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HomeMy WebLinkAbout50-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 50-23 File Number: 2023-422 BID #23-17 SWEETSER CONSTRUCTION, INC. - 2019 TRAIL IMPROVEMENT BOND PROJECT A RESOLUTION TO AWARD BID 923-17 AND AUTHORIZE A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $502,480.00 FOR INSTALLATION OF STORM DRAINAGE ALONG THE MISSION BOULEVARD TRAIL, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $100,000.00, AND TO APPROVE A BUDGET ADJUSTMENT — 2019 TRAIL IMPROVEMENT 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 423-17 and authorizes Mayor Jordan to sign a contract with S Wemer Construction, Inc, a copy of which is attached to this Resolution, in the amount of $502,480.00 for installation of storm drainage along the Mission Boulevard Trail from Old Wire Road to North Street, and further approves a project contingency in the amount of S 100,000.00. 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 March 7, 2023 Page 1 Attest: CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF MARCH 7, 2023 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Mihalevich, Active Transportation Manager DATE: CITY COUNCIL MEMO SUBJECT: 2023-422 Mission Blvd. Trail Storm Drainage Installation RECOMMENDATION: 2023-422 Staff recommends award of Bid 23-17 and authorization of a contract with Sweetser Construction, Inc. in the amount of $502,480.00 and approval of a $100,000 contingency for the installation of storm drainage for the Mission Blvd. Trail from Old Wire to North Street and approval of a budget adjustment. BACKGROUND: City crews will soon begin construction of a shared use paved trail along Mission Boulevard (Highway 45) from Viewpoint to Maple Street. This 1.5-mile corridor is planned to include a 12 and 10-foot-wide shared use paved trail with green space separation including trees, lighting, curb and storm drainage with a focus on bike and pedestrian safety. This project is identified as a priority in the Active Transportation Master Plan and as a catalyst project in the Northwest Arkansas Bicycle & Pedestrian Plan. In addition, this project ranks number 6 by the Mobility Plan project prioritization scoring matrix. DISCUSSION: The Mission Blvd. Trail is a large and involved trail project, so we have broken the 1.5 miles into phases for construction. The first phase will be the most important section from Old Wire Rd. to North Street. To assist the City crews in the construction of this section, the work associated with the storm sewer installation was publicly bid as 23-17. The Mission Blvd. Trail was designed by Crafton, Tull and Associates, Inc. and the construction will be managed by city staff. Bid #23-17 was opened publicly on February 7th, 2023 with four bidders providing bids. Sweetser Construction, Inc. being the lowest responsive bidder and the bid tabulation is included. The bid amount is below the engineers estimate and within the amount funds certified. The contract time is 120 days for final completion. BUDGET/STAFF IMPACT: Funding for the storm drainage installation in a total amount of $602,480.00 with contingency has been allocated from the 2019 trail bond funds. The budget adjustment moves funds to the Mission Blvd. Trail project. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ATTACHMENTS: 2023-422 SRF Sweetser - Mission Blvd. Storm Drainage, 2023-422 BA Sweetser - Mission Blvd. Storm Drainage, Mission Blvd Trail Map - January 2023, Bid 23-17, Bid Tab - AB and LM Signed, Sweetser Signed Agreement, Bid 23-17, Submittal - Sweetser Construction, Inc. - E Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-422 2023-422 Mission Blvd. Trail Storm Drainage Installation A RESOLUTION TO AWARD BID #23-17 AND AUTHORIZE A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $502,480.00 FOR INSTALLATION OF STORM DRAINAGE ALONG THE MISSION BOULEVARD TRAIL, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $100,000.00, AND TO APPROVE A BUDGET ADJUSTMENT — 2019 TRAIL IMPROVEMENT 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 #23-17 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 $502,480.00 for installation of storm drainage along the Mission Boulevard Trail from Old Wire Road to North Street, and further approves a project contingency in the amount of $100,000.00. 