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HomeMy WebLinkAbout66-09 RESOLUTIONRESOLUTION NO. 66-09 A RESOLUTION AWARDING BID #09-14 TO RICK PERSHALL BUILDING CO. IN THE AMOUNT OF $23,632.30 FOR REPLACEMENT OF THE SOLID WASTE TRANSFER STATION TIPPING FLOOR; AND APPROVING A CONTINGENCY IN THE AMOUNT OF $5,000.00. 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 awards Bid #09-14 to Rick Pershall Building Co. in the amount of $23,632.30 for replacement of the Solid Waste Transfer Station tipping floor. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Contingency in the amount of $5,000.00. PASSED and APPROVED this 7th day of April, 2009. APPROVED: ATTEST: <F �YJTRE9 R S . .:::"..\(:.•b1 v O,c •G,p to. • • 13S 1.-- ;FAYETTEVILLE; E. s 7s•9RKAtdl, 'J, By: Li/Ld1 /tin/limo.... 4� YEI SONDRA E. SMITH, City le�rk/Teasurer Brian Pugh Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/7/2009 City Council Meeting Date Agenda Items Only Solid Waste and Recycling Division Action Required: j1 (09 q W-09 (tic szr 51)4 11 11615 Co - Public Utilities Department Approve resolution to award bid 09-14 to Rick Pershall Building Co. for the replacement of the Solid Waste Transfer Station floor in the amount of $23,632.30, and approve a $5,000 contingency. 28,632.30 Cost of this request 5500-5060-5816.00 Account Number 09013/1 Project Number Budgetrd Item XX $ 55,000.00 Category / Project Budget Funds Used to Date $ 55,000.00 Remaining Balance Budget Adjustment Attached Transfer Station Improvements Program Category / Project Name Solid Waste Improvements Program,/ Project Category Name Solid Waste Fund Name Zb RAVI Date 40J, Finance and Internal Services Director 3 -23-oq Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office `sER(F40 �J(y1 Received in Mayors Office Comments: Revised January 15, 2009 City Council Agenda Item City Council Meeting of April 7, 2009 To: Mayor and City Council Thru: David Jurgens, Public Utilities Director Don Marr, Chief of Staff From: Brian Pugh Date: 3/20/09 Subject: Approve resolution to award bid 09-14 to Rick Pershall Building Co. for replacement of the Solid Waste Transfer Station floor in the amount of $23,632.30, and approve a $5,000 contingency. Recommendation: Staff recommends approving a resolution to award bid 09-14 to Rick Pershall Building Co. for replacement of the Solid Waste Transfer Station floor in the amount of $23,632.30, and approve a $5,000 contingency. Background: The City's Solid Waste Transfer Station Tipping Floor is in need of replacement. After 14 years of waste processing, the tipping floor has recently rapidly deteriorated between the existing rails and has caused tire damage to equipment while processing daily waste loads. City Engineers evaluated the current deterioration and developed a concrete mixture and process to keep the waste from deteriorating the concrete and causing damage to the tipping floor. The current floor and rails need to be removed and replaced with new concrete as defined by City Engineers. Staff issued Bid 09-14 which was opened on 3-20-09. The low bidder was Rick Pershall Building Co. Discussion: The Solid Waste and Recycling Division, utilizing City Engineers, reasons a savings will be realized using specifications as defined by City Engineers. A similar process using an outside company was quoted at nearly $300,000. The process of replacing the floor is expected to take two weeks and Solid Waste vehicles will be direct hauling to the Waste Manaagement Tontitown landfill during that period. The replacement of the tipping floor is crucial to continued efficient operation at the facility for processing solid waste and protecting the environment and public health. Budget Impact: This is a budgeted Solid Waste Improvement Project, number 09013/1. 1 of 1 3/20/2009 3:51:39 PM RESOLUTION NO. A RESOLUTION AWARDING BID #09-14 TO RICK PERSHALL BUILDING CO. IN THE AMOUNT OF $23,632.30 FOR REPLACEMENT OF THE SOLID WASTE TRANSFER STATION TIPPING FLOOR; AND APPROVING A CONTINGENCY IN THE AMOUNT OF $5,000.00. 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 awards Bid #09-14 to Rick Pershall Building Co. in the amount of $23,632.30 for replacement of the Solid Waste Transfer Station tipping floor. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Contingency in the amount of $5,000.00. PASSED and APPROVED this 7th day of April, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer aye evi e ARKANSAS INVITATION TO BID City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W Mountain Fayetteville, AR 72701 Phone: (479) 575-8289 INVITATION TO BID: BID 09-14, Solid Waste Concrete Floor Replacement DEADLINE: Friday, March 20, 2009 at 10:00 AM, Central Standard Time DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren, CPPB, aforenci fayetteville ar us, 479.575 8220 DATES OF ADVERTISEMENT• March 05, 2009 & March 12, 2009 — Issued 03/05/09 INVITATION TO BID BID 09-14, SOLID WASTE CONCRETE FLOOR REPLACEMENT No late bids will be accepted. Bids shall be submitted insealed envelopes labeled "Bid 09-14, Solid Waste Concrete Floor Replacement", with the name and address of the bidder. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to fumish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are. made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: JZ i C K PSS I+ALL l vi tat i c, Lp rM-r JknJ/ Contact Person: kick_ petzswaf-t- Title: OUJMEk._ E -Mall: RP13ufLINnJcC0 @ YA-14-CO• Cow► Phone: 4"7, 9- (at l — 52.145 Business Address: Soft) Ostrni Moth— City: piz.4tal ' E State: Mt Signature: IMal O`"c " Date: City of Fayetteville, Arkansas Bid 09-14, Solid Waste Concrete Floor Replacement Page 1 of 11 ZIP' 72"7 53 3/ 20109 City of Fayetteville Bid 09-14, Solid Waste Concrete Floor Replacement ADVERTISEMENT: 03/05/09 and 03/12/09 The City of Fayetteville is accepting bids from properly licensed professionals to bid on the replacement of a solid waste concrete floor, located at the City of Fayetteville Solid Waste & Recycling Division, 1560 S. Happy Hollow Road, Fayetteville, Arkansas 72701. Any questions concerning the bidding process should be addressed to Andrea Foren, City of Fayetteville, Purchasing Agent at aforenci favetteville.ar.us or by calling (479)575-8220. Bids must be submitted in a sealed envelope or package labeled "Bid 09-14, Solid Waste Concrete Floor Replacement". All bids must be received on or before Friday, March 20, 2009 at 10:00 AM, Central Standard Time to the City of Fayetteville, Room 306, 113 W. Mountain, Fayetteville, Arkansas 72701. Bidding documents must be obtained at one of the following location: City of Fayetteville Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Each bid exceeding $20,000 shall be accompanied by a certified check or bid bond, in an amount not less than five (5) percent of the amount bid. An Arkansas Contractors License is required for any bid exceeding $20,000.00. A one hundred percent (100%) performance and payment bond is required with a contract awarded amount of $20,000.00 or more. Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the Project is located. "Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises." CITY OF FAYETTEVILLE, ARKANSAS By: Andrea Foren, CPPB, Purchasing Agent Ad dates: 03/05/09 and 03/12/09 City of Fayetteville Arkansas Bid 09-14, Solid Waste Concrete Floor Replacement Page 2 of 11 City of Fayetteville Bid 09-14, Solid Waste Concrete Floor Replacement PROJECT TERMS AND CONDITIONS 1. All bids shall be submitted in a sealed envelope, labeled "Bid 09-14, Solid Waste Concrete Floor Replacement" and must contain valid Arkansas Contractors License number related to company submitting the bid. All bids must be submitted on forms acquired by the vendor from the City of Fayetteville. All packaging and shipping containers must be labeled in this same manner. 2. Bids with missing pages or missing any requested attachment will be deemed incomplete. 3. Bids received after the date and time set for receiving bids will not be considered. 4. The City reserves the right to accept or reject any or all bids, waive formalities in the bidding and make a bid award deemed to be in the best interest of the City. 5. The bid price shall remain good and firm until project is completed. Payment to the vendor by the City will be made within 30 days following delivery and acceptance in accordance with these specifications and the City's Purchase Order to the vendor. Faster payment delivery is offered through acceptance of Visa. 6. All products and services delivered shall comply with applicable standards of quality. 7. Any exceptions to the specification requirements of the City of Fayetteville must be noted on the Bid Pricing Form. 8. Total Turn Key price shall include all labor, materials, overhead, profit, insurance, etc., to cover the completion of the project being bid. This includes any federal, state, and local applicable taxes. 9. Failure to deliver on or before the time specified in the contract may subject the contractor to payment of damages or other appropriate sanctions. 10. Copy of any warranties shall accompany the bid, and any exceptions to the warranty shall be clearly noted on the bid form. Written warranties shall specify the greater of the manufacturer's standard warranty or the minimum warranty specified herein by the City. 11.Bidders must provide the City with their bids signed by a representative having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. 12.The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. 13.The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation of bid. City of Fayetteville, Arkansas Bid 09-14, Solid Waste Concrete Floor Replacement Page 3 of 11 14. Bids must be received by mail or hand delivery in the Purchasing Office, Attention: Andrea Foren, Room 306, 113 W. Mountain St. Fayetteville, AR 72701, on or before Friday, March 20, 2009 at 2:00 PM, Central Standard Time. 15.The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at (479) 575-8220 to insure receipt of their bid documents prior to opening time and date listed on the bid form. 16.Bidder must conform to the requirements listed below and include appropriate evidence for each. a. Workers Compensation as required by Arkansas State Statutes b. A bid bond of five percent (5%) must be submitted with all bids. A cashier's check for v five percent (5%) of the amount bid will also be acceptable as a replacement to a bid bond. In the event a cashiers check is submitted AND that vendor is awarded the bid, the bid bond will not be returned until the City of Fayetteville has a valid one hundred (100) percent performance and payment bond. 17. A one hundred percent (100%) performance bond is required after the project has been approved by City Council. Work shall not begin until the City of Fayetteville has a valid 100% performance and payment bond, stamped as being filed with the Washington County Clerk's Office.. Bidder is responsible for filling a copy, including any cost, of the 100% performance bond with the Washington County Clerks Office and all fees associated with such filing. Such performance and payment bond shall be provided to the City within ten (10) calendar days of notice of award. 18.Plans are included with these bid documents. Any discrepancy between the specifications and plans should be brought to the attention of the Purchasing Agent immediately. 