $20.000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 PARK IMPROVEMENTS BOND PROJECT 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 #20-72 and authorizes Mayor Jordan to sign a contract with Sweetser Construction, Inc., a copy of which is attached to this Resolution, in the amount of S439,182.60 for construction of a larger Gulley Park Township parking lot, and further approves a project contingency in the amount of $20,000.00. 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 o1 Fayetteville, Arkansas Page 1 Printed on 101712020 City of Fayetteville Staff Review Form 2020-0774 Legistar File ID 10/6/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Ted Jack 9/16/2020 Submitted By PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Approval of a contract with Sweetser Construction, Inc. for increasing the size of the Gulley Park Township parking lot for a total Contract cost of $439,182.60 (Bid 20-72) plus a $20,000.00 project contingency and approval of a supporting budget adjustment. Budget Impact: 4605.860.7503-5806.00 Parks Project 2019 Bonds 2250.520.9255-5806.00 Parks Development Account Number Fund 46050.7503.1000 Gulley Park Improvements,Township Parking 13001.7503.1000 Gulley Park Improvements,Township Parking Project Number Project Title Budgeted Item? Yes Current Budget $ 455,244.00 Funds Obligated $ 12,374.00 Current Balance $ 442,870.00 Does item have a cost? Yes Item Cost $ 439,182.60 Budget Adjustment Attached? Yes Budget Adjustment $ 39,396.00 Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget 1 $ 43,083.40 Previous Ordinance or Resolution # Approval Date: V20180321 QCITY OF FAYETTEVILLE ARKANS ARKANSAS MEETING OF OCTOBER 6, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Connie Edmonston, Parks Director FROM: Ted Jack, Park Planning Superintendent DATE: September 16, 2020 CITY COUNCIL MEMO SUBJECT: Approval of a contract with Sweetser Construction, Inc. for increasing the size of the Gulley Park Township parking lot for a total Contract cost of $439,182.60 (Bid 20-72) plus a $20,000.00 project contingency and approval of a supporting budget adjustment. RECOMMENDATION: Approval of a contract with Sweetser Construction, Inc. for increasing the size of the Gulley Park Township parking lot for a total Contract cost of $439,182.60 (Bid 20-72) plus a $20,000.00 project contingency and approval of a supporting budget adjustment. BACKGROUND: In 2018 a public master planning process was conducted to update the Master Plan for Gulley Community Park. One of the most frequent comments from park users was the need to increase parking. Township Parking lot is a small lot that serves the playground and picnic area and provides great access to the Niokaska Creek and walking trails. This project will increase the size of the parking lot from 31 spaces to 68, add night sky compliant lighting, and develop a rain garden to serve as an entry feature and to manage stormwater needs. DISCUSSION: This project will be followed by renovations and additions to the Gulley Park Playground Area including the addition of an interactive fountain. These future improvements are expected to further increase the need of the larger parking area. BUDGET/STAFF IMPACT: This project is being funded from multiple sources, including $250,000 from the 2019 park bond, $39,396 from Park Land Dedication fees, and $230,278 in CIP funds. Staff time will be used to provide construction administration. The additional parking area will have minimal impact on ongoing maintenance. Attachments: Staff Review Form Bid documents/Contract Bid Tabulation Budget Adjustment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF PAYETTBVILL© I ARKANGAR BID TABULATION BID 20-72, Construction - Gully Park Township Parking Improvement Rebid Deadline: Thursday, August 03, 2020 before 2:00 PM, local time Certification of Funds: $421,296.00 Certification of Funds • 15%(Max Allowed Award): $526,620.00 Goodwin & Goodwin, Inc. Sweetser Construction, Inc. Total Base Bid - No Deductive Alternate $576,945.00 $460,133.60 Total Cost - Less Deductive Alternate 81 & 82 $556,945.00 $439,182.60 Unit II Items Description of Quantity Unit Total Unit Total Measure Required Price Cost Price Cost b1-1 Mobilization (Shall Not Exceed 5%of Total Bid) L.S. 1 $25,000.00 $25,000.00 $20,000.00 $20,000.00 #1-2 Bonds & Insurance L.S. 1 $25,000.00 $25,000.00 $8,800.00 U8,80o.00 #1-3 Sediment & Erosion Control, Site restoration L.S. 1 $8,000.00 $8,000.00 $11,500.00 $11,500.00 d1-4 Demolition L.S. 1 $25,000.00 $25,000.00 $12,000.00 $12,000.00 k1-5 Undercut and Backfill C.V. 1400 $30 ` $42,000.00 $32 $44,800.00 N1-6 Tree preservation fencing L.S. 1 $5,000.00 $5,000.00 $2,o0D.00 $2,000.00 q1-7 Parking Lot - 8" of Class 7 Base Material S.Y. 1936 $15 $29,040.00 $14 $27,104.00 B1-8 Parking Lot Improvements L.S. 1 $110,000.00 $110,000.00 $110,150.00 $110,1550.00 k1-9 4" concrete sidewalks, complete in place S.Y. 337 $65 $21,905.00 $60 $20,220.00 M1-30 Bike Racks and Bike Rack Pad, complete in place L.S. 1 $5,000.00 $5,000.00 $3,500.00 $3,500.00 q1-11 Lighting & Electrical Appurtenances, Complete in place L.S. 1 $48,000.00 $48,000.00 $49,000.00 $49,000.00 p1-12 2" Caliper Trees, Complete in place Each 13 $1,000.00 $13,000.00 $450 _I $5,850.00 111-13 Bio Retention Pond and drainage L.S. 1 $215,000.00 $215,000.00 $144,209.60 $144,209.60 k1-14 Trench and Excavation Safety System L.S. 1 $5,000.00 $5,000.00 $1,000.00 $1,000.00 91IRMIM N2-1 Deduct Plant Material for Bio Retention Pond called out on sheet 6 of L.S. -1 $10,000.00 (510,000) $18,956.00 ($18,956) drawings in DEDUCTIVE ALTERNATE -TREE AND PLANT SPECIES 11 j 92-2 Replace Mexican Pebble Beach Rock with Brown Native Creek Stone L.S. -1 $10,000.00 (510,000) $1,995.00 ($1,995) 'NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. !� c,T. or .� FAYETTEVIILE FAYET Bid 20-72, Construction - Gulley Park Parking Rebid Project Overview Project Details Reference ID ( Bid 20-72 Project Name Bid 20-72, Construction - Gulley Park Parking Rebid Project Owner Andrea Foren Project Type ITB Department Purchasing 1 Budget (Certification of Funds) $526,620.00 Project Description Bid 20-72, Construction - Gulley Park Parking Rebid Open Date Aug 09, 2020 12:00 AM CDT Close Date Sep 03, 2020 2:00 PM CDT Highest Scoring Supplier I Score Sweetser Construction, Inc. i 100 pts Generated on Sep 03, 2020 5:03 PM CDT - Adonis Swashi Page 1 of 7 �WFAYETTEVILLE ANII.SNS�S Seal status Requested Information Unsealed on Unsealed by Required City Forms Sep 03, 2020 2:04 PM CDT Adonis Bwashi Bid Bond Sep 03, 2020 2:04 PM CDT Adonis Bwashi Arkansas Secretary of State Sep 03, 2020 2:04 PM CDT Adonis Bwashi Filing # Arkansas Contractor's License Sep 03, 2020 2:04 PM CDT Adonis Bwashi Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, Sep 03, 2020 2:04 PM CDT Adonis Bwashi or while in contract, with any public entity as defined in §25- 1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Bid 20-72, Bid Form (BT- Sep 03, 2020 2:04 PM CDT Adonis Bwashi 47EW) Bid 20-72, Revised Bid Form Sep 03, 2020 2:04 PM CDT Adonis Bwashi (BT-02PU) Generated on Sep 03, 2020 5:03 PM CDT - Adonis Bwashi Page 2 of 7 /� <,.. o. ..AYET..... T .VILE Conflict of Interest # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: ' has direct or indirect financial interest in the award of the contract to any proponent; ' is currently employed by, or is a consultant to or under contract to a proponent; ' is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, ` has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Adonis Bwashi Sep 03, 2020 2:04 PM CDT No Generated on Sep 03. 