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. Page 1 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2023-422 Item ID 3/7/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/15/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends award of Bid 23-17 and authorization of a contract with Sweetser Construction, Inc. in the amount of $502,480.00 and approval of a $100,000 contingency for the installation of storm drainage for the Mission Blvd. Trail from Old Wire Road to North Street and approval of a budget adjustment. 4703.860.7302-5814.05 Account Number 46030.7302 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Trail Projects (2022 Bonds) Fund Trail Projects (Bonds) - Mission Blvd Corridor Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 5,093,777.00 $ 894,669.25 4,199,107.75 $ 602,480.00 3,596,627.75 Previous Ordinance or Resolution # Approval Date: V20221130 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division ENGINEERING (621) Adjustment Number 2023 /Org2 Requestor: Matt Mihalevich BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends award of Bid 23-17 and authorization of a contract with Sweetser Construction, Inc. in the amount of $502,480.00 and approval of a $100,000 contingency for the installation of storm drainage for the Mission Blvd. Trail from Old Wire Road to North Street and approval of a budget adjustment. COUNCIL DATE: 3/7/2023 ITEM ID#: 2023-422 Nolly Black 2/S/2023 7:47 Rln Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL - - v.2023117 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4703.860.7302-5814.05 502,480 - 46030 7302 EX Improvements - Trails 4703.860.7302-5911.99 100,000 - 46030 7302 EX Contingency - Capital Project 4703.860.7999-5899.00 (602,480) - 46030 7999 EX Unallocated - Budget \\city\dfs\Divs\Engineering\Trails\Projects\Mission Blvd Trail\Design\Storm Drainage\Old Wire to North Bid\City Council Bid Acceptance\2023-422 BA Sweetser - Mission Blvd. Storm Drainage 1 of 1 Douglas St Maple St v a N W S 7 / > I I Q Poplar St 1 Q Mille s'� Woodlands m 4Ash v � Syc more t o U m Gregory Park Q' New 12 foot wide Shared Use Paved Trail (South Side) Veterans ��°' a' Health Care ° Evelyn v Hills oSystem of the Ozarks Lake c Existing12 foot wide G� Shared -Use Paved Trail Niokaska Creek Trail �y To Razorback Greenway�airview Memorial Gardens Viewpoint Dr. 6 Q a `5 Q tr f Q c � > L U L C %on g1�d 3 ` o 1 No o Root m o Y Q 21C1 eryan`n Upgraded Crosswalks with North St NO h Str@@t Emerson Ln. akeside Dr. > Rush Dr. �L < Razorback- Mission Connector Jackson Dr. On -Street Bikeway (Complete) Woodlawn Dr. Prospect Street ec ..0 .r..er.r..r..r..r..r..r► _ Wilson Park ROPgc,4 Street > �rento'•�. I I I = New 10 foot wide Shared Use oa Blvd Q I ohhson Paved Trail (West Side) L > O Gunter St. c o' fu v a Maple St cn v Maple Street _ Washington: c U a, i > Lafayette St Q - 45 _m > N L Q E 1 Dickson St U Dickson St U �-7- Flashing Lights New Trail �a Crosswalk a �e �o a Legend Mission Blvd. Trail (2023 Construction) Existing Shared -Use Paved Trail Mission -Razorback Connector (Complete) Enhanced Crosswalks With Flashing Lights CITY OF FAYETTEVILLE Mission Blvd. Trail - 1.5 Miles January 2023 ARKANSAS 0 0.125 0.25 O. Mission -Razorback Connector Bikeway - 1.1 Mile Miles CITY OF FAYETTEVILLE ARKANS ARKANSAS BID TABULATION Bid 23-17, Construction - Mission Blvd. Storm Drainage DEADLINE: Tuesday, February 07, 2023 at 2:00 PM Certification of Funds: $650,000.00 ($812,500.00 total allowed) Total Sweetser Construction, Inc. Goodwin & Goodwin, Inc. Boyles Construction Co., Inc. NEC, Inc (N.E.C., Inc.) $502,048.00 $633,345.00 $654,272.00 $1,093,372.50 Description QTY UOM M Unit Extended Unit Extended Unit Extended L.Unit 1 Mobilization(Shal l Not exceed S%of Total Bid) Bonds and Insurance Construction Control (Staking) Trench Excavation and Safety 1 1 LS ULk- 14400.00 7 500.00 $14,400.00 $7,500.00 $25,000.00 $35,000.00 $25,000.00 $35,000.00 $30,000.06 $30,000.00 $26,000.00 $41,785.00 $46,060.00 $41,785.00 2 $26,000.00 $46,060.00 3 1 LS $6,000.00 $6,000.00 $15,000.00 $15,000.00 $20,000.00 $20,000.00 $18,278.00 $18,278.00 4 1 1 LS LS $10,000.00 25 000.00 $10,000.