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HomeMy WebLinkAbout123-98 RESOLUTION- • RESOLUTION Na t 7 3- 9 8 A RESOLUTION AWARDING BID NO. 98-68 IN THE AMOUNT OF $152,983, PLUS A PROJECT CONTINGENCY AMOUNT OF $15,298, TO JOHN P. MARINONI CONSTRUCTION COMPANY, INC., FOR CONSTRUCTION OF AN OFF-LOADING FACILITY FOR THE SOLID WASTE DIVISION; AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS - Section L That the City Council hereby Bid No. 98-68, in the amount of $152,983, plus a project contingency of $15,298, to John P. Mannon Construction Company, Inc., for construction of a off-loading facility, for the solid waste division; and authorizes the Mayor and City Clerk to execute said contract. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 9 The City Council hereby approves a budget adjustment in the amount of $127,500 increasing Solid Waste Improvements, Acct. No. 5500 5060 5816 00, Project 98053 1, in the amount $97,500; Transfer to Solid Waste Fund, Acct. No. 4470 9470 7602 50, in the amount of $30,000; and Transfer from Sales Tax Cap., Acct. No. 550 0950 6602 47, in the amount of $30,000 by decreasing Solid Waste Improvements, Acct. No. 4470 9470 5816 00, Project No. 97083 1, in the amount of $57,130; Solid Waste Improvements, Acct. No. 4470 9470 5816 00, Project 97034 1, in the amount of $30,000; and Use of Fund Balance, Acct. No. 5500 0950 4999, in the amount of $40,370. A copy of the budget adjustment is attached hereto and made a part hereof. er.•P.ASSED AND APPROVED this 1:52L day of September , 1998. �.. • .• 4,r 4. ncc: 'tr, °�7kT�;,1' By: i Heather Woodruff, City APPROVE By: Fed Hanna, Mayor 4') STAFF REVIEW FORM XX AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Council meeting of September 15. 1998 t FROM: Cheryl Zotti Name Solid Waste Public Works Division Department ACTION REQUESTED: Staff request approval of the lowest qualified bidder for the construction of aq off-loading f'ac}'li y for the golid,Waste Division. Please see attached memorandum. ��ut4 r+%j 4 SCf 04411:6404 is 4M4d uflo COST TO CITY: AWS)) 1 Cost of this request S 98.000 Solid waste Improvements Category/Project Budget Category/Project NAME 5500-5060-5816.00 0 Account Number 98053 Project Number BUDGET REVIEW: X j r, Budgeted Item Recycling Funds Used to Date Program Name 98,000* Solid Waste Remaining balance Fund *A budget adjustment will increase this amount after the bid closes. Bud et , ust nt 1,t ac ed �� �, .� Lct lid n l''�� ckgr A. h 5:>Lstvtc.¢w: �o (A Aistrative Services Director CONTRACT/GRANT/LEASE REVIEW: i. a ?vLI Acountingan Ci C y Atibrney Purchasing Officer SW 14 Date Date 3DA Coordinator ate ee + r E� Ce t �O� GRANT AGENCY: 13-v R8 Date STAFF RECOMMENDATION: 8 t8--,$ Date Zoete Dae x/gp4tao 19% Date Cross Reference New Item: Yes No Prev Ord/Res #: Orig Contract Date: t4 CITY OF FAYET:EVILLE BID ATTENDANCE SHEET BID NO. ?I, 7 f COMMODITY CA--7r� et/SC/-72 2. v2-, ✓Li ter, Air DATE: TIME: ?OMPANY 5l'cE/.7 Fe CoA 3.7- iti,2:6 3 )74 td 6 �mla3 I 11. 12. VA kJ T 1 TITL$ fi�Zyi1 .t's Y K?� C._ e• -LI rc5! • CITY OF FAYETTEVILLE BID ATTENDANCE SHEET BID NO. 91h COflIOD I TY tiaStZ 1.E//i4S6sE 2. sir ✓11 i 4 Ch u OIL. --A& 62 m04 C Ma - 7 - J 11 8. 1 l`A-Z lc t bi4 ", 9. U V� 10. 11. 12. (Li�Ci Cc c -7-2L se DATE: ///cf/ //,1901 TIME: 5ilcE�SF� CCA d7S r(1( - TITLE - 7 CL,. 1.< W 7 n m -g fo m 5 N 7 — 4-4 10 11 0 N 3 0CI N 90 d H :P01.100 pOIMI90 'Mathematical Error Corrected by Engineer TOTAL BID, Accepting Ded. Alt. No. 1 40 A O O • co go a O m a_ 3 s0 o 0 A 5 c n N a a. 9 d CD Q Qs m Q 0 d R 2- & a u0 0 Cf N H 2 0 Co 0 0 0 alb 1Hlol ✓ r- e '0'V C c 3 3 -iQ N 0 • o o a Co m • mco4 cn 3 0 0 0 a 1 a t -I m po a D0 r v 3 w Qa • p o 0 o coco C - J 9 0 m O C ✓ n a m co. a • di 5, • § d Z a a O a m '- m o R N C N 4, ✓ O N J O 8 V w 0 W 0 ala ivlol M OI N CO O w 0 N o O 0 CO o w O o 0 8 O N O N O O 0 0 1 Q 1¢ g :E A g @ g a- 1 Y c C z O 0 Z 71 71 O A o -i rap ET1M-I Z1 1a F==m zreZO mnGa�$m cn D n§< ✓ �'� D rn m r<cn z M N Nim O W CO CO CO CO CO r. 7oa11o0 pa1.1i1190 'Mathematical Error Corrected by Engineer TOTAL BID, Accepting Ded. Alt. No. 1 k k 0 40 COfan0 93 • CO u3 \o k} k\ §/ kk co/ Ole id101 U \ 8a co C4 0 cn ) §8 E 2 TOTAL BID, Accepting Ded. Alt. No. 1 & 0 E 018 lt/lol 23. F, A co 40 ea CO ( -a -00 0 CO 00 EE E2 • 'ON SNVld 4110 la co cn 44 % 0 (13 6-4 o co {E 44 $ C 0o 1 PLANS DATED: AUGUST, 1998 (0 ■ $ • i AGREEMENT THIS AGREEMENT is dated as of the "A:r/it tee i4 day of 01 in the year 19 c.5 by and between the City of Fayetteville, Arkansas (hereinafter called OWNER) and John P. Marinoni Construction Company, Inc., of Springdale, AR (hereinafter called CONTRACTOR). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Recycling Center Improvements; Off -Loading Facilities, and all associated items, which consists of all items as set out in the Bid (City of Fayetteville Bid No. 98-68), and these Plans and Specifications No. Fy-280, dated August, 1998, including all work required for a complete installation. Article 2. ENGINEER The Project has been designed by McGoodwin, Williams and Yates, Inc., who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents Article 3. CONTRACT TIMES 3.1 The Work will be substantially completed and in service within seventy-five (75) days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within ninety (90) days after the date when the Contract Times commence to run. These Contract Times include delays for normal (average) weather-related events, such as rain, snow, and freezing temperatures which may affect the progress of the construction in the following amounts on a per -month basis as hereinafter set out. Only weather-related delays in excess of these amounts will be considered for time extensions, if requested by the Contractor. 6-1 a CT N N 0 um 0 0 1 The Contractor shall include within the Contract Times the respective number of days (as shown above for each month during the Contract) for normal weather-related events which may cause delays in the progress of the Work, and place a sufficient work force on the project to ensure completion of the Work within the Contract Times. Days Included in Contract Times for Normal Weather -Related Events (On A Monthly Basis) January 11 February 9 March 8 April 8 May 8 June 8 July 5 August 6 September 6 October 6 November 6 December 9 q 3 2 Liquidated Damages. