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HomeMy WebLinkAbout99-21 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 99-21 File Number: 2021-0223 BID #21-26 SWEETSER CONSTRUCTION, INC. - 2019 DRAINAGE IMPROVEMENTS BOND PROJECT: A RESOLUTION TO AWARD BID #21-26 AND AUTHORIZE A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $197,127.50 FOR CONSTRUCTION OF THE RAMSEY AVENUE DRAINAGE IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $29,500.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 DRAINAGE 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 #21-26 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 $197,127.50 for construction of the Ramsey Avenue Improvements Project, and further approves a project contingency in the amount of $29,500.00. 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 4/6/2021 Page 1 Printed on 4/7/21 Resolution: 99-21 File Number: 2021-0223 Attest: I It r i r If rr�� ARK' T /' �`�.•' c,\TY 0�'9sG aw �••FAYE •�� �EVILLE Kara Paxton. City Clerk Treasutsr ; '11G ION11 �NOO`�' Page 2 Printed on 417121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2021-0223 Agenda Date: 4/6/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A 4 BID #21-26 SWEETSER CONSTRUCTION, INC. - 2019 DRAINAGE IMPROVEMENTS BOND PROJECT: A RESOLUTION TO AWARD BID #21-26 AND AUTHORIZE A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $197,127.50 FOR CONSTRUCTION OF THE RAMSEY AVENUE DRAINAGE IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $29,500.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 DRAINAGE 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 #21-26 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 $197,127.50 for construction of the Ramsey Avenue Improvements Project, and further approves a project contingency in the amount of $29,500.00. 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 4/6/2021 Matt Casey Submitted By City of Fayetteville Staff Review Form 2021-0223 4/6/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/15/2021 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a contract in the amount of $197,127.50 with Sweetser Construction, Inc. for the construction of the Ramsey Avenue Drainage Improvements Project, approval of a project contingency of $29,500.00. (15%) and approval of a budget adjustment. Budget Impact: 4604.860.7425-5817.00 4604 - Drainage Projects 2019 Bonds 4470.621.8810-5817.00 4470 - Sales Tax Capital Improvement Account Number Fund 46040.7425 11021.7425 Miscellaneous Drainage Projects Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 23,800.00 $ 150.00 $ 23,650.00 $ 226,628.00 $ .23,650.50 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: Amount includes bid amount of $197,127.50 plus a 15% contingency of $29,500.00. CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF APRIL 6, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager DATE: March 15, 2021 CITY COUNCIL MEMO SUBJECT: Approval of a contract in the amount of $197,127.50 with Sweetser Construction, Inc. for the construction of the Ramsey Avenue Drainage Improvements Project, approval of a project contingency of $29,500.00. (15%) and approval of a budget adjustment. RECOMMENDATION Approval of a contract in the amount of $197,127.50 with Sweetser Construction, Inc. for the construction of the Ramsey Avenue Drainage Improvements Project, approval of a project contingency of $29,500.00. (15%) and approval of a budget adjustment. BACKGROUND: The City of Fayetteville Engineering Division has prepared the design for this project. The project includes installation of approximately 43 feet of double 3 ft. by 8 ft concrete box culverts, 85 linear feet of channel improvements and