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110-11 RESOLUTION
RESOLUTION NO. 110-11 A RESOLUTION AWARDING BID #11-40 AND AUTHORIZING A CONTRACT WITH FOCHTMAN ENTERPRISES, INC. IN THE AMOUNT OF $92,377.40 FOR CONSTRUCTION OF A PARKING LOT AT BRYCE DAVIS PARK, AND APPROVING A FIFTEEN PERCENT (15%) PROJECT CONTINGENCY 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 #11-40 and authorizes a contract with Fochtman Enterprises, Inc. in the amount of $92,377.40 for construction of a parking lot at Bryce Davis Park. A copy of the contract is attached as Exhibit "A". Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a fifteen percent (15%) project contingency. PASSED and APPROVED this 5'h day of July, 2011. APPROVED: ATTEST: B � n BYk j..A)(Rirmn p pa q k IC -RI(' SONDRA E. SMITH, City Clerk/T asurer AGREEMENT EXHIBIT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR l y THIS AGREEMENT is dated as of the 6449 day of kit, in the year 2011 by and between the City of Fayetteville, Arkansas (hereinafter cal e CITY OF FAYETTEVILLE) and Fochtman Enterprises, Inc. herein after called CONTRACTOR). CITY OF FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The work generally consists of the construction of a 24 -space asphalt parking area with standard concrete curb and gutter, flush concrete curb, pond grading and approximately 82 linear feet of 5 -foot wide concrete sidewalk, the planting of trees and associated site work at Bryce Davis Park and all items indicated in the Drawings and Specifications. Article 2. PROJECT MANAGER. The Project has been designed by City of Fayetteville Parks and Recreation Department 1455 South Happy Hollow Road Fayetteville, Arkansas 72701 will be hereinafter called PARKS AND RECREATION DEPARTMENT PROJECT MANAGER and who is to act as CITY OF FAYETTEVILLE's representative, assume all duties and responsibilities, and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract documents. Article 3. CONTRACT TIME. 3.1. The Work for Construction of Bryce Davis Parking Lot shall be substantially completed within 90 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraphs 14.07.B & C of the General Conditions within 120 consecutive calendar days after the date when the Contract Time commences to run. 3.2. Liquidated Damages. CITY OF FAYETTEVILLE and CONTRACTOR recognize that time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will suffer financial Toss if the Work is not completed within the times specified in paragraph 3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, City of Fayetteville Bid 11-40, Construction of Bryce Davis Parking Lot Page 1 of 8 June 2011 instead of requiring any such proof, City of Fayetteville and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by CITY OF FAYETTEVILLE, CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY OF FAYETTEVILLE shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1. For all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. Payment Items City of Fayetteville Bid 11-40, Construction of Bryce Davis Parking Lot Page 2 of 8 June 2011 FOCHTMAN ENTERPRISES, INC Pay Items ',ITEM# ..-: . _.!.;:_ . ;-. .. .DESCRIPTION:... ... '. ', ;.' _.UNIT EST. TY. UNIT PRICE ":: :TOTAL '-_-• 1 MOBILIZATION (1) L.S. 1 $2,700.00 $2,700.00 2 BONDS AND INSURANCE L.S. 1 $1,500.00 $1,500.00 3 EROSION CONTROL- INCLUDING SILT FENCE, CONCRETE WASH OUT AND CONSTRUCTION ENTRANCE (8) LS, 1 $1,700.00 $1,700.00 4 SITE PREPARATION - INCLUDING TREE PRESERVATION FENCING, TREE PLANKING AND PROTECTION OF EXISTING TRAIL & REMOVAL OF TWO TREES (3)(4) L.S. 1 $5,500.00 $5,500.00 5 SELECTIVE SITE DEMOLITION (8) L.S. 1 $1,400.00 $1,400.00 6 UNCLASSIFIED EXCAVATION C.Y. 2150 $6:00 $12,900.00 7 IMPORTED HILLSIDE -COMPLETE IN PLACE (5) C.Y. 620 $8.00 $4,960.00 8 CONCRETE FLUSH CURB 6" THICK (5) COMPLETE IN PLACE PER DETAIL S.Y. 68 $34.00 62,312.00 9 CONCRETE STANDARD CURB (5) L.F. 490 $8.50 $4,165.00 10. C •""`. ",..0 ."rv, A v tai uv11/11 4..1. 114 r -1-,,,c mark S.Y. 85 $27.00 $2,295.00 11 CONCRETE APRON COMPLETE IN PLACE S.F. 300 $4.00 $1,200.00 12 3" ASPHALT- COMPLETE IN PLACE (5) S.Y. 1600 $13.00 $20,800.00 13 582 -COMPLETE IN PLACE (5) Ton 790 $16.00 $12,640.00 14 WHEEL STOPS COMPLETE IN PLACE (5) EA. 22 $80.00 $1,760.00 15 PARKING STRIPING AND ADA SYMBOL(5) L.S. 1 $900.00 $900.00 16 LIQUID AMBAR STYRACIFLUA-'HAPIDAZE'- 2" CAL, COMPLETE IN PLACE EA. 3 $500.00 $1,500.00 17 TOPSOIL (COMPLETE IN PLACE) G.Y. 419 $19.00 $7,961.00 18 FESCUE SOD COMPLETE IN PLACE (6)(7) S.F. 17130 $0.30 $5,139.00 19 FESCUE SEED COMPLETE IN PLACE INCLUDING STRAW (6)(7) S.F. 5227 $0.20 $1,045.40 Total $92,377.40 City of Fayetteville Bid 11-40, Construction of Bryce Davis Parking Lot Page 2 of 8 June 2011 As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.6 of the General Conditions. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in the General Conditions. 5.1. Progress Payments. CITY OF FAYETTEVILLE shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02 . All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, Tess the aggregate of payments previously made and less such amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 90 percent of Work completed (with the balance of 10 percent being retainage), If Work has been 50 percent completed as determined by the PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and if the character and progress of the Work have been satisfactory to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to CITY OF FAYETTEVILLE as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. City of Fayetteville Bid 11-40, Construction of Bryce Davis Parking Lot Page 3 of 8 June 2011 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being retainage), Tess such amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.6 & C of the General Conditions, CITY OF FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in said paragraphs 14.07.B & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce CITY OF FAYETTEVILLE to enter into this Agreement CONTRACTOR makes the following representations: 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such report and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to City of Fayetteville Bid 11-40, Construction of Bryce Davis Parking Lot Page 4 of 8 June 2011 the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by CITY OF FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given PARKS AND RECREATION DEPARTMENT PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between CITY OF FAYETTEVILLE and CONTRACTOR concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 8, inclusive). 