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in paragraph 31 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner two hundred fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3 1 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 3.1 for completion and readiness for final payment or any proper extension thereof granted by Owner, Contractor shall pay Owner two hundred fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds for the performance of the Contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, for unit and lump sum prices in the Bid, the total sum being One Hundred Fifty -Two Thousand Nine Hundred Eighty -Three and no/100 ($152,983.00 ). (use words) (figures) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by 6-2 m 1 r a a 1 1 1 1 a a 1 a a 1 a 1 1 • 1 Engineer as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11 9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.1 Progress Payments; Retainage. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on the last Friday of each month during construction as provided in paragraphs 5.1 1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, Tess the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 95% of the Work completed. 100% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 14.13. Article 6. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 6-3 0 11111 6.1 Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 7) and the other related data identified in the Bidding illDocuments including "technical data." 6.2 Contractor has visited the site and become familiar with and is satisfied as to the PI general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. rn 6.3 Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. PIN 6.4 Contractor has carefully studied all 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 (except N Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.21 of the General Conditions. Contractor accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which 11111 Contractor is entitled to rely as provided in paragraph 4.2 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that 1111 Owner 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. Contractor has obtained and carefully 11111 studied (or assumes responsibility for 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 OM which may affect cost, progress, performance or 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 us thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the 1 other terms and conditions of the Contract Documents 6.5 Contractor is aware of the general nature of Work to be performed by Owner and MIothers at the site that relates to the Work as indicated in the Contract Documents. 6.6 Contractor has correlated the information known to Contractor, information and 11.1 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. IIII 6 7 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, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11111 111111 6-4 • 1 • • 1 u 1 1 • 1 Article 7. CONTRACT DOCUMENTS • The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement. 7.3 Performance, Payment and other Bonds. 7.4 Notice to Proceed. 7.5 General Conditions. 7.6 Supplementary Conditions. 7.7 Specifications consisting of divisions and sections as listed in the Table of Contents. 7.8 Drawings consisting of three sheets. 7.9 Addenda numbers 1 to 2 , inclusive. 7.10 Contractor's bid. 7.11 Documentation submitted by Contractor prior to Notice of Award. 7.12 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 paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions Article 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2 The Contractor and all Subcontractors shall pay not Tess than the minimum prevailing hourly wage rates as found by the Arkansas Department of Labor or as determined by the Court on appeal to all workmen performing work under the Contract. 6-5 r - 2 1 } 8.3 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. 8.4 Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.5 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 Owner 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. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. One counterpart each has been delivered to Owner, Contractor and Engineer. All portions of the Contract Documents have been signed, initialed or identified by Owner and Contractor or identified by Engineer on their behalf. This Agreement will be effective on nit /ST , 19 52 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: City of Fayetteville, Arkansas John P. Marinoni Construction Co. By: tvid Attest Fr'ed Hanna, Mayor [Corporate Seal] H -ether Inman Woodruff, Address for Giving Notices 113 West Mountain Street !- "'erk Fayetteville, Arkansas 72701 6-6 Inc. By (%LI John P. Marinoni, �^h r an of the Board [Corporate Seal] Attes • pora e ecre ary Address for Giving Notices 5204 S. Thompson, Unit F Springdale, Arkansas 72764 BID Recycling Center Improvements OFF-LOADING FACILITIES For the City of Fayetteville, Arkansas Plans No. Fy-280 Dated August, 1998 City of Fayetteville Purchasing Office, City Hall 113 West Mountain Street Fayetteville, Arkansas 72701 To Mayor Hanna and the City Council: 1. The undersigned Bidder proposes and 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 Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or 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 sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within fifteen days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, that: a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) Date Number August 28, 1998 1 August 31, 1998 2 and such addenda are attached to the Bid. 5-1 r• 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • r-.,,..,_:,-+ 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 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 (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.21 of the General Conditions. Bidder accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which Bidder is entitled to rely as provided in paragraph 4.2 of the General Conditions. 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 Bidding Documents with respect to Underground Facilities at or contiguous to the site. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or 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 or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. e) Bidder is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. f) Bidder has correlated the information known to Bidder, 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. Bidder has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not g) 5-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 4. The following documents are attached to and made a condition of this Bid. Required Bid Security in the form of bid bond or certified or cashier's check for 5 percent of amount bid �$ 5% 5. The Bidder will complete the Work for the following unit and lump sum prices: Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 1. Lump Sum Off -Loading Facility, including reinforced concrete, concrete paving, earthwork, cleanup and seeding, and all other work, complete in place One Hundred Fifty -Two Thousand 152,883.00 Eight Hundred Eighty -Three ani no/100 dollars $ Dollar Amountwritten in Word* fin Figured 2. Lump Sum Trench or Safety Excavation System, as required by Act 291 of the 1993 Arkansas General Assembly One Hundred and no/100 dollars 100.00 TOTAL BID $ 152,983.00 DEDUCTIVE ALTERNATE NO. 1 The Owner reserves the right to accept the following Deductive Alternate if found necessary to reduce the Contract Amount so as to be within the monies available for the project or for other reasons found to be in the Owner's best interest. Bid Item 1. Deduct the Guardrail and Guardrail Posts, and Cable and Post Assemblies including the Galvanized Cable. Total, Deductive Alternate No. 1 $ 7,374.00 TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. 1 $ 5-3 NOT ACCEPTED • 5. (continued) The contract, if awarded, will be based on the lowest bid accepted by the City of Fayetteville, Arkansas. Unit prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. Bidder acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit and lump sum prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. 6. The Bidder agrees that the Work will be substantially complete within 75 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 90 calendar days after the date when the Contract Times commence to run. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 7. Communications concerning this Bid shall be addressed to the address of Bidder indicatec below. 8. Terms used in this Bid which are defined in the General Conditions or Instructions wil have the meanings indicated in the General Conditions or Instructions. Submitted this 1st day of September Attest /s/ Betty F. Marinoni (Seal, if bid is by corporation.) Arkansas License No. 0033500498 5-4 19 98 Respectfully submitted, John P. Marinoni Construction Co.,Ir (Firm Name) By /s/ John P. Marinoni Title Chairman of the Board 5204 S. Thompson, Unit F Springdale, Arkansas 72764 (Business Address & Zip Code) Pi • INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS: The Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the state who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half of one percent of the prime contractor's total Bid. The Bidder shall also list below the portion of the work which will be done by each subcontractor under this Contract. Failure to comply with this requirement will render the Bid nonresponsive and may cause its rejection. Subcontractor Percent License of Total Work to be Performed Number Contract Subcontractor's Name & Address 1 Dirt Work 0036050699 10% Don Brick Excavation 2520 Perry Road Rogers, Arkansas 72756 2. 3. 4. 5. 6. 7. Note: Attach additional sheets if required. 5-5 1 1 1 1 1 1 1 1 1 1 { 1 1 1 4 1 Instructions to Bidders nlIG3/4111 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1) Name of Bidder. Sim. Ktt-p-IC RED 2) Permanent main office address. 52 Oq .S. Y 0Aw•fis+ , , Sp -:.1d. tc, 074 7zl(oY 3) When organized. 7€4 H e It7G 4) If a corporation, where incorporated. 4'6<a -43a+ 5) How many years have you been engaged in the contracting business under your present firm or trade name? Z Z yep 6) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) Se r 4 rr4 t a. e 7) General character of work performed by your company. ire Q7'°c4' 8) Have you ever failed to complete any work awarded to you? N ° 9) Have you ever defaulted on a contract? If so, where and why? '" u 10) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed.,lee a rra 4e1 11) List your major equipment available for this contract)/ "i-inc u Ne e , d.3 : e the s/J Y..- cc s , t1149. -cola -te ,Q.f&-, , etc. Lena Nein, 12) Experience in construction similar in size to this project, along with project owners and engineers. Qom -4 34 S4-rQyy a•vo, este .,s:.., -60-4x? 8 olro:na�e i„vale. e�t�✓as�•�ic0OLi/oe a/eLway.rcu ee We1 tale C:f,. Fa e7° a, /e— ) 13) Ba2kground and experience of the principal members of your organization, including the officers. See affa,ke.1 14) Credit available: $ Set) K 15) Give bank reference: M e n -f// L7n. c G, 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? Dated at Fa-iCite LIHIes se this day of. t/ la 10c� , 19�. 2-2 • Name of Organization: c.)0F.0J *• O t iii NOS i CO NS Instructions to Bidders By JH ^1 iiil(` iNio Mi 11/11 Title PkR'(tl(tf T� t`D State ofR�r`}1�SS ) NMCounty of (j>R%-4111))1/41 ) tEN —P, iY1R-t_NIonF t being duly sworn deposes and says 1.1 that he (she) is the C ham\ 62.ACC*).1 be 1*,E cf t of fu _I` ontractor(s), and that answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this ( day ofc�t=tl`zl ` be r 19t? dr 517 r IIIII Notary Pu My commission expires �` 1.1 (Seal) 111.1 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid: 1111 4.1.1 to examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to below), la 4.1.2 to visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work, 1.11 4.1.3 to consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; IS4.1.4 to study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; 1111 4.1.5 to promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other 111111 related documents. 