street repair to help relieve some of the flooding issues that are experienced in this area due to the undersized storm sewer system. DISCUSSION: On March 11, 2021, the City received four (4) construction bids for this project. Sweetser Construction, Inc. submitted the low bid which was approximately 7.9% below the Engineer's Estimate of $214,000.00. Engineering staff recommends awarding this contract to Sweetser Construction, Inc.. The contract time is 120 days (4 months) for final completion. BUDGET/STAFF IMPACT: The drainage improvements are funded by the 2019 Drainage Bond Program ($147,127.50) and the Sales Tax Capital Improvements — Bridge and Drainage Improvements Fund ($50,000). Attachments: Section 0500 Agreement Recommendation of Award Vicinity Map Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: RAMSEY AVENUE DRAINAGE IMPROVEMENTS Contract No.: Bid 21-26, Construction -Ramsey Avenue Drainage Improvements THIS AGREEMENT is dated as of the day of ✓1 ` in the year by and between The City of Fayetteville, Arkansas and f attef"� 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: The removal and disposal of existing drainage structures, concrete walls, ditch paving, curb & gutter, vegetation and asphalt pavement. The construction includes the installation of approximately 43 L.F. of double 3 ft. x 8 ft. precast box culverts and appurtenances. Additionally, the project will require the installation of approximately 85 L.F. of rip rap lined channel, slope paving, grading, sodding, tree installation and 90 L.F. of street improvements. Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400-Bid Form for quantities. 00500 Agreement 00500-1 DOCUMENT 00500 - AGREEMENT (continued) ARTICLE 2 = ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TMM 3.01 TIlVIE OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work shall be Substantially Completed within 120 calendar days after the date when the Contract Times commence to run as provided in the GENERAL COMMONS, and final completion and ready for final payment in accordance with the GENERAL COMMONS within 150 calendar days after the date when the Contract Times commence to run. 3.03 LIOUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day 00500 Agreement 00500-2 DOCUMENT 00500 — AGREEMENT (continued) that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions, estimated quantities are not guaranteed, and 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. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. 00500 Agreement 00500-3 DOCUMENT 00500 — AGREEMENT i continued) ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING -OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and 00500 Agreement 00500-4 DOCUMENT 00500 - AGREEMENT continued) 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. 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 00500 Agreement 00500-5 DOCUMENT 00500 — AGREEMENT (continued) (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract 00500 Agreement 00500-6 DOCUMENT 00500 — AGREEMENT (continued) Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 00500 Agreement 00500-7 DOCUMENT 00500 - AGREEMENT (continued) 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: RAMSEY AVENUE DRAINAGE IMPROVEMENTS 8. Addenda numbers inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. &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 00500 Agreement 00500-8 DOCUMENT 00500 — AGREEMENT (continued) partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-501 through 508) prohibits the riling of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for 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. 