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 3 290.00 $3,290.00 5 Traffic Control $25,000.00 $65,000.00 $65,000.00 $28,000.00 $28,000.00 $73,469.00 $73,469.00 6 Erosion Control 1 LS $27,500.00 20000.00 $275.00 $27,500.00 $10,000.00 $10,000.00 $20,000.00 $20,000.00 9163.00 $9,163.00 7 8 Cleaning, Grubbing, Demolition T-Patch (Includes Concrete, Asphalt, and All Items) 1 100 LS Sy $20,000.00 20000.00 $20,000.00 $45,000.00 $45,000.00 $48,183.00 $48,183.00 $27,500.00 $225.00 $22,500.00 $325.00 $32,500.00 146.00 $14,600.00 9 Select Fill Placement (As Directed) 500 CY $44.00 $22,000.00 $30.00 $15,000.00 26.00 $13,000.00 $95.50 $47,750.00 10 Class 7 Base - Undercut and Stone Backfill 700 Ton $42.00 $29,400.00 WAN $28,000.00 $45.00 $31,500.00 $211.00 $147,700.00 11 Curb Gutter (Type D Square Face) 1700 LF 35.00 $59,500.00 $50.00 $85,000.00 35.00 $59,500.00 $45.00 $76,500.00 12 4' x 4' Reinforced Concrete Area Inlet (Junction Box Connections) 3 EA 6 000.00 $18,000.00 $8,000.00 $24,000.00 $6,075.00 $18,225.00 $6,277.00 $18,831.00 13 4' x 4' Reinforced Concrete Curb Inlet (Junction Box Connections) 5 EA $7,500.00 $37,500.00 $8,000.00 $40,000.00 6 075.00 $30,375.00 $6,277.00 $31,385.00 14 4' Dia. Reinforced Concrete Inlet (Junction Box Connections) 3 EA $7,000.00 $21,000.00 $6,500.00 $19,500.00 5 500.00 $16,500.00 $6,277.00 $18,831.00 15 8' x 4' x 9' Tall Reinforced Concrete Curb Inlet (Junction Box Connections) 1 EA 14 000.00 $14,000.00 $30,000.00 $30,000.00 $35,000.00 $35,000.00 $17,626.00 $17,626.00 16 4' x 4' Junction Box on Ex. RCP (Concrete Cutting Connections) 1 EA $6,500.00 $2,400.00 $6,500.00 6 0 00.00 $6,000.00 $7,000.00 $7,000.00 $6,294.00 $6,294.00 17 4' Curb Inlet Extension 1 EA $2,400.00 $4,000.00 $4,000.00 $6,500.00 $6,500.00 $1,900.00 $1,900.00 18 4' Wide Concrete Flume with Side Curbs 16 LF $70.00 $1,120.00 $300.00 $4,800.00 $200.00 $3,200.00 $629.50 $10,072.00 19 Trench Drain with Grate (All Items Per Detail) - Neenah R-3078, Type L-6 25 LF $350.00 $8,750.00 $725.00 $18,125.00 $500.00 $12,500.00 $1,162.00 $29,050.00 20 18" Flared End Section 1 EA $900.00 $900.00 $1,000.00 $1,000.00 $1,300.00 $1,100.00 $2,919.00 $2,919.00 21 18" Reinforced Concrete Pipe 526 LF 1 $118.00 $62,068.00 $120.00 $63,120.00 $172.00 $90,472.00 $115.50 $60,753.00 22 24" Flared End Section 1 EA $1,000.00 $1,000.00 $1,500.00 $1,500.00 $1,400.00 $1,400.00 $778.50 $778.50 23 24" Reinforced Concrete Pipe 370 LF $153.00 $56,610.00 $140.00 $51,800.00 $200.00 $741000.00 $873.50 $323,195.00 24 4' x 3' Reinforced Concrete Box Culvert 10 LF $1,400.00 $14,000.00 $1,000.00 $10,000.00 $850.00 $8,500.00 669.50 $6,695.00 25 Wing Walls for 4' x 3' Reinforced Concrete Box Culvert 20 LF 300.00 $6,000.00 $1,000.00 $20,000.00 $700.00 $14,000.00 $1,328.00 $26,560.00 26 Storm Sewerto Existing Junction Box (Includes Concrete Cutting Connections) 1 EA 1600.00 $1,600.00 $4,500.00 $4,500.00 $5,000.00 $"000.00 $6,213.00 $6,213.00 27 Connection of 24" RCP to Ex. 4' x 3' RCB (Includes Concrete Cutting Sea[) 1 EA 1 800.00 $1,800.00 $4,500.00 $4,500.00 $30,000.00 $10,000.001 $5,492.00 $5,492.00 iu. cio award is cammg ,upon vendor m-mg-,am-s cmcanons ana m-, aumorizanon oy­ Amanda Beilfuss Digitallysigned by Amanda Beilfuss Date: 2023.02.07 16:30:49-06'00' Amanda Beilfuss, Sr. Purchasing Agent Les McGaugh Digitally signed by Les McGaugh Date: 2023.02.0913:50:51-06-00' Les McGaugh, Purchasing Dir-r DOCUMENT 00500 - AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name(Title: MISSION BLVD. TRAIL STORM DRAINAGE (OLD WIRE RD TO LAKESIDE DR) Contract No.: 23-17, Construction— Mission Blvd. Storm Drainage THIS AGREEMENT is dated as of the 1 day of NWdA in the year 2023 by and between The City of Fayetteville, Arkansas and (hereinafter called Contractor). ARTICLE I - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work trader this Contract includes, but is not limited to: The project requires demolition, removal, and replacement of existing storm sewer inlets and pipe, curb and gutter, fencing, watertines, sidewalk and asphalt pavement. 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. 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 00500 Agreement 00500-1 DOCUMENT 00500 — AGREEMENT [continued) responsibilities, and has the rights and authority assigned to City of Fayetteville Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work shall be Substantially Completed within 120 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment in accordance with the GENERAL CONDITIONS within 150 calendar days after the date when the Contract Times commence to run. 3.03 LIB{ UIDATED 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 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 00500 Agreement 00500-2 DOCUMENT 00500 — AGREEMENT [continued) 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. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-3 DOCUMENT 00500 — AGREEMENT continued) 5.02 PROGRESS PAYMENTS. 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. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-4 DOCUMENT 00500 — AGREEMENT continued) 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated 00500 Agreement 00500-5 DOCUMENT 00500 — AGREEMENT [continued) in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. 00500 Agreement 00500-6 DOCUMENT 00500 — AGREEMENT continued) J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 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: Mission Blvd. Trail Storm Drainage (Old Wire Rd to Lakeside Dr.) 8. Addenda numbers inclusive. 00500 Agreement 00500-7 DOCUMENT 00500 — AGREEMENT [continued) 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. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 00500 Agreement 00500-8 DOCUMENT 00500 — AGREEMENT continued) 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.06 LIENS: A. 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 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. 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 00500 Agreement 00500-9 DOCUMENT 00500 — AGREEMENT ( continued) 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 [ a/'yY1 / , 20Z5 which is the Effective Date of the Agreement. CONTRACTOR: CITY OF FAYETTEVILLE B"LLIAM G. SWEETSER (Type ZI Y �) (Signature) PRESIDENI 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 fora 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) Attest 00500 Agreement 00500 - 11 raaeu DOCUMENT 00500 — AGREEMENT continued) Address for giving notices Address for giving notices 113 W. Mountain St. 590 W. POPLAR Fayetteville, AR 72701 FAYETTE—VULLE, AR 72 003 ARKANSAS CONTRACTORS LICENSE # License No. 0097470493 Agent for Service of process WILLIAM G. SWEETSER (Type or legiply print) (Signature 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.) Approved As to Form: By: Attorney For: END OF DOCUMENT 00500 00500 Agreement 00500 - 12 CITY OF -� FAYETTEVILLE ARKANSA Bid 23-17 Addendum 2 Sweetser Construction, Inc. Sweetser Construction, Inc. Supplier Response Event Information Number: Bid 23-17 Addendum 2 Title: Construction - Mission Blvd. Storm Drainage Type: Invitation to Bid Issue Date: 1 /8/2023 Deadline: 2/7/2023 02:00 PM (CT) Notes: The City of Fayetteville is accepting sealed bids from properly licensed firms for the Mission Blvd. Storm Drainage project. This project includes, but is not limited to demolition, removal, and replacement of existing storm sewer inlets and pipe, curb and gutter, fencing, waterlines, sidewalk, and asphalt pavement from Old Wire Rd. to Lakeside Dr. Questions should be addressed to Amanda Beilfuss, Sr. Purchasing Agent at abeilfuss@fayetteville-ar.gov Contact Information Contact: Amanda Beilfuss Sr. Purchasing Agent Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 4 pages Vendor: Sweetser Construction, Inc. Bid 23-17 Addendum 2 Sweetser Construction, Inc. Information Contact: Charlie Miller Address: 590 West Poplar Fayetteville, AR 72753 Phone: (479) 443-3026 Fax: (479) 442-0119 Email: charlie@sweetserconstruction.com By submitting your response, you certify that you are authorized to represent and bind your company. Charles W. Miller Signature Submitted at 2/7/2023 11:19:36 AM (CT) Requested Attachments Bid 23-17, Required Signature Forms charlie@sweetserconstruction.com Email SSweetser C23020710210.pdf Please attach your completed forms. These documents can be found in the Project Manual, or as a convenience file in the 'Attachments' tab titled "File #00". Bid 23-17, Bid Bond SSweetser C23020710220.pdf Please attach a signed and completed copy of your bid bond. Bid bonds in the form of a cashier's check shall be delivered to City Hall, Purchasing Division before bid deadline and have a copy of the cashier's check uploaded. Bid Attributes 1 1 Arkansas Secretary of State Filing Number: 100049983 2 1 Arkansas Contractor License Number: 27470423 3 1 Check Yes or No: 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, 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. 