2-3 • THE • AMERICAN INSTITUTE OF ARCHITECTS • AIA Document A305 Contractor's Qualification Statement 1986 EDITION This form is approved and recommended by The American Institute of Architects (AIA) and The Associated General Contractors of America (AGC) for use in evaluat- ing the qualifications of contractors. No endorsement of the submitting party or verification of the information is made by the AIA or AGC. The Undersigned certifies under oath that the information provided herein is true and suffi- ciently complete so as not to be misleading. SUBMITTED TO: City of Fayetteville ADDRESS: Fayetteville, Arkansas SUBMITTED BY: JOHN P. MARINONI CONSTRUCTION CCMPANY1 INC. Corporation X) NAME: John P. Marinoni, Chairman of the Board Partnership ADDRESS: 5204 S. Thompson, Unit F Individual 0 Springdale, Arkansas 72764 JointVenture PRINCIPAL OFFICE: Same Other 0 NAME OF PROJECT (if applicable): RECYCLING CENTER IMPROVEMENTS TYPE OF WORK (file separate form for each Classification of Work): General Construction x General Construction HVAC Plumbing Electrical Other (please specify) Copyright 1964. 1969. 1979, ©1986 by The Amcrican Institute of Architects. 1735 New York Avenue. N.W., Washing of the AIA violites the copyright laws of the United States and herein or substantial wilquotation bc subject its to legal prosecution.rovisions without written permission AIA DOCUMENT A305 • CONTRACTOR'S QUALIFICATION STATEMENT • 1916 EDITION • AIM • ©1986 THE AMERICAN INSTITUTE OF ARCHITECTS. 17IS NEW YORK AVENUE. N W . WASHINGTON, U.C. 2I0XK, WAnasa: Unnamed pfmfoou0/It g NotatM LL& oapOrt Iww and Is wgKt to legal prommution. A305-1986 1 S 1. ORGANIZATION 1,1 How many years has your organization been in business as a Contractor? Twenty -Two 1.2 How many years has your organization been in business under its present business name? Twenty -Two 1.2.1 Under what other or former names has your organization operated? None 1.3 If your organization is a corporation, answer the following: 1.3.1 Date of incorporation: June 1973 1.3.2 State of incorporation: Arkansas 1.3.3 President's name: Stephen L. Smith 1.3.4 Vice-president's name(s): Roger Ross Chairman of the Board: John P..Marinoni 1.3.5 Secretary's name: Betty F. Marinoni 1.3.6 Treasurer's name: Betty F. Marinoni 1.4 If your organization is a partnership, answer the following: 1.4.1 Date of organization: 1.4.2 Type of partnership (if applicable): 1.4.3 Name(s) of general partner(s): 1.5 If your organization is individually owned, answer the following: 1.5.1 Date of organization: 1.5.2 Name of owner: ALA DOCUMENT A305 • CONTRACTOR'S QUALIFICATION STATEMENT • 1986 EDITION • AIAO • © 1986 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C. 20V,)6 A305-1986 2 L../'.'4!:cvr! ' i1:Gii]L!a' •I. 1.6 If the form of your organization is other than those listed above, describe it and name the principals: N/A 2. LICENSING 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. Jurisdictions: Arkansas Trade Catagories: General Construction of Industrial, Crnmercial and Institutional Projects. 2.2 List jurisdictions in which your organization's partnership or trade name is filed. Arkansas 3. EXPERIENCE 3.1 List the categories of work that your organization normally performs with its own forces. All work performed tinder Supervision, Thor, and Carpentry catagories. 3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) 3.2.1 Has your organization ever failed to complete any work awarded to it? No 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding NNagainst your organization or its officers? 3.2.3 lamas your organization filed any law suits or requested arbitration with regard to construc- tion contracts within the last five years? No 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.) No AU DOCUMENT A305 • CONTRACTOR'S QUALIFICATION STATEMENT • 1986 EDITION • AIA* • ©1986 A305-1986 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. NW., WASHINGTON, D.C. 20006 W&RNINOn Unliewtesd ,M.t... Y1olsbs U.S. copyright laws and b MIWICt to legal plwscudon. - ...;.., ', cocas _. •.•-vwYr.e_3 -.- . 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect, contract amount, percent complete and scheduled completion date. See Attached. 3.4.1 worthState total of work in progress and under contract: e on 3.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, architect, contract amount, date of completion and percentage of the cost of the work performed with your own forces. See Attached. 3.5.1 State averase annual amount of construction work performed during the past five years: 4.5 Million 3.6 On a separate sheet, list the construction experience and present commitments of the key individ- uals of your organization. See Attached. 4. REFERENCES 4.1 Trade References: MAHG, Architects Ft. Smith, Arkansas Bob Dodd (501) 782-1051 McClelland Engineering Co. Fayetteville, Arkansas Johtmy Quinn (501) 443-2377 NORTHWEST ARKANSAS RADIATION THERAPY INSTITUTE Fayetteville, Arkansas Tom Sigmon (501) 361-2585 Jet Stream Industries Siloam Springs, Arkansas David Jackson,(501) 524-5151 Ext. 633 4.2 Bank References: Merri11-Lynch - Fayetteville, Ar. Brent 'Henry (501) 443-2211 Acct. #575-1312 4.3 Surety 4.3.1 Name of bonding company: Markel Insurance Company Evanston, Illinois 4.3.2 Name and address of agent: The Cashion Company - Benson Cashion P.O. Box 550 Little Rock, Arkansas 72203 (501) 376-0716 AlA THE AMERICAN rTINNSTTIITUTE OF RCHITECTS, 1735CNEW YORK TAVENUE. N�'WASH NGTON, D.C.. ZO®6 • CONTRACTORS • A305-1986 4 S MS. FINANCING 5.1 Financial Statement. 5.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: Upon Request Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses); Net Fixed Assets; Other Assets; Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, pro- vision for income taxes, advances, accrued salaries and accrued payroll taxes); Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings). 5.1.2 Name and address of firm preparing attached financial statement, and date thereof: Berry & Associates, P.A. 8028 Cantrell $2. 102, Little Rock, Ar. 72227 (501) 227-9044 5.1.3 Is the attached mdrtct statement or the identical organization named on page one? Yes 5.1.4 If not, explain the relationship and financial responsibility of the organization whose fin N/Acial statement is provided (e.g., parent -subsidiary). N L - 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for con- struction? Yes U S a a • go AIA DOCUMENT A305 • CONTRACTOR'S QUALIFICATION STATEMENT • 19116 EDITION • AIA' • © 1986 TIIE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N W . WASHINGTON. D.C. 220016A3O5-1986 5 WARNING: Unlicensed photocopying violates U.S. cdpyfght Irtw rW Is subject to 1 ptsicutlon. l Y + 6. SIGNATURE 6.1 Dated at this 1st Fayetteville, Ar. Name of Or iatlon: JOHN P. RARINONI CONSTRUCTION COMPANY, INC. By: %1 / !