00500 Agreement 00500-9 DOCUMENT 00500 - AGREEMENT (continued) IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts each has been retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor. This Agreement will be effective on c _� which is the Effective Date of the Agreement. CONTRACTOR: WILLKM G. SWEETISER gwty 9-A CONSTRUCTION, INC. By: W.. (Type or g y int) (Signature) PRESIDENT Title: CITY OF FAYETTEVILLE Title: Mayor 00500 Agreement 00500- 10 DOCUMENT 00500 — AGREEMENT (continued) Contractor shall attach evidence of authority to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy form 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. 1 _ _ (SEAL) Attest Attest 00500 Agreement 00500 - 1 I DOCUMENT 00500 — AGREEMENT ( continued) Address for giving notices Address for giving notices 113 W. Mountain St. SWEETSER CONS , ; _— _ _ _ 590 W. POPLAR Favetteville, AR 72701 FAYETTEVILLE, AR 72703 License No. 0027470421 Agent for Service of process WILLIAM G. SWEETSER (Type or legibly print) Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.) END OF DOCUMENT 00500 00500 Agreement 00500 - 12 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: SOs- Billy,t Sharon Sweetser, S tary/Treasurer IN WITNESS WHEREOF, I have hereunto set my hand as Secretary of said corporation and have affixed hereto the official seal of the corporation this day of N-a- d 7 2004. -- - Secretary ATTEST• President License No. 0027470418 State of Arkarzszts' ID#4115 Commercial. Coh&a (firs Licensing Board SWEET$I;R CON$TRUC'I'ION, INC. 5" W POPLAR :. r FAYETTEVIi,L; Alt 71703 i ih15 >ES tU Certify That. SWEETSER CONSTRUCTION, INC. is duly licensed under the provisions o Act 150 of the 1965 Acts as amended and is entitled to practice Contracting in the State of -Arkansas within.the following classif cations/specialties: BUILDING - (COMMERCIAL & RESIDENTIAL) HIGHWAY, RAILROAD, AIRPORT CONSTRUCTION i MUNICIPAL & UTILITY CONSTRUCTION with the following Isuggested bid limit from April28, 2017 until when this Certificate expires. April X 2018 Witness our hands of the Board dated at North Little Rock Arkansas: CHAIRMAN SECRETARY April 28, 2017 - sh yyGCRgT 'Oy 1'QKA Ht �`A Arkansas Secretary of State Mark Martin State Capitol Building 0 Little Rock, Arkansas 72204-1094 •501-682-3409 Certificate of Good Standing I, Mark Martin, Secretary of State of the State of Arkansas, and as such, keeper of the records of domestic and foreign corporations, do hereby certify that the records of this office show SWEETSER CONSTRUCTION, INC. authorized to transact business in the State of Arkansas as a For Profit Corporation, filed Articles of Incorporation in this office October 11, 1967. Our records reflect that said entity, having complied with all statutory requirements in the State of Arkansas, is qualified to transact business in this State. In Testimony Whereof, I have hereunto set my hand and affixed my official Seal. Done at my office in the City of Little Rock, this 16th day of February 2018. gMark Martin fi1t�i�`'C�UBIA orization Code: 1a4239abbc926b5 To verify the Authorization Codo, visit sos.arkansas.gov SVA!]rE OF SECTARY OF STATE Charlie Daniels SECRETARY OF STATE To All to Whom These Presents Shall Come, Greetings: I, Charlie Daniels, Secretary of State of Arkansas, do hereby certify that the following and hereto attached instrument of writing is a true anti perfect copy of Articles of Amendment of JERRY p. SWEETSER, INC. changing the name to SWEETSER CONSTRUCTION, INC. filed in this office November 10, 2004. In Testimony Whereof, I have hereunto set my band and mixed my official Seal. Done at my office in the City of Little Rock, this l Oth day of November 2004. n N..0 110I�.JCW Ot01� VI VLLl1.q.yVVlAllll.l.l .. y.. ro��wrvrva v.rW r.rr.vr ♦r-r.r arr� ra. •r r ..r •r....