7.2. Performance and Payment Bonds, (Exhibits A and B respectively). 7.3. Certificates of Insurance, (Exhibit C). 7.4. - Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D). 7.5. General Conditions (pages 1 to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 13 inclusive). 7.7. Specifications consisting of Divisions 1 through 32 as listed in table of contents thereof. 7.8. Addenda numbers 1 through 2, inclusive. City of Fayetteville Bid 11-40, Construction of Bryce Davis Parking Lot Page 5 of 8 June 2011 7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered two - nine with each sheet bearing the following general title: Construction of Bryce Davis Parking Lot. 7.10. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.10.1. Notice to Proceed 7.10.2 All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. CITY OF FAYETTEVILLE and CONTRACTOR each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives• in respect to all - covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. 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. City of Fayetteville Bid 11-40, Construction of Bryce Davis Parking Lot Page 6 of 8 June 2011 8.6. Freedom of Information Act. City contract 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, CONTRACTOR will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-501 through 508) prohibits the filing of any mechanics' or rnaterialmen's liens in relation to this public construction project. Arkansas law requires and the Contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment of labor or materials on the bond. The Contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. City of Fayetteville Bid 11-40, Construction of Bryce Davis Parking Lot Page 7 of 8 June 2011 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this Agreement in quadruplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and two counterparts have been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by CITY OF FAYETTEVILLE and CONTRACTOR or identified by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER on their behalf. This Agreement will be effective on Effective Date of the Agreement). CITY OF FA ETTEVILLE: City of Fayetteville [CORPORATE SEAL] Attest i%Ok, 15, c iT(y) -b ,4 ,t`iv`. , Rw�R >,,, * If a •.. \'�' • S p sG�i• Address for giving noti.�;•'C.`•• F .1-..... • •%' FAYETiEVILt E s • ••.N.. 9 A • . (If CITY OF FAYETTEVILL .r * Attest i By: , 2011 (which is the [CORPORATE SEAL] 1)» ration, attest by the Secretary. Address for giving notices FOOD) E .Y-??-1%ifC. 170 1%8 ViUiSAP--11701 lebody, attach License No. evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement.) (If CONTRACTOR is a corporation, attach evidence of authority to sign) City of Fayetteville Bid 11-40, Construction of Bryce Davis Parking Lot Page 8 of 8 June 2011 License No. 003899071 1 State of Arkansas Contractors Licensing Board FOCHTMAN ENTERPRISES, INC. PO .DRAWER 1168 FAYETTEVILLE, AR 72702-1168 This is to Certify That FOCHTMAN ENTERPRISES, 1NC_ 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: HIGHWAY, RAILROAD, AIRPORT CONSTRUCTION MUNICIPAL & UTILITY CONSTRUCTION with the following suggested bid limit Unlimited from July 23, 2010 until July 31, 2011 when this Certificate expires. Witness our hands of the Board, dated at North Little Rock. Arkansas: CHAIRMAN SECRETARY July 23, 2010 ARTICLES OF INCORPORATION OF FOCHTMAN ENTERPRISES, INC. The undersigned natural persons of the age of twenty-one years or more, in order to form a corporation for the purposes hereinafter stated, under and pursuant to the Arkansas Business Corporation Act, hereby certify as follows: 1. The name of this corporation is FOCHTMAN ENTERPRISES,INC.. 2. The nature of the business of the corporation and the object or purposes proposed to be transacted, promoted or carried on by it are as follows: (a) To act asa general contractor for the installation of underground utilities, construction, repairing, and remodeling of buildings and public works of all kinds, and for the improvement of real estate, and the doing of any and all other business and contracting incidental thereto, or connected therewith, and the doing and performing of any and all acts or things necessary, proper; or convenient for or incidental to the furtherance or the carrying out of the powers or purposes herein mentioned. (b) To conduct any other business enterprise not contrary to law. (c) To exercise all of the powers enumerated in Section 4 of the Arkansas Business Corporation Act. 3. The period of existence of this corporati..on..shall....be perpetual 4. The registered office•of this corporation shall be located at 113 East Ernna, Springdale, Arkansas, and the name of the registered agent of this corporation at that address is Jill Jacoway. 5. The total amount of the authorized capital stock of this corporation is 2,000 shares of common' stock with no par value each. 6. This corporation shall not commence business until at least $300.00 has been received as consideration for the issuance of shares. 