� 2 ' a-�u TM.�/ John P. Marinoni CHAIRMAN OF THE BOARD 6.2 day of being Mr. John P. Marinoni duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. day of SeptErber Subscribed and sworn before me this 1st 19 98 Notary Public: My Commission Exptr : ar a O 2/14/2001 CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AlA DOCUt�M AMp6 • CONTRACTOR'S QUALIFICATION STATEMENT • 1986 EDITION • MA • @1966 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., wA5HINGTON. O.G. 20006 wARHMG: Unikwlwd dew`^°W" U.S. "° °I""RR°N.ueMan MM pttsICMtfl A305-1986 6 C. PERFORMANCE BOND � Jcnn P. yarinoni KNOW ALL MEN BY THESE PRESENTS: That we (1) • ccrporaticn hereinafter Ccnst=action Company, Inc. a (2) called "Principal" and (3) Markel Insurance Company of Evanston , State of Illinois hereinafter called wthe "Surety," are held and firmly bound unto (4) the city cf covet=evi'_1e, Arkansas hereinafter called the '•Owner,' in the penal sum ' - n J ♦ re E' C,.:1t :1�-,r�G and no/100- of Cne Suns=e? Fifty -=v -Two Thousand Nine .�nc__c dollars (5_152,983.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, cur heirs, executors, administrators and successors, jointly and severally, firmly by these presents. HE CONDITICN OF THIS OBLIGATION is such fat whereas,honci the Prioa� enter into a certain contract with Owner, dated the art he eof for the t a copy of which is hereto attached and made a p construction of: Recyciing Canter Improvements: on -Loading Facilities: Fayetteville, Arkansas; Plans No. Fy-280. NOW THEREFORE, if the Princoal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms and conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and which it may suffer by reason of failure to do so. and shall reimburse and repay the Qwner all outlay and expense which the maincur in making good any default, then this obligation hall be void: otherwise orreermain in full force and effect. PROVIDED. FURTHER, that the said Surety, for value received hereby stipulatthes and agrees that no change, extension of time, alteration or addition to the terms of ine wise affect its obligation on this bond. and it does hereby waive contract or to the work to be performed thereunder or the specifications accomp Y the same shall in any contractnotice of any such chane. extensiofl of time, to the work n9 to the specifications.alteration or addition to the terms oft e PROVIDED. FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisiled. 7-1 This bond is given in compliance with Act 351, Arkansas Acts 209, Arkansas Acts of 1957, the same appearing as Arkansas Statute 51-635. Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed itla ix (6) c one of which shall be deemed as original, this the 19_61/..g . Jchn ?. ,marincni Attest' 7A fl4p (^principal) S' . ataxy (Seal) 5234 S. Thcmpscnr Unit F Sorincdale, Arkansas 72764 dress of 1953, and Act is (1957), Section nterparts, each construe _ or. Co • ,c Attest: (Surety) •— J O (Seal) as retyo Little Rock, AR 72203 Frincip A � cnn ?. .yar.ncn_, .,.. t.� =care `arkel Insurance Surety By William H. Griffin P. 0. Box 550 Little Rock. .AR 72203 Address Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) if Contractor Is a partnership, all partners should execute bond. (6) ThIs bond must be filed with the C:rcult Clerk of the county where the work Is to be performed prior to the start of construction. 7-2 I vu.. advlt.' _ 4 f POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)IN FACT KNOW ALL MEN BY THESE PRESENTS: That Markel Insurance Company ("Corporation"), a corporation organized and existing under the laws of the State of Illinois, with its main office at Shand Morahan Plaza in the City of Evanston, Illinois, and the administrative office at Richmond, Virginia, does hereby nominate, constitute and appoint, for the purpose stated herein, The Cashion Company, Inc., Little Rock, Arkansas, acting through its staff, Matthew K. Cashion, Jr., William H. Griffin, Benson A. Cashion, Knight Cashion or William R. Plegge, its true and lawful attorney(s)-in-fact, with full power and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed, in Illinois and States where the Corporation is qualified to act as an admitted insurer, all bonds, recognizances, undertakings, contracts of suretyship or other written obligations required pursuant to the payment, bid, performance, license, permit and miscellaneous bond program developed by the Corporation with a limit of liability not to exceed $5,000,000 per writing; and the execution of such bonds in pursuance of these presents shall be as binding upon said Markel Insurance Company to all intents and purposes as if duly executed by its Chairman, Vice Chairman, President and Chief Operating Officer, Executive Vice President, any Vice President, sealed with its corporate seal, and attested by its Secretary or Assistant Secretary. • This Power of Attorney and Certificate of Authority shall only be valid if evidencing original or facsimile signatures and only if the raised seal of the Corporation is affixed hereto. This Power of Attorney and Certificate of Authority is made and executed by authority of a resolution adopted by the Board of Directors, of which the following is a true and exact copy. "RESOLVED: That, pursuant to Section 8.6 of the Corporation's Bylaws, the Chairman, Vice Chairman, President and Chief Operating Officer, Executive Vice President, any Vice President, and Secretary, and any Assistant Secretary are hereby authorized and empowered as the Corporation's attorney -in -fact, to make and execute on behalf of the Corporation, in Illinois and States where the Corporation is qualified to act as an admitted insurer, bonds, recognizances, undertakings, contracts of suretyship or other written obligations required pursuant to the payment, bid, performance, license, permit and miscellaneous bond program developed by the Corporation and are further authorized and empowered to select and appoint individuals as its attorney -in -fact, with full power rn