• .. Certificate of Amendment Does this Amendment 9neiede a share exchange? NO JERRY D. SWEETSER, INC. a corporation duly organized, created and existing under and by virtue of the laws of the State of Arkansas, by its President and its Secretary. A. The name of the corporation to JERRY D. SWEETSER, INC. 8, 'the attached amendment was adopted on 10 day orNOVEMB R, 2004 by the shareholders, C. That the number of shares outstanding is 246.75, and The number of shares entitled to vote thereon is 246.75 (100%). The number of shares voted for Is 246.75, The number of shares which voted against is 0 (if the shares are entitled to vote thereon as a class, the designation and number of outstanding shares entitled to vote thereon of each such class, and the number of shares of each class which voted for and against are required.) D. If the amendment provides for an exchange, reclasalfication or cancellation of issued shares shall be effected as follows (If stated In attached amendment, do not restate); NOT APPLICABLE E. If ths amendment effects a change In the amount of stated capital, then stets the manner in which the same is effected and state the amount s, the stated capital changed by the amendment In dollars and cents. THE NAME OF THE CORPORATION SHALL BE CHANGED TO SWEETSER CONSTRUCTION, INC. IN WITNESS WHEREOF, the said Corporation, JERRY D. SWEETSER., INC. has caused its corporate name to be subscribed by tts president, who hereby verifies that the statements contained In the foregoing Csrtlfiaate of Amerxlment are true and correct to the best of his/her imowiedge and duly attested by its Secretary, on this 10th day of November, 2004. JERRY D. SWEETSER, INC. Corporate Name WMLUM G. SWEETSER President 590 W. POPLAR, FA.YETTEVILLE, AR 72703 Address ATTEST: MICH EL A. SWEETSER Secretary 4 i r i r r sr i i ARTICLES OF INCORPORATION OF JERRY D. SWEETSER, INC. Original articles filed: October 11, 1967 A R T I C L E S O F I N C 0 R P 0 R A T I C N of JERRY U. SWEETSER, INC. Filed in the office of tae Secretary of State of the State of Arkansas on this clay o f A. D. D secretary of St to a By Deputy Al?TICLLS OF INCOVORATION of JERRY D. SWELTSER, INC. Wt , the undersigned, in order to form a corporation for the purposes hereinafter stated, under and pursuant to the pro- visions of the Arkansas 3u3iness Corporation Act, Acts of 196S tio. 575, do hereby certify a3 follows: FIRST: Tha name of the corporation is Jerry D. Sweetsar, Inc. 5BCoaD: T;is period of existence of tais corporation shall be per- petual. THIRD: Tr -a purpose or purposes for which the corporation is organ - iced is as follows: A. To engage in general contracting and cement finishing business. 13. To manufacture, purchase, design, prepare, buy, acquire, sell, at wholesale and retail, distribute, export, import, dispose of, and genorally deal in and with goods, wares, marchaadiss and pro?Arty of every kind, nature aad description, both within and without the Stata of AYKansss. C. To acquire by loase, purchase, ;ift, devise, contract con- cession, or otaerwi3e, an3 to hold, own, develop, explore, ex*iloit, improve, operate, leasa, enjoy, control, manage, or otaer+ri3-3 turn to account, mortgages, grant, salt, exchange, convey, or oti:e raisa dispose of, where ever situated, within or without the State of Arkansas, in real estate, lands, options, concessions, grants, and patents, franchises, rights, privileges, easements, astates, tene- ments, hereditanents, interest, and properties of every kind, nature and dascripti,on whatsoever. D. To acquire and hold the common stacks, proferrad stocks and certificates of indebtedness of other corporations as wall as