19. All new, used and excess construction materials related to this project, including those enticed via change order, belongs to the contractor and shall be removed from the property and job site by the contractor at no additional cost to the City of Fayetteville. Such removal of excess new and used construction materials shall be completed in a timely manner during and after project. Clean up requirements are also as follows: a) Area associated with trenching and construction shall be restored to its original condition. b) All damaged vegetation associated with this project shall be restored to its original condition c) Clean up all waste materials, rubbish, and debris resulting from this protect weekly or at such frequencies as required by the City of Fayetteville. d) Place waste materials, rubbish, and debris in area designated by the City of Fayetteville project manager. e) Oversee cleaning and ensure grounds, job, and all associated construction areas are maintained free from accumulations of debris. City of Fayetteville, Arkansas Bid 09-14, Solid Waste Concrete Floor Replacement Page 4of11 f) At reasonable intervals, and at a minimum of once a week, clean up site and access and dispose of debris off site. Be responsible for procuring permits, if required, for hauling and dumping rubbish, waste materials and debris to a dump site that is approved for the types of materials to be disposed of from this project. g) h) Recycling is encouraged for all recyclable materials. i) Contractor shall use the City of Fayetteville Solid Waste Division for all dumpster and waste disposal needs. j) Remove waste materials, debris, rubbish, etc , periodically and dispose off-site in accordance with other bid specifications, federal, state, and local regulations. 20. Bidders shall be licensed as required by the Arkansas Contractors License Board. Evidence of such license shall be submitted with all bids. ✓' 21. Any reference to a particular brand, manufacturer, or model is done in an effort to establish an acceptable level of quality for this purchase. Brands or manufacturers that are included in a bid that are of at least equal quality, size and specification as to what has been specified, will be acceptable for consideration. 22. Any inquiries or requests for explanation in regard to the City's requirements, bid specifications and associated plans should be made within seventy two hours prior to bid opening to Andrea Foren, City of Fayetteville Purchasing Agent via e-mail (aforen(a).ci.fayetteville.ar.us) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this invitation to bid. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms that have indicated an interest or intention to submit a bid, but the names of any firms submitting any questions, clarifications, or requests will not be disclosed until after the award of a contract. 23. Insurance requirements are listed below. Proof of appropriate insurance must be provided before work begins and is not required for bid opening. Within ten (10) days of notice of award, bidder must provide a Certificate of Insurance within the following minimal requirements and list the City of Fayetteville as an additional insured: ✓ a.) Worker's Compensation: Statutory Amount b.) Comprehensive General & Automobile Insurance: - Bodily Injury Liability $500,000 for each person injured $500,000 for each accident c.) Property Damage Liability $500,000 aggregate City of Fayetteville, Arkansas Bid 09-14, Solid Waste Concrete Floor Replacement Page 5 of 11 24. Bid form referenced "Total Turn -Key Bid Amount" is hereby defined as the entire cost of complete job, including, but not limited to the following: insurance, bonds, all materials, applicable state, local and federal taxes, labor, site preparation, vegetation restoration, etc. 25. "Attachment A: Site Drawing" shall be made part of these bid documents. Bidders shall follow all instructions and notes listed on plans. 26. Newly installed concrete shall have a smooth finish. 27. No air entrainment shall be used. 28. No plastic sheet barrier/water vapor barrier is required. 29. Site shall be restored to original condition prior to contractor arriving to complete project. 30. All work or materials which are not directly noted in the Scope of Work but are necessary for the proper carrying out of the obvious intentions thereof are to be understood as implied work and will be provided for by the contractor as if specifically described or drawn. 31.AII contraction joints shall be sealed with sonolastic material, such as Sonneborn NP -1 by BASF Building Systems or equal: 32.AI1 bidders are encouraged to visit the site by contacting Brian Pugh at 479-575-8398. 33. Contractor shalt have 7 calendar days to complete project beginning the day after notice to proceed has been issued. 34. Contractor shall coordinate with the Solid Waste & Recycling Division in a team effort to insure downtime of transfer station is as minimal as possible. City of Fayetteville, Arkansas Bid 09-14, Solid Waste Concrete Floor Replacement Page 6 of 11 City of Fayetteville Bid 09-14, Solid Waste Concrete Floor Replacement BID FORM (MUST BE COMPLETE SUBMITTED WITH BID) PLEASE NOTE: ALL ITEMS MARKED ARE CONSIDERED MANDATORY REQUIREMENTS FOR CONSIDERATION OF BID. FAILURE TO COMPLETE THESE ITEMS MAY RESULT IN REJECTION OF BID. COPY OF ATTACHED VENDOR FORM MUST ALSO BE SUBMITTED WITH BID. Bidder Information: *CONTRACTORS NAME: RICk pgzti4Al if i3utLDua A re)tM,PAniY *CONTRACTORS LICENSE NUMBER: O t 92.2.1b a>O 9 *CONTACT NAME: iZIC.K Pl2544LL *TITLE: Ot-V M Q *BUSINESS ADDRESS: .5 DES u otrt-1 yy15ce- *CITY: fps Eta arovE *STATE: AR- *ZIP: 7275'3 'PHONE: 4i9 — (QO I — 5 21'5 FAX: EAR— 319- 6:,57 to *E-MAIL ADDRESS: RPi3UR-Di xE. Ct) e t414a6 .(, vv1 **'*PLEASE PROVIDE COMPLETED ATTACHED "VENDOR FORM" WITH EACH BID"* Bid Amount (in US Dollars). Refer to "Terms and Conditions" for descriptions. A.) Total Turn -Key Bid Amount: *$ 4 7� b32 t40-% • 3� �l� 7 t Vs r'� yca � '> i R7 Ls0 -70, a *Total amount to complete project based on bidding documents provided, including plans (including contractor all materials, labor, bonds insurance. etc). Total number of calendar days estimated to complete project: This form continues on next page and MUST be signed in order for your bid to be acceptable for consideration. City of Fayetteville, Arkansas Bid 09-14, Solid Waste Concrete Floor Replacement Page 7of11 EXECUTION OF BID - Upon signing this Bid, the bidder certifies that he/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. Bids must be submitted on this bid form in its entirety AND accompanied by descriptive literature on the products being bid. If specifications of item bid differ from provided literature, deviation must be documented and certified by the manufacturer as a regular production option. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. The Bidder can and will comply with all specifications and; requirements for delivery, documentation and support as specified herein. Unsigned bids will be rejected. Items marked * are mandatory for consideration. Rtoc PFQS$AL1 *AUTD BY (PRINTED NAME) *AU _ THORIZED SIGNAT Rte OWklei. *TITLE O3 1 7e I O`J City of Fayetteville, Arkansas Bid 09-14, Solid Waste Concrete Floor Replacement Page 8 of 11 *DATE Acknowledge Addendums: Addenda No. 1 139) Addenda No. Addenda No. Printed Name: Signature: Title: Dated: "Min" "] i,o" Dated: Dated: Company: t7w N f-9_ (.{Cy WRS> ALt_. $t)I13 toc, co. City of Fayetteville Bid 09-14, Solid Waste Concrete Floor Replacement SAMPLE CONTRACT This contract executed this _ day of 2009, between the City of Fayetteville, Arkansas, and g1Ck ?FR S+4ZLL, pnt Dna, compAd /(R?W)In consideration of the mutual covenants contained herein, the parties agree as follows: 1. RPI5 . at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per bid 09-14 as stated in bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid #09-14, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay R4' based on their bid proposal in an amount not to exceed $ . Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contract between the City of Fayetteville and 4415L consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 09-14 with the specifications and conditions typed thereon. B. laThe bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute theentire agreement between the City of Fayetteville and 2PP:0C and may be modified only by a duly executed written instrument signed by the City of Fayetteville and glek.. FFIZ-SAsALL 5.shall not assign its duties under the terms of this agreement. 6. Z4764_ agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from r -I_15 performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. 121754- shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, I—CP gj1 shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. City of Fayetteville, Arkansas Bid 09-14, Solid Waste Concrete Floor Replacement Pape 9of11 Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability $500,000 for each person injured. $1 ,000,000 for each accident. Property Damage Liability $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by TLPBC to furnish proof of licensure as required by all local and state agencies. 9.. This contract may be terminated by the City of Fayetteville or tz-P &SC. with 10 days written notice. 10. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A C A 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 11. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. WITNESS OUR HANDS THIS DAY OF 2009. ATTEST: COMPANY SECRETARY BUSINESS ADDRESS City of Fayetteville, Arkansas Bid 09-14, Solid Waste Concrete Floor Replacement Page 10 of 11 CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS LIONELD JORDAN, Mayor Attest: Sondra Smith, City Clerk RfUt 1?f t -A i Bo1LVW; Co. CONTRACTOR BY NAME AND TITLE City of Fayetteville Bid 09-14, Solid Waste Concrete Floor Replacement STATEMENT OF NO BID — IF APPLICABLE We, the undersigned, have declined to bid for the following reason(s): 1. We do not offer this service/product 2. Our schedule would not permit us to perform 3. Unable to meet specifications 4. insufficient time to respond to the Invitation to Bid 5. We are unable to meet bond requirements 6. Other (Explain) *NAME OF FIRM: *BUSINESS ADDRESS: *CITY: *STATE: *ZIP' *PHONE: *E-MAIL ADDRESS: *BY :( PRINTED NAME) 'AUTHORIZED SIGNATURE: *TITLE: *FAX: *PLEASE LIST OTHER COMMENTS BELOW: *Please note: We appreciate your feedback on this form and are very interested in your reason for not bidding. Please do not hesitate to contact us at 479-575-8220 if you have questions, comments, or concerns regarding these bid documents. City of Fayetteville, Arkansas Bid 09-14, Solid Waste Concrete Floor Replacement Page 11 of 11 CITY OF FAYETTEVILLE INVITATION TO BID Bid 09-14, Solid Waste Concrete Floor Replacement The City of Fayetteville is accepting bids from properly licensed professionals to bid on the replacement of a solid waste concrete floor, located at the City of Fayetteville Solid Waste & Recycling Division, 1560 S. Happy Hollow Road, Fayetteville, Arkansas 72701. Any questions concerning the bidding process should be addressed to Andrea Foren, City of Fayetteville, Purchasing Agent at aforen@ci.fayetteville.ar.us or by calling (479)575-8220. Bids must be submitted in a sealed envelope or package labeled "Bid 09-14 Solid Waste Concrete Floor Replacement" All bids must be received on or before Friday, March 20. 2009 at 10:00 AM, Central Standard Time to the City of Fayetteville, Room 306, 113 W. Mountain, Fayetteville, Arkansas 72701. Bidding documents must be obtained at one of the following location: City of Fayetteville Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Each bid exceeding $20,000 shall be accompanied by a certified check or bid bond, in an amount not less than five (5) percent of the amount bid. An Arkansas Contractors License is required for any bid exceeding $20,000.00. A one hundred percent (100%) performance and payment bond is required with a contract awarded amount of $20,000.00 or more. Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the Project is located. "Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to quaked small, minority and women business enterprises." CITY OF FAYETTEVILLE, ARKANSAS By: Andrea Foren, CPPB, Purchasing Agent Ad dates: 03/05/09 and 03/12/09 Bid 09-14, Addendum 1 Date: Tuesday, March 17, 2009 To: All Prospective Vendors aye From: Andrea Foren, CPPB — 479.575.8220 — aforen(cad.favetteville.ar.us RE: Bid 09-14, Solid Waste Concrete Floor Replacement 11 eV e ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Form of Proposal. Failure to do so may subject bidder to disqualification. Addendum shall be attached to the inside cover of the bidding documents, signed, and dated. • BID 09-14, has the following modifications and clarifications: 1.) All bids are due Friday. March 20, 2009 on or before 10:00 AM, local time. 2) No dowels are required to be installed into the existing concrete. 3.) Existing clips/bolts are estimated to be on 10 foot centers. 4.) As noted in the typical section, the existing rail is an 85 Ib ASCE rad, which is a standard railroad rail weighing (85 Ib per yard of length. 5.) Bidders shall be experienced in pouring and finishing concrete. Bidders shall provide information with bid demonstrating at least 3 similar concrete projects within the past 5 years. 6.) A test placement will not be required 7.) No specific of method of detaching is required- after the rails are detached, the existing steel plate to remain shall be ground smooth if required to eliminate any protrusions above the concrete surface. 8.) One continuous placement is required and is specified on the plan sheet. Machine application of the hardener is not required. 9.) Saw cuts shall be made as close to the wall as practicable. City of Fayetteville Bid 09-14, Addendum 1 Page 1 of 1 License No. 0192210309 r State of Arkansas Contractors Licensing Board RICK PERSHALL, D/B/A RICK PERSRALL BUBUILDING COMPANY PO BOX 663 FARMINGTON, AR 72730 RICK PERSHALL, D/B/A RICK PERSHALL BUILDING COMPANY This is to Certify That is duly licensed under the provisions of Act 150 of the 1965 Acts as amended and is entitled to practice Contracting in the State of Arkansas within the following classification: BUILDING RESIDENTIAL withthe following suggested bid Wait $550,000 from May 9, 2008 until March 31, 2009 when this Certificate expires. ;Pans our fiords ofrhe Board, dated at North Little Rock Arm»sas: Mel Viet 4) 114: elAil eaa Ll as CHAIRMAN a „ 'y ^ Ali\h :gip _ .'',„ SECRETARY May 9, 2008 Qualifications and Experience Statement To whom it may concern: Rick Pershall Building Company (RPBC) is a fully licensed and bonded constructions company. Its personnel and associates have been established in the NW Arkansas area for several years. RPBC has extensive Municipal, Commercial and Residential construction experience, both Targe and small. Recent Projects that are comparable to the proposed project are Prane Grove Telephone Warehouse Floor Rehab, Numerous Custom and Track Housing Footings and Slabs, Brockman Storage Building West and North footings and slabs, Numerous Slab Systems for Multi Family Apartments Complexes and there accompanying Concrete Parking Lots. RPBC is fully qualified to perform the propose work. Also attached herein are several personal referenced of RPBC or it representatives from people and clients that are familiar with RPBC's present and past performance record and financial stability. Date, 2/13/2009 James R. Doss 1135 Beverly Hills Drive Van Buren, AR. 72956 Ref: Reference for Mr. Don McCandless To Whom It May Concerns We have known Don for several years and are currently using his company to manage a large construction project. He is multi talented and knowledgeable in virtually all of the construction trades. We would recommend Don and his group for any large capital projects requiring budget control. James R. Doss Director of Energy, Tyson Foods Inc., Retired untitled To: City of Fayetteville -- Purchasing Division 113 West Mountain St. Room 306 Fayetteville, AR 72701 From: Don McCandless Hello City of Fayetteville, My name is Don McCandless. i have been a project manager going on 11 years and in the construction industry bordering on 26. I am not only budget conscious, I am also deadline driven. As a project manager, I have worked on over 500 residencial projects. 25 major commercial and 2 industrial projects top the list. Alongside this letter are two personal references. i would also like to thank you for concidering myself and my associates for this project. VS;ely, _.. on cCandless Page 1 2195 N. Gregg. Fayetteville, AR 72703 February 16, 2009 RE: Rick Pershall Building Company To Whom It May Concern: 479-587-8900 phone 479-587-8906 fax Mr. Pershall has been a customer, with an account in good standing, of Ridout Contractor Outlet of Fayetteville (Ridout Lumber Co) since June 1995. In serving Mr. Pershall's building needs we have found him to be outstanding in his business relations with us. We look forward to a long and continued successful relationship with him. Sincerely, Jim Logsdon General Manager I ar\YEsT BANK February 16, 2009 To Whom It May Concern: I have done business with Rick Pershall for over 30 years and have made him numerous loans during thattime. He has always paid his loans as agreed. He is a very good customer and is a very reliable and responsible person. Should you need any further information, please feel free to contact meat 846-2115. Sincerely, Mote R. Burden Vice President Arvest, Prairie Grove BID BOND PUBLIC WORK BOND NUMBER 70686709 KNOW ALL MEN BY THESE PRESENTS, That we, RICK PERSHALL 4/b/a RICK PERSHALL BUILDING COMPANY , hereinafter called the.Principal, and WESTERN SURETY COMPANY, a Corporation duly organized under the laws of the State of SOUTH DAKOTA, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF FAYETTEVILLE as Obligee, hereinafter called the Obligee, in the sum of FIVE percent, (5) %, of the amount of the bid, 