and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed, in Illinois and States where the Corporation is qualified as an admitted insurer, all bonds, recognizances, undertakings, contracts of suretyship or other written obligations required pursuant to the payment, bid, performance, license, permit and miscellaneous bond program developed by the Corporation; provided further, that the liability of the Corporation on any such writing executed under this authority shall not exceed $5,000,000; also to execute such instruments as may be necessary or proper in connection with the settlement of claims or the recovery of reinsurance or salvage. IN WITNESS WHEREOF, Markel Insurance Company has caused these presents to be signed by its duly authorized officer and the Corporate Seal to be hereunto affixed this 4th day of November , 19 97 . MARKEL INSURANCE COMPANY • Garry W. Black, Vice President COUNTY OF HENRICO) COMMONWEALTH OF VIRGINIA) The foregoing instrument was acknowledged before me this 4th day of November , 19 97 by Garry W. Black. Vice President. Markel Insurance Company • :.: _„ Cynthia C. Vayo, Notary Public My Commission Expires: June 30, 2000. CERTIFICATE 1, the undersigned, Assistant Secretary of MARKEL INSURANCE COMPANY, a stock corporation of the State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Ho e Office o� the Company, in the City of Evanston, State of Illinois, Dated this day of i ; 19. By: Paula A. Francis, Assistant Secretary I PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) John P Marinon'_ C-•ns-"1ct1 on Company. Lnc. a(2) corpora=icn hereinafter called "Principal" and (3) Markel Insurance Company of Evanston State of Illinois , hereinafter called the City of Fayetteville, ;he "Surety," are held and firmly bound unto (4) I sum Arkansas hereinafter called the Owner, in ,he pens .: ^a.: rt.--'w" Thousand Nine Hundred Eianty-'-��'lre and :]O/iOO- Of cue lied_..-. ++_ d States for the payment dollars (5 _152 ' e 3 • a o ) in lawful money of the Unrte , of which sum well and truly to be made, we bind ourselves, cur heirs, executors, and successors jointly and severally, firmly by these presents. administrators THE CONDITION OF THIS OBLIGATION is suc. jhat whereas, he Principal entered Into a certain contract with Owner, dated the i4t1 day of �- 1 g , , a copy of which is hereto attached and made a part hereof for the construction of: Recycang Canter Improvements: Ctt-t cading Facilities; Fayetteville, Arkansas; Plans No. Fy-280. NOW THEREFORE, it the Principal shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor In the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, all amounts due for but a out limiteto. tand tools, ' ls, consumed ors, oil, used gasoline, coal and coke, repair on machinery, q Pmen in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the State of Arkansas or any political subdivision thereof which shall have arisen on account of or In connection with the wages earned by workmen covered by the bond; and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain In full force and effect. The Surety agrees the terms of this bond shall cover the payment by the Principal at not Less than the of Labor or as determined plby the court on appeal ng hourly rate of wages as foundto all workmen performing work under the contract. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall In any wise affect its obligation on this bond, and it does hereby waive notice of any such the work o change, , extension the specifications.of time,alteration or addition to the terms of the contract k 7-3 4 r PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. This bond is given in compliance with Act 351, , Arkansas kanaStActs of(1953, and Act Section r 249, Arkansas Acts of 1957, the same appearing as Arkansas 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this Instrument is executed in six (6) iounterpartz, each �t da of ti one of which shall be deemed as original, this the Y 19 Jour. P. Mar':cai Coast=ncton Cc.,_nc. AWaI)e Principal iF� % e 2car3 (ary john P. Marinon�, 5204 S. Tbcmpson, Unit F eprinQdale, Arkansas 72764 the s v tin ipal dress �7d74 Ad ass Markel Insurance Company Attest: (Surety) (Seal) y�yit s as 2o'0 Surety Y.9uox S Little Rock, AR 72203 Address Surety By Attorney -in -Fact Willi Griffin P. 0. Box 550 Little Rock, AR 72203 Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation. a partnership, or an individual, as the case may be. (2)Correct name of Surety. (4) Correct name of owner. partners should e:ervte bond. (5) If Contractor Is a partnership. all p (6) This bond must be filed to the start of ircuit Clerk of e_onatructiort the here the work is to be Pertcaned prio 7-4 V POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(SI-IN-FACT r r N KNOW ALL MEN BY THESE PRESENTS: That Markel Insurance Company ("Corporation"), a corporation organized and existing under the laws of the State of Illinois, with its main office at Shand Morahan Plaza in the City of Evanston, Illinois, and the administrative office at Richmond, Virginia, does hereby nominate, constitute and appoint, for the purpose stated herein, The Cashion Company, Inc., Little Rock, Arkansas, acting through its staff, Matthew K. Cashion, Jr., William H. Griffin, Benson A. Cashion, Knight Cashion or William R. Plegge, its true and lawful attorney(s)-in-fact, with full power and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed, in Illinois and States where the Corporation is qualified to act as an admitted insurer, all bonds, recognizances, undertakings, contracts of suretyship or other written obligations ro ired pursuant to the payment, bid, performance, license, permit and miscellaneous bond program developed by the Corporation with a limit of liability not to exceed $5,000,000 per writing; and the execution of such bonds in pursuance of these presents shall be as binding upon said Markel Insurance Company to all intents and purposes as if duly executed by its Chairman, Vice Chairman, President and Chief Operating Officer, Executive Vice President, any Vice President, sealed with its corporate seal, and attested by its Secretary or Assistant Secretary. This Power of Attorney and Certificate of Authority shall only be valid if evidencing original or facsimile signatures and only if the