of thin corporation. E. To enter into, maka and parform contracts of every kind and dsscri?lion wit: any perso,l, firm association or cor- poration, n,unic.ipality, body politic, country, territory, state, loverameni or otherwise. F. In general, to do ary and all of tiro things harsin sat forth to the same extent as natural parsons might or could do and in any Part of the world, as principal, agent, contractor, trw^tae, Or Otilerwise, witliln or without the State of Arkansas, sithor alone or in company with others, and to carry on any other business in connection there;ritil, 0 - a c 1— tr,ather manufacturing or otnerdise, and to do all things not forbiddan, and with all the powers conferred upon corporations by tAe laws of the State of Arkansas. MI RTH: Tile total amount of tna authorized capital stock of this cor- poration is 1,000 sharas, having a par value of 4100.00 oacz. FIFTH: The corporation svi11 not commence business until consideration of the value of at least $340.00 has been received for the issuance of shares. SIXTH: The address of t:ze corporation's initial registerad office is University and N. Center 3treat3, Fayetteville, Arkansas. Jerry D. Sxeetser is the initial registered agent at said address. SEVENTH: The initial board of directors of the corporation Will have three (3) members. EIGHTH: The name Ind address of each incorporator is as follows: Jerry 0. S eena r, 401 Assemoly DTLYe, Fayetteville, Arkansas Sharon J. Swaatser, 401 As3a3017 Drive, Fayetteville, Arkansas I4 WITh-SS WZIMEOF, Wa have heryunto set our hands this SA day of October, 1967. Q - 303 4r7-11111out cnr=jrvlr STATE OF AAXANSAS } ) sq. COUNTY OF WAShIYGTON ) 3E IT REHE-f3ERL-D teat on this day of October, A.D. 1957, personally case before me, the undersigned, a notary Public within aad for the State and County aforesaid, Jerry D. Sweatser and Sharon J. Sweetser, parties to the foregoing Articles of Incorpora- tion, known to roe personally to be sucz, and severally acknowledged the same to be the act avid deed of the suers, respectively, and that the facts therein stated are truly set forth. GI14—rN under or/ hand and seal of office the day and year aforesaid. \ wotary Public My Comm. Bxp.: cZ r L' RTIFICATE OF CLERX STATE OF ARXA.YSAS ) ) ss. COMM OF WA3hIACTOX ) I, C.—, _W"�'Zz' Clark of the County and Probate Courts in and for tia County aforesaid, do hereby certify that t,ie foregoing instruawat of writing, being cartificat3 of IncoruOration of was fila3 for record in my office ou th:a l3 day off""�7 1967, avid the ss:ae is now duly recorded in Look 0 , Page -301 , of the rscords of umy said office. IN TiSTI.IONY f lEREOF, I hjreuntosat my nand and the seal of said Court this L iiay of a&A4—, 13b7. oun orx Q-3oV CITY 0P FAYETTEVILLE ARKAN•AS BID TABULATION BID 21-26, CONSTRUCTION - RAMSEY AVENUE DRAINAGE IMPROVEMENTS Deadline: Thursday, March 11, 2021 before 2:00 PM, local time Certification of Funds: $214,000.00 25% Allowance: $53,500.00 Total Allowed: $267,500.00 -f Sweetser Curtis Diamond C Goodwin & Construction, Construction Construction Goodwin, Inc. Inc. $ 225,333.00 $ 229,398.60 $ 339,125.00 $ 197,127.50 Total Base Bid: Item Items Description Quantity Unit of Unit Total Unit Total Unit Total Unit Total Required Measure Price Cost Price Cost Price Cost Price Cost #0-1 Mobilization (Shall not exceed 5%of Total Bid) 1 Ls $ 10,500.00 $ 10,500.00 5 7,504.00 $ 7,504.00 > 15,000.00 $. 