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HomeMy WebLinkAbout35-04 RESOLUTION• RESOLUTION NO. 35-04 A RESOLUTION TO APPROVE THE CONSTRUCTION CONTRACT FOR THE NEW WATER AND SEWER OPERATIONS CENTER WITH MARINONI CONSTRUCTION, INC. IN THE AMOUNT OF $3,403,199.00, PLUS A CONTINGENCY OF $225,159.00 AND A BUDGET ADJUSTMENT OF $128,235.00 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 approves a construction contract for the low bidder, Marinoni Construction, Inc. to build the new Water and Sewer Operations Center in the amount of $3,403,199.00, plus a contingency amount of $225,159.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment of $128,235.00 as required for this project. PASSED and APPROVED this the 2nd day of March, 2004. itUir TS 1• B • SONDRA SMITH, City Clerk By: APPROVED - DAN COODY, Mayor • • -.0� s!1 Document A101' —1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Second (2nd) day of March in the year of Two Thousand Four (2004) (In words, indicate day, month and year) BETWEEN the OtCity; (Name, address and other information) The City of Fayetteville 113 W. Mountain Fayetteville, Arkansas and the Contractor. (Name, address and other information) John P, Marinoni Construction Co.. Inc. 1142 N. Futrall Drive Fayetteville, Arkansas 72703 The Project is: (Name and location) City of Fayetteville Water and Sewer Operations Center Architect Engineer Project No. 2003-035 The Architect is: (Name, address and other information) Cromwell Architects Engineers. Inc. 101 S. Spring Street Little Rock. Arkansas 72201 The Owner -City and Contractor agree as follows. This document has important legal consequences. Consultation with an attomey is encouraged with respect to its completion or modification. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America AIA Document A101nr — 1997. Copyright 01915, 1918, 1925, 1937. 1951, 1958, 1961, 1963, 1967, 1974. 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:29:04 on 02/20/2004 under Order No.1000098206_2 which expires on 2/13/2005, and is not for resale. User Notes: (4046534462) 1 • • • ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications. Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner -City. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable. state that the date will be fixed in a notice to proceed.) The date of commencement to be established in a written Notice to Proceed issued by the Architect Engineer. If, prior to the commencement of the Work. the Owner -City requires time to file mortgages, mechanic's liens and other security interests, the Ownor B Citv's time requirement shall be as follows: Not Applicable § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 365 days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work) Portiott-of ck , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any. for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work) $179.00 per calendar day for each day of delay until the Work is Substantially Complete ARTICLE 4 CONTRACT SUM § 4.1 The Owner -City shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Three Million Four Hundred Three Thousand One Hundred Ninety - Nine ($ 3.403,199.00 ) subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner -Cmc. (State the numbers or other identification of accepted alternates. 1f decisions on other alternates are to be made by the Dwner-cli subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) Deductive Alternate No. One (1) Complete Fire Alarm System -($10.200.00) AIA Document A101 ar -1997. Copyright 01915. 1918. 1925, 1937, 1951. 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any ponlon of IL may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:29:04 on 02/20/2004 under Order No.1000098206_2 which expires on 2/132005, and is not for resale. User Notes: (4046534462) 2 • Deductive Alternate No. Two (2) Pipe Rack 1, Undercutting allowance • Undercut below finished subgrade 3.000 cv at the unit price • Undercut below bottom offootings 30 cv at the unit price § 4.3 Unit prices. if any, are as follows: Description Undercutting unit price: • Below finished subgrade • Below bottom of footing elevations Units • -($46,000.00) -($39.000.00) -($600.00) Price ($ 0.00) $13.00 $20.00 ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Goner City shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the km -day -of twenty-fifth (25th) day of the month. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the twenty-fifth (25th) day of a month, the Owner-Citv shall make payment to the Contractor not later than the twenty-fifth (25th) day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner -City not later than thirty ( 30 ) days after the Architect receives the Application for Payment. § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents. the amount of each progress payment shall be computed as follows: . 1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of ten percent ( )-10%). Pending final determination of cost to the Owner -City of changes in the Work. amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or. if approved in advance by the Geo -City suitably stored off the site at a location agreed upon in writing), Less retainage of ten percent ( 10% )• . 3 Subtract the aggregate of previous payments made by the Owner; Cityt and AIA Document A101 n/ -1997. Copyright C 1915. 1918. 1925. 1937. 1951. 1958, 1961, 1963, 1967. 1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA. Document, or any portion of it. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:29:04 on 02/20/2004 under Order No.1000098206 2 which expires on 2/13/2005. and is not for resale. User Notes: (4048534462) 3 i • . .4 Subtract amounts. if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount -ninety-five percent (95%1 of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of A!A Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-1997. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended. prior to Substantia! Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above. and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) Reference Section 9.3.2 of General Conditions § 5.1.9 Except with the Oo,.ner-.^'^ Citv's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner -City to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A20!-1997, and to satisfy other requirements, if any, which extend beyond final payment: and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's City's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for wsiPayment ARTICLE 6 TERMINATION OR SUSPENSION § 6.1 The Contract may be terminated by the Owner -City or the Contractor as provided in Article 14 of AIA Document A201-1997. § 6.2 The Work may be suspended by the Owner City as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) AIA Document A101/11— 1997. Copyright t 1915. 1918. 1925. 1937. 1951, 1958, 1961, 1963. 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties Unauthorized reproduction or distribution of this AIAe Document, or any portion of 11. may result In severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:2994 on 02/20/2004 under Omer No.1000098206_2 which expires on 2/13/2005. and is not for resale. User Notes: (4046534462) 4 No interest shall be paid on late payments. • (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owners City's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 The Owner's ciryls representative is: (Name, address and other information) The Honorable Dan Coodv City of Fayetteville 113 W. Mountain Street Fayetteville. Arkansas 72701 § 7.4 The Contractor's representative is: (Name, address and other information) John P. Marinoni John P. Marinoni Construction Company. Inc. 1142 N. Futrell Drive Fayetteville, Arkansas 72703 § 7.5 Neither the to nerLs City's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 7.6 Other provisions: None ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents. except for Modifications issued after execution of this Agreement, are enumerated as follows: § 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between 94 wer City and Contractor, AIA Document A101-1997. § 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction. AIA Document A201-1997. § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated —December 31. 2003 and are as follows Document Title Pages Section 00800 Supplementary Conditions 1 § 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Sootier Title Pages Title of Specifications exhibit: Reference Exhibit "A", attached § 8.1.5 The Drawings are as follows, and are dated December 31, 2003 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date Title of Drawings exhibit: Reference Exhibit "B", attached AIA Document A1011a — 1997. Copyright 01915 1918 1925 1937 1951 1958 1961 1963 1967 1974 1977 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Mg Document, or any portion of 11, may result In severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:2994 on 02/20/2004 under Order Nc.1000098206 2 which expires on 2/13/2005, and is not for resale. User Notes: (4046534462) 5 • § 8.1.6 The Addenda, if any, are as follows: Number Date Pages Addenda No. One (11 February 5. 2004 284 Addenda No. Two (2) February 6, 2004 34 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. § 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders. sample forms and the Contractor's bid are not pan of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Exhibit "A" Exhibit "B" Exhibit "C" Table fo Contents Index of Drawings Contractor's Bid Proposal This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner -City. C/oloy t /"e/4 1pn•—•... LL CITY (Signature) OI ER-(Siguaim e / CONTRACTOR (Signature) NNrp;14/4 th4It /' 47112.r7amAl; i CEb (Printed nam • - _ (Printed name and title) 4 4- 4 ii„,,...,/ Ad, CITY nature :• _A..,.. /I / 1 (Printed name and title) JondrQ /reasrrer AIA Document A101111— 1997. Copyright 431915 1918 1925 1937 1951 1958 1961 1963 1967 1974 1977 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it. may result in severe civil end criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 1029U4 on 02/20/2004 Tatler Order No.1000098206_2 which expires on 2/132005. and is not for resale. User Notes: (4046534462) 6 Exhibit "A", Refece AIA Document A101-1997, par1raph 8.1.4 CITY OF FAYETTEVILLE WATER AND SEWER OPERATIONS CENTER Fayetteville, Arkansas TABLE OF CONTENTS Certifications Table of Contents BIDDING REQUIREMENTS AND CONTRACT FORMS 00100 Bid Solicitation 00200 Instructions to Bidders AIA Document A701-1997, Instructions To Bidders 00300 Information Available To Bidders Geotechnical Report 00410 Bid Proposal Form 00700 General Conditions AIA Document A201-1997, General Conditions Of The Contract For Construction 00800 Supplementary Conditions 00860 Wage Rates Requirements Prevailing Wage Determination ARK FORM PW -2 Request For Determination of Prevailing Wage Rates Omitted Classifications DIVISION 01100 01210 01230 01250 01270 01290 01310 01320 01322 01330 01390 1 - GENERAL REQUIREIdENTS Summary Allowances Alternates Contract Modification Procedures Unit Prices Payment Procedures Project Management And Coordination Construction Progress Documentation Photographic Documentation Submittal Procedures Project Forms AIA A310 Bid Bond (1970) • AIA A312 Performance Bond and Labor and Materials Payment Bond (1984) CSI 1.5A Subcontractors and Major Material Suppliers List (1994) CSI 12.1A Submittal Transmittal (1996) CSI 13.IA Substitution Request (1996) CSI I3.2A Request For Interpretation (1994) CSI 14.1A Punch List (1996) 01400 Quality Requirements 01420 References 01425 Definitions 01500 Temporary Facilities And Controls 01600 Product Requirements 01700 Execution Requirements 01731 Cutting And Patching 01770 Closeout Procedures 01781 Project Record Documents 01782 Operation And Maintenance Data 2003-035 Dec 2003 Page - 1 TABLE OF CONTENTS • CITY OF FAYETTEVILLE WATER AND SEWER OPERATIONS CENTER Fayetteville, Arkansas 01810 General Commissioning Requirements 01815 HVAC Commissioning Requirements 01820 Demonstration And Training DIVISION 02080 02230 02231 02240 02260 02281 02300 02510 02553 02630 02741 02751 02764 02821 02920 02930 2 - SITE CONSTRUCTION Piped Utilities - Basic Materials And Methods Site Clearing Tree Protection And Trimming Dewatering Excavation Support And Protection Termite Control Earthwork Water Distribution Natural Gas Distribution Storm Drainage Hot -Mix Asphalt Paving Cement Concrete Pavement Pavement Joint Sealants Chain-link Fences And Gates Lawns And Grasses Exterior Plants DIVISION 3 - CONCRETE 03310 Concrete Work DIVISION 4 - MASONRY 04200 Unit Masonry DIVISION 5 - METALS 05320 Metal Decking - Floor (Composite) 05400 Light Gage Metal Framing 05500 Miscellaneous Metals DIVISION 6 - WOOD AND PLASTICS 06100 Rough Carpentry 06400 Architectural Woodwork DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07200 07270 07411 07412 07600 07920 Building Insulation Firestopping Metal Roof Panels Metal Wall Panels Flashing And Sheet Metal Joint Sealants DIVISION 8 - DOORS AND WINDOWS 08100 Steel Doors And Frames 08331 Overhead Coiling Doors 08361 Sectional Overhead Doors 08411 Aluminum -Framed Entrances And Storefront • 2003-035 Dec 2003 Page - 2 TABLE OF CONTENTS CITY OF FAYETTEVILLE WATER AND SEWER OPERATIONS CENTER Fayetteville, Arkansas 08710 Door Hardware 08800 Glass And Glazing 08952 Fiberglass -Sandwich -Panel Assemblies DIVISION 9 - FINISHES 09253 Gypsum Sheathing 09260 Gypsum Board Assemblies 09510 Acoustical Ceilings 09653 Rubber Wall Base 09672 Seamless Monolithic Aggregate Polymer Flooring (SMAP) 09900 Painting DMSION 10 - SPECIALTIES 10200 Louvers And Vents 10155 Toilet Compartments 10522 Fire Extinguishers And Cabinets 10800 Toilet Accessories DIVISION 11- EQUIPMENT NOT APPLICABLE DIVISION 12 - FURNISHINGS 12491 Horizontal Louver Blinds DIVISION 13 - SPECIAL CONSTRUCTION 13120 Metal Building System 13851 Fire Alarm 13930 Sprinkler Systems DIVISION 14 - CONVEYING SYSTEMS NOT APPLICABLE DIVISION 15010 15060 15070 15071 15075 15080 15105 15110 15120 15140 15150 15160 15180 15185 15190 15410 15425 15 - MECHANICAL Basic Mechanical Requirements Hangers And Supports Mechanical Vibration Control Seismic Protection Mechanical Identification Mechanical Insulation Basic Piping Valves Piping Specialties Domestic Water Piping Sanitary Waste And Vent Piping Storm Drainage Piping Hydronic Piping Equipment Vents & Drains Natural Gas Plumbing Fixtures Plumbing Specialties Page - 3 • 2003-035 Dec 2003 TABLE OF CONTENTS • CITY OF FAYETTEVILLE WATER AND SEWER OPERATIONS CENTER Fayetteville, Arkansas 15546 Water Treatment 15550 Breechings, Chimneys, And Stacks 15700 HVAC Equipment 15811 Ductwork 15840 Air Terminals 15850 Diffusers, Registers, And Grilles 15910 Direct Digital Control Systems 15950 Testing, Adjusting, & Balancing DIVISION 16000 16010 16100 16130 16140 16150 16160 16170 16190 16191 16192 16200 16400 16410 16420 16421 16440 16500 16722 16 - ELECTRICAL Electrical - General Provisions Electrical Basic Materials And Methods - Identification Conduits Outlet Boxes Pull Boxes & Junction Boxes Pulling Cables Wire And Cables Equipment Disconnect Overcurrent Protective Devices Wiring Devices Power Generation Service And Distribution - Metering Grounding Service Disconnects Transient Voltage Surge Suppressor Panelboards Lighting Cable Television END TABLE OF CONTENTS Page - 4 • 2003-035 Dec 2003 TABLE OF CONTENTS Exhibit "B", Refer. AIA Document A101-1997, paraeph 8.1.5 Exhibit B Index of Drawings 12/31/2003 G001 TITLE SHEET 2/5/2004 G002 INDEX. SYMBOLS AND ABBREVIATIONS 12/31/2003 C001 SITE SURVEY 2/5/2004 C002 SITE PLAN 12/31/2003 C003 OVERALL SITE PLAN 12/31/2003 C004 TREE PRESERVATION PLAN 2/5/2004 C005 UTILITY PLAN 2/5/2004 C006 GRADING AND EROSION CONTROL PLAN 2/5/2004 C007 PLANTING PLAN 2/5/2004 C008 DETAIL SHEET 2/5/2004 C009 DETAIL SHEET 2/5/2004 A101 FIRST FLOOR PLAN 2/5/2004 AlOID FIRST FLOOR DIMENSION PLAN 2/5/2004 A102 MEZZANINE FLOOR PLAN 12/31/2003 A103 REFI.tCTED CEILING PLAN 2/5/2004 A104 ROOF PLAN 12/31/2003 A105 ENLARGED TOILET PLANS AND DETAILS 12/31/2003 A106 VEHICILE STORAGE BUILDING 12/31/2003 A107 PIPE STORAGE PLAN FT FVATION AND SECTION 12/31/2003 A201 DOOR SCHEDULE AND DETAILS 12/31/2003 A202 FINISH SCHEDULE 2/5/2004 A203 ALIJ IINUM STOREFRONT FRAME ELEVATIONS 2/5/2004 A301 EXTERIOR ELEVATIONS 2/5/2004 A302 EXTERIOR ELEVATIONS / BUILDING SECTIONS 12/31/2003 A303 BUILDING SECTIONS 12/31/2003 A304 BLILDING SECTIONS 12/31/2003 A401 WALL SECTIONS 12/31/2003 A402 W ALL SECTIONS 2/5/2004 A403 W ALL SECTIONS 2/5/2004 A404 WALL SECTIONS 2/5/2004 A501 PLAN DETAILS 2/5/2004 A502 PLAN DETAILS 2/5/2004 A503 VERTICAL DETAILS 2/5/2004 A504 VERTICAL DETAILS 12/31/2003 A505 ROOF DETAILS 12/31/2003 A601 12/31/2003 A602 PARTITION TYPES / DETAILS INTERIOR DETAILS 2/5/2004 S001 STRUCTURAL GENERAL NOTES & QUALITY CONTROL 12/31/2003 5101 FOL?IDATION AND SLAB PLAN 2/5/2004 S102 FOUNDATION AND SLAB PLAN 2/5/2004 S103 SCHEMATIC ROOF PLAN 12/31/2003 S 104 SCHEMATIC ROOF PLAN. ROOF UPLIFT PLAN AND MF77ANINE PLAN 2/5/2004 S201 FOUNDATION DETAILS 2/5/2004 S301 2/5/2004 S302 • • FRAMING DETAILS FRAMING DETAILS 2/5/2004 FA10I FIRE ALARM PLAN 2/5/2004 FS 101 FIRE SPRINKLER PLAN 2/5/2004 FS20I FIRE SPRINKLER DETAILS 12/31/2003 MPO01 HVAC & PLUMBING LEGEND 2/5/2004 M101 FIRST FLOOR HVAC PLAN 12/31/2003 M102 FIRST FLOOR HVAC PIPING PLAN 12/31/2003 M103 VECHICLE STORAGE BUILDING HVAC & PLUMBING PLAN 2/5/2004 M501 HVAC DETAILS 2/5/2004 M601 HVAC SCHEDULES 2/5/2004 M701 HVAC CONTROLS 12/31/2003 M702 HVAC CONTROLS 12/31/2003 P101 12/31/2003 P501 12/31/2003 P601 12/31/2003 P901 FIRST FLOOR PLUMBING PLAN PLUMBING DETAILS PLUMBING SCHEDULES AND NOTES PLUMBING RISERS 2/5/2004 E001 ELECTRICAL SYMBOL AND LIGHT FIXTURE SCHEDULE 2/5/2004 E101 -L. FIRST FLOOR LIGHTING PLAN 2/5/2004 E101 -P FIRST FLOOR POWER PLAN 2/5/2004 E101 -S FIRST FLOOR SYSTEMS PLAN 2/5/2004 E501 ELECTRICAL DETAILS 2/5/2004 E502 ELECTIRCAL DETAILS 2/5/2004 E601 FT FCTRICAL SINGLE LINE DIAGRAM 2/5/2004 E701 ELECTRICAL PANEL BOARD SCHEDULE 2/5/2004 E702 ELECTRICAL PANEL BOARD SCHEDULE 2/5/2004 ES101 ELECTRICAL SITE PLAN Exhibit "C", Retnce AIA Document A101-1997, •agraph 8.1.7 CITY OF FAYETTEVILLE 2003-035 WATER AND SEWER OPERATIONS CENTER Dee 2003 Fayetteville, Arkansas DOCUMENT 00410 - BID PROPOSAL FORM FROM: JOHN P. MARINONI CONSTRUCTION CO., INC. 1142 N. Futrell Ur. Fayetteville, Ar. /1/US Contractor License No. 003 3 5 00 40 4 (hereinafter called "Bidder") TO: City of Fayemcvillc, Arkansas (hereinafter called "Owctt RE: WATER AND SEWER OPERATIONS CENTER Architect Engineer Project No. 2003-035 The Undersigned, having received and examined the Project. Manual and the Drawings for the above -referenced Project proposes to ftuaish all labor, materials, equipment, supervision and all associated and related items required for the Work, as required by and in strict accordance with the above-named documents for the following sum: 1.1 BASE PROPOSAI Bidder agrees to perform all of the Work necessary to complete the Total Project as described in the Project Manual and indicated on the Drawings for the sum of ,Ge.e.