7. The names and addresses of the incorporators are as follows: NAME: ADDRESS: Earl W. Fochtman 1810 Overcrest Str., Fayetteville, Arkansas Gayle M. Fochtman 1810 Overcrest Str., Fayetteville, Arkansas -1- 8. The initial number of Directors constituting the initial Board of Directors shall be two. At the meeting of the shareholders next following the time when the number of shareholders of record shall be more than two, additional Directors shall be elected so that the total number of Directors shall be equal to the number of shareholders of record (but not to exceed five unless the corporate bylaws specifically so provide.) 9. The President and Secretary of the corporation shall have the authority on behalf of the corporation to: (a) enter into any contract between the corporation and all of its shareholders; (b) impose restrictions on the future transfer (whether inter vivos, by inheritance or testamentary gift), hypothecation or other disposition of its shares; (c) grant purchase options to the corporation or its shareholders; or (d) require the corporation or its shareholders to purchase such shares upon stated contingencies. In addition, any and all of such restrictions, options or requirements may be imposed on all shares of the corporation, issued and unissued, upon the unanimous resolution of the Board of Directors and the consent of all stockholders as of the date of the Board's resolution. 10. I`lo contract entered into by this corporation shall be invalid or unenforceable because of the interest of any Director in the contract, either directly or indirectly. 11. Pursuant to Section 1244 of the Internal Revenue Code, this corporation adopts the following plan: (a) The plan shall be effective upon the filing of these Articles of Incorporation with the Secretary of State of Arkansas. (b) This corporation is authorized to offer and issue 300 shares of common stock on or after the effective date hereof. (c) This corporation shall offer and issue such shares of common stock on the effective date hereof until the first to occur of (i) two years after the adoption of this plan or (ii) the date on which this corporation shall make a subsequent offer-ing of any stock. (d) The maximum amount to be received by this corporation in consideration of the common stock to be issued hereunder shall be Five Hundred Thousand Dollars ($500,000.00). -2- (e) Such common stock shall be issued only for money and other property (other than stock or securities). (f) There are no offers to sell any other stock of the corporation outstanding, and the corporation shall offer and issue only such common stock described herein during the term hereof. EXECUTED this ,;k5 - day of L.... ..r...1-: , 1978. EARL W. FOCHT !\N { '6. f�°�� 4 ,,( f1:7 ,/)) J'�/ GAYLE M. FOCHTMAN ACKNOWLEDGMENT STATE OF ARKANSAS ) )SS. COUNTY OF WASHINGTON ) I, the undersigned, a Notary Public duly conunissioned to take acknowledg- ments and administer oaths in the State of Arkansas, do hereby certify that on thi s day , personally appeared before me the above named i ncorporators who, being by me first duly sworn, declared that they were the only incorporators referred to in Number Seven of the foregoing Articles of Incorporation, and that they signed these Articles for the purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary. Public .this....day..of �...( 1978. ' My conunissi.on, expires: -3- NOTARY PUBLIC n�an•c.ri Aic.cura V..; 11.3 crieTIFICATE MUST PE FILED witb the COUNTY CLERK FL ED JUL. 2 7 197P WIPiSTON BRYANT SECRF,TARY ary STATE ‘E-341,,Z-ALL4,411-.2. WINSTON BRYANT SECRETARY FSTATZ LIME ROCIC, ARK. E-12 P.7 Alison Jumper Submitted By City of Fayetteville Staff Review Forth City Council Agenda items and Contracts, Leases or Agreernents 7/5/2011 City Council Meeting Date Agenda Items Only Park Planning Division Action Required: Parks and Recreation Department A resolution awarding Bid #11-40 and approval of a contract with Fochtman Enterprises, Inc. in the amount of $92,377 with a 15% project contingency of $13,857 for a total project cost of $106,234 for the Construction of Bryce Davis Parking Lot. 106,234.00 Cost of this request 2250.9255.5806.00 Account Number 02013.0802 Project Number Budgeted Item 176,770.00 Category / Project Budget 56,603.20 $ Neighborhood Park Development Program Category / Project Name Parks Development Funds Used to Date Program / Project Category Name 120,166.80 Remaining Balance Budget Adjustment Attached Parks Development/PLDO NW Fund Name /p//e// Date torney \_Ptekkii CbfI Date 6-24-244 Finance and Internal Services Director Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in C V —17-11P12:42 R C V D Clerk's Office / Date Received in Mayor's Office Comments: Budget Adjustment attached. Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www a ccesstayetteville c►rx CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff From: Date: Subject: Bid #11-40, Construction of North Bryce Davis Parking Lot Agenda Request for July 5, 2011 Meeting Connie Edmonston, Parks and Recreation Director (TV Alison Jumper, Park Planning Superintendent 61 June 13, 2011 PROPOSAL: Bryce Davis Park is located at 1595 N. Dartmouth Drive. Approximately 17 acres were added to the existing 9.2 acre park in 2008. The park now serves as a community park for the northwest quadrant of the City. A master plan for the park was developed in 2008 and is being constructed in phases. Previous phases included the addition of a restroom, a dog park, walking path, and large pavilion. The addition of a parking lot to meet city ordinances and to accommodate added park users is required