15,000.00 $ 5,000.DO $ S,000.00 #0.2 Insurance and Bonding 1 LS 5 4,180.00 $ 4,180.DO 5 7,697.76 $ 7,697.76 $ 15,000.00 $ 15,000.00 $ 2,300.00 $ 2,300.00� #0-3 Construction Control (Staking) 1 LS 5 7,000.00 $ 7,000.00 5 3,920.00 $ 3,920.00 $ 6,000.DO $ 6,000.00 $ 2,400.00 $ 2,400.00 #0-4 Trench and Excavation Safety Systems 1 LS $ 1,000.00 $ 1,000.00 S 2,800.00 $ 2,800.00 $ 1,000.00 $ 1,000.00 $ 2,500.00 5 2,SOo.00 #0-5 Clearing, Grubbing, & Demolition 1 LS $ 19,358.00 $ 19,358.00 $ 18,816.00 $ 18,81&00 $ 30,000.00 $ 30,000.00 $ 10,100.00 $ 10,100.00 #0-6 Undercut and Backfill• 100 CY $ 28.00 $ 2,800.00 $ 77.28 $ 7,728.00 5 35.00 $ 3,500.00 $ 36.00 $ 3,600.00 #0-7 Rock Excavation so CY 5 145.00 $ 7,250,00 $ 300.00 $ 15,000.00 $ 100.00 $ 5,000.00 $ 250.DO $ 12,500.00 #0-8 Unclassified Excavation 25 CY $ 20.00 $ S00.00 $ 67.20 $ 1,680.00 $ 30.00 $ 750.00 $ 100.00 $ 2,500.00 #0-9 Subgrade Preparation (Plan Quantity) 290 SY $ 20.00 $ 5,600,00 $ 14.00 $ 3,920.00 $ 10.00 $ 2,800.00 $ 12.00 $ 3,360.DO Double 3ft. x 8ft. Precast Concrete Box Culvert with 110-10 Headwalls, Wingwalls, Aprons & Appurtenances 1 LS $ 97,594.00 $ 97,594,00 $ 82,610.08 $ 82,610.08 $ 180,000.00 $ 180,000.00 $ 79,500.00 $ 79,500.00 #0-11 Channel Excavation (Plan Quantity) 230 CY $ 22.00 $ 5,060.00 $ 46.27 $ 10,642.10 $ 30.00 $ 6,900,00 $ 42.00 $ 9,660.00 #0.12 Native Stone Rip Rap (18" Thick) with Fabric 175 SY $ 78.DO $ 13,650.00 $ 97.29 $ 17,024.00 $ 75.DO $ 13,125.00 $ 77.50 $ 13,562.50 #0-13 (8") Aggregate Base Course (Class 7) 280 SY $ 11.50 $ 3,220.00 $ 14.56 $ 4,076.80 $ 25.DO $ 7,000.00 $ 24.00 $ 6,720.00 #0-14 (3") Asphalt Concrete Hot Mix Surface Course (PG64-22) 40 TON $ 178.00 $ 7,120.00 5 252.00 $ 10,080.00 $ 225.00 $ 9,000.00 $ 310.00 $ 12,400.00 #0-15 Concrete Curb and Gutter (18") 200 LF $ 37.50 $ 7,500.00 $ 20.16 $ 4,032.00 $ 30.00 $ 6,000.00 $ 28.00 $ 5,600.00 #0-16 4" Thick Concrete w/4" Class 7 Base 45 SY $ 108.00 $ 4,860.00 $ 50.53 $ 2,273.85 $ 60.00 $ 2,700.00 $ 65.00 $ 2,925.00 110-17 Bermuda Solid Sod w/4" Topsoil Placement Soo SY 5 11.05 $ 5,525.00 5 13.89 $ 6,945.00 5 10.00 $ 5,D00.00 $ 4.80 $ 2,400.00 #0-18 Erosion Control 1 LS $ 3,340.00 $ 3,340.00 $ 1,848.00 $ 1,548.00 5 7,000.00 $ 7,000.00 $ 2,000,00 $ 2,000.00 #0-19 Traffic Control and Maintenance 1 LS $ 2,500.00 $ 2,SDO.00 5 3,920.00 $ 3,920.00 $ 10,000.00 $ 10,000.00 $ 2,500.00 $ 2,Soo.00 #0-20 Adjust Manhole to Grade 1 EA $ 1,800.00 $ 1,800.00 $ 2,800.00 $ 2,900.00 5 1,000.00 $ 1,000.0o $ 1,250.00 $ 1,250.00 110-21 Construction Photographs & Video 1 LS $ 1,100.00 $ 1,100.00 $ 2,800.00 5 2,900.00 5 1,500.00 $ 1,S00.00 $ 1,200.00 $ 1,200.00 #0-22 American Elm (Ulmus Americanna) 4 EA 5 488.00 $ 1,952,00 $ 448.00 $ 1,792.00 $ 425.00 $ 1,700.00 $ 500.00 $ 2,000.00 #0-23 Water Oak(Quercus Nigra) 4 EA $ 50o.D0 $ 2,000.00 $ 448.00 $ 1,792.00 $ 425.00 $ 1,700.00 $ 500.00 $ 2,000.00 010.24 Amended Soil 8 EA 5 45.50 $ 364.D0 $ IDO.00 $ 800.00 $ 50.00 $ 400.00 $ 100.00 $ 800.00 #0-25 16 in. Direct Bury Steel Encasement 30 LF $ 182.00 $ 5,460.00 $ 118A9 $ 3,SS4.70 $ 135.00 $ 4,050.00 $ 125.00 $ 3,750.00 #0-26 Lower 2.25 in. Waterline 1 LS $ 4,1DD.00 $ 4,100.00 5 3,342.31 $ 3,342.31 $ 3,000.00 $ 3,000.00 $ 4,600.00 $ 4,600.00 NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. Bid 21-26, Construction - Ramsey Avenue Drainage Improvements Project Overview Project Details Project Name Bid 21-26, Construction - Ramsey Avenue Drainage Improvements Project Owner Andrea Foren Project Type ITB Department Purchasing Certification of $214,000.00 Funds 25% Allowance $53,500.00 Total Allowance $267,500.00 Project Description Ramsey Ave Drainage Improvements Open Date Feb 14, 2021 12:00 AM CST Close Date Mar 11, 2021 2:00 PM CST Highest Scoring Supplier Score Sweetser Construction, Inc. 100 pts FAYE TTE V i LIE aKa H,s; Seal status Requested Information Unsealed on Unsealed by Required City Forms Mar 11, 2021 2:04 PM CST Adonis Bwashi Bid Bond Mar 11, 2021 2:04 PM CST Adonis Bwashi Arkansas