+w?_f. Xi.od',• . S -? tfC Cr 79 (Amount Shall be indicated in oath words and figurer. In case of crepanev, the amount indicated in words shall govern.) ID conformance with Arkansas Act 291 of 1993 (A*k"^sas Statutes § 22-9-212 et seq.) included is the above base proposal is the following line item amount (exclusive of prime bidder's overhead and profit which is in the base bid) for the casts of compliance with requirements of OSHA "Standard Mr Excavation and Trenches Safety System. 29 CFR t926, Subpart P:" 7,e Md. ndon Jfrfl>,Se err S 45V'= (1f trenching and excavation is not rimed indicate the amount of51.00.) 00410-1 BID PROPOSAL FORM ADDENDUM NUMBER • CITY OF FAYETTEVILLE WATER AND SEWER OPERATIONS CENTER Fayetteville, Arkansas 1.2 ALTERNATE PROPOSAL S Bidder agrees to perform all of the Work necessary to complete the Project Manual and indicated on the Drawings for the following amour Bidder tmderstands that the Owner reserves the right to accept or reject if accepted, will be taken in reverse eider as listed. ALTERNATE No. 1; COMPLETE. FIRE ALARM SYSTEM: DEDUCT: • 2003-035 Dec 2003 Altemate(s) as describedis the Ks). Alternate Proposals. Alternates, ALTERNATE No. 2; PIPE RACK; DEDUCT: 1.3 UNIT PRICES The Undersigned agrees that the following UNIT PRICES shall govern chances in the Work, whether they be ADDITIONS or DEDUCTIONS to the Contract Sum required during the course of the Work. Unit Prices shall be the same for Additions or Deductions. AU Unit Prices ;hall be total installed costs including overhead, profit, geotechnical engineering and aU other necessary cosh. Proposing separate add and deduct unit prices shall subject this Bid Proposal to being rejected as "non-responsive." ITEM & UNIT OF MEASUM ADDITION or DEDUCTION (Enter one price only) A. GENERAL EXCAVATIOY: 1. UNDERCUTTING: a Unsuitable material below finished subgrade removed specified fill material per cm yd. in place. and backfUltd with S aL •a b. Unsuitable material below the bottom of footing elevations indicated no the Drnwiags; removed and baesdiiled with specified material per cu. yd. in place. S10 2. UNDERCU 1 iLVG ALLOWANCE: The Contractor shall include in the base bid contract amount an allowance for undercutting of existing unsuitable material and replacement with suitable 1111 material at the above contract unit price far following: (Use the sante unit prices inetteated above in the following allowances to the haw bill contract amount) 00410-2 BID PROPOSAL FORM ADDENDUM NUMBER 2 • 1 CITY OF FAYETTEVILLE WATER AND SEWER OPERATIONS CENTER Fayetteville, Arkansas a. Undercutting below finished win/nide.' 3,000 CY at the unit price indicated in paragraph 1.3A.I.a above - h. Undercutting below bottom of footing elevations. 30 CY at the unit price indicated in paragraph 1.3A.1.b above= 4.31.4 ADDENDA 2003-035 Dec 2003 5 j9 apo 5 400 2 e / Undersigned has received sad examined the following addenda numbered 1(2 / 5 / 04) and has iaccrpornted the provisions in this Bid. 4-41.5 FURTHER CONDITIONS The Undersigned, by submitting this Bid, farther agrees: A. That this Bid shall be valid and may not be withdrawn within 30 days after the scheduled closing time for receiving bids B. To accept the provisions of :he "D4STRUCTIONS TO BIDDERS." C. To enter into and execute a Contact, if awarded on the basis of this Proposal, and to 5.11- sh the Performance Bond and Labor and Material Payment Bond in accordance with the General Conditions of the Contract. THE CONTRACTOR shall ensure that the CITY OF FAYETTEVII,LE receives lien waivers from all subcontractors, sub subcontractors and material suppliers before WORK begins on the PROJECT. THE CONTRACTOR shall give WRITTEN NOTICE to the subcontractors, sub - subcontractors and material suppliers providing WORK on the PROJECT that stain the following: "According to Arkansas law, it is understood that no liens can be filed against public property if valid and enforceable payment and performance bond is in place. regarding this Project and agreement, the valid and enforceable bonds are with (name of surety)Wes tfield inst_rance Co . ." The CONTRACTOR shall have each subcontractor, sub -subcontractor and material supplier execute a written receipt evidencing acknowledgement of this statement. E. To accomplish the Work in accordance with the Contract Documents, of which this Proposal is made a pan. F. To allow any Federal, Stare or Local inspector, acting in their official capacity, access to the project site. That Bidder has included all costs for complying with requirements for paying prevailing wages as determined by Arkansas Deparmunt of Labor and for compliance with Arkansas Code Section 22-9-301 et seq. 00410-3 BID PROPOSAL FORM ADDENDUM NUMBER 2 • 1 CITY OF FAYETTEVILLE. WATER AND SEWER OPERATIONS CENTER Fayetteville, Arkansas 2003-035 Dec 2003 H. Upon receipt of a Notice to Proceed to perform the designated Work expeditiously and with adequate forces to compktion within 365 calendar days, including anticipated weather delay days. L That the Owner will suffer faaacial damage if the Project is tat Substantially Complete on the date mutually agreed upon ss set forth in the Contract Documents. The Undersigned shall pay to the Owner the sum indicted below u mutually agreed upon fixed, agreed, and liquidated damages: S 179.00 per calendar day for each day of delay until the Work is Substantially Compice. J. To coordinate and schedule ail Work with Owner. K. That it is understood that the Owner may reject any or all bids and waive any informalities or irregularities. 4141.6 SUBCONTRACTORS In accordance with Arkansas t:od:, §§ 22-9-204, et sect, of the State of Arkansas, I (We) submit the narnes of the following subcommittees, we propose to use, and their State Contractor License Nos Nuune A. MECHANICAL WORK • HVAC (indicative of beating. air conditioning, and ventilating) '4 7 / C"'F.7y" B. PLUMBLNG WORK C. ELECTRICAL WORK ROOF!'PIG WORK , 'Is,r0 42-0171 ( Include Prime Bidders =TS and license number if Prime Bidder is doing this work itself cold the Prune Bidder's contractor license it quahfledfor this specialty.) 4.61.7 ATTACHMENTS Enclosed with this bid proposal are the following: (Mark all that apply.) LA Bid Security U Power of Attorney for bid bond for the bid. security. 00410-4 BID PROPOSAL FORM ADDENDUM NUMMI.2 • . CITY OF FAYETTEVILLE WATER. AND SEWER OPERATIONS CENTER Fayetteville, Arkansas 2003435 Dec 2003 RespecttWly submitted: Bidder-. JOHN P . MARINONI CONSTRUCTION COMPANY , INC . Ey:( / A ` j—Date: 2/10/2004 Joan r . rrarinotif Tide: C.E.O. at= Address: 1142 N. Futrall Dr. Fayetteville, Ar. 72703 Telephone Number (479) 442-8049 END OF DOCUMENT (SEAL) _ l'IfBid irby) (a Caar :semi 00410-5 SID PROPOSAL FORM ADDENDUM NUMBER2 • • B-H- C • • Bacww • Mile • Cram d• Arnica= 5500 Super Lane. Fon Smith, AR 72903 (501) 452-4000 KNOW ALL MEN BY THESE PRESENTS: That we, and the BID BOND John P. Marinoni Coastrucdon Company, Inc. 1142 North Futrell Drive Fayetteville, AR 72703-1101 Westfield Ioannina Company P. O. Box 5001 Westfield Center, Ohio 44251-5001 duly organized under the laws of the State of Ohio , Salad unto City of Fayetteville. P.O. Box F, Fayetteville. AR 72701 , as Principal, (hereinafter called the "Prtth ), , 1 mtpandm as Surety. (hereinafter called the 'Surety), an held and firmly as Obligee, (hereinafter called the "Obligee", in the sum of FIVE PERCENT (5%) TOTAL AMOUNT BID Dolled (5 (S%) ), for the payment of which sum weft and my to be made, the said Principal and the said Surety. bind ourselves, our heirs, executors, edmth suuota successors and assign, jointly and severally, firmly by these presents. WHEREAS. the Principal has submitted a bid for City of Fayetteville Water & Sewer Operadons Center, in accordance with plana • and specifications prepared by Cromwell Architects & Engineers. NOW. THEREFORE, if the Obligee stall accept the bid of the Principal end the Principal shall enter into a contract with tie Obligee in accordance with the tenni of such bid and give such bond ar bonds as may be specified in the bidding or contract documents with goad and sufficient suety for the faithful performance of such connect and for the proitpt payment of labor and material &uniehed in the pmseo ire thereof. or in the event of the failure of the Principal to enter into such canect and give such bond or bonds, if the Principal shell pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good Sit contrast with another parry to perform the work covered by said bid, that this obligation shall be null and void, otherwise to remain in MI tome and effect. Signed and soiled this 'Ott' day of February A.D.. 2004. Contonns to Amen= Institute of Architects Document A-310, February 1970 Edition I — John P. Marinoni Coestrucdon Cotdpaoy,Jee. Principal . .. ' .(SFA. L) Tide Westfield Insurance Company Suety Scott R. ClarkAttorney-in-Pact (SEAL) • • RIDER WESTFIELD INSURANCE A member etWeraleld amble' Policyholder and/or Bondholder Disclosure: NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the `Acte'). The Act became effective immediately and establishes a temporary Federal program that provides for a system of shared public and private compensation for an "insured loss" resulting from certified acts of foreign "terrorism", as defined under the Act. The Act flrthe:requires that all in -force exclusions for acts of terrorism, as defined in . the Act, already contained in a policy/bond or included as an endorsement in a policy/bond, became nullified as of November 26, 2002. Coverage for acts of terrorism is included in your current policy/bond and/or in any policy/bond quoted far you_ You should Irnow that, effective November 26, 2002, under your existing coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The actual coverage provided by your poiicy/bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your policy/bond, any endorsements to the policy/bond and generally applicable rules of law. During your current policy/bond period, the portion of your premium that is attributable to coverage for acts of terrorism is 50.00. If it becomes necessary to include a premium for terrorism coverage in a future renewal of your policy/bond, you will receive notification of that premium through a separate line in your policy/bond. Should you have any question re "ng this notice, please contact your insurance agent. One Park Cede • P.O. Sox 5001 • Westleld Cern OH 44251-5001 • 1.300.263.0210 • fax 330.887.0840 •.wwrawent elecot.cm AD 8529A 11 02 Vt THIS POWER OF ATTORNEY SUPERCEDES ANYICUS POWER BEARING THIS SAME • DOWER m AND ISSUED PRIOR TO 09129103, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 032O052 O4 General Power of Attorney CERTIFIED COPY Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Wes field Center, Ohio Know All Man oy These Presents, That WE-TFI=O INSURANCE COMPANY. WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARD.t ERS INSURANCE COMPANY, corporations. nereinaner reterree to Individually as a Companyand collets[vely as 'Companies,' duly organized and existing under the laws of the state of Cnio, and having its principal office in Westfield Center, :Aealna County, Ohio, do by these presents make, constitute and aopdint SAM B. HILLER. LARRY R. CLARK. THOMAS L COOLEY, JANICE A. BUTLER. SCOTT R. CLARK MARTY C. CLARK VICCI L HILLER, SHANNON C. SCHMIDLY, BECKY S. TIPTON, JOINTLY OR SEVERALLY of FORT SMITH and State of AR its true and lawful attcney(s)-in-Fact, with full power and authority hereby ,referred in its name, place and stead, :0 execute, acknowledge and ceiver any and all bends, recognizanees, undertakings, or other in thrwt or conoaets of sunstysntp- - - - - - - - - - - - - - - - ' - . -- - . - - . - - - - - - - - • •- • . - - . • . - . . - - LIMITATION: THIS POWER OF ATTORNEY CANNOT 3E USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTTS. OR BANK DEPOSITORY BONDS. and to bind any of the Companies :hereby as fully and to tile same e#ent as it such bonds were signed by the President, sealed with me corporate seal of the appllcaole Company and duly attestec ay its Seaetary, hereoy ratifying and confirming all that the said Attomeyls)-In-Fact may do In the 3remises. Said appointment is made undr and av authcr:ty Of the following resolution adopted by the Board at Directors of each of the WES T FIEL O INSURANCE COMPANY, WESTFIE! J NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: '3e it Resolved, that the President, any Senior Exec tive, any Secretary or any Fidelity & Surety Operations Executive or Linter Executive shall be and is hereby vested with full power and aut.:rn:/ :o a000int any cne or more suitaele persons as Attorney(3)tin-an:; represent and ac vfor and on benalt or me Company subjeC to the following crovistcns: The ACorney-in-Fact may be given full power one aumorty tr and In the name of and on behalf of the Ccmoany, :o exeom, acknowledge and diver, any and all bands, recogmzances, cdnr?3=. agreements of Indemnity and other conditional or obligator) underakings and any and all notices and adcuments canceling or terminating Te Company's Ilaoillty :hereunder, and any such instruments so a. -utad by any such Attorney -fn -Fact snail he as binding uaon the Company as it signed by One President and sealed and attested by the Corporate Secretary.' -Se it Further Resolved, that the signature of any ZLG.i designated aerson and the seal of the Company neretotore or nereafer affixed to any power of attorney or any certiticate relating thrC= 3y :aaimile, and any power of attorney or certificate bearing facsimile signatures or faesimUe' seal snail oe valid and binding upon the Company Own respect to any bond or Undertaking to which it is attaCled. ;Earn adopted at a meeting held on Feoruary 8. 2000). In Witness Whereof, WESTFiELD INSURANCE CCM?ANY, WESTF!E! D NATIONAL INSURANCE COMPANY and CHIC FARMERS INSURANCE COMPANY have caused these presents to be signed cy ]heir Senior Executive and their corporate seals to be hereto arzec this 29th day of SEPTEMBER A.C., 2003 . . —It... Wrparata +' gR r, '•••IONA�1 WESTFIELD INSURANCE COMPANY Seals '�\M.---•.qC +. ' "";'+. !r ----.'.'v' WESTFIELD NATIONAL INSURANCE COMPANY Amxaa•=.,; +. .o.• _•G\ `?•' •• ' OHIO FARMERS INSURANCE COMPANY SEAL)) _ �; SERI,: -n: c�uxr�F ;- - °t: a . ti; ;v+4 l: ;'^= 1848 :�: '4SLa49z. 1-rJ-'•.�- Wit% t j 'l ... :.�'7_ -�'. - �- ems• O ii •ry State of Chid ••••""•••••I•••`• By. County at .Medina ss.: Richard L, Kinnaird, Jr., Senior cr_rtdve On this 29th day of SEPTEMBER A.C., 2003 , before me personally came Richard L. Kinnatrd, Jr. to me nown, who, being by me duty sworn, aid aeoOSe and say, that he restates in Medina. Ohio: that he Is Senior Executive et WESTFIELD INSURANCE COMPANY, WESTFIELD NATICNAL INSURANCE COMPANY and CHIC FARMERS INSURANCE COMPANY, the companies described in and wnic, executed the above instrjment: that ne knows the seals of said Companies: tat :he seals affixed :0 said Instrument are such corporate seals; Tat they were so affixed by order at the boards of Directors of said Ccmcanlrs: and tat tie signed his name thereto by like order. seal .•�`pt A.L .\ • William J. Kahelin. A may at Law. Notary Public State of Ohio '- ut !.{a My Commission Does Not Expire (Sec 1a7.C3 Ohio Revised Code) County at Medina ss.: cc �r 1, M. Brooks Rorapaugh, Secretary of wESTFIEL NSURANCE COMPANY, WESTFIELD NATIONAL ! NSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby cry hat the above and toregoing is a true and correct copy of a Power at AComey, executed by said Corrioanies, which is stilt !n full torte and ettea and :urhermore, :he resolutions of the Boards of Directors, set Cu::n the Power of Attorney are in SiU force one effect. In Witness Whereof, I have hereunto set my na.C and affixed :he seals of said Companies at Wearfod Camel. Chia, tills 10thday of February A.D., 2OO4 `"- ,5LM�'•o SF.Ai, WTEgE �: OtE WS, ja , : m:, :m: act s3 :F? t. y•. :1 ,�:, 1848 . ate: M. Brooks Rorapaugh, Secreaary L9/'•.` err `, :J: .. !c 3POAC2 (combined) (06-02) WESTFIELD INSURANCE COMPANY D06 ID> 007051580010 TVDe• LIE Westfield Center, Ohio 44251-5001 FeeoAmt: $8.001Pace4 lat of 10 03:35:52 PM Washinaton County. AR Bette Stamps Circuit Clerk AIA Document A312 FileB026-00000574 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): John P. Marinoni Construction Company, Inc. 1142 North Futrall Drive Fayetteville, Arkansas 72703 OWNER (Name and Address): The City of Fayetteville 113 W. Mountain SURETY (Name and Principal Place of Business): WESTFIELD INSURANCE COMPANY Westfield Center, Ohio 44251-5001 Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: March 2, 2004 Amount: Three Million Four Hundred Three Thousand One Hundred Ninety -Nine and 00/100 Dollars ($3,403,199.00) Description (Name and Location): City of Fayetteville Water and Sewer Operations Center BA�cNgtect Engineer Protect No. 2003-035 Date (Not earlier than Construction Contract Date): March 2, 2004 Amount: Three Million Four Hundred Three Thousand One Hundred Ninety -Nine and 00/100 Dollars ($3,403,199.00) Modifications to this Bond: W None [ See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: John P. Marinoni Construction Company, Inc. Company: WESTFIELD INSURANCE COMPANY (Corporate Seal) (Corporate Seal) Signature: V Name and Title: John P. Marinoni 60 Name an itle: Scott R. Clark Attomey-in-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY — Name, Address and Telephone) AGENT or BROKER: Owner's Representative (Architect, Engineer or other party): Brown -Hiller -Clark & Associates Cromwell Architects Engineers, Inc. P.O. Box 3529 101 S. Spring Street Fort Smith, AR 72913 Little Rock, AR 72201 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1980 ED. • NA® PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006 • A312-1984 4 BD 5971 (07-2003) J • • I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement AB1 DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. • AIA ® PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20008- A312-1984 5 BD 5971 (07-2003) • S shall be deemed deleted herefrom and provisions or rental equipment used in the Construction Contract, conforming to such statutory or other legal requirement architectural and engineering services required for shall be deemed incorporated herein. The intent is that this performance of the work of the Contractor and the Bond shall be construed as a statutory bond and not as a Contractor's subcontractors, and all other items for common law bond. which a mechanic's lien may be asserted in the 14 Upon request by any person or entity appearing to be jurisdiction where the labor, materials or equipment a potential beneficiary of this Bond, the Contractor shall were furnished. promptly furnish a copy of this Bond or shall permit a copy 15.2 Construction Contract: The agreement between to be made. the Owner and the Contractor identified on the signature page, including all Contract Documents and 15 DEFINITIONS changes thereto. 