2020 5:03 PM CDT - Adonis Bwashi Page 3 of 7 CIiY Oi .O FAYETTEVIIIE 'Al •....... Public Notices The City has issued Addendum 1 to Bid 20-72, Construction - Gulley Park Parking Rebid Les McGaugh, Aug 27, 2020 9:50 AM CDT The City has issued Addendum 1 to Bid 20-72,.Construction - Gulley Park Parking Rebid. Bidders shall utilize the Revised bid form on Bonfire to be considered. The Methods and Measurements of Payment for Addendum 1 have been added. Les McGaugh, Sep 01, 2020 1:35 PM CDT The Methods and Measurements of Payment for Addendum 1 have been added. Generated on Sep 03. 2020 5.03 PM CDT - Adonis Swashi Page 5 of 7 .l" OF .� ..... TBVILLE OYETT • Submissions Supplier Date Submitted Name Email i Confirmation Code Sweetser Construction, Sep 03, 2021:40 PM Inc. CDTT Charlie Miller charlie@sweetserconstruction.com OTc3NjQ= Goodwin & Goodwin, Sep 02, 2020 2:07 PM Inc. CDT David Garcia docryde@yahoo.com OTc2MDQ= Project Criteria Criteria Points I Description Within Certified Funds Pass/Fail Within Certified Funds Total Bid Price 100 pts Total Bid Price Total 100 pts hu11 os .......BVILLB AYOTT { Scoring Summary Active Submissions Total Within Certified Funds Total Bid Price Supplier / 100 pts Pass/Fail 1100 pts Sweetser Construction, Inc. 100 pts Pass 100 pts ($439,182.60) Goodwin & Goodwin, Inc. 78.86 pts Fail 78.86 pts ($556,945.00) j!a ;o n- 1 ,'td ''2020 , 0 P1:01 I:G' Adurl-- tr.'Ja;ts f YE l 1o111 T[vLLL6 Hsn Signatures 1 Name Signatures I Andrea Digitally signed by Andrea Foren I Andrea Foren I (Project Owner) Date: 2020.09.08 Foren 15:04:31-05'00' Adonis Bwashi Digitally signed by Adonis Bwashi 4(Evaluator) j 4y, DN: cn=Adonis Bwashi. email=abwashi@fayettevllle-acgov, c=US Date: 2020.09.08 13:14:21-05'00' BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06163 KNOWN ALL BY THESE PRESENTS, That we, Sweetser Construction Inc., as Principal, and Travelers Casualty and Surety Company of America, as Surety, are held and firmly bound unto City of Fayetteville, AR, as Obligee, in the sum of Five Percent of Bid. Dollars ($5%) for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, as provided herein. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for furnishing all labor and materials for Construction - Gulley Park Parking Rebid, Fayetteville, AR, Bid 20-72 ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. Signed this 3rd day of September, 2020 Sweetser Con truction Inc. (Prindpal) By: William weetser Travelers Casualty and Surety Company of America By: David Chilson, Attorney -in -Fact Travelers Casualty and Surety Company of America TRAVELERS!' Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the Slate of Connecticut (herein collectively called the "Companies-), and that the Companies do hereby make, constitute and appoint David Chilson of Fayetteville Arkansas their true and lawful Attomey-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances. conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF. the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. a 7 KWrKM h �l per State of Connecticut City of Hartford ss. Robert L. Raney, Seffror Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himseff as a duly authorized officer. In Witness Whereof, 1 hereunto set my hand and official seal. ' l My Commission expires the 30th day of June, 2021 ;®s hn�pAa,ul, CA�,ky1L�t • • Mane C. Tetreauk, Notary Public This Pourer of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President. any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seat with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof Is riled in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or waiting obligatory in the nature of a bond, recognizance, or conditional undertaking shall be vard and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duty executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their cerificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the fol owing officers: President. any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsmile to any Power Of Attorney of to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bends and undertakings and other wriings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding an the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned. Assistant Secretary of Travelers Casualty and Surety Company of America. Travelers Casualty and Surety Company, and SL Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 3rd day of September , 2020 t wwroio, �' csr� • 4 Kevin E. Hughes. Assi lanl Secretary To verify the authentidty oft his Power of Attorney, please call us at 2-500421-3880. Please refer to the above-namedAffomey-in-Factand the details of the bond to whid/ tyre power is attached, GULLEY PARK TOWNSHIP PARKING EXPANSION Fayetteville, Arkansas SECTION 004143 — BID FORM Contract Name: GULLEY PARK TOWNSHIP PARKING EXPANSION Owner: CITY OF FAYETTEVILLE, ARKANSAS City of Fayetteville Bid Number: 20— 72, Construction Gulley Park Parking Rebid OLSSON PROJECT NO.019-3228 September 03 Dated: 2020 Olsson BID FORM 00 41 43 - i Olsson GULLEY PARK TOWNSHIP PARKING EXPANSION Fayetteville, Arkansas t TABLE OF CONTENTS i Page Article1— Bid Recipient................................................................................................................................1 Article 2— Bidder's Acknowledgements.......................................................................................................1 Article 3 — Bidder's Representations............................................................................................................. I Article 4 — Bidder's Certification................................................................................................................... 2 Article5 — Basis of Bid...................................................................................................................................3 Article6 — Time of Completion..................................................................................................................... 5 Article 7—Attachments to this Bid...............................................................................................................5 Article8 — Defined Terms.............................................................................................................................. 