raised seal of the Corporation is affixed hereto. This Power of Attorney and Certificate of Authority is made and executed by authority of a resolution adopted by the Board of Directors, of which the following is a true and exact copy. "RESOLVED: That, pursuant to Section 8.6 of the Corporation's Bylaws, the Chairman, Vice Chairman, President and Chief Operating Officer, Executive Vice President, any Vice President, and Secretary, and any Assistant Secretary are hereby authorized and empowered as the Corporation's attorney -in -fact, to make and execute on behalf of the Corporation, in Illinois and States where the Corporation is qualified to act as an admitted insurer, bonds, recognizances, undertakings, contracts of suretyship or other written obligations required pursuant to the payment, bid, performance, license, permit and miscellaneous bond program developed by the Corporation and are further authorized and empowered to select and appoint individuals as its attorney -in -fact, with full power and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed, in Illinois and States where the Corporation is qualified as an admitted insurer, all bonds, recognizances, undertakings, contracts of suretyship or other written obligations required pursuant to the payment, bid, performance, license, permit and miscellaneous bond program developed by the Corporation; provided further, that the liability of the Corporation on any such writing executed under this authority shall not exceed $5,000,000; also to execute such instruments as may be necessary or proper in connection with the settlement of claims or the recovery of reinsurance or salvage. IN WITNESS WHEREOF, Markel Insurance Company has caused these presents to be signed by its duly authorized officer and the Corporate Seal to be hereunto affixed this 4th day of November , 19 _97. COUNTY OF HENRICO) COMMONWEALTH OF VIRGINIA) The foregoing instrument was CERTIFICATE I, the undersigned, Assistant Secretary of MARKEL INSURANCE COMPANY, a stock corporation of the State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force.. Signed and Sealed at the H�ne Qffice ppf the Company�� in the City of Evanston, State of Illinois, Dated this day of bit.' ,19"t_____ MARKEL INSURANCE COMPANY By: I (u Garry W. Black, Vice President before me this 4th day of November , 19 97 by Cynthia C. Vayo, Notary Public My Commission Expires: June 30, 2000. By: Paula A. Francis, Assistant Secretary ''- City of Fayetteville, Arkansas " Ak Budget Adjustment Farm Budget Year 1998 nt: Public Works Solid Waste Recycling Project or Item Requested: Additional funding is requested for the Curbside Recycling Improvements Project. Justification of this Increase: The Curbside Recycling Improvements are needed to support changes approved in the City's residential recycling program. Date Requested 09/02/98 Adjustment # Project or Item Deleted: Funding for this adjustment is from the Volume Reduction Machine Project, Composting Site Improvements and operational cash & investments form Solid Waste Fund. Justification of this Decrease: The Curbside Recycling Improvements Project is a higher priority project. Increase Expense (Decrease Revenue) Account Name Amount Account Number Project Number Solid Waste Improvements 97,500 5500 5060 5816 00 98053 1 Transfer to Solid Waste Fund 30,000 4470 9470 7602 50 Transfer from Sales Tax Cap. (30,000) 5500 0950 6602 47 Decrease Expense (Increase Revenue) Account Name Amount Account Number Project Number Solid Waste Improvements 57,130 4470 9470 5816 00 97083 1 Solid Waste Improvements 30,000 4470 9470 5816 00 97034 1 Use of Fund Balance 40,370 5500 0950 4999 99 Admin. Services Direct Mayor Approval Signatures ^� Date 9-2 -98 Date Date Type: A Date of Approval Budget Office Use Only B C U E Posted to General Ledger Posted to Project Accounting Entered in Category Log Blue Copy: Budget & Research / yellow Copy: Requester /filename .' 1 STAFF REVIEW FORM AGENDA REQUEST XX CONTRACT REVIEW GRANT REVIEW For the Council meeting of_ ride ri -, FROM: Cheryl Zotti Solid Waste Public Works Name Division Department ACTION REQUESTED: Staff requests review and approval of change order #1 to our contract with Marinoni Construction Company for the construction of an off-loading facility for the Solid Waste Division. The change order is in the amount of $7,240. There was a project contingency approved for this project in the amount of $15,298. Please see attached documentation for additional information. COST TO CITY: $7,240 515,298 Off —Loading Facility Cost of this request Category/Project Budget Category/Project NAME 5500-5060-5816.00 0 Solid Waste Improvements Account Number Funds Used to Date Program Name 98053 $15,298 Solid Waste Project Number Remaining balance Fund BUDGET REVIEW: c\ X Budgeted Item dget toordinator CONTRACT/GRANT/LEASE REVIEW: Budget Adjustment Attached Administrative Services Director Date / Cross Reference it -Ilse New Item: Yes No Date I�_ eK!_ Prev Ord/Res #: ____ Da e Orig Contract Date: Date M FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Fred Hanna, Mayor THRU: Charles Venable, Public Works Director �-of FROM: Cheryl Zotti, Environmental Affairs Administrator qW DATE: December 9, 1998 SUBJECT: Change Order #1 - Marinoni Construction Marinoni Construction Company (contractor) is requesting a change order to our contract for the construction of an off-loading facility for the Solid Waste Division. The change order increases the contract in the amount of $7,240 and allows 7 additional days for substantial completion. There was a contingency approved for this project in the amount of $15,298. The increase in the contract amount results from two separate items. The actual location of the off- loading facility was moved slightly north during final design and this placed the footprint of the structure at a different elevation. As a result, the contractor provided additional fill material and one foot of additional concrete. The contractor is requesting $3,767 for this additional work and material. The second item which increased the contractor's costs relates to the fill material encountered on - site. The contractor hit an old fill area when excavating. The debris encountered included brush, large stumps, logs, and metal items. As a result, the contractor had to excavate at greater depths and add more fill material than originally planned and bid. The contractor is requesting $3,473 for this additional work and material. Staff believes that these requests are justified and supports approval of the change order. Please see attached documentation included with the change order for more information. Should you have any questions, please call me. Thank you. 7. (Instructions on reverse side) CHANGE ORDER Recycling Center Improvements PROJECT Off -Loading Facilities r* ; No. 1 DATE OF ISSUANCE December 4. 