15.1 Claimant: An individual or entity having a direct 15.3 Owner Default: Failure of the Owner, which has contract with the Contractor or with a subcontractor of neither been remedied nor waived, to pay the the Contractor to furnish labor, materials or equipment Contractor as required by the Construction Contract or for use in the performance of the Contract. The intent to perform and complete or comply with the other terms of this Bond shall be to include without limitation in the thereof. terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: Address: SURETY (Corporate Seal) Company: Signature: Name and Title: Address: (Corporate Seal) AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA a PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE„ NW., WASHINGTON. D.C. 20008• A312-1984 6 THIRD PRINTING' MARCH 1987 BD 5971 (07-2003) • • Id WESTFIELD INSURANCE A member of Westfield Group"' RIDER Policyholder and/or Bondholder Disclosure: NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act became effective immediately and establishes a temporary Federal program that provides for a system of shared public and private compensation for an "insured loss" resulting from certified acts of foreign "terrorism", as defined under the Act. The Act further requires that -all in -force exclusions for acts of terrorism, as defined in the Act, already contained in a policy/bond or included as an endorsement in a policy/bond, become nullified as of November 26, 2002. Coverage for acts of terrorism is included in your current policy/bond and/or in any policy/bond quoted for you. You should know that, effective November 26, 2002, under your existing coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The actual coverage provided by your policy/bond for acts of terrorism, as is _true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your policy/bond, any endorsements to the policy/bond and generally applicable rules of law. During your current policy/bond period, the portion of your premium that is attributable to coverage for acts of terrorism is $0.00. If it becomes necessary to include a premium for terrorism'coverage in a future renewal of your policy/bond, you will receive notification of that premium through a separate line in your policy/bond. Should you have any question regarding this notice, please contact your insurance agent. One Park Cirde • P.O. Box 5001 • Westfield Centet OH 44251.5001 •1.800243.0210 • fax 330.887.0840 • wwwwesdleldgtpsom AD 8529A 1102 TPJS POWER OF ATTORNEY SUPERCEDES AHLPREVIOUs POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 0929/03, 'NY PERSON OR PERSONS NAMED BELOW. General Power of Attorney CERTIFIED COPY • POWER NO. 0320052 04 Westfield. Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint SAM B. HILLER, LARRY R. CLARK, THOMAS L COOLEY, JANICE A. BUTLER, SCOTT R. CLARK, MARTY C. CLARK, VICCI L HILLER, SHANNON C. SCHMIDLY, BECKY S. TIPTON, JOINTLY OR SEVERALLY of FORT SMITH and State of AR its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - - - - - - - - - - - - - • - - - . . . - - • - - - - - • - - - - - . . . - - - - - . . . - - - - - - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 29th day of SEPTEMBER A.D., 2003 Corporate \a�'..WRA•VC%' nooNAL/N•'• ,r \N_SUIP ;'•o WESTFIELD INSURANCE COMPANY 44 6 •- 2;•'' s + WESTFIELD NATIONAL INSURANCE COMPANY Affixed ;f .Y. ?Fp O: '.,p?; a+ �1}�. _ .'• ;Cry.", j-•,'. ne s� OHIO FARMERS INSURANCE COMPANY 5 Mi SEAi. ry 2�- : SEAL :m_' :o: eee f 5, fp %3. 1848 1846• ,y State of Ohio ,.• By: County of Medina ss.: Richard L. Kinnaird, Jr., Senior Executive On this 29th day of SEPTEMBER A.D., 2003 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial ••„,„W,Wrrr,•. �� /� • ��,�� / f / / . Seal at A L. $'4�' ////n/V///'t//I '/�/////)vcl(//{///✓'a. Affixed ,�P-. S 2 • William J. Kahelin, A rney at Law, Notary Public State of Ohio : N o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: I, M. Brooks Rorapaugh, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my I March A.D., 20041 aM arrrm•WT ,V,anuurrry„ URA4d•'t "P4oNAi, /N �i �t� tOi =iy: p 1 SEAL n _ N SEAL gym_ -.•r Y .. . land and affixed the seals of said Companies at Westfield Center, Ohio, this 2nd day 01 „nr,»,rvie, , r r��e 1NSU$G , vWMTERfO`t3ca act %\ 184a $ ' M. Brooks Rorapaugh, Secre ry •no .... �•j BPOAC2 (combined) (06.02) C� C WESTFIELD INSURANCE COMPANY Westfield Center, Ohio 44251-5001 Bond No.5956028 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): John P. Marinoni Construction Company, Inc. 1142 N. Futrall Drive Fayetteville, Arkansas 72703 OWNER (Name and Address): The City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: March 2, 2004 Amount:%m Millim Fow IuodtedThrteTFnjund One Ilun,d Ninety Nine•M 00/U]IbIWg5].a1q,199.W) Description (Name and Location): City of Fayetteville Water and Sewer Operations Center Architect Engineer Project No. 2003-035 SURETY (Name and Principal Place of Business): WESTFIELD INSURANCE COMPANY Westfield Center, Ohio 44251-5001 BOND Date (Not earlier than Construction Contract Date): March 2, 2004 Amount: Three Million Four Hundred Three Thousand One Hundred Ninety -Nine and 00/100 Dollars ($3,403,199.00) Modifications to this Bond: [ii] None [ See Page 3 CONTRACTOR AS PRINCIPAL Company: John P. Marinoni Construction Company, Inc. (Corporate Seal) Signature: VC /*e, C4tO ^--+, Name and Title: John P. Marinoni CGo (Any additional signatures appear on page 3) (FOR INFORMATION ONLY — Name, Address and Telephone) AGENT or BROKER: Brown -Hiller -Clark & Associates P.O. Box 3529 Fort Smith, AR 72913 SURETY Company: WESTFIELD INSURANCE COMPANY (Corporate Seal) Signature: Name an t e: Scott R, Clark Attorney -in -Fact Owners Representative (Architect, Engineer or other party): Cromwell Architects Engineers, Inc. 101 S. Spring Street Little Rock, AR 72201 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 6 PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 • A312-1984 1 THIRD PRINTING • MARCH 1887 BD 5971 (07-2003) 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractors Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or nonperformance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS, 1705 NEW YORK AVE., NW,, WASHINGTON, D.C. 20008. A312-1984 2 THIRD PRINTING' MARCH 1887 BD 5971 (07-2003) 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: Name and Title: Address AU\ DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEWYORK AVE., NW. WASHINGTON, D.C. 200%• A312-1984 3 THIRD PRINTING MARCH 1987 BD 5971 (07-2003) S �. WESTFIELD INSURANCE A member of Westfield Group"' RIDER Policyholder and/or Bondholder Disclosure: NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act became effective immediately and establishes a temporary Federal program that provides for a system of shared public and private compensation for an "insured loss" resulting from certified acts of foreign "terrorism", as defined under the Act. The Act further requires that all in -force exclusions for acts of terrorism, as defined in the Act, already contained in a policy/bond or included as an endorsement in a policy/bond, become nullified as of November 26, 2002. Coverage for acts of terrorism is included in your current policy/bond and/or in any policy/bond quoted for you. You should know that, effective November 26, 2002, under your existing coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The actual coverage provided by your policy/bond for acts of terrorism, as is true -for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your policy/bond, any endorsements to the policy/bond and generally applicable rules of law. During your current policy/bond period, the portion of your premium that is attributable to coverage for acts of terrorism is $0.00. If it becomes necessary to include a premium for terrorism` coverage in a future renewal of your policy/bond, you will receive notification of that premium through a separate line in your policy/bond. Should you have any question regarding this notice, please contact your insurance agent. One Part Circle • P.O. Box 5001 • Westfleld Center 0)144251-5001 •1,800143,0210 • fax 330.887.0840 • www.westfkidgrysom AD 8529A 1102 THIS POWER OF ATTORNEY SUPERCEDES I1M PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 09/29/03, ANY PERSON OR PERSONS NAMED BELOW. I General Power of Attorney CERTIFIED COPY • POWER NO. 0320052 04 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint SAM B. HILLER, LARRY R. CLARK, THOMAS L COOLEY, JANICE A. BUTLER, SCOTT R. CLARK, MARTY C. CLARK, VICCI L. HILLER, SHANNON C. SCHMIDLV, BECKY S. TIPTON, JOINTLY OR SEVERALLY of FORT SMITH and State of AR its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - .- - - - - - - - - - - - - - -- - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact, may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional "or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary? wBe it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached? (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 29th day of SEPTEMBER A.D., 2003 Corporate ..SY RAp *t, ;`••Z\ON�It/°', Seals O'., C P.......,,Ny: Affixed .......�i . �•!FQ •L9 'tr tpYl =�: '':Z, 3<.SEt�I. N L Mrr•IJ,,t Jt • .!• State of Oh •'••'••,•„,•„•".•.�.: County of Medina ss.: WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY =Q��p�� OHIO FARMERS INSURANCE COMPANY 1 t Mrti1Q SO ;Vr •:fi3 '3'. - 1848 - ( /1 Richard L. Kinnaird, Jr., Senior Executive On this 29th day of SEPTEMBER A.D., 2003 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument: that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial . ••,yrxw,yS C�� Seal William J. Kahelin, A rney at Law, Notary Public State of Ohio : Nraw^�4ilz) My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: `•.y I, M. Broo ks Rorapaugh, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 2nd day of March A.D., 7004. SEAL 'b1 N; SEAL a'.#� :y• I' 3•.• 1848 •:� M. Brooks Rorapaugh,• Secre ry JJ BPOAC2 (combined) (06.02) T DATE(MMIDD/1'YYY) ACORD_ CERTIFICAT F LIABILITY INSURAN• MAOPID RIN-1 I 03/10/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown -Hiller -Clark S. Assoc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5500 Euper Lane P. O. Box 3529 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Smith AR 72913-3529 Phone:479-452-4000 Fax:479-484-5185 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA Cincinnati insurance COW,any 10677 INSURER B: American ema Insurance Co. John P. Marinoni Construction Company Inc. 1142 North Futrall Drive Fayetteville AR 72703-1101 INSURER c: Fireman's Fund McGee INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INK LTR UUL NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTTVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000 A COMMERCIAL GENERAL LIABILITY CPP0738668 11/01/03 11/01/04 X PREMISES(Eaocarence) $ 500,000 CLAIMS MADE X� OCCUR MED EXP (Any ane person) $10,000 X PERSONALSADV INJURY $1,000,000 PER PROJECT GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY CT PRO LOC JE A- AUTOMOBILE LIABILITY ANY AUTO CPP0738668 11/01/03 11/01/04 COMBINED (Ea B EO SINGLE LIMIT aBDl) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE_ (Per accident) $ GARAGE LIABILITY `"' AUTO ONLY- EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE— $ OCCUR CLAIMS MADE AGGREGATE $ S $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS'ILITY ANVPROPROPRIETORIETOR/PARTNER/EXECUTIVE WC3112642 11/01/03 11/01/04 WCSTATU- ITORY LIMITS UIH- ER E.L. EACH ACCIDENT $500000 E.L. DISEASE - EA EMPLOYEE $500000 OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $500000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS (VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECT: City of Fayetteville Water and Sewer Operations Center CERTIFICATE HOLDER CANCELLATION CITY -12 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Fayetteville 113 West Mountain Street Fayetteville AR 72701 IMPOSE NO OBLIGATION OR LIABI QF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. / n ACORD • City of Fayetteville, Arkansas • Budget Adjustment Form Budget Year Department: Water & Wastewater Date Requested Adjustment Number 2004 Division: Water & Sewer Maintenance Program: Capital Water Mains 3/2/2004 Project or Item Requested: Project or Item Deleted: $128,235 is requested in the Water & Wastewater None. $128,235 from the Water & Sewer Use of Fund Operations Center. Balance account. Justification of this Increase: The increased funded is needed for the construction contract with Marinoni Construction, Inc. Justification of this Decrease: There is sufficient funding available to comply with City policy. Increase Budget (Decrease Revenue) Account Name Account Number Amount Project Number Building costs 5400 5600 5804 00 128,235 98076 1 Decrease Budget (Increase Revenue) Account Name Account Number Amount Use of fund balance Approval Signatures 5400 0940 4999 99 128,235 Type: A Project Number Budget Office Use Only B C EIII E Date i)24'.Y Date of Approval Dat 2.—' 7-t? f Posted to General Ledger Date Posted to Project Accounting /7/Dy�3 Entered in Category Log Date Initial Date Initial Date Initial Date Initial Date NAME OF FILE: Resolution No. 35-04 CROSS REFERENCE: Item # Date Document 1 02/18/04 memo to mayor and city council 2 02/25/04 letter from Cromwell copy of proposed agreement 02/10/04 memo to Subdvision Committee 03/01/04 copy of Water & Wastewater Operations Center project budget 02/10/04 copy of bid tabulation draft resolution 02/19/04 Staff Review Form 03/03/04 email to Gregg Boettcher 03/12/04 fax to Thad Kelly 03/22/04 memo to Greg Boettcher NOTES: City Council Meetg of February 17, 2004 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Hugh Earnest, Chief Administrative Officer From: Greg Boettcher, Water/Wastewater Director N� Date: February 18, 2004 Subject: Resolution approving a contract with Marinoni Construction, Inc. for Water and Wastewater Operations Center at Industrial Drive RECOMMENDATION Fayetteville City Administration recommends approval of an authorization totalling $3,628,358.00, said amount including a contract with Marinoni Construction, Inc. of Fayetteville, Arkansas in the amount of $3,403,199.00 with $225,159.00 for contingent needs as detailed in the March 2004 project budget. BACKGROUND On April 23, 2003 the Fayetteville City Council approved a $237,490.00 contract with Cromwell Architects Engineers, Inc. for architectural services related to the design and construction of a new Fayetteville Water and Wastewater Operations Center. This approval included a 9.5% contingency of $22,510.00 bringing the total funding to $260,000.00. As of this date, the services have not utilized any of the contingency funds, the work underrunning predicted reimbursable expenses by $17,000.00. Through the bidding phase of this project the professional services component of this project is below the approved contract amount; the consultant also meeting the contract's schedule requirements. This design relates to a new operations center on approximately 61 acres, said land being located at the end of Industrial Drive in the South Industrial Park. The architect submitted this development plan under a large scale development review process, securing approval from the Planning Division on November 13, 2003. Final costruction drawings, contract documents and specifications were furnished to the City of Fayetteville on January 5, 2004 in conformance with the schedule in the architectural services agreement. The project has been released for competitive sealed construction bids with a bid opening date of February 10, 2004. The City of Fayetteville received six bids for the construction of the Water and Wastewater Operations Center, a copy of the architect's bid tabulation being attached hereto. Review of the bids, bidder qualifications, bid alternatives and bid prices, has been performed by Cromwell Architects Engineers Inc, with the firm providing a formal contract award recommedation, a copy of which is attached hereto. • City Council Meet' of February 17, 2004 Agenda Item Number It is recommended that the contract be awarded to Marioni Construction, Inc. of Fayetteville, Arkansas in the amount of $3,403,199.00. The time for completion of the work is 365 calendar days after the Notice to proceed with liquidated damages set at $176.00 per day. BUDGET IMPACT The $3,628,358.00 fiancial commitment for the new Water and Wastewater Operations Center is has been reconciled with the 2003 preliminary cost predictions of $3 million, the difference in cost being attributed to refinement of the building program to meet actual needs, unforseen costs associated with subsurface conditions, fire sprinkler requirements and current pricing factors. The recommended budget for this project requires a budget adjustment of $128,235.00 from the water and wastewater fund balance. The water and wastwater department budgets for 2004 include separate allowances for office furnishing costs, warehouse shelving and other related expenses to render the building fully functional. 