Contractor's License Mar 11, 2021 2:04 PM CST Adonis Bwashi Arkansas Secretary of State Mar 11, 2021 2:04 PM CST Adonis Bwashi Filing # 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, Mar 11, 2021 2:04 PM CST 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. rAY F. TG V:L. LF 1-- n 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 Mar 11, 2021 2:05 PM CST No C'71 OF FAYETTEVILLE ARKANS waKwHsws Submissions Supplier Goodwin & Goodwin, Inc. Date Submitted Mar 10, 2021 8:40 PM CST Diamond C Construction Mar 11, 2021 12:22 PM CST Curtis Construction Mar 11, 2021 12:46 PM CST Sweetser Construction, Mar 11, 2021 11:29 AM Inc. CST Name Email Confirmation Code David Garcia docryde@yahoo.com MT13OTYz Mike Cordeiro mike@diamondcconst.com MT14MDk0 jack paty jpjackpaty@gmail.com MT14MTE0 Charlie Miller Charlie@sweetserconstruction.com MT14MDY0 '"�' CITY Of 1�...... EVILLE ARKAMfAf Project Criteria Criteria Total Bid Price Points Description 100 pts Total Bid Price Within Certified Funds Pass/Fail Within Certified Funds Total 100 pts FA TTEVILLE ANNA NSAS Scoring Summary Active Submissions Supplier Sweetser Construction, Inc. Curtis Construction Diamond C Construction Goodwin & Goodwin, Inc. Total Total Bid Price / 100 pts / 100 pts 100 pts 100 pts ($197,127.50) 87.48 pts 87.48 pts ($225,333.00) 85.93 pts 85.93 pts ($229,398.60) 58.13 pts 58.13 pts ($339,125.00) Within Certified Funds Pass/Fail Pass Pass Pass Fail C TY OF FAYETTEVILLE ARKANS ARKANSAS Signatures Name Signatures Andrea Foren Andrea Digitally signed by Andrea Foren (Project Owner) Foren Date:2021.03.15 15:01:44-05'00' Adonis Bwashi Digitally signed by Adonis Bwashi DN: cn=Adonis Bwashi, (Evaluator) " a email=abwashi@fayetteville-ar.gov, c=US Date: 2021.03.11 16:23:55-06'00' VIC IN IT Y MA P RAMSEY AVENUE DRAINAGE IMPROVEMENTS City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2021 Requestor: Matt Casey BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a contract in the amount of $197,127.50 with Sweetser Construction, Inc. for the construction of the Ramsey Avenue Drainage Improvements Project, approval of a project contingency of $29,500.00. (15%) and approval of a budget adjustment. RESOLUTION/ORDINANCE COUNCIL DATE: 4/6/2021 LEGISTAR FILE ID#: 2021-0223 Matthew Maddo-X, 311512021 2:46 PM Budget Director TYPE: JOURNAL #: GLDATE: CHKD/POSTED: Date D - (City Council) 4/6/2021 TOTAL - _ v.20210309 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4604.860.7425-5817.00 147,128 - 46040 7425 EX Improvements - Bridge & Drainage 4604.860.7425-5911.99 29,500 - 46040 7425 EX Contingency - Capital Project 4604.860.7999-5899.00 (176,628) - 46040 7999 EX Unallocated - Budget 4470.621.8810-5419.00 (50,000) - 11021 2011 EX Drainage Maintenance 4470.621.8810-5817.00 50,000 - 11021 7425 EX Improvements - Bridge & Drainage H:\BudgetAdjustmenfs\2021-Budget\City Council\04-06-2021\2021-0223 BA Ramsey Drainage Construction Contract 1 of 1 Change Order 1 For the Ramsey Ave Matt Casey Submitted By City of Fayetteville Staff Review Form 2021-0619 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/10/2021 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of Change Order 1 for the Ramsey Ave. Drainage Improvements Project which will increase the contract amount by $5,820.00. Budget Impact: 4604.860.7425-5817.00 4604 - Drainage Projects 2019 Bonds Account Number Fund 46040.7425 Miscellaneous Drainage Projects Project Number Project Title Budgeted Item? Yes Current Budget $ 207,558.00 Funds Obligated $ 171,921.55 Current Balance $ 35,636.45 Does item have a cost? Yes Item Cost $ 5,820.