as part of the final phase. The bid for the construction of the parking lot advertised on May 26 and June 2 and opened on June 13. Four vendors including Fochtman Enterprises, Inc., Pavecon, LTD., Sweetser Construction, Inc., and Tomlinson Asphalt Co., Inc. submitted bids with Fochtinan Enterprises, Inc. being the low bid in the amount of $92,377. If approved, the construction of the parking lot is anticipated to begin in late July and be completed in October 2011. RECOMMENDATION: A resolution awarding BID #11-40 and approval of a contract with Fochtman Enterprises, Inc. in the amount of $92,377 with a 15% project contingency of $13,857 for a total project cost of $106234 for the Construction of Bryce Davis Parking Lot. BUDGET IMPACT: The project is funded with Park Development Funds and Park Land Development Funds Northwest Quadrant. Total project cost including a 15% project contingency is $106,234. Attachments: Bid Tabulation Sheet Fochtman Enterprises, Inc. Bid Submittal Contract Agreement Signed by Contractor Purchase Requisition RESOLUTION NO. A RESOLUTION AWARDING BID #11-40 AND AUTHORIZING A CONTRACT WITH FOCHTMAN ENTERPRISES, INC. IN THE AMOUNT OF $92,377.40 FOR CONSTRUCTION OF A PARKING LOT AT BRYCE DAVIS PARK, AND APPROVING A FIFTEEN PERCENT (15%) PROJECT CONTINGENCY 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 #11-40 and authorizes a contract with Fochtman Enterprises, Inc. in the amount of $92,377.40 for construction of a parking lot at Bryce Davis Park. A copy of the contract is attached as Exhibit "A". Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a fifteen percent (15%) project contingency. PASSED and APPROVED this 5th day of July, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ARKANSAS BID: 11-40 6/14/2011 TIME: 2:00 PM CITY OF FAYETTEVILLE Bid 11-40, Construction of Bryce Davis Parking Lot Bid Tabulation BIDDER TOTAL BID PRICE 1 Fochtman Enterprises, Inc. $92,377.40 2 Pavecon, Ltd. $109,243.10 3 Sweetser Construction, Inc. $103,446.75 4 Tomlinson Asphalt Co., Inc. $120,565.95 "NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: P. VICE, PURCH MGR WITNESS DAT i ave.l ev'le • Project Check List Bid 1140, Construction of Brvice Davis Parking Lot This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement % Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) - In lieu of a bid bond, the bidder may submit a cashier's check for at Least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR. addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). 11 line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provide space. All bidders shall submit the following forms with each bid: Bid Proposal Form, Vendoj.References, Debarment Certification Form, & Statement of Disclosure. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents. I bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractors License Number. City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME: FOCRIMpf\ VW WI S iSi inG ARKANSAS CONTRACTOR'S LICENSE #: n(TB960111 City of Fayetteville Bid 11-40 Construction of Bryce Davis Parking Lot May 2011 Section 00 21 17 City of Fayetteville Bid 11-40, Construction of Bryce Davis Parking Lot Statement of Disclosure (please submit with Bid) ATTENTION: Please submit this form with your bid. DISCLOSURE STATEMENT: Bidder must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any'relationship with any City of Fayetteville employee. Your response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain) PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR BID: 1.) I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; and 2.) My organization shall comply with all State and Federal Equal Opportunity and Non - Discrimination requirements and conditions of employment. Mt W. RIMMArl. Printer Name End of Section 00 21 17 City of Fayetteville Bid 11-40 Construction of Bryce Davis Parking Lot May 2011 Section 00 21 19 City of Fayetteville Bid 11-40, Construction of Bryce Davis Parking Lot Certification of Debarment --THIS FORM NEEDS TO BE SUBMITTED WITH EVERY BID _ ATTENTION: Please submit this form with your bid. As A BIDDER on this project, you are required to provide debarmentlsuspension certification indicating that you are in compliance with the below Federal Executive Order_ Certification can be done by completing and signing this form. Debarment: Federal Executive Order (E.O.)12549 "debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Your signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. COMPANY: PHYSICAL ADDRES, MAILING ADDRESS: PHONE: 52 EMAIL: SIGNAL DATE: i End of Section 00 21 13 City of Fayetteville Bid 11-40 Construction'of Bryce Davis Parking Lot May 2011 Addendum #2 Bid 11-40 Construction of Bryce Davis Parking Lot I i Lump Sinn Mobilization -(Aar is exeesd 5% of iulrrI bho 1wi7.Stfl \kft1 Y ¶)Oaj tVQfl dollars amount writlen in words 2 1 Lump Slim Bid Bonds and InsuranceLPM M dollars amount written in words Erosion Control Including silt mote, concrete washout 3 1 Lrnnnp�Srrrrr j]{(�y mid �coonnsstr}uctiionn entrance /yt �} CtiY1� 1\�u/ s in 4W IVf ILV l!�UP tVt ] dollars amount wrieen in words Site Preparation including tree preservation and 4 1 Lranpsarn plankhtg,protectiun 000teeesislii/ag trail and tree removal Bm" ow 1( ��-/y� p VliLl!"'fi J A.V4.fl daltars amount written in words $ 1 Lwnp Surer} Selective Site Demolition �L1i'1i Nr ,`a rye' �_T�I J 1 _dollars amount written in words 6 2150 C^ubic Yareir Unclassified Excavation t� (sic VOLAA J 4VQY1 daElers amount written in words 7 620 Cu bbiic YYarrdsl' Imported HillsideComplete In Place 11% 1-J 9M, _ ._ dollars amount written in words 8 68 SquareYards Concrete Flush Curb 6" thick- Complete In Place I�] �-''{Squarnre -nk4YI_1__F J - �f V0MMI QVTh dollars amount written in words 9 490 Linear &cmi Concrete tandard Curb-Coaplete in Place 1p U('1n T OUAP flP f l f UW _dollars amount written in words ID 85 Srp'rarroo'YYaltfr Concrete Sideeawaallkk55'widen 4" thick T uLRr LV1ZJ [3Ms 1 l _._dollaa amount written in words I 1 300 Square Fear Cona-ete Apron -Complete in Place Per Detail UVffi dollars amount written in words ....... 