02/25/2004 11:28 FAX 501 372 29OO CR0MWELL A/E 1a 002 • CROMWELL AJKTIECTS ENGINEERS February 25, 2004 Mr. Greg Boettcher City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Re: Water & Sewer Operations Center A/E Project No. 2003.035 Dear Mr. Boettcher: We recommend that the City of Fayetteville award a construction contract on the Water & Sewer Operations Center to John P. Marinoni Construction Co., Inc., 1142 N. Futrall Drive, Fayetteville, AR 72703. Marinoni was the certified low bidder on the project that bid on February 10, 2004. After checking references and the prior experience of this contractor, we have every reason to believe that Marinoni will construct the project in accordance with the contract. While this recommendation is no guarantee that the contractor will perform, we have no reason to believe otherwise. This letter confirms Marinoni's qualifications to perform the work. Sincerely, Lu Charles J. President c. Thad Kelly CROMWELL ARCHITECTS ENGINEERS 101 S. SPRING STREET LITTLE ROCK. ARKANSAS 72201-2490 (501) 372.2900 FAX (501) 372-04R2 I — T a °•A1 Document A101'" —1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM I AGREEMENT. made as of the Second (2nd) day of March in the year of Two Thousand Four (2004) (In words, indicate day. month and year) I. BETWEEN;the Owner:City: (Name, address and other information) The City -of Fayetteville • - 113W: Mountain :'Fayetteville. Arkansas • and the Contractor. (Name, address and other information) John P-Marinoni Construction Co.. Inc 1142Nf Futrall Drive :Fayetteville: Arkansas 72703 •- The Project is: .. ; (Nameandlocation) City of Fayetteville Water and Sewer Operations Center • Architect Engineer Project No. 2003-035 The Architect, is: (Name, address and other information) Cromwell Architects Engineers. Inc. _ 101 S. Sprin g Sg treet Little Rock..Arkansas 72201 The l3wner-Cily and Contractor agree as follows. This document has important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted In this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AjA Document A1101ra -1997. Copyright 01915,1918.1925,1937.1951,1958, 1961, 1963, 1967. 1974, 1977, 1980, 1987, 1991 and 1997 by Tire American Institute of Architects. All rights reserved WARNING: This AlA° Document Is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maxbnum extent possible under the law. This document was produced by AIA software at 10:29:04 on 02/2012004 under Order No.1000098206_2 which expires on 21132005, and is not for resale. Ur Notes: (4046534462) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other • Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed inthis Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated inthe.Contract Documents to be the responsibility of others. ARTICLE 3,: DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The dateof commencement of the Work shall be the date of this Agreement unless a different date is stated below or, provision is made for the date to be fixed in a notice to proceed issued by the 9wnor.City. ;(IA serf the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The-date:of commencement to be established in a written Notice to Proceed issued by the Architect Engineer. If, prior to the commencement of the Work, the Owner City requires time to file mortgages, mechanic's liens and otheosecurity interests, the Owner's City's time requirement shall be as follows: ADolicable §3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The: Contractor shall achieve Substantial Completion of the entire Work not later than 365 days from the date of commencement, or: as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial - .Completion of certain portions of the Work) FoRf9N of Work Substantial- Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time orfor bonus payments for early completion of the Work.) $1_ 7900 per calendar day for each day of delay until the Work is Substantially Complete ARTICLE 4.L CONTRACT SUM §41 The it shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Three Million Four Hundred Three Thousand One Hundred Ninety - Nine ($ 3.403.199.00 ), subject to additions and deductions as provided in the Contract Documents. §4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owuer:City; (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner City subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) Deductive Alternate No. One (1) Complete Fire Alarm System -($10200.00) AIA Document A101nr -1997. Copyright @1915.1918.1925.1937.1951 4 1958,1961.1963, 1967, 1974, 1977, 1980, 1987. 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This A1A Document Is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of this AIAA Document, or any portion of it may result in severe civil end criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:29:04 on 02/20/2004 under Order No.' 000098206_2 which expires on 2/1342005, and is not for resale. User Notes: (4046534462) I Deductive Alternate No. Two (2) Pipe Rack -($46.000.00) 1. Undercutting allowance • • Undercut below finished subgrade 3.000 cv at the unit price -($39.000.00) • Undercut below bottom of footin sg 30 cy at the unit price -($600 00) '§ 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) Undercutting unit price: • Below finished subgrade 1$300 • Below bottom of footing elevations $20.00 ARTICLES PAYMENTS §'5.1 PROGRESSPAYMENTS § 5.1.1Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issuedby the Architect, the OwnecCity shall make progress payments on account of the Contract Sum to theContractor as provided below and elsewhere in the Contract Documents. § 5111 Theperiod covered by each Application for Payment shall be one calendar month ending on the lost day e tho Month; or agfollowm - -I twenty-fif)h(25t°) day of the month. • § 5:1.3 Provided that an Application for Payment is received by the Architect not later than the twenty-fifth (25°) day :dla month, the 9wnerl-,itv shall make payment to the Contractor not later than the twenty-fifth (25th) day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner City not later than thirty ( 30 ) days after the Architect receives the Application for Payment. _ - § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor, in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract 'Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment § 5.1.5Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the endof the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of ten percent )-10%). Pending final determination of cost to the Ownef-City of changes in the Work, amounts not indispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in.advance by the Owner, City, suitably stored off the site at a location agreed upon in writing), less retainage of ten cercent ( 10% ); 3 Subtract the aggregate of previous payments made by the Owner; City: and AIA Document AlOlnr -1997. COPyrighl 01915,1918.1925, 1937, 195 d '958,1961, 1963, 1967, 1974, 1977. 1980, 1987, 1991 and 1997 by The American institute of Architects. All rights reserved. WAHNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA• Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted tolhe maximum extent possible under the low. This document was produced by AtA software at 10:29:04 on 02/20'2004 under Order No.1000098206 2 which expires on 2/13/2005, and is not for resale. User Notes: (4046534462) .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under -the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount -ninety-five percent (95%) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 ofAJA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-1997. '§ 5.1.8'Reductionor limitation: of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting front the percentagesinserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) Reference Section 9.3 2 of General Conditions § 5.1.9 Except with the Owner's City's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL,PAYMENT 5.21 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owne.-City to!thc:Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 52.2 The Owner'c City's final payment to the Contractor shall be made no later than 30 days after the issuance of the' Architect's. final Certificate for Poymont, or as follow�:Pa m ARTICLE 6 TERMINATION OR SUSPENSION § 6.1rThe Contract may be terminated by the Qwner-City or the Contractor as provided in Article 14 of AIA Document A201-1997. § 6.2 The Work may be suspended by the Qw.eeCity as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS • § 7.1. Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document; the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. . 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) AIA Document A701r' -1997. Copyright O1915, 1918,1925,1937,1951,1958.1961, 1963, 1967.1974,1977,1980.1987,1991 and 1997 by The American institute of kchllects. All rights reserved. WARNING: This AlA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:2904 on 02/20/2004 under Order No. 1000098206_2 which expires on 2113r2U05, and is net for resale. User Notes: (4046534462) I -Nointerest shall be paid on late payments, (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Awner Citv's and Contractor's principal places of business, the location of the • Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) §13 The Owner City's representative is: (Name, address and other information) The Honorable.Dan Coody City of Fayetteville 113 W Mountain Street FFayetteville., Arkansas 72701 § The Contractor's representative is: (Name,: address and other information) John P. Marinoni • JohmP. Marinoni Construction Company, Inc. 1142N: Futrell Drive Fayetteville, Arkansas 72703 § 7.5 Neither the Owners -City's nor the Contractor's representative shall be changed without ten days written notice to the other party. §:7.6.Other provisions: None ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: §8.11 -The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner City and Contractor; AIA Document A101-1997. § 8.12 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997. I§ 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated .. —December 31. 2003. and are as follows Document - Title Pages Section 00800 Supplementary Conditions S • § 8.1.4 The. Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either"istthe Specifications here or refer to an exhibit attached to this Agreement) Sections Title Pages Title of Specifications exhibit Reference Exhibit "A". attached § 8.1.5 The Drawings are as follows, and are dated December 31. 2003 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date Title of Drawings exhibit: Reference Exhibit "B". attached AIA Docunwnt AWla-1997. Copyright 01915,1918. 1925, 1937, 1951 l95a, 1961, 19a3, 19e,', 1ar4, lair, lllau, lash Ivy' ama rear oy i no America, Institute of Amhilec s. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 102994 on 0220/2004 under Order No.1000098206 2 which expires on 213/2005, and is not for resale. User Notes: (4046534462) § 8.1.6 The Addenda, if any, are as follows: Number Date Pages Addenda No. One (1) Febntary 5.2004 284 Addenda No. Two (2) February 6. 2004 34 Portions of Addenda relating to bidding requirements arc not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. § 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: .. (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not pan of the Contract Documents unless enumerated in this Agreement. They • should be listed here only if intended to be part of the Contract Documents.) •Exhibit Table fo Contents Exhibit"W Index of Drawings Exhibit "C" (2ontractor's Bid Proposal This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the -remainder to the Owner -City. A M4-nrara _ _CITY (SignatureL (Printed name and title) . I CITY (Signature) (Printed name and title) (Printed name and title) AlA Document A101 ar -1997. Copyright O 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963.1967,1974, 1977. 1980. 1987, 1991 and 1997 by The American Institute of ArcNtects. All rights reserved. WANMNG: This AIA' Document is protected by U.S. Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution at this AlAA Document, or any portion of IL may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:29:04 on 0212072004 under Order No.1000098206 2 which expires on 2/132005, and Is not for resale. User Notes: (4046534462) Exhibit "A", ReIence AIA Document A101-1997, paripaph 8.1.4 CITY OF FAYETTEVILLE 2003-035 WATER AND SEWER OPERATIONS CENTER Dec 2003 Fayetteville, Arkansas TABLE OF CONTENTS Certifications Table of Contents BIDDING REQUIREMENTS AND CONTRACT FORMS 00100 Bid Solicitation 00200 Instructions to Bidders AIA Document A701-1997, Instructions To Bidders 00300 Information Available To Bidders Geotechnical Report 00410 Bid Proposal Form 00700 General Conditions AIA Document A201-1997, General Conditions Of The Contract For Construction 00800 Supplementary Conditions 00860 Wage Rates Requirements Prevailing Wage Determination ARK FORM PW-2 Request For Determination of Prevailing Wage Rates Omitted Classifications DIVISION 1- GENERAL REQUIREMENTS 01100 Summary 01210 Allowances 01230 Alternates 01250 Contract Modification Procedures 01270 Unit Prices 01290 Payment Procedures 01310 Project Management And Coordination 01320 Construction Progress Documentation 01322 Photographic Documentation 01330 Submittal Procedures 01390 Project Forms AIA A310 Bid Bond (1970) AIA A312 Performance Bond and Labor and Materials Payment Bond (1984) CSI 1.5A Subcontractors and Major Material Suppliers List (1994) CSI 12.1A Submittal Transmittal (1996) CSI 13.1A Substitution Request (1996) CSI 13.2A Request For Interpretation (1994) CSI 14.1 A Punch List (1996) 01400 Quality Requirements 01420 References 01425 Definitions 01500 Temporary Facilities And Controls 01600 Product Requirements 01700 Execution Requirements 01731 Cutting And Patching 01770 Closeout Procedures 01781 Project Record Documents 01782 Operation And Maintenance Data Page - I TABLE OF CONTENTS CITY OF FAYETTEVILLE WATER AND SEWER OPERATIONS CENTER Fayetteville, Arkansas 01810 General Commissioning Requirements 01815 HVAC Commissioning Requirements 01820 Demonstration And Training DIVISION 2- SITE CONSTRUCTION 02080 Piped Utilities - Basic Materials And Methods 02230 Site Clearing 02231 Tree Protection And Trimming 02240 Dewatering 02260 Excavation Support And Protection 02281 Termite Control 02300 Earthwork 02510 Water Distribution 02553 Natural Gas Distribution 02630 Storm Drainage 02741 Hot -Mix Asphalt Paving 02751 Cement Concrete Pavement 02764 Pavement Joint Sealants 02821 Chain -link Fences And Gates 02920 Lawns And Grasses 02930 Exterior Plants DIVISION 3- CONCRETE 03310 Concrete Work DIVISION 4- MASONRY 04200 Unit Masonry DIVISION 5- METALS 05320 Metal Decking - Floor (Composite) 05400 Light Gage Metal Framing 05500 Miscellaneous Metals DIVISION 6- WOOD AND PLASTICS 06100 Rough Carpentry 06400 Architectural Woodwork DIVISION 7- THERMAL AND MOISTURE PROTECTION 07200 Building Insulation 07270 Firestopping 07411 Metal Roof Panels 07412 Metal Wall Panels 07600 Flashing And Sheet Metal 07920 Joint Sealants DIVISION 8- DOORS AND WINDOWS 08100 Steel Doors And Frames 08331 Overhead Coiling Doors 08361 Sectional Overhead Doors 08411 Aluminum -Framed Entrances And Storefront 2003-035 Dec 2003 Page -2 TABLE OF CONTENTS C1 • CITY OF FAYETTEVILLE WATER AND SEWER OPERATIONS CENTER Fayetteville, Arkansas 08710 Door Hardware 08800 Glass And Glazing 08952 Fiberglass -Sandwich -Panel Assemblies DIVISION 9- FINISHES 09253 Gypsum Sheathing 09260 Gypsum Board Assemblies 09510 Acoustical Ceilings 09653 Rubber Wall Base 09672 Seamless Monolithic Aggregate Polymer Flooring (SMAP) 09900 Painting DIVISION 10 - SPECIALTIES 10200 Louvers And Vents 10155 Toilet Compartments 10522 Fire Extinguishers And Cabinets 10800 Toilet Accessories DIVISION 11 - EQUIPMENT NOT APPLICABLE DIVISION 12 - FURNISHINGS 12491 Horizontal Louver Blinds DMSION 13 - SPECIAL CONSTRUCTION 13120 Metal Building System 13851 Fire Alarm 13930 Sprinkler Systems DIVISION 14- CONVEYING SYSTEMS NOT APPLICABLE DIVISION 15 - MECHANICAL 15010 Basic Mechanical Requirements 15060 Hangers And Supports 15070 Mechanical Vibration Control 15071 Seismic Protection 15075 Mechanical Identification 15080 Mechanical Insulation 15105 Basic Piping 15110 Valves 15120 Piping Specialties 15140 Domestic Water Piping 15150 Sanitary Waste And Vent Piping 15160 Storm Drainage Piping 15180 Hydronic Piping 15185 Equipment Vents & Drains 15190 Natural Gas 15410 Plumbing Fixtures 15425 Plumbing Specialties 2003-035 Dec 2003 Page -3 TABLE OF CONTENTS CITY OF FAYETTEVILLE WATER AND SEWER OPERATIONS CENTER Fayetteville, Arkansas 15546 Water Treatment 15550 Breechings, Chimneys, And Stacks 15700 HVAC Equipment 15811 Ductwork 15840 Air Terminals 15850 Diffusers, Registers, And Grilles 15910 Direct Digital Control Systems 15950 Testing, Adjusting, & Balancing DIVISION 16 - ELECTRICAL 16000 Electrical - General Provisions 16010 Electrical 16100 Basic Materials And Methods - Identification 16130 Conduits 16140 Outlet Boxes 16150 Pull Boxes & Junction Boxes 16160 Pulling Cables 16170 Wire And Cables 16190 Equipment Disconnect 16191 Overcurrent Protective Devices 16192 Wiring Devices 16200 Power Generation 16400 Service And Distribution - Metering 16410 Grounding 16420 Service Disconnects 16421 Transient Voltage Surge Suppressor 16440 Panelboards 16500 Lighting 16722 Cable Television END TABLE OF CONTENTS 2003-035 Dec 2003 Page -4 TABLE OF CONTENTS Exhibit "B", Refece AIA Document A101-1997, para_ph 8.1.5 Exhibit B Index of Drawings 12/3112003 G001 TITLE SHEET 2/5/2004 G002 INDEX, SYMBOLS AND ABBREVIATIONS 12/3 [/2003 COOI SITE SURVEY 2/52004 C002 SITE PLAN 12/312003 C003 OVERALL SITE PLAN 12/3112003 C004 TREE PRESERVATION PLAN 2/52004 C005 UTILITY PLAN . 