0 Yes (Yes) ❑ No (No) Bid Lines 1 Mobilization (Shall Not exceed 5% of Total Bid) Quantity: 1 UOM: Lump Sum Price: F $14,400.00 1 Total: $14,400.00 2 Bonds and Insurance Quantity: 1 UOM: Lump Sum Price: $7,500.00 Total: $7,500.00 Page 2 of 4 pages Vendor: Sweetser Construction, Inc. Bid 23-17 Addendum 2 3 Construction Control (Staking) Quantity: 1 UOM: Lump Sum Price: $6,000.00 Total: $6,000.00 4 Trench Excavation and Safety Quantity: 1 UOM: Lump Sum Price: $10,000.00 Total: $10,000.00 5 Traffic Control Quantity: 1 UOM: Lump Sum Price: F $25,000.00 1 Total: $25,000.00 6 Erosion Control Quantity: 1 UOM: Lump Sum Price: $27,500.00 Total: $27,500.00 7 Cleaning, Grubbing, & Demolition Quantity: 1 UOM: Lump Sum Price: $20,000.00 Total: $20,000.00 8 T-Patch (Includes Concrete, Asphalt, and All Items) Quantity: 100 UOM: Square Yard Price: $275.00 Total: $27,500.00 1 4' Wide Concrete Flume with Side Curbs 8 Quantity: 16 UOM: Linear Foot Price: $70.00 Total: $1,120.00 Page 3 of 4 pages Vendor: Sweetser Construction, Inc. Bid 23-17 Addendum 2 2 Storm Sewer to Existing Junction Box (Includes Concrete Cutting & Connections) 6 Quantity: 1 UOM: Each Price: 1 $1,600.00 1 Total: $1,600.00 2 Connection of 24" RCP to Ex. 4' x 3' RCB (Includes Concrete Cutting & Seal) 7 Quantity: 1 UOM: Each Price: 1 $1,800.00 Total: $1,800.00 Response Total: $502,048.00 Page 4 of 4 pages Vendor: Sweetser Construction, Inc. Bid 23-17 Addendum 2 BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 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 The 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 Bid 23-17 Construction -Mission Blvd. Storm Drainage Fayetteville AR ("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 7th day of February, 2023. Sweetser Construction Inc. (Pri ipal) By. Illiam S ets Travelers Casualty and Surety Company of America David Chilson, Attorney -in -Fact Travelers Casualty and Surety Company of America 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 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(s)-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 21st day of April, 2021. e�rri, �a�tx.tran State of Connecticut By: -- City of Hartford ss. Robert L. Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 pus�i� Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, 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 each of the Companies, 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 7th day of February , 2023 Cam^' r Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880, Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this PowerofAttorney is attached. DOCUMENT 0400-BID FORM Contract Name: MISSION BLVD. STORM DRAINAGE - OLD WIRE RD. TO LAKESIDE DR. Bid Number: 23-17, CONSTRUCTION - MISSION BLVD. STORM DRAINAGE BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: SWEETSER CONSTRUCTI - C YE TE- E, A R 7-2702- ARTICLE 1- INTENT 1.01 The undersigned Bidder proposes an agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2- TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 0400-Bid Form 00400-1 DOCUMENT 0400-BID FORM continued) ARTICLE 3- BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date o� 3 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, 0400-Bid Form 00400-2 DOCUMENT 0400-BID FORM continued ARTICLE 5- CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6- BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a cashier's check from a bank located in the State of Arkansas or a Bid Bond in the amount of 0 _Dollars ($ a B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. ARTICLE 7- COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: Email Phone No. j—4-y3— 3Oa Fax No. 4 '7 9 4qj — v 1 f 9 ia0-), COM 0400-Bid Form 00400-7 DOCUMENT 0400-BID FORM continued ARTICLE 8- TERAHNOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. Arkansas State Contractor License No. ARKANSAS CONTRACTORS LICENSE0027.470423 If Bidder is: An Individual Name (type or printed): By: Doing business as:_ Business address: Phone No: Email Address: A Partnership Partnership Name By: (Individual's Signature) Fax No. (SEAL) (SEAL) (Signature of general partner -attach evidence of authority to sign) Name (type or printed): Business address: Phone No: Fax No. Email Address: 0400-Bid Form 00400-8 DOCUMENT 0400-BID FORM (continued A CgMoration or LLC Corporation Name : SWEETSER CONSTRUCTION INC(SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): el M (Signature of general partner -attach evidence of authority to sign) Name (type or printed): WILLIAM G. SWI EMER Title: (CORPORATE SEAL) Attest: (Signature of Corporate Secretary) Business address: If) 3 Phone No: Cf '7 9 -1fq-33(? <� Fax No.