1.600. Stgrrat+s.Yart7s .. 3" Asphalts Completclu Place ..12 111" q xV dollars amount written in words 13 790 The Class 7 2(12 -Complete Iii Place SIni12OLcL [ e� /n y� 7�YY 1 1 dollars amount written in words 1y4//'- 22 Lath Wheel Stop wContplete In Place UCIMI omp-s tfl dollars amouat written in words I5'^ 1 Lane Srrm Striping and A➢A Symbol ' 1 iV f'- RUV POUu dollars amount written in words 3 Sac/ii Liquidambar StyrncHJun x -II Y O M Q V(fl dollars amount written in words City of Fayelteville Addendum 2 Bid 11-40 Construction of Bryce Davis Parking Lot $(lyl{O.00 JYLS. $ +"f 0OeW I in figures in figures 11500. W)H,,s. $ 15OOiYJ in figures in figures 0CI�'100,WYL.& !_I:1QoLai in figures in figures $(51500.OQL$. 515.W in figurees m figures S1 1 1""]� i 00WL.S. l $ 0.00 in figures in figures �/'� St **'•00NC.v. �J S L r00 in figures in figures j/� $( ao�f}�jycr $ �! W in figures in Figures $i .OO )IS.v. s 2 .00 in figures in Figures I 0 $( .50liL.r•.. s 1,1(O0 in rguress in figures n/� $( Z 1.00ps.v. $ L, in figures in figures //��//�� S( '1.0O )/S.F. S in figures in figures i 3.0OYS.Y. $ 20,800.00 I - in figures in figures S( 1.00 yrOri $ 1 Z,EEI O. V0 in figures in figures (� {� S( W. 00yo . W S 4r t O in figures in figures $( GIOO.OO, $ C, in figures in figures JJ $( 500.WyE.A. S . in figures in figures III June 2011 17 419 1� y�� Cub]ic�Yoct$s W�1 .J / Topsoil �/j 2Y �_e ' _ dollars G{ (� S( I 1 r(X) O )C.Y. $ IJ%,� amount writen in words in figures in figures IS 17130 &gravy Fkxt rescue Sod Complete In Place I ��+1yl dollars S( . ,JV yg.r. $ r0O amount written in words in fguras in figures 19 Sgrrurn Feet Fescue Seed Complete pt Place Including Straw and Water O n5227 r 4 o f 1 ( S Q dollars $( • (�qj ►0 )lS.F $ amount written in wards in figures in figures TOTAL BASF BID (1e\�Q� _,_• si'I 11{11111 dLtLfrlt 7 .10 dollars 8 in , #/ FZi (]. 1 1 3 amount written words j The Bidder shall state the price bid in words and figures (written in ink or typed) for each pay item, and tlw total bidLit ease of conflict between words and figures, the words, unless obviously incorrect, shall govern. Bidder understands that the Ownerieserves the right to award the total project. orio reject may orall bids and to waiveany informalities in the bidding. Bidder agrees that this Bid shall be good and will not be withdrawn for a period of 60 ealedardays after thcsctteduted closing time forreceiving bids. Respoctfulty submitted, Firm Name By `' Address Js f(( �] CityEAi r State 1i1OL- *-Arkansas State Contractor's License Number O ... An Aa•kmtsasGantratlar's Ucesse is required to bid this project. This project requires a five $} percent bid band .. at time of bid opening. After contract award, a one hundred (100) percent performance and payment bond is required along with proof of insurance before gonatrachton begins. City of Fayetteville Addendum 2 Bid 11-40 - June 2011 Conatruclion of Btyce Davis Parking Lot Bid 11440 Addendum 1: eville Date: Monday, June 6, 2011 ARKANSAS To: All Prospective Vendors From: Andrea Foren, CPPB — 479.575.8220 — aforen1 ci.fayetteville.ar.us RE: Bid 11-40, Construction of Bryce Davis Parking Lot 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 11-40, has the following modifications and clarifications: 1.)The use of recycled asphalt paving material and recycled asphalt shingles is encouraged and acceptable in the asphalt mix. The 60% limestone requirement will be waived. All other AHTD standards shall be met. 2.)An incorrect quantity was shown on the bid form. Bid item number 15 should be a quantity of three (3), see attached revised Bid Form. ALL BIDDERS NEED TO USE THE ATTACHED REVISED BID FORM. FAILURE TO USE THE REVISED BID FORM CAN RESULT IN YOUR BID BEING REJECTED. 3.) Attached are the minutes and sign -in sheet from the pre -bid meeting that was held on June 3, 2011. Acknowledge Addendum #1: City of Fayetteville, Arkansas Bid 19-40, Addendum I Page 1 of 1 Printed Name: JAMI L 1 Y- Signature: I11Uc Title: QWS& W1 Date: jur& ZOII Company: r Bid 11-40, Addendum 2 Date: Friday June 10, 2011 To: All Prospective Vendors Tayvev .'.le From: Andrea Foren, CPPB — 479.575.8220 — aforenCa3c.fayetteville.ar.us RE: Bid 11-40, Construction of Bryce Davis Parking Lot 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 11-40, has the following modifications and clarifications: 1) The bid deadline has been extended All bids are due before Tuesday. June 14, 2011 before 2:00:00 PM, local time. 2) The bid form issued in Addendum 1 was incorrect. This addendum contains a revised bid form (see Addendum 2 in footer to make sure you are using the correct bid form). Please note quantities have been updated. ALL BIDDERS SHALL USE THE ATTACHED REVISED BID FORM. FAILURE TO USE THE REVISED BID FORM CAN RESULT IN YOUR BID BEING REJECTED. 