6 Article9 — Bid Submittal................................................................................................................................6 ii - 00 4143 BID FORM GULLEY PARK TOWNSHIP PARKING EXPANSION Olsson Fayetteville, Arkansas ARTICLE 1—BID RECIPIENT 1.1 This Bid is submitted to: City of Fayetteville Purchasing Agent's Office at City Administration (aka City Hall) 113 West Mountain Street Fayetteville, Arkansas 72701 1.2 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the Contract Times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 — BIDDER'S ACKNOWLEDGEMENTS 2a Bidder accepts all of the terms and conditions of the Advertisement and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 2.2 The Successful Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within 30 days after the date of Owner's Notice of Award. ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.1 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any.data and reference items identified In the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum. Date 1 - ,-7v B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and became familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: 1. reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures BID FORM 0041 43 - 1 Olsson GULLEY PARK TOWNSHIP PARKING EXPANSION Fayetteville, Arkansas at or adjacent to the Site (except Underground Facilities) that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and 2. reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Bidder acknowledges that Owner and Engineer do not assume responsibility forthe accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. F. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such Information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs. G. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. H. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents and confirms that the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. K. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 — BIDDER'S CERTIFICATION 4.1 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and 2 - 00 41 43 BID FORM GULLEY PARK TOWNSHIP PARKING EXPANSION Fayetteville, Arkansas Olsson D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.1.1): 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the a execution of the Contract. ARTICLE 5 — BASIS OF BID 5.1 Bidders are required to provide pricing for all line items, including deductive alternate items. Failure to provide deductive alternate pricing can result in bid rejections. In the event no bid falls within the amount of funds certified for the project plus 25%, the City will utilize the deductive alternates in order to further evaluate bids until a bid received falls within the amount certified, plus 25%. In the even all deductive alternates are subtracted from the total base bid and no bid falls within the amount certified, plus 25%, all bids shall be rejected and become confidential. In no case shall the amount bid for the Item of "mobilization" exceed 5% of the total contract amount for all items listed in the proposal or bid. Should the amount entered into the proposal or bid for this item exceed 5%, the bid shall be rejected. Bidder will complete the Work in accordance with the Contract Documents for the following price(s) (Bid Form on page 4): BID FORM 00 41 43 - 3 Olsson GULLEY PARK TOWNSHIP PARKING EXPANSION Fayetteville, Arkansas UNIT PRICE BID FORM See Bonfire for Bid Form 4 - 00 41 43 BID FORM GULLEY PARK TOWNSHIP PARKING EXPANSION Fayetteville, Arkansas 5.2 Bidder acknowledges that Olsson A. Each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and B. Estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. C. The contract, if awarded will be based on the lowest responsive, responsible bid accepted by the City of Fayetteville, Arkansas. D. Unit process have been computed in accordance with paragraph 13.03 of the General Conditions. E. Bidder acknowledges that quantities are not guaranteed, and final payment will be based on actual quantities determined as provided in the Contract Documents. F. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. G. The above unit and lump sum prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. H. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. ARTICLE 6—TIME OF COMPLETION 6.1 Bidder agrees that the Work will be substantially complete within 90 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 120 calendar days after the date when the Contract Times commence to run. 6.1 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 — ATTACHMENTS TO THIS BID 7.1 The following documents are submitted with and made a condition of this Bid: A. Required Bid Security in the form of bid Lbond for - ✓'/� ($ (Dollar Amount Written in Words) B. Required Bid Bond (Section 00 43 13). C. List of Proposed Subcontractors. (Total in Figures) BID FORM 0041 43 - 5 Olson GULLEY PARK TOWNSHIP PARKING EXPANSION Fayetteville, Arkansas D.L ist of Proposed Suppliers. E. List of Project References (see Section of Bidders Qualification Statement). F. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids. G.0 ontractor's License No.: 71-039789 or Evidence of Bidder's ability to obtain a StateContractor's License and a covenant by Bidder to obtain said license within the time foracceptance of Bids. H. Required Bidder Qualification Statement with supporting data (see Section 00 2113 Instructions to Bidders). ARTICLE 8 — DEFINED TERMS 8.1 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 — BID SUBMITTAL 9.1 Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 9.1 The Bidder has reviewed and agrees with all sections of the Plans, Specifications and Contract Documents, including all Addenda, and the Comprehensive Best Management Practices Plan included with the Bid Documents. 3rd September Submitted this day 2020. Respectfully submitted, Sweetser Construction, Inc. (Firm Name) By����� (Signature) William G. Sweetser (Printed Name) /1 P� /7 � President Attest: � n r 7�I4 ��� Title (Seal, if bid is by corporation.) 6 - 00 41 43 BID FORM GULLEY PARK TOWNSHIP PARKING EXPANSION Fayettevillc, Arkansas Arkansas License No. 71-0399789 Address for giving notices: 590 West Poplar Fayetteville, AR 72703 Telephone Number: 479-443-3026 590 W. Poplar 72703 (Business Address & Zip Code) Fax Number: 479-442-0119 Contact Name and e-mail address: Charles W. Miller charlie@sweetserconstruction.com Olsson BID FORM 00 41 43 - 7 Olsson GULLEY PARK TOWNSHIP PARKING EXPANSION Fayetteville, Arkansas INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS: The Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the state who, under subcontract to the prime contractor, specially fabricated and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half of one percent of the prime contractor's total Bid. The Bidder shall also list below the portion of the work which will be done by each subcontractor under this Contract. Failure to comply with this requirement will render the Bid nonresponsive and may cause its rejection. Subcontractor Percent License of Total Work to be Performed Number Contract Subcontractor's Name & Address 1. ki ()V l7L4 e r Al IAI l7 4. U 7. 