2/52004 C006 GRADING AND EROSION CONTROL PLAN 2/5/2004 C007 PLANTING PLAN 2/52004 coos DETAIL SHEET 2/52004 C009 DETAIL SHEET 2/52004 A101 FIRST FLOOR PLAN 2/5/2004 AIO1D FIRST FLOOR DIMENSION PLAN 2/52004 A102 MEZZANINE FLOOR PLAN 12/312003 A103 REFLECTED CEILING PLAN 2/5/2004 A104 ROOF PLAN 12/312003 A105 ENLARGED TOILET PLANS AND DETAILS 12/312003 A106 VEHICILE STORAGE BUILDING 12/312003 A107 PIPE STORAGE PLAN, ELEVATION AND SECTION 12/31/2003 A201 DOOR SCHEDULE AND DETAILS 12/312003 A202 FINISH SCHEDULE 2/52004 A203 ALUMINUM STOREFRONT FRAME ELEVATIONS 2/52004 A301 EXTERIOR ELEVATIONS 2/52004 A302 EXTERIOR ELEVATIONS / BUILDING SECTIONS 12/31/2003 A303 BUILDING SECTIONS 12/312003 A304 BUILDING SECTIONS 12/312003 A401 WALL SECTIONS 12/312003 A402 WALL SECTIONS 2/5/2004 A403 WALL SECTIONS 2/52004 A404 WALL SECTIONS 2/52004 A501 PLAN DETAILS 2/512004 A502 PLAN DETAILS 2/5/2004 A503 VERTICAL DETAILS 2/52004 A504 VERTICAL DETAILS 12/312003 A505 ROOF DETAILS 12/312003 A601 PARTITION TYPES / DETAILS 12/312003 A602 INTERIOR DETAILS 2/52004 S001 STRUCTURAL GENERAL NOTES & QUALITY CONTROL 12/31/2003 SW! FOUNDATION AND SLAB PLAN 2/5/2004 - S 102 FOUNDATION AND SLAB PLAN 2/5/2004 5103 SCHEMATIC ROOF PLAN 12/3112003 S 104 SCHEMATIC ROOF PLAN, ROOF UPLIFT PLAN AND MEZZANINE PLAN 2/5/2004 5201 FOUNDATION DETAILS 2/5/2004 5301 FRAMING DETAILS 2/5/2004 S302 FRAMING DETAILS 2/5/2004 FAIOI FIRE ALARM PLAN 2/5/2004 P5101 FIRE SPRINKLER PLAN 2/5/2004 FS201 FIRE SPRINKLER DETAILS 12/31/2003 MP00I HVAC & PLUMBING LEGEND 2/5/2004 MI01 FIRST FLOOR 1-IVAC PLAN 12/31/2003 M102 FIRST FLOOR HVAC PIPING PLAN 12/31/2003 M103 VECHICLE STORAGE BUILDING HVAC & PLUMBING PLAN 2/5/2004 M501 HVAC DETAILS . 2/5/2004 M601 HVAC SCHEDULES 2/5/2004 M701 HVAC CONTROLS 12/31/2003 M702 HVAC CONTROLS 12/31/2003 P101 FIRST FLOOR PLUMBING PLAN 12/31/2003 P501 PLUMBING DETAILS 12/31/2003 P601 PLUMBING SCHEDULES AND NOTES 12/31/2003 P901 PLUMBING RISERS 2/5/2004 E00I ELECTRICAL SYMBOL AND LIGHT FIXTURE SCHEDULE 2/5/2004 EI0I-L FIRST FLOOR LIGHTING PLAN 2/5/2004 EIOI-P FIRST FLOOR POWER PLAN 2/5/2004 EI01-S FIRST FLOOR SYSTEMS PLAN 2/5/2004 E501 ELECTRICAL DETAILS 2/5/2004 E502 ELECTIRCAL DETAILS 2/5/2004 E601 ELECTRICAL SINGLE LINE DIAGRAM 2/5/2004 E701 ELECTRICAL PANEL BOARD SCHEDULE 2/5/2004 E702 FT ECTRICAL PANEL BOARD SCHEDULE 2/5/2004 ES 101 ELECTRICAL SITE PLAN Exhibit "C". Deference AIA Document A101-1997,paragraph 8.1.7 Crry OF FAYETTEVILLE 2003.035 D WATER ANSEWER OPERATIONS CENTER Dec 2003 Fayetteville, Arkansas DOCUMENT (10410- BID PROPOSAL FORM FROM: JOHN P. MARINONI CONSTRUCTION CO., INC. 1142 N. u ra Dr. Favet ev> e, Ar. ContractorLiccnseNo. 0033500 0 (hereinafter called "Bidder'? TO: City of Fayetteville, Arkansas (hereinafter called "Owner") RE: WATER AND SEWER OPERATIONS CENTER Architect Engineer Project No. 2003-035 The Undersigned, having received and examined the Project Manual and the Drawings for the above -referenced Project propose$ to Nmish all labor, materialls, equipment, supervision and all associated and related items required for the Work, as required by and in strict accordance with the abovc•named documents for the following sum: a7:b3laTi7ZaIY:1s Bidder agrees to perform all of the Work necessary to complete the Total Project as described in the Project Manual and indicated on the Drawings for the stmt of: (Amount .flwll be in words shall govern.) In conformance with Arkansas Act 291 of 1993 (Arkansas Statutes § 22-9-212 et seq.) included in the above base proposal is the following line item amount (exclusive of prime bidder's overhead and profit which is in the base bid) for the costs of compliance with requirements of OSHA "Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P:' e, 7w• 1✓..ao/iea/F/ftv Detcrc $ g5a — (Jjtrenehing and excavation 1s not required indicate the amount of 8).00.) 00410-1 BID PROPOSAL FORM ADDENDUM NUMBER 2 CITY OF FAYETTEVILLE 2003-O35 WATER AND SEWER OPERATIONS CENTER Dec 2003 Fayetteville, Arkansas 1.2 ALTERNATE PROPOSALS Bidder agrees to perform all of the Work necessary to complete the Aitemate(s) as described in the Project Manual and indicated on the Drawings for the following amount(s). Bidder understands that the Owner reserves the right to accept or reject Alternate Proposals. Alternates, if accepted, will be taken in reverse order as listed. ALTERNATE No. 1; COMPLETE FIRE ALARM SYSTEM: ALTERNATE No. 2; PIPE RACK; 1.3 UNIT PRICES The Undersigned agrees that the following UNIT PRICES shall govern changes in the Work, whether they be ADDITIONS or DEDUCTIONS to the Contract Sum required during the course of the Work. Unit Prices shall be the same for Additions or Deductions_ All Unit Prices shall be total Installed costs including overhead, profit, geotechnical engineering and all other necessary costs. Proposing separate add and deduct unit prices shall subject this Bid Proposal to being rejected as "non -responsive." ITEM & UNIT OF MEASURE Dill N r DEDUCFI N refer one prtee orr y A, GENERAL EXCAVATION: a. Unsuitable material below finished subgrade removed and backfdled with specified fill material per cu. yd. In place. d a /3°— b. Unsuitable material below the bottom of fouling elevations indicated an the Drawings; removed and baekfdled with specified material per cu. yd. in place. 2. UNDERCUTTING ALLOWANCE: The Contractor shall include in the base hid contract amount an allowance for undercutting of existing unsuitable material and replacement with suitable fill material at the above contract unit price for following: (Use the seine unit pricer indicated above in the fallowing allowances to the base bid contract amount.) 00410-2 HID PROPOSAL FORM ADDENDUM NUMBER 2 CITY OF FAYETTEVILLE 2003-035 WATER AND SEWER OPERATIONS CEN?ER Dec 2003 Fayetteville, Arkansas a. Undercutting below finished subgrode. 3,000 CY at the unit price ludicated In paragraph 13A,I .a above = S 000 b. Undercutting below bottom of footing elevations. 30 CY at the unit price indicated in paragraph I.3A.1.h above = S 400 2 jt5 5t9igned has received and examined the following addenda numbered 1(2/5/04) /Und ( 6 0 J and has incorporated the provisions in this Bid. 1"4t.5 FURTHER CONDITIONS The Undersigned, by submitting this Bid, fiuther agrees: A. That this Bid shall be valid and may not be withdrawn within 30 days after the scheduled closing time for receiving bids. B. To accept the provisions of the "INSTRUCTIONS TO BIDDERS." C. To enter into and execute a Contract, if awarded on the basis of this Proposal, and to furnish the Performance Bond and Labor and Material Payment Bond in accordance with the General Conditions of the Contract. D. THE CONTRACTOR shall ensure that the CITY OF FAYETTEVILLE receives lien waivers from all subcontractors, sub -subcontractors and matenal suppliers before WORK begins on the PROJECT. THE CONTRACTOR shall give WRITTEN NOTICE to the subcontractors, sub- subconnttactore and materiel suppliers providing WORK on the PROJECT that states the following: "According to Arkansas law, it is understood that no liens can be filed against public property if valid and enforceable payment and performance bond is in place. regarding this Project and agreement, the valid and enforceable bonds arc with _(name of suety)Westfield Insurance Co. " The CONTRACTOR shall have each subcontractor, sub -subcontractor and' material supplier execute a writtca receipt evidencing acknowledgement of this statement, E. To accomplish the Work in accordance with the Contract Documents, of which this Proposal is made a part. F. To allow any Federal, State or Local inspector, acting in their official capacity, access to the project site. O. That Bidder has included all costs for complying with requirements for paying prevailing wages as determined by Arkansas Department of Labor and for compliance with Arkansas Code Section 22-9-301 d seq. 00410-3 BID PROPOSAL FORM ADDENDUM NUMBER 2 CITY OF FAYETTEVILLE 2003-035 WATER AND SEWER OPERATIONS CENTER Dee 2003 Fayetteville. Arkansas H. Upon receipt of a Notice to Proceed to perform the designated Work expeditiously and with adequate forces to completion within 365 calendar days, including anticipated weather delay days. I. That the Owner will suffer financial damage lithe Project is not Substantially Complete on the date mutually agreed upon as set forth in the Contract Documents. The Undersigned shall pay to the Owner the sum indicted below as mutually agreed upon fixed, agreed, and liquidated damages: S 179.00 per calendar day for each day of delay until the Work is Substantially Complete. J. To coordinate and schedule all Work with Owner. K. That it is understood that the Owner may reject any or all bids and waive any informalities or irregularities. In accordance with Arkansas Code, §§ 22-9-204, et seq, of the State of Arkansas, I (We) submit the names of the following subcontractors, we propose to use, and their State Contractor License Nos. NM list. A. MECHANICAL WORK - UV AC (indicative of beating, air conditioning, and ventilating) B. PLUMBING WORK :i C. ELECTRICAL WORK D. ROOFING WORK (Include Prime Bidder's name and license number if Prime Bidder is doing thir work itself and the Prime Bidder's contractor license ir'qualifledfor this specialty) "1.7 . ATTACHMENTS Enclosed with this bid proposal are the following: (Mark all that apply.) U Bid Security LI Power of Attorney for bid bond for the bid security. 00410A BID PROPOSAL FORM ADDENDUM NUMBER 2 CITY OF FAYETTEVILLE WATER AND SEWER OPERATIONS CENTER Fayettevillq Arkansas Respectt4Ay submitted: Bidder: JOHN P. MARINONI CONSTRUCTION COMPANY, INC By: c /rJwa^ / ' v R^ .-.... •--^► Date: 2 / 10 / 2004 oHn" p. maririgni. Title: C.E.O. _ Business Address: 1142 N. Futrall Dr. Fayetteville, Ar. 72703 2003-035 Dec 2003 Tdcphone Number: 479) 442-8049 •(SEAL) (If Bid is by) (a Corporation) END OF DOCUMENT 00410.5 BID PROPOSAL FORM ADDENDUM NUMBER 2 S B•H• C &won • M&r v CIai* d-Antt 5500 Euper Lme, Fort Smith, AR 72903 (501)452-4000 f, BID BOND _. KNOW ALL MEN BY THESE PRESENTS: ( .... i' That we, John P. Marinonl Construction Company, Inc. 1142 North Futrall Drive Fayetteville, AR 72703-1101 as Principal, (hereinafter called the Principal"), and the Westfield Insurance Company P.O. Box S001 Westfield Center, Ohio 44251-5001 . a corporation duly organized under the laws of the State of Ohio as Sorely, (hereinafter celled the "Surety"). we held and firmly bound unto City of Fayetteville, P.O. Box F, Payettevlllet AR 72701 as Obligee, (herainaIter called the "Obligee"), in the cow of FIVE PERCENT (5%) TOTAL AMOUNT HID-- Dollars (S (5%) ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves. our heirs, executors, administrators, muccenon and assign., Jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City of Fayetteville Water & Sewer Operations Center, in accordance with plans and specifications prepared by Cromwell Architects & Engineers. NOW, THEREFORE, if the Obligee shall aeccpt the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds is may be specified in the bidding or contract documents with good and sufficient surety for the faithful pefomnnces of such contract and for the prompt payment of labor and material fiunished in the prosecution thereof, or in the event of the f allure of the Principal to enter into such contract aM give much bond or bonds, if the Principal Shall pay to the Obligee the diff nenco not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contact with another party to perform the work coveted by said bid, then this obligation shell be null and void, otherwise to remain in full force and effect. Signed and sealed this 10th day of February A.D., 2004. ---- John P. Marinoni Construction Cotsipanys.Inc. Principal : �JSBA1) Title Westfield Insurance Company (SEA).) Scott R. Clark, Attomry-in-Fact Conform to American Institute of Architects Document A-310. February 1970 Edition WESTYIELD INSURAANCh A member ufwestfleld GtOupw RIDER Policyholder and/or Bondholder Disclosure: • NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk insurance Act of 2002 (the "Act"). The Act became effective immediately and establishes a temporary Federal program that provides for a system of shared public and private compensation for an "insured loss" resulting from certified acts of foreign "terrorism", as defined under the Act. The Act further requires that all in -force exclusions for acts of terrorism, as defined in the Act, already contained in a policy/bond or included as an endorsement in a policy/bond, become nullified as of November 26, 2002. Coverage for acts of terrorism is included in your current policy/bond and/or in any policy/bond quoted for you. You should know that, effective November 26, 2002, under your existing coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The actual coverage provided by your policy/bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your policy/bond, any endorsements to the policy/bond and generally applicable rules of law. During your current policy/bond period, the poron of your premium that is attributable to coverage for acts of terrorism is 50.00. If it becomes necessary to ixl�lude a premium for terrorism coverage in a future renewal of your policy/bond, you will receive notification of that premium through a separate line in your policy/bond. Should you have any question regdMng this notice, please contact your insurance agent one Park Grde • P.O. Box 5001 • Westfield Cenee OH 441514001 •1.800.20.3.0210.19x 330.887.0800 - wwwmesMe1dgmx= AD 8529A 11 02 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME • POWER # AND ISSUED PRIOR TO 09129107• FOR ANY PERSON OR PERSONS NAMED BELOW. r General Power of Attorney CERTIFIED COPY POWER NO. 032005214 Westfield Insurance Co. Westfield National. Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a -Companyand collectively as "Companies,• duly organized and existing under the laws of the State of Ohio, and having its principal office In Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint . SAM B. HILLER, LARRY R. CLARK THOMAS L COOLEY, JANICE A. BUTLER, SCOTT R. CLARK, MARTY C. CLARK, VICCI L. HILLER, SHANNON C. SCHMIDLY, BECKY S. TIPTON, JOINTLY OR SEVERALLY of FORT SMITH and State of AR its true and lawful Attomey(s)-in-Fact. with lull power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizaneaa, undertakings, or other instruments or contracts of suretyship- . - - - . . ` - - . , -' . - .._ .. .. _ LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as it such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-In-Fact may do In the premises. Said appointment is made under and by authority of the following resolution adopted by the Board at Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: Be it Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fad to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and In the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognlzances, contracts, agreements of Indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney -In -Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary.' *Be N Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to Which It is attached' (Each adopted at a meeting held on February S. 2000). in Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 29th day of SEPTEMBER AD., 2003. � •'•""""'• �•"""" WESTFIELD INSURANCE COMPANY r„rearnta j.+�yy " 1 ••"2t1ONA.... , �J_.9S -•^• y1 WESTFIELD NATIONAL INSURANCE COMPANY Affixed v: .rv. o = a: ''p ' ' OHIO FARMERS INSURANCE COMPANY t4'f ii PLLi ' ca: :zc �t5Ai. sEAL . t 3= Iro :m5 e :aTJ -y; 'ne §�•: 1948; s. %•�` yeti =Tx'• :::oa }.+..:.:'•!� S ,£ •,, "pyYnlp nVPP,`, ya'••YI,,,WY•1'•' By: Coup yf of Richard L Klnnaird, Jr., Senior Executive County Medina ss.: On this 29th day of SEPTEMBER A.D., 2003 , before me personally came Richard L. Klnnalyd, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides In Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument that he knows the seals of said companies; that the seals affixed to said Instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies: and that he signed his name thereto by like order. Notarial 1AL� (/ ✓ �� Seal PP,,. I William J. Kahelin, A rney at Law, Notary Public State of Ohio N " o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina as.: \'.q 01' ♦,r E O r •r1..lYW.~ it M. Brooks Rorapaugh, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY end OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still In full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. 10thda In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this y of February ;,o , 2004 ...1.,.,1,.,,1....... 1,,.,1.....1„ s.'�SYA4yc,"`t• • ,p<1DIt.K �,ys :• .�.•VS�MSURi. / I. nnrr xj II o : ':Y _ ?a4 GNIJiTFgEpi�b�ai %3kSEAL rro� :�: sFar. :m re• ts= a.� .rin;: .a2 s Ak :0: 4 :. 1948 •' M. Brooks Rorapaugh, Sege• ry 1 . .• • • •.MM./ . } BPOAC2 (combined) (06-02) WATER AND WASTEWATER OPERATIONS CENTER Proposed Project Budget March 2004 COST CATEGORY REQUESTED FUNDS Low Base Bid $3,498,999.00 Deductive Alt. No. 1 (10,200.00) Deductive Alt. No. 2 (46,000.00) Undercut Allowance (39.600.00) Base Contract Award Value ...................... Construction Contingency (5%)..... ............. $3,403,199.00 .......... 170,159.00 Telecommunications Wiring and Devices .................... 25,000.00 Demolition of Abandoned Structures........................... 30,000.00 TOTAL PROJECT CONSTRUCTION BUDGET $3,628,358.00 TOTAL PROJECT COSTS $3,628,358.00 2004 BUDGETED FUNDS $3.500,123.00 BUDGET ADJUSTMENT $ 128,235.00* *BUDGET ADJUSTMENT TO TRANSFER FUNDS FROM WATER/SEWER FUND'S ACCOUNT BALANCE (RETAINED EARNINGS) FEW t g y N c y rc n m s� dgmRs ?WCo m Cs� m a m f lfl > > > > > Wc E C p p �_ S a a N+ a s r pg k 7 N D R m N N 9 fi N. n, ^ s�0 'a A3 CCCA o� K z °a < m O y z A c Si D (A O 25 S, WN, F 1 �(jnl m I �, 1pW1ppp f j pfd Wag 2 n 41� N �i N N O Ol g $ 88 $ 8 $8 �8 o 5 p8g � s W N mSmS A J + N W 02 nS K K n 9 pp • $ 8 88 8888 • XI o S o e m 8 8 8 a m a & mmq� mq y N NW +:A 8a Y T oq 8 8 8 88 8 H - p a G m n p 3 p N 8O NO ++Q Q 88 88 88 go s d A H H H N 88 HO p '1 -Jo Z A rFO Ce $ +m w 25 `S 25 O � x H H e o H o HH J n V � O W tm OZr G) _ m W C1 • RESOLUTION NO. A RESOLUTION TO APPROVE THE CONSTRUCTION CONTRACT FOR THE NEW WATER AND SEWER OPERATIONS CENTER WITH MARINONI CONSTRUCTION, INC. IN THE AMOUNT OF $3,403,199.00, PLUS A CONTINGENCY OF $225,159.00 AND A BUDGET ADJUSTMENT OF $128,235.00 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 approves a construction contract for the low bidder, Marinoni Construction, Inc. to build the new Water and Sewer Operations Center in the amount of $3,403,199.00, plus a contingency amount of $225,159.