� Email Address: j, �n � 1;� �? =, '0a-e- szr C-oN.sfrue-f; oa. C ®M Tax ID Number (TIN) DUNS # Cage Code:_ END OF DOCUMENT 00400 0400-Bid Form 00400-9 DOCUMENT 00430 — LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: MISSION BLVD. TRAIL STORM DRAINAGE (OLD WIRE RD TO LAKESIDE DR) Bidder certifies that all Subcontractors listed are eliOle to perform the Work. Subcontractor's Work Subcontractor', Name Expected Percentage and Address or Value Clearing/Demolition SWPPP/Erosion Control Asphalt Concrete Landscaping Material Testing Other (designate) NOTE: This form must be submitted in accordance W tk the Jdstructions to Bidders. END OF DOCUMENT 00430 00430-List of Subcontractors 00430-1 DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT: Contract Name: MISSION BLVD. STORM DRAINAGE INSTALLATION Bid #: 23-17, Construction - Mission Blvd. Storm Drainage Date: ,2-d cZ SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: r✓ Company 2 c-A"Se v, �_r_,iv..5 T ►' i)C----; „0� Aic-, Name Address e f Pryllk Principal Office )g o JA Pam--_ Corporation, partnership, individual, joint venture, other C. r & Arkansas State General Contractor's License Number ARKANSAS CONTRACTORS LICENSE # \ 9- o� (Type or legibly print) EXPERIENCE STATEMENT S 1. Bidder has been engaged as a �eneC ral Contractor in construction for years and has performed work of the nature and magnitude of this Contract for years. Bidder has been in business under its present name for years. 2. Bidder now has the following bonded projects under contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and estimated completion date.) 00140-Bidder Qualifications 00140 -1 DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT: CONTINUED 3. Bidder has completed the following (list minimum of 3) contracts consisting of work similar to that proposed by this Contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and date of completion and percentage of the cost of the Work performed with Bidder's own forces.) 4. Has Bidder ever failed to complete any project? If so, state when, where, and why. 5. Bidder normally performs the following work with his own forces: 6. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): 7. L In the event the Contract is awarded to Bidder, the required surety Bonds will be furnished by the following surety company and name and address of agent: 8. Bidder's Workmen's Compensation Experience Modifier Factor is: 00140-Bidder Qualifications 00140 — 2 DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT: CONTINUED FINANCIAL STATEMENT A. If requested by the City of Fayetteville during the evaluation of bids the bidder shall provide to the City of Fayetteville the following additional information: Bidder possesses adequate financial resources as indicated by the following: 1. Assets and Liabilities: Attach a financial statement, audited if available, including Bidder's latest balance sheet and income statements showing the following items: a. Current assets (cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses). b. Net fixed assets. c. Other assets. d. Current liabilities (accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes). e. Other liabilities (capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). f. Name of firm preparing financial statement and date thereof: If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgements are outstanding against Bidder: Judgment Creditors Where Docketed and Date Amount a. b. 00140-Bidder Qualifications 00140 — 3 DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT: CONTINUED Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: /1.419-3-3 2023 (OFFICIAL SEAL) Name ofALo VVNV VV loN, INC_ By I/.r g LLMBA G. 3WEET8ER (Type or legibly print) By WILLIAM G. SWE,ETSER (Signature) Title ESERNT (Type or legibly print) (If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature of a duly -authorized officer and with the corporate seal affixed.) END OF DOCUMENT 00140 00140-Bidder Qualifications 00140-4 STATEMENT OF BIDDER'S QUALIFICATION WILLIAM G SWEETSER 39 YEARS CHARLES MILLER 34 YEARS KENDALL WILSON 29 YEARS (JUNE 2022) PG 1 STATEMENT OF BIDDER'S QUALIFICATION CONTRACTS ON HAND NAME DRP HOLDINGS SUMMERFIELD PHASE 2 CITY OF FAYETTEVILLE MISSION TRAIL CITY OF FAYETTEVILLE WILSON PARK BRIDGE ENGINEER (JUNE 2022) PG 1 ANTICIPATED CONTRACT COMPLETION 4,794,950.08 JUNE 2023. 