8 - 00 41 43 BID FORM GULLEY PARK TOWNSHIP PARKING EXPANSION Fayetteville, Arkansas END OF SECTION 00 4143 Olsson This document Is a MODIFIED version of E1CDC' C-410, Capyright 0 2013 by the National Society of professional Engineers, American Cowell of Engineering Companies, and American Society of Civil Engineers, or is based In part on excerpts from copyrighted EICDC documents. Those portions of the text that originated in copyrighted E1CDC documents remain subject to the copyright BID FORM 00 41 43 • 9 Olsson GULLEY PARK TOWNSHIP PARKING EXPANSION Fayencville, Arkansas THIS PAGE LEFT BLANK INTENTIONALLY 10 - 00 41 43 BID FORM GULLEY PARK TOWNSHIP PARKING EXPANSION Fayetteville, Arkansas SECTION 00 1153 - BIDDER'S QUALIFICATION STATEMENT Contract Name: GULLEY PARK TOWNSHIP PARKING EXPANSION City of Fayetteville Bid Number: 20 - 72, Construction Gulley Park Parking Rebid Date: September 03, 2020 SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company Sweetser Construction, Inc. Name Address 590 West Poplar Principal Office Corporation, LLC, partnership, individual, joint venture, other Corporation Arkansas State General Contractor's License Number 0027470421 (Type or legibly print) Olssan For a Contractor to be considered as Qualified, the Contractor must satisfy all financial, insurance, and bonding requirements of the Gty of Fayetteville, and must have had at least five (5) years of experience under the current Contractor name in the installation of similar facilities. The Contractor shall have executed work for municipalities with a minimum of three (3) projects exceeding five hundred thousand ($500,000) dollars for similar work as described in the Contract Documents. Work for developers and commercial site work will not be considered as permissible work experience. Acceptable documentation of these projects must be submitted to the City of Fayetteville. In accordance with Arkansas Procurement Law, a Contractor may use the combined experience of its owners or senior executive staff to satisfy the requirements, or the combined experience of the key personnel that will be responsible for satisfying the experience requirement. 001 153-BidderQualifications-RDBR-0193228.docx 00 11 53 - 1 Information for Bidders STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1) Name of Bidder. SWEETSER CONSTRUCTION, INC. 2) Permanent main office address. 590 WEST POPLAR FAYETTEVILLE AR 72703 3) When organized. 1963 4) If a corporation, where incorporated. ARKANSAS 5) How many years have you been engaged in the contracting business under your present firm or trade name? 53 YEARS 6) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) SEE ATTACHED 7) General character of work performed by your company. EXCELLENT S) Have you ever failed to complete any work awarded to you?,,;, NO p 9) Have you ever defaulted on a contract? If so, where and why? NO 10) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. SEE ATTACHED 11) List your major equipment available for this contract. SEE ATTACHED 12) Experience in construction similar in size to this project, along with project owners and engineers. SEE ATTACHED 13) Background and experience of the principal members of your organization, including the officers. SEE ATTACHED 14) Credit available: $ UNLIMITED 15) Give bank reference: EILEEN JENNINGS ARVEST BANK PO BOX 1327 kAIMIEVILLE AR 16) Will you, upon request, fill out a detailed financial statement and furnish any other 7270 information that may be required by the Owner? NO 2-3 1 010420 - STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. wI . Name of Bidder. SWEETSER CONSTRUCTION, INC. 2. Permanent main officeaddress. 590 WEST POPLAR 3. When organized. 1963 FAYETTEVILLE AR 72703 IN 4. If a corporation, where incorporated. ARKANSAS 5. How many years have been engaged in the contracting business under your present firm or trade name? 41 ARS 6: Contracts on hand: (Schedule these, showing amount of each contract and the appropriate A anticipated dates of completion). SEE ATTACHED 7. General character of work performed by your company. EXCELLENT 8. Have you ever failed to complete any work awarded to you? NO 9. Have you ever defaulted on a Contract? NO If so, where and why? N / A 10. Have you ever been fined or had your license suspended by'a Contractoes Licensing Board? NQ If so, where and why? N/A 11. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. SEE ATTACHED 12. List your major equipment available for this Contract. 13. Experience in construction work similar in importance toATTACHec this prof P SEE ATTACHED 14. Background and experience of the principal members of your organization, including the officers. SEE ATTACHED 15. Credit available: $ UNT.MiTSB 16. Give Bank reference: RAvNp. BREWER ARVE2 BANK PO BOX 1327 FAYETTEVOLLE AR 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required 5y the Owner? 7 27 ( no 18. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any STATEMENT OF BIDDER'S QUALIFICATION WILLIAM G. SWEETSER - 36 YEARS CHARLES MILLER - 31 YEARS DENNIS L CARTE - 38 YEARS LARRY BUSH - 28 YEARS KENDALL WILSON - 26 YEARS (DEC 2029) PG 1 STATEMENT OF BIDDER'S QUALIFICATION CONTRACTS ON HAND NAME Z. NEIDERMAN CURTIS AVE - C & G COMMERCE CONSTRUCTION BIG RED BARN CITY OF FAYETTEVILLE C&G CITY OF SPRINGDALE MAPLE AVENUE EXTENSION ENGINEER (DEC 2019) PG 1 ANTICIPATED CONTRACT COMPLETION 34,755.00 JUNE 2020. 0.00 DEC 2020. 249,250.00 DEC 2020. 1,893,202.35 DEC 2020. STATEMENT OF BIDDER'S QUALIFICATION (DEC 2019) PG 1 SIMILAR CONSTRUCTION NAME ENGINEER AMOUNT COMPLETE AHTD 3,444,037.13 NOV 2014. HWY 112 / GARLAND EMERYSAPP 274,925.00 OCT 2014. FLYOVER NWA REGIONAL PLANNING COMM. 1,797,306.56 OCT 2014. SILENT GROVE TRAIL CITY OF TONTITOWN 670,718.00 DEC 2014. BRUSH CREEK BRIDGE AHTD 6,212,756.93 DEC 2015. ARMSTRONG-STUBBLE FIELD AHTD 2,234,929.90 JUNE 2016. RAZORBACK ROAD CITY OF FARMINGTON 83,505.00 MAR 2015. RHEAS MILL RD RAUSCH COLEMAN 973,750.95 OCT 2015. COVES PHASE II CITY OF SPRINGDALE 64,362.50 JUNE 2015. RZ TRAIL ADDITION RAUSCH COLEMAN 1,086,700.95 MAY 2016. COVES PHASE II RAUSCH COLEMAN 782,347.50 JULY2016. HOLLAND CROSSING COMMERCE CONSTRUCTION 1097000.00 JULY 2016. ADVENTURESUBARU (CONTINUED PAGE 2) SIMILAR CONSTRUCTION (DEC 2019) PG 2 NAME ENGINEER AMOUNT COMPLETE CITY OF FAYETTEVILLE 7166369.20 JUNE 2017. RUPPLE ROAD PAHSE I COMMERCE CONSTRUCTION 789949.40 JUNE 2017. HARPS LINCOLN MEL COLLIER 400000.00 SEPT 2017. RACETRACK CITY OF FAYETTEVILLE 3,072,441.40 MAR 2018. RUPPLE ROAD PHASE II TIM GRAHAM 522,152.50 JUNE 2018. FOX TRAIL DISTILLERY BALDWIN-SHELL 631,939.00 JUNE 2018. THEATRE SQUARED RAUSCH COLEMAN 1,489,822.40 DEC 2018. PARK MEADOWS MULTI CRAFT CONTRACTORS 239,563.50 JUNE 2018. DRAINAFE - RANDALL WOBBEE BARRETT DEVELOPMENT 3,977,097.90 DEC 2019. COTTAGES AT HOLLYWOOD CITY OF FAYETTEVILLE 3,891,372.55 JUNE 2019. OLD WIRE ROAD INTEGRITY CONSTRUCTION 272,294.00 MAR 2019. FARMINGTON VILLAGE COMMERCE CONSTRUCTION 417,822.50 JUNE 2019. FELLOWSHIP COMMERCE CONSTRUCTION 79,960.00 MAR 2019. ADVENTURESUBARU (CONTINUED PAGE 3) SIMILAR CONSTRUCTION DEC 2019) PG 3 NAME ENGINEER AMOUNT COMPLETE Number., c4uipmen[ name 10001 VD 550 HLT CRAWLER -DOZER 1OP03 INPL TD7 DRESSER -CRAWLER 10005 J/D 750'OLT DOZER 10006 J/D SSOG CRAWLER -DOZER 10007 2001 J/D 700H CRAWLER -DOZER 10008 2000 J/D 550H CRAWLER -DOZER 10009 12003 CAT D5N TRACK DOZER 10010 2003 J/D 550H CRAWLER DOZER 10011 2003 J/D 850CIII CRAWLER DOZER 10012 2012 J/D 700K DOZER 15001 2005 J/D 300D'ARTICULATING DUMP TRUCK 20002 1/D 32OC BACKHOE-LOADER 20005 CAT 420D BACKHOE 20006 2004 KOMATSU 220LC EXCAVATOR 20007 1985 FORD 2910 TRACTOR LOADER 20009 1993 KAWASAKI LOADER KSS65Z 20010 SAMSUNG SE21OLC EXCAVATOR 20011 KOMATSU EXCAVATOR 30OLC 20012 CATERPILLAR 416C 20013 2012 KOMATSU PC45MR-3 EXCAVATOR MINI 20014 2000 KAWASAKI LOADER KSS6S21V' 20015 2001 KOBELCO SK210 EXCAVATOR 20016 2001 KOBELCO SK21OLC EXCAVATOR 20017 2004 KOMATSU 220LC EXCAVATOR 20018 200S KOMATSU 220LC EXCAVATOR 20019 2004 J/D 31OG BACKHOE 20020 KAWASAKI LOADER K5565ZV 20021 KAWASAKI LOADER KS565ZV (RUBBER TIRES) 20022 LINK -BELT 240LX EXCAVATOR 20023 KOMATSU PC 270 HYD EXCAVATOR 20024 2006 J/D 31OG BACKHOE 20025 2008 J/D 310J BACKHOE-LOADER 20027 2012 KAWASAKI FRONT END LOADER 20028 2012 KOMATSU PC240LC EXCAVATOR 20029 2012'VOLVOEC20DTRACKHOE 20030 1/D 270 MINI EXCAVATOR W/ 18" & 12" BUCKETS `4...r.."