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment of $128,235.00 as required for this project. PASSED and APPROVED this the 2"d day of March, 2004. ATTEST: By: SONDRA SMITH, City Clerk APPROVED: STANOREVIEW FORM - FINANCIAL OBLIGATION X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW UJ f &atLLothV QMd(M4 —Maj ;n01 &'%c!-. 5IX16Y For the Fayetteville City Council Meeting of: March 2, 2004 FROM: j 7%?ai'/�'!i thr Greg Boettcher Water/Sewer/Meter Water and Wastwater �i9e'5 Name Division Department ACTION REQUIRED: Resolution approving award of the Water and Sewer Operations Center construction contract to Marion Construction, Inc. of Fayetteville, Arkansas in the amount of $3,403,199.00. Action includes the acceptance of the deductive bid alternates N. 1 and No. 2 plus the removal of the allowance for subgrade undercut. The proposed project budget includes $225,159.00 for contingent needs. A budget adjustment to transfer $128,235.00 from the Water and Wastewater fund balance is also requested to fully fund the project budget. COST TO CITY: A net financial authorization of $3,628,358.00. $3,628,358.00 Cost of this request 5400.5600.5804.00 Account Number 98076 $3,610,441.00 Water and Sewer Operations Center Category/Project Budget $110.318.00 Funds Used to Date $3,500,123.00 Program Category / Project Name Water and Wastewater Improvements Program / Project Category Name Water and Sewer Project Number Remaining Balance Fund Name BUDGET REVIEW: X Budgeted Item X Budget Adjustment Attached —l�l'osl udget Manager Date CONTRACT/GRANT/T.waaw REVIEW: A counting Man g r Date Internal A itor Date z 11/0L_ ala31o4 City At orrneeyy Date Purchasing Manager Date d/ Z`/ 7 -Cy Received in Mayor's 0£fice OC /Tp Divis on Head Date Date Z -(7- 0 cross Reference: Depar ent D' ector Date Previous Ord/Res#: 2-(f.aif Finance & Internal Services Dir. Date Orig. Contract Date: LI Date / U Date Orig. Contract Number: New Item: Yes I Description Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator Staff Review Form - Page 2 Meeting Date March 2, 2004 Reference Comments: From: Clarice Pearman To: Boettcher, Greg Date: 3/3/04 12:31 PM Subject: Marinoni Construction The city council passed a resolution March 2, 2004 approving a construction contract with Marinoni Construction. Please see that I get a signed original contract to continue the resolution process. Thanks. JOHN P MARINONI SSTROCTION CO. INC. (501)251-1316 251-1319 Fax Mr. Thad Kelly III, AIA Cromwell Architects & Engineers Fax 582-2929 1142 N. FUTRALL DRIVE FAYETTEVILLE, ARKANSAS 72703 E-mail marinoniconstu aol.corn March 12, 2004 Re: Fayetteville Water & Sewer Operations Center Dear Mr. Kelly: Attached is the original plus two copies of the contract, two recorded copies of the Payment and Performance Bonds and three copies of the certificates of insurance. Sincerely, John P. Marinoni CEO �`��csEN��c�EEe FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDEN To: Greg Boettcher Administration From: Clarice Buffalohead-Pearman City Clerk Division Date: March 22, 2004 Re: Resolution 35-04 Attached is a copy of the above resolution passed by the City Council, March 16, 2004, approving a contract with Marinoni Construction, Inc. for the new water and sewer operations center and authorizing a budget adjustment. I have attached two originals and a copy of the budget adjustment. This resolution will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachments cc: Nancy Smith, Internal Auditor be bar4 1zll I aEd F Coy Hurd Submitted By City of Fayetteville Staff Review Form N/A City Council Meeting Date Building Services Division Action action required in this matter is for the Mayor to sign $12,487.52 Cost of this request 5400.5600.5804.00 Account Number 98076-20 Project Number Budgeted Item City Attome $ 1,631,832.00 Category/Project Budget $ 1,411,891.00 Funds Used to Date $ 219,941.00 Remaining Balance Budget Adjustment Attached Finance an Internal Service Director Date Mayor Financial and Internal Services Department Water and Sewer Operations Building Program Category! Project Name Water and Sewer Improvements Program! Project Category Name Water and Sewer Fund Fund Name Previous Ordinance or Resolution >x 35O 5L Original Contract Date: Original Contract Number. Received in City Clerk's Office I FAYETTEVILLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Dan Coody, Mayor FROM: Coy Hurd, Project Manager VP THROUGH: Stephen Davis, Director of Financial and Internal Servic RE: Water and Sewer Operations Center, Change Order Number One DATE: May 3, 2005 Attached please find Change Order Number One for the Water and Sewer Operations Center. Although this work stands at seventy-five percent complete, I submit the first change. Most of these items listed are tweaks to the design, as the work progresses, to better address the needs of the users of this facility. Notice that items 8 and 14 are credits. Item 8 represents an allowance that was initially inserted into the contract to address any needed security for the building. As this work progressed, the preserved need for an elaborate security system has diminished. We will (in all probability) include magnetic locks on some of the doors and automatic sliding gates in the work instead of such an elaborate security system. With these changes, the value of Marinoni's contract increases by $12,488, to a total of $3,415,687. This is the only draw from our original contingency amount of $225,159 (leaving $212,671 in the contingency). We will use some of this contingency for the purchase of furniture for the building. In addition, this Change Order authorizes the addition of 86 days to the construction contract, making the completion date June 23, 2005. It is my opinion that Mr. Marinoni is entitled to these days through clauses in our signed contract. Please note that the City Council authorized the use of this contingency fund (by Resolution No. 35-04, attached). Further action by the Council is then not indicated. I remain available to answer any questions regarding Change Order Number One, and recommend that you sign it at your earliest convenience. l RESOLUTION NO. 35-04 MICROFILMED A RESOLUTION TO APPROVE THE CONSTRUCTION CONTRACT FOR THE NEW WATER AND. SEWER OPERATIONS CENTER WITH MARINONI CONSTRUCTION, INC. IN THE AMOUNT OF $3,403,199.00, PLUS A CONTINGENCY OF $225,159.00 AND A BUDGET ADJUSTMENT OF $128,235.00 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 approves a construction contract for the low bidder, Marinoni Construction, Inc. to build the new Water and.Sewer Operations Center in the amount of $3,403,199.00, plus a contingency amount of $225,159.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment of $128,235.00 as required for this project. PASSED and APPROVED this the 2"° day of March, 2004. By: By: ? SONDRA SMITH, City Clerk APPROVED: CHANGE O`VNER ❑ ARCHITECT O ORDER CONTRACTOR ❑ FIELD ❑ AIA DOCUMENT G701 OTHER C] PROJECT: City of Fayetteville CHANGE ORDER NUMBER: One (1) Water Operations Center Blvd DATE: April 28, 2005 Fayetteville, AR 72703 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 2003-035 John P. Marinoni Construction, Co. 1142 Futnll Drive CONTRACT DATE: March 2, 2004 to Fayetteville, Arluosu 72703 The Contract is changed as follows: Item Na 1: Provide temporary transformer by SWEPCO $702.11 Item No. 2: Provide work to existing water utility line for connection $2,032.79 Item No.3: Provide undercut for dirt work per unit prices 233 cy @ S13.00/cy $3,029.00 Item No. 4: Provide Post Indicator Valve on fire sprinkler line $3,031.38 Item No. 5: Provide new route for water loop at cul-de-sac $5,068.20 Item No.6: Provide rework to meter testing trench drains $6,309.76 Item No. 7: Increase exterior building sewer main from 4 inch to 6 inch $1,716.36 Item No.8: Delete Security System allowance from contract ($20,000.00) Item Na 9: Divide Office 151 into 2 offices $5,617.53 Item No. 10: Provide control room at SE corner of classroom 116 $5,500.72 Item No. 11: Provide 3 -way switch at east end of concourse 131 $205.64 Item No. 12: Provide a switch for future garbage disposal Breakroom 122 $227.99 Item Na 13: Provide 1" medium pressure gas line to Vehicle Storage Building $2,046.04 Item No. 14: Decrease sign allowance ($3,000) Not valid until signed by the Owner, Architect and Contractor. The Original (Contract Sum) ( ) was...... _ ............................_._.......... $3,403,199.00 Net change by previously authorized Change Orders............_............................................._.__... 0.00 The (Contract Sum) ( ' ) prior to this Change Order was.......................$3,403,199.00 The (Contract Sum) ( ) will be (increased) (decrease&) (nnahangad) by this Change Order in the amount of_............................................._............. $12,487.52 The new (Contract Stun) ( ) including this Change Order will be........ $3,415,686.52 The Contract Time will be (increased)(deereesed) (va ed) awe (86) days. The date of Substantial Completion as of the date of this Change Order therefore is June 23, 2005. NOTE: This sunmwy does not reflect changes in the Contract Suu4 Caanka Time or Guararaeed Maainnun Price which have been aulhaired by Coamu>«ar Charge ITa ivc. • . ., aY r •.: - •. CONTRACTOR 1142 N. Futrell Drive At Fayad�tcvil//b Arlen 7277003 BY C/ ifla- ---..,� DATE 4 -29 -or City of Favctievillc AIA DOCUMENT 6701 • CHANGE ORDER • 1987 EDITION • AIA® • 01987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE. N.W., WASHINGTON, D.C. 20006 6701-1987 JOHN P. MARINONI CONSTRUCTION COMPANY, INC. 1142 N. FUTRALL DRIVE FAYETTEVILLE, ARKANSAS 72703 (501) 251-1316 FAX 251-1319 December 9, 2004 Cromwell Architects A Engineers Fax 582-2929 Ann: Mr. Thad Kelly III. AlA Fib Reference: 1 rev 2 Re: City of FayenevlQe Vyeter & Sewer Operations Center Dear Mr. Kelly: We request an extra 702.11 for the following additional work: Installation of a temporary pole -mounted transtonner. The power company is bringing the 12,000 volt line to the property line and will be pulling the cable thnr the electrician's underground oondult over to the permanent transformer. SWEPCO Is supplying the permanent transformer, but It will be a while before that gets sat. In the mean time, a temporary transformer has to be set to get the power down to 1201240 votts. They are not charging for any of this work except the 'UP and Down' charge for the temporary transformer. Floyd Homaday at 479-973.2301 Is the Swepco person that gave me the price on this transformer. Sinatey, John P. Marinonl Note: the extension Includes Labor plus 50% for payroll burden, vehicles and small tool use Materials plus 13.5% for sales tax and Incidental items DESCRIPTION GENERAL CONTRACTOR'S WORK: SUBCONTRACTED WORK: Mounting and later dismounting a temporary transoorme UNIT Labor Materials Subs I LS 628.22 5.000% Markup on Subcontractors 6.440% Bonds 8 Insurance Equipment Total 0.00 0.00 0.00 628.22 0.00 0.00 31.41 42.48 Total 702.11 JOHN P. MARINONI CONSTRUCTION COMPANY, INC. 6/4/2004 SWEPCO $628.22 Re: Water & Sewer Operation Center -Fayetteville, Ar. For a Temporary Transformer st the above referenced project. 041233 ORIGINAL CHECK HAS A COLORED BACKGROUND PRINTED ON CHEMICAL REACTIVE PAPER. SEE RACK FOR DETAILS I. j" i r I . .. • ..t. . .. a. -1 .. 1< DATE AMOUNT 6/4/2003 $628.22 Six Hundred Twenty Eight Dollars and 22/100 PAY TOTME SWEPCO ORDER OF u"UY.CJ]II: 4U44000oU4.• U4000CUa]bi6N'" /hone Q�t,Te !`loin J/°'^° d4Y S W e,QC° e & /JA otl�t `4Q&! 97.7-2701 Foe T/►n/Ic'. —Fe fe,ti ( '4: SWVPCa /o/ West 7e..Jnl'"p Fes. 72703 S-/3-aIV A [ P E7ee"i:( %IaWQ 'CO. WIlLY St $5 -Joe o. 7EM?0rQ7 rians1 e.ner o f 'flit Fayer /t 0: 11r I JOHN P. MARINONI CONSTRUCTION COMPANY, INC. 1142 N. FUTRALL DRIVE FAYETTEVILLE, ARKANSAS 727Q (501) 251-1316 FAX 251-1319 January 14, 2005 Cromwell Architects & Engineers Fax 582-2929 Attn: Mr. Thad Kelly III, AIA File Reference: 3 rev I Re: City of Fayetteville Water & Sewer Operations Center Dear Mr. Kelly: We request an extra as followl for unsuitable material below the finished subgrade that was removed and replaced with the specified fill materiak. West Parking area 30 x 40 x 1 = 44 cy Storage area 130 x 20 x 1 = 96 cy Storage area 75 x 50 x 8" = 93 cy 233 cy @ contract unit price of $13.00/cy = $3,029 it We also request an additional 7 days to be added to the contract for this. 4 Sincerely, A/w John P. Marinoni Les Rogers Sand & Gravel 3151 Ed I dwatds Read Fayetteville. AR 77701 Bill To John P: Alarinoni Const. 1 142 Futrall Drive Fayetteville, AR 72704 City of Fay. Water & Sewer Ops. Center PAY REQUEST #3 Date 8/30/2004 1187 Job Number .2164 Description Amount I.) Northwest parking: Cut 3,275 cu. yds. @ $3.45 p/cu.yd. Fill 4;275 cu. yds. @ $7.00 p/cu. yd. 2.) Storage Area and Storage Building: a. Cut 6,800 cu. yds. (a3 $3.45 p/cu. yd. b. Fill 5,460 cu. yds. 4J $7.00 p/cu. yd. 3.) North Dctcntion Pond. Lump sum. 1,600 cu. yds. South Detention Pond. Lump sum. 6,000 cu. yds. CHANGE ORDER: Extra cut and till on Parking Areas. Storage Arru. 130' x 20' x l' e 96 cu. yds. 75'x50'xK"=93 cu. yds, West Parking: 30' x 40' x 1 = 44 cu. yds. Total: 233 cu. yds. a, $10.45 p/cu. yd. Sales Tax (0.0%) Total 11,298.75 29,925.00 23,460.00 38,220.00 5,520.00 20,700,00 2,434.85 $0.00 $131,558.60 August 30, 2004 Marinoni Construction Company 1142 North Futral Drive Fayetteville, Arkansas 72703 Attention: Mr. John Marinoni 1rerracon 5479 Halley Avenue Springdale. Arkamas 72762 (479) 7509775 Fax: (479) 750-9783 Re: Subgrade Soil Evaluation and Proofroll Observations Water and Sewer Operations Center Fayetteville, Arkansas Job No: 39041145 Dear Mr. Marinoni, As requested, Terracon personnel provided testing and evaluation services for the above referenced project on August 16, 2004. The services provided included observation of the north entrance to the west parking lot. The north driveway entrance to the west parking lot was proofrolled with a loaded tandem -axle dump truck. An approximate 50 -foot by 50 -foot area appeared to be unstable and was unsuitable to place fill on. Terracon recommended that the unstable soil be excavated an additional 12 inches and be replaced with a bridge lift of suitable fill material to stabilize the area prior to constructing the minimum required thickness of select fill. If you have any questions or if we can be of further service, please do not hesitate to call. Sincerely, TERRACON o�\ David Berry E.I. Project Manager DAB:KLM: Copies to: Addressee (2) Kenneth L. McCurdy' Geotechnical De. rtment Manager Y I'� lVr,� •cVP 1 0 ?riot J -; Arizona ■ Arkansas ■ Cahlurnia ■ Colorado ■ Georgia ■ Idaho ■ Il:irgis ■ Iowa ■ Kansas ■ Kentucky ■ Mirvursola ■ Missouri Montana ■ Nebraska ■ Nevada ■ Now Mexrco ■ North Carolina ■ Oklahoma ■ lonrwssee ■ Texas ■ Utah ■ Wueonsm ■ Wyoming Consulting Engineers 8 Scientists Since 1965 www.terr acon.Corn 7 August 30, 2004 Marinoni Construction Company 1142 North Futral Drive Fayetteville, Arkansas 72703 Attention: Mr. John Marinoni Irerracon 5479 Malley Awnuo Springdab, Arkansas 72762 (479) 75O-9775 Fax: (479) 750.9767 Re: Subgrade Soil Evaluation and Proofroll Observations Water and Sewer Operations Center Fayetteville, Arkansas Job No: 39041145 Dear Mr. Marinoni, As requested, Terracon personnel provided testing and evaluation services for the. above referenced project on August 19, 2004. The services provided included observation of the gravel turn around area. The area of the proposed gravel turn around area was proof rolled with a loaded tandem - axle dump truck. The area in the west one-third of the turn around area appeared to be unstable and was unsuitable to place fill on. The unstable soils were recommended to be removed to enable placement of a bridge lift with suitable fill material to stabilize the area prior to constructing the minimum required thickness of select fill. If you have any questions or if we can be of further service, please do not hesitate to call. TER David Berry E.I.1 Project Manager DAB: KLM: Copies to: Addressee (2) K" enneth L/. McCurdy Geotechnical Depart,7�fit Manager a ) ceo 1 f) �mL Arizona ■ Arkansas ■ California ■ Colorado ■ Georgia ■ Idaho ■ Illinois ■ Iowa ■ Kansas ■ Kentucky ■ Minnesota ■ Missouri Montana ■ Nebraska ■ Nevada ■ New Mexico ■ North Cwolma ■ Oklahoma ■ Tennessee ■ Texas ■ Utah ■ Wisconsin ■ Wyoming Consulting Engineers & Scientists Since 1965 www.lerracon.cum JOHN P. MARINONI CONSTRUCTION COMPANY, INC. 1142 N. FUTRALL DRIVE FAYETTEVILLE, ARKANSAS 72703 (501) 251-1316 FAX 251-1319 January 14, 2005 Cromwell Architects & Engineers Fax 582-2028 Aft Mr. Thad Kelly Ht, AIA File Reference: 5 rev 3 Dear Mr. Keay: We request an extra of $3.031.38 for the following work: Adding a Post Indicator Valve on the sprinkler fine where it tee's off the B' main fine. Smco.c17, John P. Marino n Note: the extension intrudes Labor plus 50% for payroll burden, vehicles and small toot use Materials plus 13.5% for sales tax and Incidental Items DESCRIPTION UNIT Labor Materials Subs Equipmen Total GENERAL CONTRACTOR'S WORK: Supervision 1 Day 250.00 187.50 0.00 15% Mark up on GC's work - 28.13 SUBCONTRACTED WORK: Post Indicator Valve 1 LS 2.430 2,430.00 Mega Lugs 1 LS 77 77.00 0.00 r 125.35 183.41 Total 3,031.38 anr-GJ—G✓J04 ttgcc Fire & Security is September 9, 2004 SIMP�EXC?III\INELL ION 479 751 8479 Jfl q.JTLW a Pao✓ 5191 N. G.k Svoor Sprrpd,ic AR 72764 lwr 479.751-8453 for. 470.751.8479 14nwthnJpJ843f,nnV coin Mr. John Marinoni John P. Marinoni Construction Co., Inc. 1142 N. Futrell Drive Fayetteville, Arkansas 72703 RE: 8" Valve & PIV Change Order Fayetteville Water and Sewer Project Fayetteville, Arkansas Dear John: In reference to the above change order per your request to install an 8" PIV valve & post is $2,430.00 to install. This price includes labor, material, delivery, and taxes. Below is our scope of work. I. Install an 8" PIV valve 2. Install a PIV post and handle 3. lmtalla tamper swkch .r., .. ".I ....... . . .