3) The following clarification shall be noted in reference to Bid 11-40: Bidders are not required to submit a form for "Vendor References" as it does not exist in the bid package. Bidders can omit this requirement ("Vendor References") from the Project Manual Check List. City of Fayetteville, Arkansas Bid 11-40, Addendum 2 Page 1 of 1 Acknowledge Addendum #2: Printed Name: 1 1 _ Signature: ` Title: 0%(t t1*'I- Date: Wl l Company: FOCMMAYI BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Fochtrnan Enterprises, Inc. PO Drawer 1168: Fayetteville, Arkansas 72702 as Principal, (hereinafter called the "Principal"), and The Fidelity and Deposit Company of Maryland of Baltimore, Maryland , a corporation duly organized under the laws of the State of Maryland , as Surety, (hereinafter called the "Surety"), are held and firmly bound unto the City of Fayetteville; 113 W Mountain Street; Fayetteville, Arkansas 72701 as Obligee, (hereinafter called the "Obligee"), in the sum of Five percent (5%) of bid amount Dollars ($ ), 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 construction of Bryce Davis parking lot Per Plans & Specs by: City of Fayetteville Engineering; 113 W Mountain Street; Fayetteville, Arkansas 72701 NOW, THEREFORE, if the Obligee shall accept the bid o€ 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 into 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 said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 10th day o€ June A.D., 2011 Fochtman Enterprises, Inc. rineipa - Hess - SEAL) Earl Foc tman, President The Fidelity and Deposit Company of Maryland Witness Sur f�J�j1 By Z, % t/([/ .t.a - (SEAL) Jon cNair , Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by The Fidelity and Deposit Company of Maryland . The Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in ALA Document A-3 10, February 1970 Edition. BID70000ZZ0701f Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary, in pursuance of authority granted by Article Vi, Section 2, of the By -Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint John A. MCNAIR and Mark MCNAIR, both o il kanas�CII its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliv i a 4s act and deed: any and all bonds and undertakings, and the executio Ice of these presents, shall be as binding upon said Company, as fully an ,f� is i ey had been duly executed and acknowledged by the regular�l + o e ice in Baltimore, Md., in their own proper persons. This power of aftonith ed m h1rA. MCNAIR, Mark MCNAIR, Brian YANDELL, dated April 28, 2005. The said Assistant ies4ieby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of t z By- s 'said Company, and is -row in force.' - IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the - said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of September, A.D. 2009. ATTEST:, F�,a 9EPpdrl 1pr4 v ti rQ a State of Maryland 1 SS: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND L. By: Gerald F. Haley Assistant Secretary s cr / William J. Mills Vice President On this 24th day of September. A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal ar_d.their.signatures as such officers wore duly affixed and. subscribed :to the said instrument by the authority and iirecticn of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 15111{11117 Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 164-2252 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT.COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed -by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND .at a meeting dulycalled and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 10th day of .Tune ,,,,, , 2011 Assistant Secretary 0 Qt � d N d x Q1 1B iL y U Ui \ O U Q � N O tl O N 9 G E U /) = ,.. o cn � N rn Jn r r r o a w C o a� in Z" o o o- a cd 00 s a E m .c W N N C N � N Nco ul tl +J 74 U o44 ? A Q7 N d N rn CU.-. li N U " .P.1 d rs1 '0 O Q o m N U U tia h o O tl C O O O O o n a O o Q O t7 o n a R y "a LU 'O M N o a tf l eH O 64 O GH p 4f? O IA Ci f!i S7 ER O 69 O N3 ro ai b b llc! 5 rli o C.? m m ° �' C C 1 h 'mac n 'o S>2 W ro w to ro E • I 0 m �z N p� 0 w 0 N �3 Ix U OC1 N A NO C O tl 7 N .. O CL C 7 47 fi r Qi 3 R� L �/F �. _m w 3 3L ? U1 O �9 U vi .6m 3 O d [!1 - a .. M "`t (C) (O A co O) O A N 'G d N o C C }• c c4 ca R. City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements N/A City Council Meeting Date Agenda Items Only Alison Jumper Park Planning Parks and Recreation Submitted BeDivision Department Action Required: Request for approval of change order #2'to Resolution 110-11 for Bid # 11-40 with Fochtman Enterprises, Inc. amount of $9,630 for the Construction of Bryce Davis Parking Lot (see attached memo). $ 9,630.00 Cost of this request 2250.9255.5806.00 Account Number 02013.0802 Project Number Budgeted Item �X $ 176,770.00 Category / Project Budget $ 151,076.71 Funds Used to Date $ 25,693.29 Remaining Balance Budget Adjustment Attached Neighborhood Park Development Program Category / Project Name Parks Development Program! Project Category Name PLDO NW /Parks Development Fund Name Previous Ordinance or Resolution # ate Original Contract Date: r r Original Contract Number: Date Finance and Internal Services Director Date Date 1 ate 7/5/2011 Received in City09-01- l 1P0349 0 3: 4 9 RCVD V D Clerk's Office VAJ Received in Mayor's Office Revised January 15, 2009 To: Thru: From: Date: • a e PVl e -ARKANSAS Mayor Lioneld Jordan Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director Alison Jumper, Park Planning Superintendent 011 August 31, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS ?_, - . PARKS AND RECREATION DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P (479) 444-3471 F (479) 521-7714 Subject: Request for approval of change order #1 for Bid # 11-40 with Fochtman Enterprises, Inc. in the amount of $9,630 for the Construction of Bryce Davis Parking Lot .. PROPOSAL: Bryce Davis Park is located at 1595 N. Dartmouth Drive. Approximately 17 acres were added to the existing 9.2 acre park in 2008. The park now serves as a community park for the northwest quadrant of the City. A master plan for the park was developed in 2008 and is being constructed in phases. Previous phases included the addition of a restroom, a dog park, walking path, and large pavilion. The addition of a parking lot to meet city ordinances and to accommodate added park users is required as part of the final phase. On July 5th, the City Council passed Resolution Number 110-11 approving a contract with Fochtman Enterprises, Inc. for Bid 11-40, Construction of Bryce Davis Parking Lot, in the amount of $92,377.40 with a 15% project contingency of $13,857 for a total amount of $106,234. The project includes the construction of a 24 space asphalt parking lot with standard concrete curb and gutter, sidewalk and stormwater dentention area. An existing storm drain runs under the future parking area and needs to be lowered to accommodate the required minimum cover under paving. Approximately 250 l.f. of storm drain will be excavated and set in pipe bedding (class 57 stone). Additionally, staff is requesting to add electrical conduit in four places to accommodate lighting if needed in the future. The cost for lowering the storm drain is $9,000 and the cost for the additional conduit is $630.00 ($3.00/ 1.f. for 2101.f.). RF�•.1MENIAON,: Parks and Recreation staff recommends approval of change order #1 for Bid # 11-40 with Fochtman Enterprises, Inc. resulting in an increase of $9,630. This amount is within the project contingency of $13,857 leaving a balance of $4,227 in contingency. BUBGETA►CT: This project is funded with Parks Land Dedication NW Quadrant funds. The cost is accounted for in project number 02013.0802, Neighborhood Park Development. Attaclunents: Staff Review Form Resolution No. 110-11 Change Order No. 1 Change Order No. i Estimate RESOLUTION NO. 110-11 A RESOLUTION AWARDING BID #11-40 AND AUTHORIZING A CONTRACT WITH FOCHTMAN ENTERPRISES, INC. IN THE AMOUNT OF $92,377.40 FOR CONSTRUCTION OF A PARKING LOT AT BRYCE DAVIS PARK, AND APPROVING A FIFTEEN PERCENT (15%) PROJECT CONTINGENCY 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 11-40 and authorizes a contract with Fochtman Enterprises, Inc. in the amount of $92,377.40 for construction of a parking lot at Bryce Davis Park. A copy of the contract is attached as Exhibit "A". Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a fifteen percent (15%) project contingency. PASSED and APPROVED this 5"day of July, 2011. APPROVED: ATTEST: B 1 p L LD Jc9.AN, Mayor SONDRA E. SMITH, City 1erk/T asurer FAYETTEVELLE; y�I`�G b�`4G�0`'�a • �a e e� e -ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT 113 West Mountain Fayetteville, AR 72701 ..R.. , . P(4791444-3411 F(4791521-7714 CHANGE ORDER NO. 1 Cost Plus x Pre -Agreed Unit Price Project Name and Number: Construction of Bryce Davis Parking Lot Bid# 11-40 Name of Contractor: Fochtman Enterprises, Inc. Address of Contractor 26 W, Sunbridge Dr., Fayetteville, AR 72703 Date of Contract: July 5.2011 Original Contract Sum: $ 92,377.40 Total Amount of All Previous Approved Change Orders: $ 0.00 Contract Sum prior to this Change Order: S 92.377.40 Contract Sum increase this Change Order: $ 9,630.00 New Contract Sum including this Change Order: $ 102,007.40 Subject and Reason for this Change Order: An existing storm drain runs under the future parking area and needs to be lowered to accommodate the required minimum cover under paving. Approximately 23+S I.f. of storm drain will be excavated and set in pipe bedding (class 67 stone). Additionally, staff is requesting t5dd electrical conduit in four places to accommodate lighting if needed in the future. The cost for lowering the storm drain is $9,000 ($36.00/1.£) and the cost for the additional conduit is $630.00 ($3.00/ l.f. for a total of 210 I.Q. Additional Time Requested: 0 Calendar Days Dated this 30th day of August 2011. CITY OF FAYETTEVILLE Parks & Recreation Department By: Alison Jumper, Park Pla ing Superintendent CITY OF F -YEE May io d Jordan ATT £17Z) 1it1T1111/// YVTR4' o C j ' :FAYETTEVILLE r � i • J •A, ,4Jillltit3►►1 Title:_______________________________________ Telecommunications Device for the Deaf TDD (479) S21-1316 113 West Mountain - Fayetteville, AR 72701 Construction of Bryce Davis Parking Lot Change Order#1 Cost Estimate August 30, 2011 The following items are wnsidered Far Change Order dl ITEM DESCRIPTION UlOT . EST. QTY. EST. UhlIT PRICE ESTIMATE I Luwerins exi5ling 24' Caregaled metal pipe approximately 18" and setUrIn class 57 haddi L.T. IF_ 256 _210 $38.x0 53-06 S960000 503006 2 Add ele r5I el conduit SUBTOTAL 59,630A0 Respectfully submitted, 1 of 1 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements N/A City Council Meeting Date Agenda Items Only eryce, 1w-13 ern rr°"a rn.m4ds Alison Jumper. Park Planning Parks and Recreation. Submitted By Division Department Action Required: Request for approval of change order #2 to Resolution 1 10-11 for Bid # 11-40 with Fochtman Enterprises, Inc. in the amount of $4,188 for the Construction of Bryce Davis Parking Lot (see attached memo). $ 4,188.00 Cost of this request • 2250.9255.5806.00 Account Number $ 176,770.00 Category! Project Budget $ 160,706.71 Funds Used to Date Neighborhood Park Development Program Category! Project Name Parks Development Program I Project Category Name 02013 0802 $ 16,063.29 PLDO NW /Parks Development Project Number Remaining Balance Fund Name Budgeted Item [] Budget Adjustment Attached Previous Ordinance or Resolution # 110-11 Date Original Contract Date: 71512011 ' ( Original Contract Number: Date oft 0. . (L q -30 - zc t Finance and Internal Services Director Date .—/9-3=-- — of S ff Date 4 - Received in Cifq 2 9- 1 1 PO4:08 R C V D Clerk's Office Received in Mayor's Office Revised January 15, 2009 Z• aTeevle �ARKANSAS� To: Thru: From: Date: Mayor Lioneld Jordan Don Marr, Chief of Staff ?