535,029.00 DEC 2022. 362,283.00 DEC 2022. STATEMENT OF BIDDER'S QUALIFICATION SIMILAR CONSTRUCTION (JUNE 2022.) PG 1 NAME ENGINEER AMOUNT COMPLETE AHTD 3,444,037.13 NOV 2014. HWY 112 / GARLAND EMERY SAPP 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-STUBBLEFIELD 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 JULY 2016. HOLLAND CROSSING COMMERCE CONSTRUCTION 1097000.00 JULY 2016. ADVENTURESUBARU (CONTINUED PAGE 2) SIMILAR CONSTRUCTION NAME ENGINEER AMOUNT (JUNE 2022.) PG 2 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 NAME Z NEIDERMAN CURTIS AVE CITY OF SPRINGDALE MAPLE ST CITY OF FARMINGTON ASH STREET CITY OF FAYETTEVILLE STEAMBOAT CITY OF FAYETTEVILLE GULLEY PARK DRP HOLDINGS SUMMERFIELD PHASE 1 GINEER (JUNE 2022.) PG 3 AMOUNT COMPLETE 34755.00 MAR 2020. 1,893,202.35 DEC 2020. 57337.00 SEP 2020. 340,925.00 JUNE 2021. 439,182.60 JUNE 2021. 5,404,657.05 JUNE 2022. Sweetser Construction, INC-Change Order No. 1 City of Fayetteville Staff Review Form 2023-1146 Item ID N/A ARCHIVED City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Matt Mihalevich 11/14/2023 ENGINEERING (621) Submitted By Submitted Date Division/Department Action Recommendation: Staff requests approval of Change Order#1 with Sweetser Construction, Inc.to increase the original contract amount of$502,480 by$99,984.00 resulting in a new contract amount of$602,464.00 and approval of a budget adjustment for additional storm water and curb work. The contract with Sweetser Construction, Inc.was approved by resolution 50-23 with $100,000 in contingency so this request is within the City Council approved project contingency. Budget Impact: 4703.860.7302-5814.05 Trails Projects 2022 Bonds Account Number Fund 46030.7302 Mission Boulevard Corridor Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 1,140,595.00 Expenses (Actual+Encum) $ 1,031,241.52 Available Budget $ 109,353.48 Does item have a direct cost? Yes Item Cost $ 99,984.00 Is a Budget Adjustment attached? Yes Budget Adjustment Remaining Budget 9,369.48 V20221130 Purchase Order Number: 2023-00000479 Previous Ordinance or Resolution# 50-23 Change Order Number: Approval Date: 11/22/2023 Original Contract Number: 2023-00000016 Comments: I CITY OF FAYETTEVILLE STAFF MEMO ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton. Chief of Staff Chris Brown, Director of Public Works/City Engineer FROM: Matt Mihalevich, Active Transportation Manager DATE: 11/14/2023 SUBJECT: 2023-1146— Change Order#1 with Sweetser Construction for additional work on the Mission Blvd. Trail. RECOMMENDATION: Staff requests approval of Change Order#1 with Sweetser Construction, Inc. to increase the original contract amount of$502,480 by $99,984.00 resulting in a new contract amount of $602,464.00 and approval of a budget adjustment for additional storm water and curb work. The contract with Sweetser Construction. Inc. was approved by resolution 50-23 with $100.000 in contingency so this request is within the City Council approved project contingency. BACKGROUND: On March 15t, 2022 resolution 50-23 approved a contract with Sweetser Construction, Inc. to construct the stormwater and curb on the Mission Blvd. Trail using 2019 trail bond funds. Construction of the 1.5-mile long trail from Viewpoint Drive to Maple Street has been divided into phases for constructability. DISCUSSION: This change order will allow Sweetser Construction to complete storm water and curb work between stations 129+00 and 134+00 extending from Old Wire east toward Root School. This work that increase progress on the Mission Blvd. Trail beyond the first phase and allow the in- house trail construction crew to increase production and place trail in this area. BUDGET/STAFF IMPACT: The $100,000 contingency funds allocated from the 2019 trail bond will cover the change order cost of$99,984. Attachments: Budget Adjustment Sweetser Construction — Change Order#1 - Signed by Billy Sweetser 11-14-23 Purchase Order 2023-00000479 with change order mark-up Resolution 50-23 Mission Blvd. Trail Map Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 cn City of Fayetteville CO City of Fayetteville PURCHASE ORDER = 125 W Mountain F 113 W Mountain St NO. 2023-00000479 -13 Fayetteville, AR 72701 FAYETTEVILLE, AR 72701 O 0 DATE 05/03/2023 VENDOR 56870 Sweetser Construction. Inc. DELIVER