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, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for BID 09-14. SOLID WASTE CONCRETE FLOOR REPLACEMENT. AS SPECIFIED . NOW, THEREFORE, if the Obligee shall accept 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 as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall 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 faith contract with another party to perform the work covered by such bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 20TH day of MARCH , 2009 RICK PERSHALL d/b/a WESTERN SURETY COMPANY Sarah Elizabewder (Attorney -in -tact) POWER OF ATTORNEY Know All Men by These Presents: (Irrevocable) No. SP- 22771830 That this Power of Attomcy is not valid or in effect unless.anacbed to the bond which it authorizes executed, but may be detached by the approoviing officer if desired That Weston S Company, a corporation, does hereby make, constitute and appoint the following y?a"a`�ya :k,.t�•?p%£ `hsr+h " - „3';�1 authorized individuals: �_^ t_'11'•t'Pill Ii 1\b!' -I'll %I +•._ Y. Ilit 1141/i • I W. 1.T GReG Hrfle;.fic. SiMee L:5A R W:L••'AMS RANDY JJ1: .'.. AY Si•1'IAil I .:Zi.5t III f:!(C'dli'R Srrt•V1 N ,.1.-i. SiANL•2. ,.,1 II 9 1, `T• in the City of CONWAY • State of ARKANSAS with limited authority, its one and lawful Attorney(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver far and on its behalf as Suety. the following described bond: ' BID, PERFORMANCE, AND/OR PAYMENT BOND, IN ADDITION THE RELATED TRANSACTIONS SUCH AS CONSENTS OF SURETY, RIDERS, AND LETTERS OF INTENT, MAINTENANCE AND WARRANTY BONDS, PROVIDING THE BOND PENALTY DOES NOT EXCEED ONE MILLION AND NO/100 DOLLARS (dbfb1,000,000.00). ��������tfl��iF�ft��1E*�x*IE*7f,t���t�IEiEiEdfdfdflEgfiEdf�*�tM*��flerfElf��t�e�*IF�t�,E,t���tF���(*eft *iEiffEft���*ff■����t�*�*,tXdE�t��*,t�*gfiFdbiFdtlfdtffiEdldEiEgEdfdESE■t**ifdFdfgE3EdtiEdEfEgElEklfdE.fEiflE**�* The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of MARCH 2a 1.,,r, but until such time shall be irrevocable and in full force and effect. to , WBS7'� ANY further msVla Nat the following is a true sot exact copy of Seetim 7 of as By -taws of Western Sunny Company, duly minions and now b f m_ wSpf� ' pdihes, undertakings. Por an of Vice nosy. or other obligsdotn of the corporation shall be irecvted in the cmporsm name of the Company b '�aNr�'r��l:�'' sclear Swaney, Treasurer, or any Vim President, or by cacti other officers a the hive of DiRemrs may encomiums The [resident, any Vice Y\ Wder s, y..yLhi V wuery, or the Treasurer may appoint Amnecys N Fact or Agents wM shall have authority to roue' bands, policies, or mdvnldngs in the 1Q to any such.7Ae Fa Me coat is msal gory for the validity of my bonder policies, undaurdnga, Powys of Attwrcy m other obligations of the edpmWan. The t arof my inch offsme. ab corporate seal may be printed by faslMle' Tb peal amt of the 1pealf)tely described may be increased V them is attached to his Powa, wsivca authority so answering in the form of an endtisemcnt, letter -or a_{p signed by the UndcdvqMsngn. Underwriting Consultant. underwriting Speclolist. undrwent. eriter, PresidVice President. Auianmim President, Treasurer, Treasurer, Secretary ms a w,SacsarwY'cf Wim`c cooly Company specifically au1horixlag said inause. 11th- _______________ Ni f 5tW ThRBApm VeWn Surety Company has muted these presents Co be executed by in Senior Via President with its corporate seat affixed this do S4;FUeeat((y7er 2006 WESTERN SURETY COMPANY fdi2lges t4td\ JJJ , STATE OF S}OUTH DAKOTA) i2 l¢-- ,� _ J} ga. By �,... / 72:anfa/. COUNTY OF MINNEHAHA Senior Vice Preside on Nis 11th day of December m the yew 2006 bcforo am.: Notary Pubnc. persooefy appeased Paul T. Smut. who being by me duly sworn, acknowledged that he signed the above lower of Attorney as the aforesaid officer of WESTERN SUREfY1 COMPANY and mimowledgcd said instrument to be the velumary act and deed of said cmpor don. n D.I ELL ac/I,1 MDraRY MIS __.__ , k SWMaaNT, AL Notary Public, South Dakota My Commbalon Expires Nwanber W. 2012 I. the undersigned officer or Western Surety Company, a mock corporation of the Sate of South Dakare, do hereby certify that The attached Power of Attorney Is in roll form and effw said is irrevocable; and forbeanore. that Section 7 of the Sy -laws of the company a set f /i❑�J}p.{P�ower of Aflame , is now in force. rn testimony whereof I have batunto let my hand and the seal of Western Surety Company this a Ci _day of WESTER SURETY COMPA Y IMPORTANT: This date must be filled in before it is attached to the bond and it must be the same date as the bond. By aa_L Form 7eat24Wa Senior Vice Preside fsorxa TNs hardermustb.BWEll h bsrol OWE,Nb la not a wrdwd coq.—► ACORO CERTIFICATE OF LIABILITY INSURANCE I03/1W2009Y) PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION NATHAN COMBS INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE JOHN DAVID TRUE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 110 SARATOGA WAY. SUITE 5 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. FARMINGTON. AR 72730 INSURERS AFFORDING COVERAGE NAIC It INSURED RICK PERSHALL RICK PERSHALL BUILDING COMPANY P.O. BOX 663 INSURER A: NATIONWIDE INSURANCE COMPANY 37877 INSURER B: LIBERTY MUTUAL INSURANCE COMPANY 27243 NSURER C: FARMINGTON, AR 72730 INSURER D: 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. INSfi LTR ADD INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE DATE MMDDM/YY POLICY EXPIRATION DATE MMID LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LMBIUTY CW MS MADE OCCUR 6303AC009B88-3001 06/082008 06/08/2009 EACH OCCURRENCE $ 500.000 X REMISES Ea acaarende $ 100,000 MED EXP (Any arM person) S 5.000 PERSONAL S ADV INJURY $ 500,000 GENERAL AGGREGATE s 1.000.000 GENL AGGREGATE LIMIT APPLIES PER: LICY PRO. LOC PRODUCTS- COMPIOP AGG $ 1.000,000 XPO $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIREDAU70S NON -OWNED AUTOS 6303AC009888-3002 03119/2009 03119/2010 COMBINED SINGLE LIMIT (Ea accdortl) $ 5DD,OOD BODILY INJURY (Per person) S X GODLY INJURY (Pw acdMnt) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG S S EXCESS I UMBRELLA LIABILITY OCCUR ICWMS MADE DEDUCTIBLE RETENTION $ - EACH OCCURRENCE $ AGGREGATE $ S $ $ B WORKERS COMPENSATION AND EMPLOYERS•LIABILITY YIN ANY PROPRIETO(UPARTNERIEXECUTIVE OFFICER)NEMBER EXCLUDED? O �Mandatory In NHI1 I yes. Ia lvldar Al FR WC535S380790-029 02120(2009 02/20201 O TORY LIMITS 0 R E.L. EACH ACCIDENT $ 100,000 EL. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE- POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROWSIONS RICK PERSHALL IS EXCLUDED AS OWNER UCR I lr W N IC 1'1ULUCR LANGCLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TIE EXPIRATION CITY OF FAYETTEVILLE DAMTIEREOF,THe ISSUING INSURER RILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 113 WEST MOUNTAIN STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO TIE LEFT, BUT FAIWRE TO DO SO SHALL FAYETTEVILLE. AR 72701 IMPOSE NO OBUGATON OR UABILTY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHO R FSENi VE ---� AUUKU 25 (ZUUSIU1) //© 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are regis•`FJ!"!., marks of ACORD V d ' O CO dt J a N a w N + U 01 �N N ; m m O ow �V V' c $ t0 G) #D L•. J ^ C 0 n ?" N O (0 m H 3 u: 8 m J2_ J G a N m — O PT o A N m I O O c C m 0, IC .. m en} + a o H .T Z a •_Q1 D y m m a ;-& a' w •. r O J m o — N .. .0 y — •ot CD g.. 0q 2'.: 1. C W a Cso Sm m — c m m 0 c > > d d O r m 0 o N C, m ao O. M M N N N N N M N M N W 6 •m a 0 0 0 0 0 0 0 0 0 o a o b c o 0 0 o O O e w n m O O O O O O O O O O ,4N, = O Y b 0 O O O ~ m m 0 a o C X A m o o W on. J .;: Q 01 - Z O N + (Si O 9 Z Z w m a N = � o m 0 m y x Q a, m m Ca O J d b c a 2 m m = 2 d o g am m a, + v m Ca = A N m + — Z O O W ___ ____ wc N m tNJ O CD 9 d N N O m O d O O O a # C n d cD O. m � T + ik + Page loft Clarice Pearman - Res. 66-09 From: Clarice Pearman To: Pugh, Brian Date: 4.13.09 4:00 PM Subject: Res. 66-09 CC: Audit; Purchasing Attachments: Audit; Purchasing Brian: Attached is a copy of your agenda item passed by the City Council regarding Rick Pershall Building Co. It has been recorded in the City ClerkiTreasurer's Office. I will forward to Purchasing your purchase requisition. Please let me know if there is anything else needed for this item. Have a good day! Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us file ://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49E361 AAF... 4.13.09 BOND NUMBER: 70708088 WESTERN SURETY COMPANY SIOUX FALLS, SOUTH DAKOTA Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): RICK PERSHALL DB/A RICK PERSHALL BUILDING COMPANY P.O. BOX 663 FARMINGTON, ARKANSAS 72730 OWNER (Name and Address): CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE, ARKANSAS 72701 SURETY (Name and Principal Place of Business): WESTERN SURETY COMPANY P.O. BOX 5077 SIOUX FALLS, SOUTH DAKOTA 57117-5077 CONSTRUCTION CONTRACT Date: Amount: TWENTY-THREE THOUSAND SIX HUNDRED THIRTY-TWO DOLLARS AND 30/100 ------ --- ($23,632.30) Description (Name and Location): REPLACEMENT OF THE SOLID WASTE TRANSER STATION TIPPING FLOOR (CONCRETE FLOOR REPLACEMENT), AS SPECIFIED BOND Date (Not earlier than Construction Contract Date): Amount: TWENTY-THREE THOUSAND SIX HUNDRED THIRTY-TWO DOLLARS AND 30/100 --- ($23,632.30)— --- Modifications to this Bond: 0 None ❑ See Page 3 RICK PERSHALL DB/A RICK PERSHALL BUILDING COMPANY Company: ✓� /(Corrpporrate Seal) Signature: Name and Title: RICK PERSHALL, OWNER (Any additional signatures appear on page 3) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: BONDAMERICA, INC. P.O. BOX 69 CONWAY, ARKANSAS 72033 WESTERN SURETY COMPANY Company: (Corporate Seal) Signature: "12)l,(rn i_& r�-{I,►JR�N JU!/v Name and Titl : SARAH ELIZABETH ROWDER ATTORNEY -IN -FACT OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AIA DOCUMENT A312- PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W., WASHINGTON. D.C. 20006 THIRD PRINTING • MARCH 1987 S -4149d A312-1984 I 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; andy 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 inured 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. Surety does not proceed as provided in Paragraph on this Bond, and the Owner shall be entitled to entorce 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 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 Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidateddamages, 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 avail- AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - MA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 2 THIRD PRINTING • MARCH 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 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 heretrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The mtent is that this Bond shall be construed as a statutory bond and not as a common law bond. [PSI]s1rikI ICOMM 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 Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: NO MODIFICATIONS FOLLOW. tractor of any amounts received or to be received by the Owner if 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 SURETY Company: (Corporate Seal) Company: Signature: _ Name and Title: Address: Signature: Name and Title: Address: (Corporate Seal) AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING • MARCH 1987 BOND NUMBER: 70708088 WESTERN SURETY COMPANY SIOUX FALLS, SOUTH DAKOTA Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): RICK PERSHALL DB/A RICK PERSHALL BUILDING COMPANY P.O. BOX 663 FARMINGTON, ARKANSAS 72730 OWNER (Name and Address): CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE, ARKANSAS 72701 SURETY (Name and Principal Place of Business): WESTERN SURETY COMPANY P.O. BOX 5077 SIOUX FALLS, SOUTH DAKOTA 57117-5077 CONSTRUCTION