„` Number Equipment Name 20031 J/D 5075E TRACTOR W/LOADER 20032 2012 J/D 310J BACKHOE 20033 BOBCAT E4S MINI EXCAVATOR W/18" & 24" BUCKET 20034 2017J/D 544K414WD LOADER 25001 1/D 762-6 SCRAPER 30002 2004 CAT 140H MOTOR GRADER 30003 1993 J/D 6708 MOTOR GRADER 30004 1995 J/D 6708 MOTOR GRADER 3SO01 2003 GOMACO TRIMMER 40001 1978 GT600078 CURB -GUTTER 40002 1983 HW-165B SUPFORM PAVER 40005 2014 GOMACO GT 3600 CURB -GUTTER S0001 1990 DYNAPAK VIBRATORY COMPACTOR 50002 IDYNAPAK VIBRATORY ROLLER (PULL TYPE) 50005 1984 DYNAPAK COMPACTOR 50006 INGERSOL RAND RUBBER TIRE PT125 ROLLER -ASPHALT 50008 INGERSOL RAND DD90 ROLLER -ASPHALT 50009 1996 DYNAPAK CA151PD ROLLER 50010 DYNAPAK CA251D SMOOTH DRUM ROLLER 50011 2000 DYNAPAK CA252D ROLLER 50012 2001 DYNAPAK CA252PD ROLLER 50013 DYNAPAK CA250D VIBRATORY SMOOTH DRUM ROLLER 50014 DYNAPAK CA2SOPD PAD FOOT ROLLER 50015 2002 WACKER RT820 TRENCH ROLLER 50016 2011 RAMMAC ARTICULATED TRENCH ROLLER S0017 2006 SAKAI 66" DIRT SMOOTH DRUM ROLLER 50018 2010 BROCE SWEEPER W/CAB S0019 1995 BROCE BROOM RC300 50020 BROCE KR3SO SWEEPER W/ BLADE S0021 BROCE KR350 SWEEPER 50022 2007 SAKAI SW-652 ASPHALT ROLLER 50023 SAKAI 67" SMOOTH DRUM ROLLER 60002 1/D 185DPQ AIR COMPRESSOR 60003 SULLAIR185DPQCOMPRESSOR 70002 1992 1/R VIBRATORY COMPACTOR OD65 70003 1992 PF-400A ASPHALT PAVER BLOW-KNOX 1 gfa Number. equipment Name 7 4 1993 BMA-200'JOINT FILLER 70005 RJ-300 BROCE BROOM 70006 1991 FORD F-800 W/ENTYRE ASPHALT DISTRIBUTOR TRUCK 70007 7000T LEEBOY ASPHALT PAVER 70008 VOGELE2116T PAVER 70009 IHAMM HDIO ASPHALT ROLLER 70010 BROCE BROOM R1350 8=1 2015 FORD F2SO (CTC) 80003 2015 FORD F250 CTC 80007 1989 FORD 2-TON 80008 2011 FORD F-150 80009 2011 FORD 4 X 4 80012 2012 FORD F-250 80013 2001 GMC YUKON 80016 1991 CHEV 3-TON (WATER TRUCK) 80017 1999 INT'L DUMP TRUCK (WATER TRUCK) 80018 2005TNT UTILITY TRAILER 80019 2015 FORD F250 (CTC 80023 1992 MACK DUMP TRUCK 80028 1998 CHEVROLET GC1 PICKUP 80031 1994 MACK DUMP TRUCK 80037 2006 SILVERADO 1S001/2 TON 80038 2006 SILVERADO 15001/2 TON PU 80042 2001 FORD F-250 C+C)'GLT 80044 1997 MACK DUMP TRUCK 80048 1999 MACK DUMP TRUCK 80049 1999 MACK DUMP TRUCK 80052 2003 MACK DUMP TRUCK 80053 1973 TANDEM TRAILER 800S4 1992 20TDT-INTERSTATE TRAILER 80055 1§9240APRINTERSTATETRAILER 80056 1994 TOTEM UTILITY TRAILER 80057 1993 T-B UTILITY TRAILER (FORM) 80058 12003 FONTAINE TRAILER C equipment Number Equipment Name 80059 2002 MACK CH613 TRUCK 80060 2003 END DUMP SEMI -TRAILER 80062 2004 MACK TRI-AXLE DUMP TRUCK 80063 2004 MACK TRI-AXLE DUMP TRUCK 80066 1999.PJTM TRENCHER TRAILER 80067 1992 MACK DUMP TRUCK 80070 1989 MACK R690ST WATER TRUCK 80071 2006 FORD F-3SO 80072 2006 FORD F-350 . 80073 2006 TANDEM TRAILER 00074 2006 MEB TRAILER 80075 2007 MACK DUMP TRUCK 80076 2007 MACK DUMP TRUCK 80080 2002 TOMM HAULER TRAILER (ARSS 80091 1998 FREIGHT LINER WATER TRUCK 80094 2011 MEB TANDEM TRAILER 90095 2001 MEB TANDEM TRAILER 80096 2005 MACK DUMP TRUCK 80097 2003 MACK DUMP TRUCK 80098 2007 MACK DUMP TRUCK 80099 UTILITY TRAILERANDERSON'S 80100 2016 FORD F-250 80101 2016 FORD F-250 80102 2016 FORD F-250 C+C 80103 2016 FORD F-250 C+C 80104 2016 FORD F-250 80105 2015 FORD F-150 EXT CAB) 80106 2016 FORD F 350 80107 2015 GMC SIERRA 1500 CREW CAB 4WD SLT 80108 2016 TEXAS BRAG UTILITY TRAILER ED182LE012 85001 1977 ACTON MOBILE UNIT 85002 1988 ACTION MOBILE UNIT 85003 2010ACTION MOBILE UNIT 90003 jBANTAM.MULCHER SPREADER 2p`i Num cgwpment Name 9 �' PRODUCER SCREEN MACHINE W/ATTACHMENTS 90005 REBEL BRUSH HOG 90V6 BRUSH HOG 90007 1989 LASER 90008 20HP COMMERCIAL LOG SPUTTER W/6 WAY WEDGE 90010 GRADE LEVEL 90011 TRAFFIC CONTROLLER BOARD 90012 1998 CASE 556E FORKLIFT 90013 VERMEER 1800A CHIPPER -SHREDDER 90014 KO PRESSURE WASHER 90015 CLIPPER WALK BEHIND SAW - C5936GS 90017 TRANSIT T1728 W/TRIPOD 90018 1986 SEMI STORAGE TRAILER 90019 1979 STORAGE BOX TRAILER -TIMPTE 90020 BOBCAT SKID LOADER 90021 1979 STORAGE BOX TRAILER - TIMPTE 90022 1979 STORAGE BOX TRAILER - TIMPTE 90023 LASER GL2700 GL2700INS 90026 VERMEER TRENCHER 90027 KINCAIDSTRAWBLOWER 90028 BRUSH HOG BH0706 90030 EFFICIENCY TRENCH BOX (2) W/MANHOLE BOX 90031 WOODS LAND LEVELER 90032 DRAG GRAVEL BOX 90033 TRENCH BOX 90034 TRENCH BOX 90035 TRENCH BOXES X 8 I cyuipmeni Number Equipment Name 96036 2011 MQ WATER PUMP NO TRAILER) 90037 1990 STORAGE BOX TRAILER GREAT DANE 90038 CLIPPER CONCRETE SAW 90039 BREAKER FX27S HAMMER 90040 BREAKER FX375 HAMMER 90042 WELDING TRAILER (MADE FROM 90025) 90043 LINCOLN WELDER-RED(USED IN SHOP) 3 P4 a Item Number Item Unit of Measur(Quantity Requit Unit Price #1-1 Mobilization (Shall N L.S. 1 20000 #1-2 Bonds & Insurance L.S. 1 8800 #1-3 Sediment & Erosion L.S. 1 11500 #1-4 Demolition L.S. 1 12000 #1-5 Undercut and Backfi C.Y. 1400 32 #1-6 Tree preservation fe L.S. 1 2000 #1-7 Parking Lot - 8" of Cl S.Y. 1936 14 #1-8 Parking Lot Improvei L.S. 1 110150 #1-9 4" concrete sidewalF S.Y. 337 60 #1-10 Bike Racks and Bike I L.S. 1 3500 #1-11 Lighting & Electrical. L.S. 1 49000 #1-12 2" Caliper Trees, Cor Each 13 450 #1-13 Bio Retention Pond � L.S. 1 144209.6 #1-14 Trench and Excavatii L.S. 1 1000 Bid 20-72, -. #2-1 Deduct Plant Mated; L.S. -1 18956 #2-2 Replace Mexican Pel L.S. -1 1995 9/3/2020 Proposal Data Back to Project Bid 20-72, Construction - Gulley Park Parking Rebid - Proposal Data ShowMide O Search Supplier Arkansas Arkansas Pursuant Arkansas Code Annotated §25-1-503, the Can Secreatary of State Contractors currently boycott Israel and will not boycott Israel durin Filing 0 License p while in contract, with any public entity as defined in §2 contractor decides to boycott Israel, the contractor mu: Goodwin & Goodwin, Inc. 100104752 0016960421 Yes S -- �- Swr` eraN 1 Jl Open... Sweetser Construction, Inc. 100049983 71-0399789 Yes t Sca�ca d I Open... J . (D Help https://fayetteville-ar.bonfirehub.com/projects13C263/proposaiData 1/1 CITY OF FAYETTEVILLE ARKANS ARKANSAS City of Fayetteville, AR Contract for: Gulley Park Parking Re -Bid Contractor/Vendor: Sweetser Construction, Inc. Term: Single Project This contract executed this —&— day of/b� 2020, between the City of Fayetteville, Arkansas (City) and Sweetser Construction. Inc. (hereby also referred to as Sweetser, Vendor, or Contractor) In consideration of the mutual covenants contained herein, the parties agree as follows: 1. ARTICLE 1— WORK: 1.1. Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Agreement includes but is not limited to: Construction of an asphalt parking lot extension at the Township entrance of Gulley Park, including curb and gutter, landscaping, lighting, concrete sidewalk, storm drainage, bioretention pond, and all items as set out In the Contract Documents. 1.2. The Contractor agrees to perform the work described in the Contract Documents and comply with the terms therein for the amounts shown in the Bid Proposal. Refer to Section 00 4143-Bid Form for quantities. 1.3. Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. 1.4. Contractor is responsible for obtaining all applicable permits. The fees for City of Fayetteville (only) issued permits shall be waived. 1.5. The Contract may include work in City of Fayetteville right-of-way, ARDOT (State) right-of-way, railroad right-of- way and in General or Utility Easements. 2. ARTICLE 2— ENGINEER: 2.1. The Contract Documents have been prepared by Olsson (Engineer) for the City of Fayetteville. The Engineer assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in connection with completion of the Work in accordance with the Contract Documents. 3. ARTICLE 3 —CONTRACT TIME: 3.1. TIME OF THE ESSENCE 3.1.1.All time limits for milestone, if any, Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.2. DATES FOR COMPLETION AND FINAL PAYMENT 3.2.1.The Work shall be substantially completed within 90 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment within 120 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS. 3.3. LIQUIDATED DAMAGES City of Fayetteville, AR Bid 20-72, Construction — Gulley Park Parking Re -Bid Page 1 of 7 3.3.1.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 Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified above in Paragraph 3.2 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 3.2 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified for completion and readiness for final payment. 4. ARTICLE 4 —CONTRACT PRICE 4.1. The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.2.This turn -key project providing labor and materials shall be provided to the City for a not to exceed fee of $439,182.60 US Dollars. 4.3. As provided in the Contract 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 Contract Documents. 4.4. 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. 4.4.1.Further, there shall be no changes to the scope and/or contract documents without prior written approval of the Engineer of Record and the City's designated Professional Engineer. 5. ARTICLES —PAYMENT PROCEDURES 5.1. SUBMITTAL AND PROCESSING OF PAYMENTS: 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. 5.2. PROGRESS PAYMENTS, RETAINAGE: 5.2.1. 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 City of Fayetteville, AR Bid 20-72, Construction —Gulley Park Parking Re -Bid Page 2 of 7 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. 5.2.1.1. 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 FINAL PAYMENT. 5.2.2. 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. 6. ARTICLE 6—CONTRACTOR'S REPRESENTATIVES 6.1. In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: 6.1.1.Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. 6.1.2.Contractor has visited the Site(s) 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. 6.1.3.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. 6.1.4.Contractor has carefully studied all: 6.1.4.1. 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 6.1.4.2. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. 6.1.5.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. 6.1.6.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 City of Fayetteville, AR Bid 20-72, Construction —Gulley Park Parking Re -Bid Page 3 of 7 Times, and in accordance with the other terms and conditions of the Contract Documents. 6.1.7.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. 6.1.8.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. 6.1.9.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. 6.1.10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7. ARTICLE 7— CONTRACT DOCUMENTS 7.1. Contents 7.1.1.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 this Agreement and in the GENERAL CONDITIONS: 7.1.1.1. This agreement 7.1.1.2. Appendix A— City's Bid Package for Bid 20-72 7.1.1.3. Appendix B — Sweetser's Bid Submittal 7.1.1.4. Appendix C— Recommendation for Award 7.1.1.5. Appendix D—Certificate of Insurance 7.1.1.6. Appendix E —10D% Performance Bonds, Payment Bonds, and other bonds. 7.1.1.6.1. The Contractor shall file the Performance, Payment and Warranty Bonds at the Washington County Clerk's office prior to providing a file marked copy of the filed Performance, Payment and Warranty Bonds to the City. 7.1.1.6.2. The Contractor hereby agrees to not start work until a Purchase Order has been received from the City of Fayetteville Purchasing Division. 8. ARTICLE 8— MISCELLANEOUS 8.1. TERMS 8.1.1.Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.2. ASSIGNMENT OF CONTRACT 8.2.1.No assignment by a parry 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 City of Fayetteville, AR Bid 20-72, Construction —Gulley Park Parking Re -Bid Page 4 of 7 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. 8.3. SUCCESSORS AND ASSIGNS 8.3.1.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. 8.4. SEVERABILITY 8.4.1.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. 8.5. FREEDOM OF INFORMATION ACT 8.5.1.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.G.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.6. LIENS 8.6.1.No liens against this construction project are allowed. Arkansas law. (A.C.A. §§18-44-501 through 508) prohibits the filing of any mechanics of materialmen's liens in'refation to this public construction project. Arkansas law requires, and the Contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract"A' ny subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The Contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. 8.7. OTHER 8.7.1.Contractor shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that applicable coverage exists for the insurance listed in Appendix A which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not City of Fayetteville, AR Bid 20-72, Construction — Gulley Park Parking Re -Bid Page 5 of 7 protected under Worker's Compensation Insurance, Contractor shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. The premiums for all insurance and the bond required herein shall be paid by Contractor. 8.7.2.Contractor shall furnish proof of licensure as required by all local and state agencies. 8.7.3.lurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. The City will not agree to be forced to mediate or arbitrate any dispute. 8.7.4.Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. WITNESS OUR HANDS THIS _(0 DAY OF 2020. SWEETSER CONSTRICTION, INC. WIL.LAM G. Type or legibly print ATTEST: v `�.sssG�,F-R;;t� j�riSignature: /W� fz�( A.-'clTv 'F9 O.c'G�nle: PRESIDENT d' BY: — ?