BY C) Sweetser Construction. Inc. SHIP VIA O ' FREIGHT TERMS 1 590 West Poplar FAYETTEVILLE —I Fayetteville. AR 72703 �P ARKANSAS ORIGINATOR Matthew Mihalevich RESOLUTION # 50-23 C) PAYMENT TERMS 30 QUANTITY U/M DESCRIPTION UNIT COST TOTAL COST 1.0000 Each Construction-Streets,Sidewalks,Utilities-Resolution 50-23,Bid 23-17 $502,480.0000 S502.480.00 Sweetser Construction Mission Blvd. 4703.860.7302-5814.05(Improvements Trails) $502,480.00 46030.7302(Trail Projects(2019 Bonds).Mission Boulevard Corridor) Change Order#1 - Please add line item B for contract 2023-00000016 for the increase amount by $99,984 using GL account number 4703.860.7302-5911.99 - Contingency Capital Project and project number 46030.7302 SUBTOTAL $502.480.00 /kriA SALES TAX $0.00 PAGE 1 OF 1 TOTAL DUE $502.480.00 APPROVED BY SPECIAL INSTRUCTIONS Per Res#50-23 Bid #23-17 Contract#2023-00000016 It 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Resolution: 50-23 File Number: 2023-422 BID#23-17 SWEETSER CONSTRUCTION, INC.-2019 TRAIL IMPROVEMENT BOND PROJECT: A RESOLUTION TO AWARD BID #23-17 AND AUTHORIZE A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $502.480.00 FOR INSTALLATION OF STORM DRAINAGE ALONG THE MISSION BOULEVARD TRAIL, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF S100,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRAIL IMPROVEMENT BOND PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section I: That the City Council of the City of Fayetteville.Arkansas hereby awards Bid#23-17 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$502,480.00 for installation of storm drainage along the Mission Boulevard Trail from Old Wire Road to North Street.and further approves a project contingency in the amount of S 100.000.00. 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 March 7.2023 Approve Attest: • G\, K /• rR��i�� 2U• s ‘-e/_ Li el Jordan. ay Kara Paxton.City Cle Treasurer ^ :FAyt.r I r • " ‘.40. l'ANF.,?'-.. kr'••• �••! . st.r Page 1 „ (7.! ; (•r'� VI. ,L j co N �_ N Y O r:;) F- --- - _. N y - aoi m - CV In,0 3 _ u, 0 Q 3 rn O m m o > m E cn _ co a _cas � o oa, CU v c `m _ N U V s N to 0 c > O C — N ` -a L O» c • ul cp .0 VJ O iA N ; JQ 7UIOdMaI To L O -O O �'O w L , 3 > O co y C .N > 113 C L t .� J > �C O x l9O C (� ° c c13 cpd. w � U wa 20 w N Y v I I U r o 0 d'oJ , O m o (U I m M .o 9wad I ' - U v any pun; wPr, N � .0 �+. Z0 n Q � ea N N 3 any eapeyo ( O CO CO = 'd LO N YCe d .” `1 O rn Z• FO0 0 m cK °dv. 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N � I'-"- --any a5a _J a . .aa o_ any uosnnnoSra-� M ~` 5a {.P 9 any 6 aL. r-� "sc s FM as /'t V7 .."".. ........ g!)i ..._ cr VIL �eMuaaa� �{oegao22 "�� �, / �, w j �� a 1 any 3laiaAe, g I City of Fayetteville,Arkansas- Budget Adjustment Form Budget Year Division Adjustment Number /Org2 ENGINEERING(621) 2023 Requestor: Matt Mihalevich BUDGET ADJUSTMENT DESCRIPTION/JUSTIFICATION: This Budget Adjustment is necessary to move$100,000 from Contingency-Capital Project to Trail Improvements to be used for Change Order#1 with Sweetser Construction, Inc.to increase the original contract amount of$502,480 by $99,984.00 resulting in a new contract amount of$602,464.00 for additional storm water and curb work. The contract with Sweetser Construction, Inc.was approved by resolution 50-23 with$100,000 in contingency so this request is within the City Council approved project contingency. REQUEST DATE: 11/14/2023 • 7'r - 11-14-23 Active Transportation Manager Date Department Director Date Budget Division Date TYPE: Chief Financial Officer Date JOURNAL#: GLDATE: Chief of Staff Date CHKD/POSTED: TOTAL - - v.20231113 Increase/(Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4703.860.7302-5911.99 (99,984) - 46030 7302 EX Contingency-Capital Project 4703.860.7302-5814.05 99,984 46030 7302 EX Improvements-Trails \\city\dfs\Divs\Engineering\Trails\Projects\Mission Blvd Trail\Sweetser Construction\Poy Apps\Non-Agenda Change Order\2023- 1146 BA-Sweetser Change Order#1 1 of 1 88 88 8 8 8 8 888 8 4 , 443 DrEiialE ,Wagas S g g g § 8 t p�'of /��\ • IA s N1 I Z‘ K �• 8 8 8 $ 8 8 8 8 8 8 8 t i N 5 N N '4 04 ^ N f 9 �N�pp N a t V N H N N N H K N ill 3 \ IA w eo . i+7 4 ii 88 88 8 8 8 8 888r:i S z .a • 8 $ p N .p ^g n ry H H : z ,O P l^ N a r� N H H . H H N N i bii i t p \. 111 ,;.- . „ ^ C O 8 8 8 0 $_ Al (V C G) C1i p_- .r V1 OC Vf N !� ? 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