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget i$ 29,816.45 V20210527 Purchase Order Number: 2021-00000324 Previous Ordinance or Resolution # 99 21 Change Order Number: Approval Date: ' 2' Original Contract Number: 2021-00000021 Comments: CITY OF FAYETTEVILLE W4V ARKANSAS TO: Mayor Lioneld Jordan THRU: Susan Norton, Chief of Staff Chris Brown, P.E., Public Works Director FROM: Matt Casey, Engineering Design Manager DATE: August 10, 2021 STAFF MEMO SUBJECT: Approval of Change Order No. 1 in the amount of $5,820.00 for the Ramsey Ave. Drainage Improvements Project RECOMMENDATION: Staff recommends approval of Change Order 1 for the Ramsey Ave. Drainage Improvements Project which will increase the contract amount by $5,820.00. BACKGROUND: The City of Fayetteville Engineering Division has prepared the design for this project. The project includes installation of approximately 43 feet of double 3 ft. by 8 ft concrete box culverts, 85 linear feet of channel improvements and street repair to help relieve some of the flooding issues that are experienced in this area due to the undersized storm sewer system. On April 6, 2021, the City Council approved Resolution 99-21 authorizing a construction contract with Sweetser Construction, Inc. in the amount of $197,127.50 plus a construction contingency of $29,500.00 for this project. DISCUSSION: After the start of construction for this project, the contractor discovered a portion of chain link fence that would be removed due to the construction. In addition, during a large storm event, a significant amount of sediment from a collapsed bank washed into the newly constructed box culvert. The bank and sediment were from off -site and not part of the construction site. City staff requested that the contractor provide a cost for the extra fencing as well as the removal of the sediment from the culvert. The contractor has provided staff with a proposed cost of $5,820.00 for this additional work. BUDGET/STAFF IMPACT: This project is funded by the 2019 Drainage Bond Program. The City Council approved a contingency of $29,500.00 for this project which will cover the cost of this change order. Construction is complete and no further use of the contingency is anticipated. Attachments: Change Order 1 Vicinity Map Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETARKANS EVILLE ARbKANSAS CHANGE ORDER Contract Title: Ramsey Ave. Drainage improvements Change Order No. I Date of Issuance August 9, 2021 To Contractor. SWEETSER CONSTRUCTION, INC. ORDINANCE/RESOLUTION99-21 The Contract is changed as follows: Effective August 9, 2021 Bid Bid Previous Unit Contract Revised Revised Original Revised Contract Item Item Estimated of Unit Estimated Unit Estimated Estimated Changes No. Description Quantity Measure Price Quantity Price Cost Cost 27 Chain link Pence 0 LF $0.00 65 S28.00 $1.820.00 28 Clean out Dbl. 3 x8' Box Culvert 0 LS $0.00 1 $4,000.00 S4,000.00 Summation of Cost $5,820.00 Net Cost for this Change Order $5,820.00 Not valid until siprrA by the Owner The original Contract Price was $ 197.127.50 Net change by previously authorized change orders $ The Contract Price prior to this Change Order was $ 197.12750 The Contract Price will be adjusted by $ 5,820 00 The new Contract Price including this Change Order will be $ 202,94750 The Contract Tinw(s) will be increased by 0 -""-" calendar due. Required dates of Completion as of the date of this Change Order therefore are: Substantial Completion 21Sep-21 Final Completion . -- -------"' "- -" — -- — NOTE: This surnniary does not reflect changes in the Contract Price or Times) which have been a rized by Work Change Directives not incorporated in this or previous Change Orders. SWEETSER CONSTRUCT10N, INC. F ky LE 08/17/21 9V' _ A B DATE r VICINITY MA P RAMSEY AVENUE DRAINAGE IMPROVEMENTS