� Kara Paxton, City Clerk ANSPS Contractor shall attach evidence o{'fb� ' `sJPContractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authbMei i actor's signature and execution of Agreement. Further ff Contractor is a corporatign, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy from the Arkansas State Secretary of State to document that the corporation, corporate entity or LLC is In current "Good Standing" with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas. (SEAL) (SEAL) Attest Attest ( -" (� City of Fayetteville, AR Bid 20-72, Construction —Gulley Park Parking Re -Bid Page 6 of 7 '44dresi; for giring nolkes Andress forgivingnotttes i?3 bM. P.tn+ar.;era Si 5W W 120121 AR fave^evBle. AR 72701 FAYETTEVILLE, AR 72703 license No. ARKUMS COhrmAr TnAS LICENSE # 0027470421 Arent for Service of prods MLLiAM G. SWEETSER Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or UC, Contractor shell attach Corporate Resolution amhorizing Agent for Service process authority to sign. Qf Contractor is a corporation, corporate entity Approved as to Form: or LIC, attach evidence of authority to sign.) By: Attorney For. _ City of Fayetteville, AR Bid 20-72, Construction -Gulley Park Parking Re -Bid Page 7 of 7 CORPORATE RESOLUTION OF BOARD OF DIRECTORS OF SWEETSER CONSTRUCTION I, Sharon Sweetser, certify that I am the secretary and treasurer of Sweetser Construction, a corporation legally organized and existing under and by virtue of the laws of the State of Arkansas, and that I am the custodian of the records and the seal of the corporation; that at a meeting of the board of directors of the corporation duly and legallz called and held in accordance with the law and the bylaws of the corporation on the 27 day of December 2004, at which meeting a quorum of the board of directors of the corporation was present, the following resolutions were duly adopted by the board of directors of the corporation and are set forth in the minutes of the meeting, namely: `BE IT RESOLVED, by the board of directors of this corporation that: That Billy Sweetser as President of the Corporation and Sharon Sweetser as Secretary and Treasurer of the Corporation, are authorized to sign any and all contracts, deeds, assurances or any document which may be proper to effectuate the negotiations or transactions of the corporation. That Billy Sweetser as President of the Corporation and Sharon Sweetser as Secretary and Treasurer of the Corporation, any one or jointly are authorized to sign any and all contracts, deeds, assurances or any document which may be proper to effectuate the negations or transactions of the corporation from time to time on behalf of this Corporation. The above resolution will continue in force until express written notice of its rescission or modification has been received. I further certify that the above resolutions have not been in any way altered, amended, or rescinded; they are not in contravention of or in conflict with any of the conditions or provisions of the bylaws or charter of the corporation; and they are now in force and effect. I further certify that the names of all presently qualified and acting officers of the corporation are as follows, and the genuine signature of those presently authorized to sign for the corporation pursuant to the above resolutions appears below, identified by their signature: Billy Sweel�er, President L�44� 2 uA�� Sharon Sweetser, S/Tteasurer IN WITNESS WHEREOF, I have hereunto set my hand as Secretary of said corporation and have affixed hereto the official seal of the corporation this day of '0" a2 .17 2004. rIjF City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division PARKS & RECREATION (520) 2020 1 /Org2 Requestor: Alan Bearden BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Request to move $269,674 of funds into the Gulley Park Township Parking project, with $39,396 from Park Land Dedication (NE Quadrant) revenues and $230,278 from the Gulley Park Splash Pad project. Adjustment Number COUNCIL DATE: 10/6/2020 LEGISTAR FILE ID#: 2020-0774 H&Uy 3la.ck 9/18/2020 10:44 AM Budget Director TYPE: JOURNAL#: GLDATE: Date D - (City Council) RESOLUTION/ORDINANCE I CHKD/POSTED: TOTAL 39,396 39,396 v.20200820 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 2250.520.9256-4419.01 - 39,396 13001 7503.1000 RE GreenspaceFees - NE 2250.520.9256-5806.00 39,396 - 13001 7503.1000 EX Improvements - Park 2250.520.9255-5806.00 2250.520.9255-5806.00 (230,278) 230,278 - 13001 - 13001 1803 7503.1000 EX EX Improvements - Park Improvements - Park H:\Budget Adjustments\2020 Budget\City CouncilV0-06-2020\2020-0774 BA Gulley Park Township Parking I of I h PAYMENT AND PERFORMANCE BOND Bond No.: 107332638 TRAVELERS CASUALTY AND SURETY C( Hartford, Connecticut 061 Doc ID: 019510300004 Type: LIE Kind: PERFORMANCE BOND Recorded: 10/23/2020 at 02:36:52 PM Fee Amt: $30.00 Pape i of 4 Washington County, AR Kyle Sylvester Circuit Clerk FileB036-00000921 KNOW ALL PERSONS BY THESE PRESENTS, That we, Sweetser Construction Inc., as principal, (hereinafter called the "Principal"), and Travelers Casualty and Surety Company of America, a Connecticut corporation, as surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Fayetteville, AR, as Obligee, in the sum of Four Hundred Thirty Nine Thousand One Hundred Eighty Two and 60/100 Dollars ($439,182.60) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, the Principal has entered into a Contract with Obligee dated October 6, 2020, to perform construction work for furnishing all labor and materials for Gulley Park Parking Improvements, Fayetteville, AR ("Contract"). NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform the Construction Work to be performed under the Contract, and shall promptly make payment to Claimants, as hereinafter defined, for all labor and material actually used, consumed or incorporated in the performance of the Construction Work under the Contract, then this obligation shall be null and void; otherwise to remain in full force and effect. Surety's obligations hereunder to Obligee shall not arise unless Principal is in default under the Contract for failing to perform the Construction Work, and has been declared by Obligee to be in default under the Contract for failing to perform the Construction Work; and Obligee has performed its obligations under the Contract. In such event, Surety shall have a reasonable period of time to: 1. Upon entering into an acceptable written takeover agreement with Obligee, undertake to perform and complete the Construction Work to be done under the Contract; or 2. Obtain bids or negotiated proposals from qualified contractors for a contract for completion of the Construction Work to be done under the Contract, arrange for a contract to be prepared for execution by Obligee and contractor, to be secured with performance and payment bonds executed by a qualified surety; or 3. Waive its right to perform or complete the Construction Work pursuant to paragraphs 1 and 2 above, and with reasonable promptness under the circumstances: (a) After investigation, determine the amount for which it may be liable to the Obligee and, as soon as practicable after the amount is determined, tender payment therefor to the Obligee; or (b) Deny liability in whole or in part and notify the Obligee citing reasons therefor. 