- . . . Sincerely, Lee Dunk k Sprinkler Manager r',cjru,• P.01/d1 TOT PL P.01 JOHN P. MARiNONt CONSTRUCTION COMPANY, INC. 1142 N. FUTRALL DRIVE FAYETTEVILLE, ARKANSAS 72703 (501) 251-1316 FAX 251-1319 January 14, 2005 Cromwell Architects & Engineers Fax 582-2929 Mn: Mr. Thad Kelly III, AIA z:r: ;it �:�:r-x, Dear Mr. Kelly. We request en extra of $5,068.20 for the following work: Changing the water loop around the cut -de -sac. Sincerely, #,44"____: John P. Marinoni Nate: the extension laciudes Labor plus 50°.6 for payro6 burden, vehicles end smog toot use Materials plus 13.5% for sales tax and incidental items T DESCRIPTION UNIT Labor Materials Subs Equipmen Total GENERAL CONTRACTOR'S WORK: Supervision 2.00 Days 250.00 750.00 0.00 15% Mark upon GC's work 112.50 SUBCONTRACTED WORK: S & G Plumbing Company 1 LS 3,713.39 3,713.39 0.00 0.00 5.000% Mark -Up on Subcontractors 185.67 6.440% Bonds & Insurance 306.64 Total 5,068.20 Sep -24-04 10:17A P.04 S & G PLUMBING COMPANY 479-521-7906 1752 BARRINGTON DRIVE FAYETTEVILLE, AR 72703 9/24/04 TO: MARINONI CONSTRUCTION ATTN; JOHN MARINONI (- d - rQ c 7414�I UJdTtr /eop t� �I (".J- ap 4� RE' EXTRA MAT. ADDED u tm1co 1. 8" VALVE 746.52 2- VALVE BOX'S 108.90 217.80 5- ANCHOR COUPLINS 110.00 550.00 12- B" MEGA LUGS 42.71 726.07 2- 8"45 118.00 236.00 2- 8" 22 118.00 236.00 2- 8" 1 I 118.00 236.00 3- KICKERS 120.00 360.00 LABOR 9 MAN HR. X 45.00 405.00 TOTAL DUE THIS INVOICE 3,713.39 IF YOU HAVE ANY QUESTIONS PLEASE CALL. THANK YOU GEORGE D.CLEGG JOHN P. MARINON1 CONSTRUCTION COMPANY, INC. 1142 N. FUTRALL DRIVE FAYETTEVtLLE, ARKANSAS 72703 (501) 251-1316 FAX 251-1319 January 14, 2005 Cromwell Architects & Engineers Fax 582-2929 Attrt: Mr. Thad Kelly III, AIA File Reference: 4 rev 3 Dear Mr. Kelly We request an extra of $6,309.76 for the following work: Additional trench drain and revised layout around the city supplied storage tanks. Sincerely, John P. Marinoni Nott the extension includes DESCRIPTION Labor plus 50% for payroll burden.. vehicles and small tool use Materials plus 13.5% for sales tax and incidental items UNIT Labor Materials Subs Equipmer. Total GENERAL CONTRACTOR'S WORK: Supervision 1 Day SUBCONTRACTED WORK: Extra Trench Drain 1 LS Extra Labor & Concrete 1 LS 250.00 375.00 000 15% Mark up on GC's work 56.25 4.172 4,172.00 1,063 1.063.00 0.00 5003% Mark -Up on Subcontraciors 201.75 6.440% Bonds & Insurance 381.76 Total 6,309.76 .JCHNSON MECHANICAL CONTRACtO , INC. Total Add $4,172 513 Pr•Yfa Shut. Fsys"woft. AAmpas 77701 T•Mphon• 479 412QB7 FAX 479444-7572 FFtZM ; SJBC1N ENTERPRISE, IC. P -&E ND. : 479 361 5788 SEP. 14 2a04 12:42PM P1 CRETEWORKS A Division of SubCon Enterprises, Inc. P.O. Box 488 TonMown, AR Phone: (479) 361.1148 Fax: (479) 361-6788 CHANGE ORDER c.0.# DATE 7 n —O CUSTOMER INFORMATION JOB SITE INFORMATION NAME PpJOB NUMBER D ADDRESS JOB NAME JctA 1 £.tMW CITY,ST. & ZIP JOB MANAGER We hereby agree to the changes in price as follows: /O 6 C(L (? We agree to make chang(s) Contra tOr ignature Specified above at this price: o Previous contract amount, Date Revised contract amount: ACCEPTED - The above prices and spocW.cations of t'us change order are satisfactory and are hereby accepted. All work is to be performed under the same terms and conditions as specified in the original contract. Signature Date JOHN P. MARINONI CONSTRUCTION COMPANY, INC. 1142 N. FUTRALL DRIVE FAYETTEVtLLE, ARKANSAS 72703 (501) 251-1316 FAX 251-1319 January 14, 2005 Cromwell Architects & Engineers Fax 582-2929 Attn: Mr. Thad Kelly III, ALA Dear Mr. Kelly: We request an extra of $1,716.36 for the following work: Increasing the building sewer fine from 4" to 6". Sincerely. � John P. Marl [:];I _y , Note: the extension includes Labor plus 50% for payro8 burden, vehicles and small tool use Materials plus 13.5% for sales tax and incidental items DESCRIPTION UNIT Labor Materials Subs Equipment Total GENERAL CONTRACTOR'S WORK: SUBCONTRACTED WORK: UTILITY WORK 15% Mark up on GC's work 1 S & G PLUMBING 1.535.73 5.000% Mark -Up on Subcontractors 6 440% Performance and Payment Bonds Total 0.00 0.00 0.00 nor) 0.00 1,535.73 0.00 0.00 76.79 103.65 1,716.36 • S & G PLUMBING COMPANY p E 479-521-7906 I I TPAR703 November 11, 2004 LETTER OF TRANSMITTAL TO: MARINONI CONSTRUCTION ATTN; JOHN MARINONI RE: FAYETTEVILLE MAINTANCE BUILDING NOTE; INCREASE BUILDING SEWER TO 6" FROM 4" INSTALLED 4" SEWER INSPECTOR HAD US STOP & CHANGE TO6" REMOVED 4" REDUG DITCH TO NEW ELEVATION. 9/10/04 MATT & JOSH 7;00 TO 11;00 = 8 M.H. X 45.00 = 360.00 9/10/04 TRACKHOE 2 HR. X 75.00 = 150.00 SERVICE SUPPLY # 1079530-01 = 1,025.73 TOTAL DUE THIS INVOICE 1,535.73 IF YOU HAVE ANY QUESTIONS PLEASE CALL. THANK YOU GEORGE D. CLEGG JOHN P. MARINONt CONSTRUCTION COMPANY, tNC• 1142 N. FUTRALL DRIVE FAYETTEVILLE, ARKANSAS 72703 (501) 251-1316 FAX 251-1319 Cromwell Architects & Engineers Fax 582-2929 Attn: Mr. Thad Kelly III, AlA Re: City of Fayetteville Water & Sewer Operations Center tij Ift an •1 Ii::••:.• • •• •. smcerey, John P. Marinoni Note: the extension includes DESCRIPTION GENERAL CONTRACTORS WORK upevvtsion I Day 250.00 375.00 Hollow metal door frames 2 ea 25.00 160 438,20 Hollow metal door leafs 2 ea 25.00 240 619.80 Door hardware set 10 1 set 50.00 135 228.23 Door hardware set 12 1 set 75.00 210 350.85 Masonry Rebars 115 LIDS 040 52.20 Drilling & setting dowells in the slab 3 ea 5.00 2.00 2.50 38.81 Clean up & dumpster fees 1 LS 25.00 25.00 65.88 15% Mark up on GC's work 325.04 SUBCONTRACTED WORK: Electrical 1 LS 500 500.00 Masonry 1 LS 1,300 1,300.00 Drywall 1 LS 480 480.00 Painting 1 LS 325 325.00 Vnyf Base 1 LS 48 48.00 5.000% Mark -Up on Subcontractors 132.65 6.440% Performance and Payment Bonds 339.88 Total 5,617.53 Labor plus 50% for payroll burden, vehicles and small tool use Materials plus t3.SO/a for sales tax and inddental Items UNIT Labor Materials Subs Equipmen Total G� A4FrANY m flue wflu L na i ADPAZ O anaeteote d7N6tap .• r • . .r. John Mt noni QUOTATION DATE: 01n4a005 Add hollow metal frames for openings 1514 and 144C (2 ea @ 160 each = $320) Add hollow metal door leafs for openings 151A and 144C (2 ea @ 240 each = $480) Add an extra door hardware set 10 $135 Add an extra door hardware set 12 $210 TOTAL 1,145 ". ..., -, 1. ., ... ..:., COMPANY: BY: OMPANY flux:at ALAN THVJ BEA DATE• ant F ru...a THANK YOU FOR THE OPPoRTUNI/Y TO QUOTE 71141 HATERIALO!! P.O. 1803 1370 701 KswnerDv$vt MT Sprbadaie, AR 72765 OCTRIC P8 4796 756.6777 PAX 479-7%. 6"1 January 10, 2005 Mor noai Coaatrue6on Company 1142 Ftttnll Drive Fayetteville, AR 72761 Alta: Jobs P. Marinonl RE: Payettevfpe Water & Sewer We are asking for a change order on the following items. Item #1- Room # 116 S.E. corner, add, (9)1G receptacles, (1) siagfe pole Dimmer and (1) incandescent 10" drum two lamps, light fixture. We am providing two 120 -volt, 20amp circuits from panel E2 to power these receptacles. ADD $ 1,391 Item K2. Room #151, divide into two offices , ,- av switches, one fixture type 82 $ and one 120 -volt 20 amp receptacle. DD S00 item #3 Concourse 131, add one 3 -way switch. ADD $ 184 Item #4 Break room 122, add 120 -volt connection and switch for garbage disposal, ADD S 204 • CB MASONRY, INC. BRICK - CONCRETE BLOCK - STONE P.O. Box 46140 Little Rock, Arkansas 72214 (501) 455-5959 State contractor License No. 0012310204 January 5, 2005 Marinoni Construction Fax 479-251-1319 Dear Mr. Marinoni: We request an add of $1,300 for adding an 8" block wall dividing room 151. This wall will get the vertical and horizontal reinforcement in grouted cells per the standard detail for this job. Sincerely, Mark Corbitt Estimator ••.. ...:......,a —man AL STUDS&DRYWALL BUILT - WELL CONSTRUCTION CO. PbiUip Pbtchcr Past Ohio. Boa 1216 Beotonvlje, Ar 72712 Office (479) — 787-9820 -- Fax (479) - 797.602,7 Centractors Lange 00803101109 DATE: January 13, 2005 TO: Marinonl Constrotdon Ann: John JOB: Fayetteville Water alk Serer RE: Addiltonal Worst Materiel, labor, taxes and insurance to install the following: 1. Approximately 12 LF of wall at classroom #1 16 to be 3 5/8" 20 gauge metal studs 16" on center to bottom of purlin and I layer of 5/8" sheet rock on each side of wall full height, no iasuiation - ADD: $ 964 2. Add furring on block walls at office area 19' high with 7/8" 25 Range DWC and 5/8" sheet rock- ADD: $ 480 NOTE: Temporary power, lights and dumpster supplied by General Cuutr>actor. RogenAhanew, Phone (501) 621.9800: Fax (501) 621-9895 I I 1rI) I1 1Nit) I PROJECT: City of flyettrville($ewer and water operations center) ATTM: John Marinoni Extra painting on the block wall added which divides room 151 Add $325 QUOTE SUBMITTAL Date: January 4, 2005 Project Name: City of Fayetteville, Water & Sewer Operations Center From: Dave Jones Bidder Commercial Coverings, Inc. (CCI) 2660 W. Walnut, Rogers, AR 72756 Phone 479-631-2500 Fax 479-631-2233 To Marinoni Construction Co. We request a change order in the amount of $48 to run the base on the wall being added to divide room 151 JOHN P. MARINONt CONSTRUCTION COMPANY, INC. 1142 N. FUTRALL DRIVE FAYE►TEVILLE, ARKANSAS 72703 (501) 251-1316 FAX 251-1319 January 14, 2005 Cromwell Architects & Engineers Fax 582-2929 Attn: Mr. Thad Kelly III, AIA File Reference, 11 Re: City of Fayetteville Water & Sewer Operations Center I •1 hl9fb.ii'N9 t,; . n♦ •.. • •--•. II • 1• 1 u • 111L• • r. door• ••• •• Ifacing • • 1 ♦ •• '••. •l .•• .• .� _ •� • • *4'L. be : 1••jd • �1 M 'i Lk. J JII..i I Sincerey. John P. Marinoni Note: the extension includes DESCRIPTION Labor plus 50% for payroll burden, vehicles and small tool use Materials plus 13.5% for sales tax and incidental items UNIT Labor Materials Subs Equipmen Total GENERAL CONTRACTOR'S WORK Supervision 1 Day 250.00 375.00 Hollow metal door frame 1 ea 25.00 160 219.10 Hollow metal door leaf 1 ea 25.00 240 309.90 Door hardware set 10 1 set 50.00 135 228.23 Hoilow window frame 1 ea 25.00 175 236.13 Clean UP and Dumpsler Fees 1 IS 25.00 25 65.88 SUBCONTRACTED WORK 15% Mark up on GC's work 215.13 Electrical 1 LS 1,391 1,391.00 Glass 1 LS 348 348.00 Painting Drywall 1 LS 648 648.00 1764 964.00 5.000% Mark -Up on Subcontractors 167.55 6.440% Performance and Payment Bonds 332.81 Total 5.500.72 ESCHE COMPANY QUOTATION flat Sara rDR flflMs *z nasa ATilk JOMA acri NENp106�'OAn Add a hollow metal frame for opening 1064 $160 Add another FE -I hollow mewl window frame $175 Add a hollow metal door leaf for opening 106A $240 Add an extra door hardware set 10 $135 TOTAL $710 ft our 0tllotsee bpbnod N Mbsionpfle.wdosSc. IbraaMasaCA0OIMslevew cs ar • T COMPANY: • ar P.O. 8os 1370 7O1Ka_ RS SpSgdaiAR 72e. AR 72765 tC1R1C P& 4S?5S 6177 VAX 479.756- 6931 January 10, 2005 MarinoW C.oaatrut on Company 1142 Futmll Drive Fayetteville, AR 72761 Mtn: Joibn P. MarivaW RE: Payetsn@e Water & Sewer We are asking for a change order on the following items. Item #1. Room (1116 S.E. Comer, add. (8) IG receptacles, (1) sirrgk pole Dimmer and (1) incaodnccat 10" dnun two lamps, light fixture. We am etc • 120 -volt, 20amp circuits from panel E2 to power these receptacles. D $ 1,391 Item C. Room #151, divide into two offices. Add rwn 3 -way switches, one fixture type 82 and one 120 -volt 20 amp receptacle. ADD S 500 Item #r3 Concourse 131. add one 3 -way switch. ADD $ 184 Item #4 Break room 122, add 120 -volt connection and switch for garbage disposal. ADD $ 204 Tim White Project Manager iMam Electric In. of Arkansas Bsager Gass 1766 N. Colleege Ave.• Fayettevv lle. AR 72703 479-443-4373 - FAX 479.443-3331 Quote Con$rrnation To: John P. Marinoni Conshvction Job Name: Water Treatment Plant Ch Inge Request I 1142 Ftma11 Dr. FayetteWpe, AR 72703 Quote # : 200301064 Attu: John Marinoui Fax:251-1319 251-1319 From :phone 'Ibisquote covers onb' the materia s Iist d below. Price quoted is fstn fm 30 days temp below date and is so rjat to our terns and conditions of sale as defined herein. TERMS OF THIS SALE 2✓Zsraash and install:ARE: eatJO. 1) lJa" eloar —"�-- LaAPered glass Sn new hollotr metal frame. approx. 10 aq. ft. Class No. Finish T� Clear ' Total Net Prl a (All Prices Include $..les Dark Bronze $340.20 Black Etter:or Paint Interior Paint Approxir^atc abipping Mill pis -cheat order an�o app �ed week after receipt of Othcr FOB. shipping ht. drawings. Dp s point, freight. General Notes: All°wed Collect NOTE This proposal is qualified by Design and/or Quantities listed READ CAREFULLY_ BY tack Barnhart Title: Branch Manager Date: 01-14_2005 icr Adwses, PNone (301) 621.9800: Pss (301) 621.9893 rfl- PROIECTt Crty of Payettevlla{Sewer and water operations csater) ATTV: John Marinoai Extra sheetrock finishing and painting on the new walls making up these rel roo in the southeast corner of classroom 116 Add ALUUSr1CALCEILINGS -METAL STUDS & DRYWALL BUILT - WELL CONSTRUCTION CO. Pholip rhufter Pact O1Croe Box 1216 Beaton,( , Ar 727)2 Office (479)— 787_ 0 -- Paz (479) — 797-6025 Contrncton Ucease 06003601?85 DATE: January 13, 2005 TO: Marinoni Construed" Attn: John JOB: Fayetteville Water & Seger RE: Additional Work hllattrial, labor, taxes and insurance to install the following! 1. Approximately 12 LE of wall at classroom #116 to be 35/8" center to bottom of porlin and I 1 ° metal studs 16" on insulation - aS�T of 5!8" sheet cxt each side o 1 full height, no ADD: $ 964 2. Add furring on block wails at office area 19' hi 718" 2 ¶ gauge DWC and 5/8" shat rock - ADD: S480 NOTE: Temporary power, tights and dnmpster suppled by General Contrsetor. Submitted by: im Galytaa JOHN P. MARINONt CONSTRt1CTtON COMPANY, INC. 1142 N. FUTRALL DRIVE FAYETTEVILLE, ARKANSAS 72703 (501) 251-1316 FAX 251-1319 January 14, 2005 Cromwell Architects & Engineers Fax 582-2929 Mn: Mr. Thad Kelly III, AIA File Reference: 12 s-sIL.sAp,L I Dear Mr. Kelly: We request an extra of $205.84 for the following work: Adding a 3 -way switch In the East end of Concourse 131. Smcererj , At John P. Marhwni Note: the extension includes Labor plus 50% for payroll burden, vehicles and small tool use Materials plus 13.5% for sales tax and Incidental items DESCRIPTION UNIT Labor Materials Subs Equipmen Total GENERAL CONTRACTOR'S WORK: 0.00 0.00 0.00 0.00 0.00 0.00 SUBCONTRACTED WORK: Electrical 15% Mark upon GC's work 0.00 1 LS 184 18400 0.00 0.00 000 5.000% Mark -Up on Subcontractors 9.20 6.440% Performance and Payment Bonds 12.44 Total 205.64 P.Q. Bos 1370 702 d leese rt Sprfajngdaq ARAR 72765 FCIR/C P8 179.736.6777 FAX 479-756-031 January 10, 2005 Marina( Construction Company 1142 Futrall Drive Fayetteville, AR 72761 Alta: John P. Marimoni PT: PaycKevila. Water & Sewer We art asking for a change order on the following items. item #1. Room #116 S.E. corner, add, (8) IG receptacles, (1) single pole Dimmer and (1) incandescent 10" drum two lamps. light fixture. We are providing two 120 -volt, 20amp circuits from panel E2 to power these receptecla, ADD $ 1,391 Iran #2. Room #151, divide into two offices. Add fwo 3-wav switches, one flxtWe type 82 and one 120 -volt 20 amp receptacle. ADD $ 500 Iaso #Y3 Concourse 131, add one 3 -way switch. ADD $ 18 Itrrm #4 Break room 122, add 120 -volt connection and switch foe garbage disposal. ADD $ 204 1 JOHN P. MARINONt CONSTRUCTION COMPANY, INC. 1142 N. FUTRALL DRIVE FAYETTEVILLE, ARKANSAS 72703 (501) 251-1316 FAX 251-1319 January 14, 2005 Cromwell Architects & Engineers Fax 582-2928 Attn: Mr. Thad Kelly Ill. ALA *ahk Sineercfy, John P. Marinorn Note: the extension includes Labor plus 5G% for payroll burden, vet»des and sma6 tooi use Materials plus 13.5% for sales tax and Incidental Items DESCRIPTION UNIT Labor Materials Subs Equipmen Total GENERAL CONTRACTOR'S WORK: 0.00 0.00 0.00 0.00 o.00 0.00 15% Mark upon GC's work SUBCONTRACTED WORK: Electrical 1 LS JII 5.000% Mark -Up on Subcontractors 6.440% Performance and Payment Bonds Total 10.20 13.79 rtu=sA PAa Box 1370 7011 daleerRrire SpHajdak, AR 72765 F�TMC Pa 479.736.677/ FAX 479.756 -6th Januazy 10, 2005 MarboW Goaetruc ion Company 1142 Futrall Drive Fayetteville, AR 72761 Atta: Iobn P. MariaoW RE: Fryettevipo Water & Sewer Dear, john We are asking for a change order on the following items. Item #1- Room *116 S.E. corner, add, (g) IG receptacles, (1) single Dole Dimmer and (1) incandescent 10" drum two lamps, light fixture. We are providing two 120 -volt, 20amp circuits from panel E2 to power tbese receptacles. ADD $ 1,391 Item C. Room #151, divide into two offices. Add two :-wav switches, one fixhre type B2 and one 120 -volt 20 amp receptacle. ADD $ 500 Item #3 Concourse 131, add one 3 -way switch. ADD $ 184 Ibm #4 Break room 122, add 120 -volt cotrnectioa tch for gasbag disposal. Sincerely, Tim White Project Manager Marrs Electric Inc. of Arkansas JOHN P. MARINONI CONSTRUCTION COMPANY, INC. 1142 N. FUTRALL DRIVE FAYETTEVILLE, ARKANSAS 72703 (501) 251-1316 FAX 251-1319 January 14, 2005 Cromwell Architects & Engineers Fax 582-2929 Attn: Mr. Thad Kelly III, ALA s..jJff,q I. //% Since ely, J% / �% i� John P. Marinoni JsIAIis Note: the extension includes Labor plus 50%6 for payroll burden, vehicles and small toot use Materials plus 13.5% for sales tax and Incidental Items DESCRIPTION - UNIT Labor Materials Subs Equipmen Total GENERAL CONTRACTOR'S WORK: Supervision 1 Day 250.00 375.00 0.00 0.00 0.00 0.00 0.00 15% Mark up on GC's work 56.25 SUBCONTRACTED WORK: Plumbing 1 LS 1.420 1.420.00 0.00 0.00 0.00 5.000% Mark -Up on Subcontractors 71.00 6.440% Performance and Payment Bonds 123.79 Total 2.046.04 JOHNSON MECHANICAL CONTRACTORS, INC. REQUEST FOR CHANGE ORDER TO: Marinonl Construction Mn: John Marinoni Date: January 14, 2005 WATERSEWERCO4 Re: Fayetteville Water and Sewer- Fayetteville, Ar. Gas line for warehouse Furnish and install 1" medium pressure gas line from main building underground to warehouse. TOTAL ADD FOR CHAP�ES $1,420 Respectfully, Steve SheIley 513 Prairie Street . Fayetteville, Arkansas 72701 Telephone 479-442-5287 FAX 479-444-7572 I Clarice Pearman - Marinoni COI Page 1 From: Clarice Pearman To: Hurd, Coy Subject: Marinoni CO1 Coy. Attached is a copy of the change order for Marinoni Construction. I am returning signed originals via interoffice. Thanks. Clarice CC: Deaton, Vicki LW City of Fayetteville q /z-'7 ft$ Staff Review Form Co Ibn1 tb4r For Staff Review Onty City Council Meeting Date Coy Hurd Building Services Finance and Internal Services Submitted By Division Department Action Required: The action required is for the Mayor to sign the attached Change Order Two (to the Water and Sewer Operations Center Project), John P. Marinoni Construction Company's contract (Number 946). The City Council has approved the contingency fund in the amount of $225,159 (Resolution Number 35-04, dated March 2, 2004 and attached). This request does not require Council action. $20,349.78 Cost of this request 5400 5600 5804 00 Account Number 98076.20 Project Number $ 1,891,675.00 Cate o /Pro ed Budget $ 1,668,032.40 Funds Used to Date '$223,642.60 Remaining Balance FWIS Operations Center Building Program Category! Project Name Water and Sewer improvement Program / Project Category Name Water and Sewer Fund Name Budgeted Item Budget Adjustment Attached EJ Previous Ordinance or Resolution # \ e � r Department rector Date Original Contract Date: n w Original Contract Number. (/ OS City Attorney Received in City Clerk's Office � _ Zl• Finance a d In maI Service Director Date t. k FAYETTEVILLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE MEMORANDUM TO: Mayor Dan Coody THROUGH: Stephen Davis, Financial and Internal Services Director} FROM: Coy Hurd, Project Manageq I _ DATE: September 22, 2005 111777 "' SUBJECT: Change Order Two, Sewer and Water Operations Center Recommendation: I recommend that the City accept these prices for the change in scope and that the Mayor sign the Change Order form. Background: Attached is the proposed Change Order Two for the Sewer and Water Operations Center; this project is ninety-eight percent complete. Change Order Two contains eight items that are essential to the function of the building and are deemed to be offered at a fair price by the Contractor. Discussion: The cost of these items is $20,349.78. This cost is within the budget of the contingency fund that was previously approved by the City Council. In addition to extra cost for these items, the Contractor has requested 44 days be added to his contract (making the last day of the contract as August 31, 2005). Most of these extra days are requested for the installation of a security system which has been added to his scope of work. I believe this extension of time to be equitable for the work. I remain available at your convenience to answer any questions regarding Change Order Number Two. /1 RESOLUTION NO. 35-04 MICROFILMED A RESOLUTION TO APPROVE THE CONSTRUCTION CONTRACT FOR THE NEW WATER AND SEWER OPERATIONS CENTER WITH MARINONI CONSTRUCTION, INC. IN THE AMOUNT OF $3,403,199.00, PLUS A CONTINGENCY OF $225,159.00 AND A BUDGET ADJUSTMENT OF $128,235.