1998 EFFECTIVE DATE December 4. 1998 OWNER City of Fayetteville Arkansas 113 West. Mountain Street, Fayetteville, Arkansas 72701 OWNER's Contract No. Plans No. Fy-280 CONTRACTOR AR 72703 You are directed to make the following changes in the Contract Documents. Description: See Attachment Reason for Change Order: Increase in Contract Price & Contract Time Extension Attachments: (List documents supporting change) Attachment 1 — Description; Attachment 2— Letter dated 10/26/98; Attachment 3 — Letter date 11/23/98 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion: December 11. 1998 $ 152 983.00 Ready for final payment, Deember 26 1998 days or dates Net changes from previous Change Orders No - to No. _- Net change from previous Change Orders No._to No. $ o -0- days Contract Price prior to this Change Order Contract Times prior to this Change Order Substantial Completion: nersmb r 11 1998 $ 152,983.00 Ready for final payment: December 26. 1998 Days or dates Net Increase fie) of this Change Order Net Increasel)imrarfl) of this Change Order $ 7.240_00 7 calendar days substantial completion 0 calendar days final completion days Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion: ❑ram r 16 1998 $ 160 223.00 Ready for final payment D cember 26 196 days or dates McGoodwin, Williams & Yates, Inc. RECOMMENDED:By: n neer ( uthorized Signature) Date: City of Fayett ville APPROVED /%i By: C et, (Au nzed Signature) Date: John P. Marinoni Construction Co., Inc. ACCEPTED: / By: , `4L A t7a...—� Contractor (Authorized Signature) Date: /2 -c" St EJCDC No. 1910-8-B (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. I CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Contract price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order may be used. B. COMPLETING THE CHANGE ORDER FORM Engineer initiates the form, including a description of the changes, involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After approval by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that does not apply. . S CHANGE ORDER NO. 1 Attachment No. 1 — Description of Changes Recycling Center Improvements Off -Loading Facilities Fayetteville, Arkansas Project No. Fy-280 11/02/1998 '11:30 5017502319 MARINONI CONST PAGE 04 c f JOHN P. MARINONI CONSTRUCTION COMPANY, INC. 5204 SOUTH THOMPSON SPRINGDALE, AR 72764 501-750.2316 FAX 750-2319 OCTOBER 26, 1998 MR. JEFF RICHARDS MCGOODWtN, WILLIAMS AND YATES, INC. FAX 501 4434340 RE: FAYETTEVILLE RECYCLING IMPROVEMENTS OFF LOADING FACILITY DEAR MR. RICHARDS: WE REQUEST AN INCREASE TO THE CONTRACT AS FOLLOWS FOR RAISING THE WALL HEIGHT FROM 1204.00 TO 1205.00: TOTAL COST FROM BELOW 3,150 OVERHEAD & PROFIT 15% 472 BOND 4% 145 TOTAL 3,767 ase-nev: WE ALSO REQUEST A TIME EXTENSION OF 7 CALENDAR DAYS FOR THIS ADDED WORK. SINCERELY, c"A JOHN P. MARINONI PRESIDENT Attachment 2 ,11/02/199S 1+1:30 5017502319 r. MARINONI CONST PAGE @5 « UNIT PRICES » LABOR + 35% BURDEN TOOLS MATERIALS + 7.825% ST DESCRIPTION O UNIT :LABOR MAT SUB AND SUBS + 1% INSURANCE CONT EQUIP JOB OVERHEAD 4.00 CONSTRUCTION DAYS 0 PICKUP TRUCK 4.00 C DAYS 12.00 25.00 152 SUPERVISION 4.00 C DAYS 170.00 918 MOBIL PHONE 4.00 C DAYS 10.00 43 BEEPER 4.00 C DAYS 1.00 4 0 0 0 0 0 0 0 0 0 0 FILLDIRT ((66'$8)+(28'11))•127 189.78 CY 8.50 1628 0 THICK E_NED EOOE OF SLAB 0 29r1.1.5127 16 CY 54.00 943 0 CREDITS: BACKER ROD -292.00 LF 0.10 0.15 .87 SIMPLEX 429 PRIMER -1.00 GAL 20.00 25.00 -54 SIKAFLEX Ie SEALANT -1.00 GAL 35.00 35.00 -85 WALL DRAINAGE DETAILS -23.00 EA 5.00 1.00 -180 1/r EXPANSION JOINT -292.00 LF 0.10 0.30 -134 0 0 0 1• r 11/23/199'8 '14:419 5017502319 MARINONI CDNST PAGE @1 JOHN P. MARINONI CONSTRUCTION COMPANY, INC. 5204 SOUTH THOMPSON SPRINGDALE, AR 72784 501-750.2318 FAX 750-2319 NOVEMBER 23. 1998 MR. JEFF RICHARDS MCGOODWIN, WILLIAMS AND YATES, iNC. FAX 501 443-4340 RE: FAYETTEVILLE RECYCLING IMPROVEMENTS OFF LOADING FACILITY DEAR MR. RICHARD$: WE REQUEST AN INCREASE TO THE CONTRACT AS FOLLOWS FOR EXTRA CUTTING AND FILL DIRT REQUIRED UNDER THE CONCRETE PAVEMENT AROUND THE ELEVATED STRUCTURE. THIS DOES NOT INCLUDE THE AREA OF THE ELEVATED STRUCTURE OR THE RAMP UP TO IT. THE ROAD CIRCLING AROUND THE ELEVATED STRUCTURE COMES TO 11,320 SQUARE FEET. OUR EXPERIENCE IN THE INDUSTRIAL PARK HAS BEEN THAT CUTTING OUT TWO FEET OF EXISTING DIRT AND REPLACING IT WITH ONE FOOT OF RED DIRT PLUS 6 INCHES OF SB-2 AND 6 INCHES OF CONCRETE IS ENOUGH TO BRIDGE THE BAD SOILS THERE. THAT I$ HOW WE REASONABLY BASED OUR BID. WHEN WE STARTED EXCAVATING, WE HIT BURIED LOGS, STUMPS, HOT WATER HEATERS, AND DEBRIS OF ALL SORTS. IN SOME PLACES, THERE SEEMED TO BE NO BOTTOM TO IT. IN THOSE PLACES, WE PUT IN UP TO FOUR FEET OF RED DIRT AT THE ENGINEER'S DIRECTION. THE ROAD CIRCLING AROUND THE ELEVATED STRUCTURE COMES TO 11,320 SF. THE ONE FOOT OF RED DIRT THAT WE HAD FIGURED COMES TO 419 IN -PLACE YARDS. WE ACTUALLY HAD TO REMOVE AND REPLACE 672 IN -PLACE YARDS OF COMPACTED RED DIRT FOR A NET EXTRA OF 253 CUBIC YARDS. PARTIALLY OFFSETTING THIS, WE WERE ALLOWED TO DISPOSE OF THE EXCAVATED DIRT ON SITE IN LIEU OF TAKING IT OFFSITE. TOTAL COST FROM BELOW OVERHEAD & PROFIT BOND TOTAL SINCERELY, JOHN P. MARINONI CHAIRMAN OF THE BOARD 2,904 15% 436 4% 134 3,473 Attachment 3 • 11/23/1998 24:9 5017502319 MARINONI CONST PAGE 02 "'------- - --- <e UNIT PRICES» DESCRIPTION O UNIT :LABOR MAT SUB • CONT JOB OVERHEAD 2.00 CONSTRUCTION DAYS PICKUP TRUCK 2.00 C DAYS 12.00 SOON 2.00 C DAYS 170.00 MOBILPHONE 2,00 C DAYS 10.00 BEEPER 2.00 C DAYS 1.00 EXTRA CUTTING 253 CY 4.00 FILL DIRT (11327127) 263 CY 6.'•0 CREDIT FOR ONSffE DISPOSAL 672 CY -1.25 LABOR + 35% BURDEN TOOLS MATERIALS • 7.625% ST AND SUBS + t% INSURANCE EQUIP 25.00 0 76 459 22 2 0 1022 0 2172 0 -648 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0