4. The Contract balance, as defined below, shall be credited against the reasonable construction cost of completing the Construction Work to be performed under the Contract. If completed by Obligee pursuant to paragraphs 2 or 3 above, and the reasonable construction cost of completing the Construction Work exceeds the Contract balance, Surety shall pay to Obligee such excess, but in no event shall the aggregate liability of Surety exceed the amount of this bond. If Surety completes the work pursuant to paragraph 1 above, that portion of the Contract balance as may be required to complete the Construction Work to be done under the Contract and to reimburse Surety for its outlays shall be paid to Surety at the times and in the manner as said sums would have been payable to Principal had there been no default under the Contract. To the extent that Surety's outlays exceed the Contract balance paid to Surety by Obligee, Surety shall be entitled to a dollar for dollar reduction of its liability under this bond, and Surety's aggregate liability shall not exceed the penal sum of this bond. The term "Contract balance" as used herein shall mean the total amount payable by Obligee under the Contract and any amendments Payment and Performance Bond - Page 1 of 3 thereto, less the amounts properly paid by Obligee to Principal under the Contract. The term "Construction Work" as used herein shall mean the providing of all labor and/or material necessary to complete Principal's scope of work under the Contract. Notwithstanding any language in the Contract to the contrary, the Contract balance shall not be reduced or set off on account of any obligation, contractual or otherwise, except the reasonable construction cost incurred in completing the Construction Work. 5. Any suit by Obligee under this bond must be instituted before the earlier of: (a) the expiration of one year from the date of substantial completion of the Construction Work, or (b) one year after Principal ceased performing the Construction Work, excluding warranty work. If the public works bond statutes in the location where the Construction Work is being performed contains a statute of limitations for suits on the performance bond, then the limitation period set forth herein shall be read out of this bond and the statute of limitation set forth in the public works bond statutes shall be read into this bond. If the limitation set forth in this bond is void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, and said period of limitation shall be deemed to have accrued and shall commence to run no later than (y) the date of substantial completion of the Construction Work, or (z) the date Principal ceased performing Construction Work, excluding warranty work, whichever occurs first. 6. A Claimant is defined as one other than Obligee having a contract with Principal or with a direct subcontractor of Principal to supply labor and/or materials and said labor and/or material is actually used, consumed or incorporated in the performance of the Construction Work under the Contract. 7. Principal and Surety hereby jointly and severally agree with Obligee that every Claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed or materials were furnished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for the amount due under Claimant's contract for the labor and/or material supplied by Claimant which was actually used, consumed or incorporated in the performance of the Construction Work, and have execution thereon; provided, however, that a Claimant having a direct contractual relationship with a subcontractor of Principal shall have a right of action on this bond only if said Claimant notifies Surety in writing of its claim within ninety (90) days from the date on which said Claimant did or supplied the last labor and/or materials for which the claim is made. Obligee shall not be liable for the payment of any costs or expenses of any such suit. 8. No suit or action shall be commenced hereunder by any Claimant after the expiration of the earlier of: (a) one year after the day on which Claimant last supplied the labor and/or materials for which the claim is made; or (b) the limitation period set forth in the public works bond statutes, if any, in the location where the construction work is being performed. Any limitation contained in this bond which is prohibited by any law controlling in the state where the suit is filed shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by the law of that state, and said period of limitation shall be deemed to have accrued and shall commence to run on the day Claimant last supplied the labor and/or materials for which the claim is made. 9. No suit or action shall be commenced hereunder by Obligee or any Claimant other than in a state court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 10. The amount of this bond shall be reduced by and to the extent of any payment or payments made by Surety in good faith hereunder whether made directly to Obligee or Claimant(s) or otherwise in discharge of Principal's obligations. Surety's liability hereunder to Obligee and all Claimants is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. Surety may, at its option, discharge all obligations under this bond by interpleading into the registry of any court of competent jurisdiction of the full unused penal sum of this bond, or such portion Payment and Performance Bond - Page 2 of 3 thereof that will satisfy the obligations owed to Obligee and/or Claimant(s). No right of action shall accrue on this bond to any person or entity other than Obligee and/or Claimant(s). The bond shall not afford coverage for any liability of Principal for tortious acts, whether or not said liability is direct or is imposed by the Contract, and shall not serve as or be a substitute for or supplemental to any liability or other insurance required by the Contract. 11. This bond is provided to comply with a statutory or other legal requirement for performing construction contracts for public owners in the location where the construction work is being performed. Except as provided in paragraphs 5 and 8 above, all provisions in the bond which are in addition to or differ from those statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. This bond is a statutory bond, not a common law bond. Signed this 16th day of October, 2020. Sweetser Construction Inc. A William Sweetser Travelers Casualty and ur ty C mpany of America By: David Chilson, Attorney- -Fact Payment and Performance Bond - Page 3 of 3 Travelers Casualty and Surety Company of America A4W Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint David Chilson of Fayetteville Arkansas , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. � � nnnrroRD, eq�-Vo State of Connecticut City of Hartford ss. By: Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. �m My Commission expires the 30th day of June, 2021 mC)J1�Jt. t�1� w ,�, jp ♦ Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I. Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 16th day of October , 2020 < !UR'iMVM,'MOM cOw p+ f�+ � tp � h Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please calf us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power is attached.