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVII.I,E, ARKANSAS: Section_1: : That the City Council of the City of Fayetteville, Arkansas hereby approves a construction contract for the low bidder, Marinoni Construction, Inc. to build the new Water and Sewer Operations Center in the amount of $3,403,199.00, plus a contingency amount of $225,159.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment of S 128,235.00 as required for this project. PASSED and APPROVED this the 2Id day of March, 2004. By: By: a/Yt SONDRA SMITH, City Clerk APPROVED: CHANGE O` NER ❑ ARCHFIECT ❑ ORDER CONTRACTOR ❑ FIELD ❑ AJA DOCUMENT G70/ OTHER ❑ PROJECT: TO CONTRACTOR: City of Fayetteville Water Operations Center 2435 Industrial Drive Fayetteville, AR 72703 John P. Marinoni Construction, Co. 1142 N. Futrall Drive Fayetteville, Arkansas 72703 The Contract is changed as follows Item No. I Elimination of the wall above the warehouse f (9,075.07) Item No. 2 Provide New Security system from Mid -South Security Systems $ 19,357.65 Item No. 3 Provide for the install of three runs of 2 x4 in Rms $ 1,003.92 Item No. 4 Provide for wing wall l 14 and 1 l5 $1,505.11 Item No. 5 Provide for a new 50 amp range receptacle, conduit wirc and breaker $ 2,362.20 Item No. 6 Provide for Type nine DI Fixtures to Bronze w/HPS lamps and visors $ 1,764.40 Item No. 7 Change II Exit Lights $ 1,809.11 Item No. 8 Provide time clock and two pole lighting contactors to control $ 1,622.46 CHANGE ORDER NUMBER: DATE: ARCHITECT'S PROJECT NO: CONTRACT DATE: S 20,349,78 Two (2) August 31, 2005 2003035 March 2, 2004 Not valid until signed by the Owner, Architect and Contractor. The Original (Contract Sum) ( ) was ................................................... $3,403,199.00 Net change by previously authorized Change Ordens..................................................................... S 12,487.52 The (Contract Sum) ( ) prior to this Change Order was .......................$3,415,686.52 $3,415,686.52 The (Contract Sum) ( ) will be (increased) (deereesed) (wrehanged) by this Change Order in the amount of.............................................................. $20,349.78 The new (Contract San) ( ) including this Change Order will be........ $3,436,036.30 The Contract Time will be (increased)44eaed) (uns ed) a (44) days. The date of Substantial Completion as of the date of this Change Order therefore is August 31, 2005. NOTE: This summary does not reflect changes in the Contract Sum, Contract Tune or Guaranteed Maximum Price which have been authorized by Construction Change Directive. Crmrwell Architects Fnttmrre.R tw. ARCHITECT 101 Sautb Sarnia Suoet / 7 N. Block Ave CONfRACFOR 1142 N. Futrell Drive Adrbw Fa teeville Arlunw 72703 DATE O "3C 7d f City of Fayaseville OWNER ALA DOCUMENT 6701 • CHANGE ORDER • 1987 EDITION • AIA® • 01987 • THE AMERICAN INSTTIUFE OF ARCHrIECrS, 1735 NEW YORK AVE, N.W., WASHINGTON, D.C. 20006 G701-1987 Fkxi-1 (-c'% 5 08:3441 FROM: TO: Thad JOHN P. MARINONI CONSTRUCTION COMPANY, INC, 1142 N. FUTRALL DRIVE FAYETTEVILLE,ARKANSAS 72703 (501) 251-1316 FAX 251-1319 Aupust17,2005 Cromwell Asthiteda 8 Engineers Fax 582-2929 Alln: Mr. Thad Kelly III. AIA File Reference: 21 rev 2 Re: City of Fayetteville Water & Sewer Opera&ons Coker Dear Mr. Kely We request an extra ($19,357.85 for a scanty system as follows from Mid -South Scanty Systems: 1EA DSX1045PKG I FA DSX AS150-27 Pown Supply 1 EA WInDSX Sortware 6 EA Proldm tj Card Readers (Mulfion Mount) 3 EA 12 Volt DC Baaenes 10 EA Dyndock Magnetic Locks 8 EA Requsat to Exit Motions 500 LF Cable 2 EA Mounting Hardware fm Gates 115 Labor A monthly maintenance agreement is available at some additional oosl and Ural would be between the City and Mid South Security. An eddriorW 30 days Is requested for this Uunge order. rn Joan P. Mannoni BREAKDOWN: Note: the extension Includes DESCRIPTION GENERAL CONTRACTORS WORK: Supervision SUBCONTRACTED WORK: Scvaay System Labor Plus 50% for Payroll burdon, vchidae and small too' use Materials qua 13.5% for sales tax and Inddentet items UNIT LaborMateria Subs Total Tod Rental 5 Days 250.00 1.875.00 0.00 0.00 15% Mark up on GC's work 281.25 1 IS 15,288.85 15.266.85 5000% Mark -Up on Subcontractors 763.34 6.440% Performance and Paymeni Bor 1,17121 Total 19,357.65 JOHN P. MAMMON CONSTRR tJCTION COMPANY, INC. 1142 N. FUTRALL DRIVE FAYE7TEvzu ,ARKANSAS 72703 (501) 251-1316 FAX 251-1319 b sy 7.2005 Cromwell NM4ecty & Enpinaers Far SR, -2B29 Ath W. Thad K@4 eL AIA OtF FileRefervrwe:24 Re G4' Ayemmat War a Steer gyera sons Cartier Jdbrt P. Ms%t0rs BREAKDOWN Nate: the eleansion indutlee Labor plus 50% for payroll burden, vehicles and smog tool use t puts 1135% tr sales lst yfd lnCideraatwo -\w rru- UESCRIPTION UNIT t.aborMaterial, a Subs Total l3893M CnRWtCTORs M40W Superviaian Day 250.00 37500 000 Mark 1591, 0.00 SUBCOWM4 TEDW W up on GC's work 56.25 . . . / D. Gp 5.000% Mark -Up on Suboonfrran015 52.05 6.440% Performance and Payment Bonds 08.18 TOW 1,22.46 9,t:d Pe41:01 :W0ej d5T:b0 S0@2-0I-9flt JOHN P. MARiNQW CONSTRIJCTION COMPANY, INC. 1142 N. FUTRALL DRIVE FAYETTEVILLE, ARKANSAS 72703 (501) 261-1316 FAX 251-1319 'MY 7, zr Fib Reference 22 r it JoM P. flatinatt BREAKDOWN: Note: Me extension includes Labor phis 50% for payroll burden. vehiUes and small cool use Ma sAs-13-0%fOr seen tai end Yiddetdat hula DESCRIPTION UNIT LaborMaleriass tl Subs Total Txt P:ar4.el . . 1.00 Days 1 LS 1LS 1 11 15% Markup on GC's work 375.00 0.00 0170 56.25 (622) (622.00) 5,790 1,79000 nt 4Jp an Saba• b 44(Ph retratrnance and I'aynerd Sodas 1.704 40 9'£'d PQ41:01 :W021J ds1 :ts0 S002 -01-90t$ JOHN P. MARINONI CONSTRUCTION COMPANY, INC. 1142 N. FUTRALL DRIVE FAYETTEVILLE,ARKANSAS 72703 (501) 251-1316 FAX 251-1319 July 8. 2005 Cromwell Architects & Enpineers Fax 582.2929 Attrr Mr. Thad Katy 91, AIA Flia Reference 28 Re: City of F3yetteW le Water & Sewer Operations Cenler r.. Fa Ii tiiq ..'J..,. ___ ... .- 1-. 1 j.7' . 1...- . .. . . I 4:q•..1: ill. I t%%! 14W I!.w11! A J.• Ii u• • 11-. . I . 11 • ••1 . 1 1_ I CAL Joan P. Manndnl BREAKDOWN: Not the aMerpwn includes �T.T—AT•— — V_ -- — —A.. yy..y.- -- DESCRIPTION Labor On 50% tar pavrop burden. vanes and smal tool use Matari is - 13.5% for sales tar and incidentrd kerns s. .a. \Y • UNR LabaMaterpls I Subs Total Tool Rental GENERAL CONTRACTORS WORK: Supt:rvlsion 3 Days 250.00 1,125.00 Range Hood I Ea 60.00 100.00 188.50 0.00 i5%Markuvcl,v0.work 1ur.w JVVV1..IVNII L./ IVI\I\ Etetiool I LS 375 375.W Ductwork 1 LS 200 200 W Paln&g Ductwork I LS 100 100.00 000 5.000% Mark -Up on Sutconueclas 33.75 6.401E PMdmance and Payment Bonds 142.92 Total 2.362.20 1/1:d Po41:01 :WO83 dt70:10 S002-8--nf J0s.A P. MARJN0M CO STRL CTI0N COMPANY. INC. 1142 N. FUTRALL DRIVE FAYETTEVUE, ARKANSAS 727O3 (501) 251-1316 FAX 251-1319 1M4 T, 2006 Crvmw_B NUS d EVnem Fox 682,2929 Aaw Yr. ThW Kidy, IIL AIA D€SCAIPTI0N UNIT LabodlawMsls t subs TOW TQI*VWS.i JOHN P. MARINONI CONSTRUCTION COMPANY, INC. 1142 N. FUTRALL DRIVE PAVE TTEVILLE,ARKANSAS 72703 (501) 251-1316 FAX 251-1319 March 3, 2005 Cromwea Architects & Engineers Fax G82-2029 AWL Mr Thad Kelly Ill, AtA FOe Re%mra 18 Re: City of Fayetteville Watsr 8 Sower OperatiOns Center Dew Mr. Kelly We request an eta of $1,003.02 for instaling three runs of 2x4 wood docking in the walla in the 10ggons a9 drew In mom 128, 129, 123 end 125. fhe blocking Is it 84'. 68` and 57 for the record. An extra day is requested for this od6tional work. socerety, A& ,ae4esse.bn John P. Merinoni BREAKDOWN: l Iwden, vehicles and amen cod use Nee. ms enenswn tndudes tabor plus 50% ran pays MatMab plot 13.5% 1W Saks lac and wKidenbl rroms �..« DESCRIPTION UNIT LaporMeted0lsb Subs To18r Tool Rental GENERAL CONTRACTOR'S WORK 0.30 Deya 250.00187 50 s permston632.66 2k4 wood blocWng th ire well 306 IS 1.00 0.50 0.00 0.00 000 000 15% Monk up on GCs work i2302 Ct 3CF "JVgA^-Tcn WO RK Ann 5.000% Mark -Up on Subcontractor$ 0.00 8.410% Performance and PcTyment Bonds 60.74 Total 1,003 92 T/T:d Pe41:01 :WOad d2O:20 5002-£-ddW JOHN P. MARINONI CONSTRUCTION COMPANY, INC. 1142 N. FUTRALL DRIVE FAYETTEVILLE, ARKANSAS 72703 (501)251-1316 FAX251-1319 August 17, 2005 Cromwell Architects 6 Engineem Fax 582-2929 Att1: Mr. Thad Kelly III, AIA File Rele . 23 ru Re: City of Fayettewlle Water & Sewer Operations Center V c.< , •a \ John P. Marinoni •REAKDOWN: Note: the extension incluLabor plus 50% for payroll burden. vehicles and small tool use Materials plus 13.5% for sales tax and Irlciderttal items - DESCRIPTION UNIT LaborMaterials S Subs Total Tool Rental -.Y M1Y\--- —M1 M11 GENERAL CONTRACTOR'S WORK -- —w —M1w_- --- M1Mr1M1Mn SupervSon 1.00 Days 25000 375.00 0.00 0.00 15% Markup on GCs work 56.25 SUBCONTRACTED WORK: Credit for originallyspecific 1 LS (1,482) (1,48200) Add for new fixtures I LS Z690 2,690.00 5.000% Mark -Up on Subcontractors 60.40 6.440% Performance and Payment Bonds 109.46 Total 1.809.11 JOHN P. MARJNONI CONSTRUCTION COMPANY, INC. 1142 N. FUTRALL DRIVE FAYETTEVILLE, ARKANSAS 727O3 (501) 251-1316 FAX 251-1319 par T3, zl ccomwe0 Arch S & Engineom Fax 582-2929 WI; Mr. Thad k&y N1, AIA F de Reference: 20 .' jflrij 9"r' • 'oh . _'iii ioU John P. Mwinat ♦.1 'SLid r DESCRIPTION dcl SUBCONTRACTED WORK MeW BWdilq Ese rs4 men X 10 days (320)Man His 23.50 (7.520.00) Weld ft Madina welmnp rods & wadies (1) Lump Sum 50.00 250.00 (300.00) Pairibn the Structure (1)Lump Sum 200.00 (200.00) Misc Maknals. Calking. Eta (1)Lump Sum 100.00 (100.00) 5.000% Mark -Up on Sutcoiltaciors (400.00) 8.440% Performance and Payment Bonds (549.07) Trial (9,075.07) Clarice Pearman - CO#2 Page 1 From: Clarice Pearman To: Hurd, Coy Date: 10/25/05 4:17PM Subject: CO#2 Coy, Attached is the change order for Marinoni Construction. Thanks. Clarice CC: Bell, Peggy: Deaton, Vicki CHANGE D°'Hard, Ph° d5 ARCHrrECT ❑ Cromwell Architects Engineen 5/1 q /a ie ORDER CONTRACTOR ❑ Steve Smith co #3 FIELD ❑ Thad Kelly, MA 1 AM DOCUMENT G701 OTHER O p7 rI,'1OJ1/ /added PROJECT: City of Fayeltevlk CHANGE ORDER NUMBER: Three (3) Water Operations Center 2435 Industrial Drive DATE: May 24, 2006 Faydhvlll AR 72703 TO CONTRACTOR ARCHITECT'S PROJECT NO: 2003-063 John P. Marinonf Construction, Ca 1142 N. Futrall Drive CONTRACT DATE: March 2, 2004 Fayetteville, Arkansas 72703 The Contract is changed as follows Item No.I Relocating traffic gates, adding boxes, wire and conduit $1,652.32 Item No.2 Excavation, conduit, wire, devices and owner's floor boxes $4,528.44 Item No.3 Liquidated damages, $179.00 per calendar day (10 Days) Q1,790.00> Item No.4 Sales Tax Increase: $6,977.00 Item No.5 Builder's Risk Insurance Coverage: $17,137.05 Item No.6 Relocate cable tray and communications boxes to tray $3,972.82 Item No.7 Add circuit for security in Communication room $160.94 Item No.8 Install 1" low E tempered insulated glass at exterior doors. $2,148.49 Item No.9 Provide 100 amp service to Owner supplied meter cleaning machine. $3,057.49 Total: $37,844.55 Not valid until signed by the Owner, Archibct and Contractor. The Original (Contract Sum) ( ) Was ................................................... 53,403,199.00 Net cJlmge by previously authorized Change Orders..................................................................... $32,837.30 The (Contract Son) ( ) ixia to this Change Order was ....................... $3,436,036.30 The (Contract Sum) ( ) will be (increased) (dasnaaad) (aeshmgsd) by this Change Order in the amount of.............................................................. $37,844.55 The new (Contract Sum) ( ) including this Change Order will be........ $3,473,880.85 The Contract Tile will be (iocreaaed)(dsrwad) (-- '.—g (27) days. , .0 ,•-, n• _I -r ri .n.'. a •ryrac ini •no r u • r� nl--. .ximu • • u.•n 1. •--� Cromwell AS lr•m Foplea- Iee AReHf ECT 101 South sinter sunk / 7 N. Block Ave it P. M.ecr Coo•truaim Co. DATE I, I.. i dAa AU DOCVMENr C701 • CHANGE ORDER • 1917 EDITION • AIM • O1987 • THE AMERICAN INSTRlTIE OF ARCIITECI9, 1735 NEW YORK AVE, N.W., WASHINGTON, D.C. 20006 Cayo&FridW li OWNER 6701-7:67 CHANGE OWNER ❑ Coy Hord, PhD ARCHITECT 0 Cromwell Architects Engineers ORDER CONTRACTOR ❑ Steve Smith FIELD ❑ Thad Kelly, AIA AIA'DOCUMENT G701 OTHER 0 PROJECT: City of Fayetteville Water Operations Center 2435 Industrial Drive Fayetteville, AR 72703 TO CONTRACTOR: John P. Marinoni Construction, Co. 1142 N. Futrell Drive Fayetteville, Arkansas 72703 (y:r_\:CeiAre);Tf)aiWaIISI:)a:�rT." O DATE: May 24, 2006 ARCHITECT'S PROJECT NO: 2003-035 CONTRACT DATE: March 2, 2004 11 TI 1 Relocating1 i111 I 11 n 11 •M ITI TtT I 1 ✓. 11 if','?, •1 I. 1 •w. . 1.1 1 .lu 1 1 I1 .1 r 11:'� ' 11 1- r: -11 1 1 • 11 11 II +111 , w Increase:1 ' 11 I I 1 1 ' I ✓.11 r: l 1 andcommunicationsboxes, 1 1 I I I 1 I • 1 I 1 11 III 1 r: 1 1 1 , I I I , I I. 1 1 1- Y 1 1 :I :` u I ` Provide11 m1 •- 1 • v 1!j.! Y1 meter., .:iiii;rr.iflit 1 Total: $37,844.55 Not valid until signed by the Owner, Architect and Contractor. The Original (Caetmet Sum) ( ...................................................... ................................................... $3,403,199.00 Net clump by previously authorized Change Orders..................................................................... $32,837.30 The (Contract Seen) ( ) prior to this Change Order was, ...................... $3,436,036.30 The (Contract Sum) ( ) will be (increased) (4s•reaaed) (.sad) by this Change Order in the ammut of............................................................... $37,844.55 The new (Contract Sum) ( ) including this Change Order will be........ $3,473,880.85 The Contract Time will be (immved)(deeeasesd) (27) days. lie1 - r d Is :IIr rurr o r t r - ,,)tvTsI I:n eOrde 1e r • r -n r -I 11 • r - nllrlu oe authorized1 Inst x ♦1Change•re 1 J. • ,I. P I I 1 BYq DATE M AIA DOCUMENTG701 • CHANGE ORDER • 1987 EDITION • MAC • O1987 • THE AMERICAN INSTITUTE OF ARciirrE(.'T8, 1735 NEW YORK AVE, N.W., WASHINGTON, D.C. 20006 City ofFrAsevi le OWNER 113W Mr-® Street BY DATE G701-1987 Ccc/- £h7S1TUC$7ft7? `S. Certification of Substantial Completion ALA Document G704 Distribution to: OWNER ARCHITECT CONTRACTOR[ FIELD[ OTHER PROJECT NO.: 2003-035 PROJECT: City of Fayetteville (Namle and mare:,) Water and Sewer Operations Center CONTRACT FOR General Contraction Industrial Drive Fayetteville, AR 72701 CONTRACT DATE: March 2,2004 TO OWNER City of Fayetteville TO CONTRACTOR Mariooni Construction Co Inc (Name and ad*ws) 113 West Mountain Street (N°"" and address) 1142 North FutriO Drive Fayetteville, AR 72701 Fayetteville, AR 72701 DATE OF ISSUANCE: May 24, 2006 PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Water and Sewer Operations Center • II -1 III1.. 1 •11 M I: 1.-I •-'I .II• 1 n\ • 11 -V -. •I•' -•i♦ II • 11'.11.11 ,III I-- __, - 1 1 1'1.111. .I IIY- Lul\ 11111:11'1 1. 1 1 Ilye. •. 1 \•. -I 11 1 \ 1_,'11':-1 ••\,1, L:-1 11 X9 Y111I -.rl 1-qY 1 11 Ills ►•VIIII_16 111 ►' 1- Y11 Irr 11 1 11 11 • 1 1 A 1' -II -1 C I. • 1.x..11., luv -11'1.11'11\11.11--11_.•_ I I.I.1 11 1-1-.1.1-1..1111 11'11 111 .11-1:11r114,11_1 Y_n 411.4,11.•'.1 :11.n1_.111 .11n 1111 Y►1VN-11._._1-11 r' II r r •1114, :LLr \ • •r .1 .1 :4,c 1 .r ' - , I .III. 11 11.E 11 I 1 .'. • I r l :1 1 r I r ► I r I I 11. ARCHITECT Crowell Architects Ergheen 101 S. Spring Street 7 N. Block Ave. Little Rock, AR 72201 Fayetteville, AR 72701 DATE: t by 1- 11 1pyIlI..1111 , 1 .Y I 11 • II 1 I -I IL YI :1 --1 1111 P: 111.1 8LIIU4c'flL.l.I) 41 , „ .LY I' 1 rI .114" • X41 1 11 .nl. 1 •I.n1 .11i. ..1 nl.. r 11�- 1 111 a •4 • �11.,.-1 Fit' 11 1 1.1 •. 1.. \ 1:.1:11 \ Iln, 5r, CONTRACTOR Mariaooi Comaraction Company, Inc, 1142 North htrall Drive Fayetteville, AR 72701 DATE: f,4 V/D4 1 . 1_ ._Il 11 1 1 1 1 .., r_11 _111 111 11__1 .11.'1911. .11111.. :111 ,.. 11 11I 11 --..\I __ I l u \ 1 11 1 I w n l ,1 1 I n al11 11 BY DATE: 1 .+'1\L,rl •• 6_ .III 111Y1 1 -41 11111 spar 1�:1 1 1-. ,.1. \ 1 \ .11 1 .IIY 1-. ILt 1 1 1 -1 r 1 .Ir ,r ♦r \. -V 1 II 1-. 1.1111 1 1 1 .111 1.11- 11-.11Y r111I \ III III 111J..IIr rl -1 II I 1. 1 YYIIII -111 1 11 1 C MA DOCUMENT 0704 - CERTD'1CA17ON OF SUBSTAN IAL COMPIfON - 1992 EDMON - AIA - COPYRIGHT 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292. WARNING_ Udcrsed photocopying vi lat1. U.S. mp7ndd Ins and i n4jea to ..1 prol/omiot lire doaweol wn aecimi -"y pro8aoed eider Scene m rie 1094999534 end an be mpodemd wSa4 to aotl 10/30194. Electronic Document Service O704-1992 2