CONTRACT Date: Amount: TWENTY-THREE THOUSAND SIX HUNDRED THIRTY-TWO DOLLARS AND 30/100 ----- -- ( $ 23,63230) ---- Description (Name and Location): REPLACEMENT OF THE SOLID WASTE TRANSER STATION TIPPING FLOOR (CONCRETE FLOOR REPLACEMENT), AS SPECIFIED BOND Date (Not earlier than Construction Contract Date): Amount: TWENTY-THREE THOUSAND SIX HUNDRED THIRTY-TWO DOLLARS AND 30/100 -- ( $ 23,63230) — Modifications to this Bond: ® None ❑ See Page 6 RICK PERSHALL DB/A RICK PERSHALL BUILDING COMPANY Company: (Corporate Seal) Signature: u Name and Title: CK SHALL, OWNER (Any additional signatures appear on page 6) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: BONDAMERICA, INC. P.O. BOX 69 CONWAY, ARKANSAS 72033 WESTERN SURETY COMPANY Surety: (Corporate Seal) Signature: CEEY2 to- 1 EA('w Ct U(A I/ Name and Tide. SARAH ELIZABET CROWDER ATTORNEY -IN -FACT OWNER'S REPRESENTATIVE (Architect, Engineer or other party): ALA DOCUMENT A312- PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 S -4149d A312-1984 4 , I The Contractor and the Surety, jointly and. severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay forlabor, 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, indemnities 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 Ctontractor and the Surety (at the 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 fumished 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 famished 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 daysoffurnishing the above notice an 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 (I) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were famished by anyone under the Construction Contract whichever of (1) or (2) fast occurs. If the provisions of tins 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 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 shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 5 THIRD PRINTING • MARCH 1987 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: NO MODIFICATIONS FOLLOW. Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 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 SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: Signature: Name and Title: Address: (Corporate Seal) AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 6 THIRD PRINTING • MARCH 1987 POWER OF ATTORNEY • (Irrevocable) Know All Men by These Presents: No. SP- 2277j1857 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Western Surety Company, a corporation, does hereby make, constitute and appoint the following F T VP II authorized individuals: AUTHORIZED INDIVIDUALS AUTHORIZED INDIVIDUALS I I GREG REYNOLDS SIMS LISA R WILLIAMS RANDY JOE CLAY SARAH ELIZABETH CROWDER STEVEN ALAN STANDRIDGE in the City of CONWAY , State of ARKANSAS , with limited authority, its i lawful Attorney(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as the following described bond: BID, PERFORMANCE, AND/OR PAYMENT BOND, IN ADDITION THE RELATED TRANSACTIONS SUCH AS CONSENTS OF SURETY, RIDERS, AND LETTERS OF INTENT, MAINTENANCE AND WARRANTY BONDS, PROVIDING THE BOND PENALTY DOES NOT EXCEED ONE MILLION AND NO/100 DOLLARS (**1,000,000.00). *��*dt������*�**����t�IE���IE*���*�*�����***������*��*�*����*CIE*�*tE*�Iftt��■ ■�*■*��������IE*�***�*IE**��*�*����t����*�������**����*****�*IEr�lE�*CIE*��* The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon s Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight I bf M.A.RC H_31 ,2.O_1'i but until such time shall be irrevocable and in full force and eff r•C WFSTERNcSURLTUREFT"COMPANY further certifies that the following is a true and exact copy of Section 7 of the By -Laws of Western Surety Company, duly adopted and • emu• ^ • ' "' 4-ndspolicies, undertakings. Powers of Attorney, or other obligations of the corporation shall be executed in the corporate time of the Com sistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any •� Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings ii name df the • Company.'The'coipordte seal is not necessary for the validity of any bonds, policies, undertakings. Powers of Attorney or other obligations of the corporation. igbmdn rec_Of any such uffimrfml Uie corporate seal may be printed by facsimile." -The penal amount of the bondherein described may be increased if there is attached to this Power, written authority so authorizing in the form of an endorsement. Ictt klegrdm signed by the Underwddng;Manager, Underwriting Consultant, Underwriting Specialist, Underwriter, President, Vice President, Assistant Vice President, Treasurer. Sect ]FAssfMant Secietary`pf Westcmbrety Company specifically authorizing said increase. `:W-WITNESS"WFiEREOFAWfstem Surety Company has caused these presents to be executed by its Senior Vice President with its corporate seal affixed this 11th day�V >:"`•D6c%ettiber 2006 WESTERN SURETY COMPAN M P A N STATE OFSOUTH DAKOTA) J} ss. COUNTY OF MINNEHAHA On this 11th day of December , in the year 2006 , before me, a Notary Public, pe. appeared Paul T. Bmnat. who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY C0MPAI acknowledged said instrument to be the voluntary act and deed of said corporation. rvwr+w.w,tiwNrw D. NAELL /Q �NO(mf WBDC ��( SEAL gyp, DANOTA SEAL Notary Public, South D My Commission Expires November 30, 2012 1. the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is force and effect and is irrevocable: and furthermore, that Section 7 of the By -Laws of the company as set forth in the Power of Anomey, is now in force. In testimony whereof. I have hereunto set my hand and the seal of Western Surety Company this " day of WESTER, SURETY Cl *IMPORTANT: This date must be filled in before it is attached I /r//�/ to the bond and it must be the same date as the bond. By O Form 748.12.2006 a�- Senior Vice Preside By Senior Vice Preside NOTICE This border must be BLUE. If it is not BLUE, this Is not a certified copy. —►