+G_ Connie Edmonston, Parks and Recreation Director Alison Jumper, Park Planning Superintendent at September 26, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT 113 west Mountain Fayetteville, AR 72701 ® P(479)4.44-3471 F(479)521-7714 Subject: Request for approval of change order #2 for Bid # 11-40 with Fochtman Enterprises, Inc. in the amount of $4,188 for the Construction of Bryce Davis Parking Lot PROPOSAL: Bryce Davis Park is located at 1595 N. Dartmouth Drive. Approximately 17 acres were added to the existing 9.2 acre park in 2008. The park now serves as a community park for the northwest quadrant of the City. A master plan for the park was developed in 2008 and is being constructed in phases. Previous phases included the addition of a restroom, a dog park, walking path, and large pavilion. The addition of a parking lot to meet city ordinances and to accommodate added park users is required as part of the final phase. On July 5th, the City Council passed Resolution Number 110-11 approving a contract with Fochtman Enterprises, Inc. for Bid 11-40, Construction of Bryce Davis Parking Lot, in the amount of $92,377.40 with a 15% project contingency of $13,857 for a total amount of $106,234. The project includes the construction of a 24 space asphalt parking lot with standard concrete curb and gutter, sidewalk and stormwater dentention area. Additional red dirt was needed to prepare the subgrade for the parking area. Additionally, an ADA accessible ramp is required at corner of Yale and Dartmouth as part of the sidewalk extension. A decrease in the amount of $600 in the demolition line item is also requested. The bid originally included the removal of two trees that are able to be saved. RECOMMENDATION: Parks and Recreation staff recommends approval of change order #1 for Bid # 11-40 with Fochtman Enterprises, Inc. resulting in an increase of $4,188. This amount is within the project contingency of $13,857 leaving a balance of $39 in contingency. BUDGET IMPACT: This project is funded with Parks Land Dedication NW Quadrant funds. The cost is accounted for in project number 02013.0802, Neighborhood Park Development. Attachments: Staff Review Form Resolution No. 110-1 l Change Order No. 2 Change Order No.2 Estimate RESOLUTION NO. 110-11 A RESOLUTION AWARDING BID #11-40 AND AUTHORIZING A CONTRACT WITH FOCHTMAN ENTERPRISES, INC. IN THE AMOUNT OF $92,377.40 FOR CONSTRUCTION OF A PARKING LOT AT BRYCE DAVIS PARK, AND APPROVING A FIFTEEN PERCENT (15%) PROJECT CONTINGENCY 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 #11-40 and authorizes a contract with Fochtman Enterprises, Inc. in the amount of $92,377.40 for construction of a parking lot at Bryce Davis Park. A copy of the contract is attached as Exhibit "A". Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a fifteen percent (15%) project contingency. PASSED and APPROVED this 5' day of July, 2011. APPROVED: ATTEST: By1Q4 : BilC41 LD JQ9k1, Mayor SONDRA E. SMITH, �Ci�erk/Tasurer Zayley! e ARKANSAS� THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATIONtDEPARTMENT .� 113 West Mountain { Fayetteville. AR 71701 P {4791444.3471 F(479)521-7714 CHANGE ORDER NO. 2 Cost Plus x Pre -Agreed Unit Price Project Name and Number: Construction of Bryce Davis Parkin Lot Bid# 11-40 Name of Contractor: FochtmanEnterprises.Inc. Address of Contractor: 26 W. Sunbridee Dr.. Favetteville, AR 72703 Date of Contract: July 5, 201 1 Original Contract Sum: $ 92,377.40 Total Amount of All Previous Approved Change Orders: $ 9,630 Contract Sum prior to this Change Order: $ 102,007.40 Contract Sum increase this Change Order: $ 4188 New Contract Sum including this Change Order: $ 106,195.40 Subject and Reason for this Change Order: Additional red dirt was needed to prepare the subgrade for the parking area. Additionally, an ADA accessible ramp is required at corner of Yale and Dartmouth as part of the sidewalk extension. A decrease in the amount of $600 in the demolition line item is also requested. The bid originally included the removal of two trees that are able to be saved. Additional Time Requested: 0 Calendar Days Dated this 26th day of September 201 1. r�Yi�;�f���mP11717fs es nc. -- Parks & Recreation Department Contract By Alison Jumper, Park lanning Superintendent Title: CITY OFF ZTEVII L ayor Lio d J an ATTEST G. • FAYETTEVILLE; S. Telecommunications Device for the Deaf TDD (4791521-1316 113 West Mountain - Fayetteville, AR 72701 % ) a 7 ( i U') LU q 8 # @ k 2 E ® 0 \ L § ) � E \ Cu o 0 w A 0. J \ o § § \ ) � I | 3 3 E ) } / ■ § \ k 2 k k § / - g a $ J R « S . 11d-11 Bond No. CMB9006158 ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND We Fochtman Enterprises, Inc. PO Drawer 1168; Fayetteville, Arkansas 72702 as Principal, hereinafter called Principal, and The Fidelity and Deposit Company of Maryland as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville Parks & Recreation 1455 Happy Hollow Road; Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the amount of NinetyTwoThousandThreeHundred Seventy Seven & 401100 Dollars (S 92,377.40 for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated July 14,2011 entered into a contract with Owner for construction of Bryce Davis parking lot Per Plans & Specs by: City of Fayetteville Engineering; 113 W Mountain Street; Fayetteville, Arkansas 72701 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making pood any such default. and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said contract failing which such persons shall have a direct right of action against the Principal and Surety jointly and severally under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six months from the date final payment is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment tinder the Contract falls due. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns front their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. Executed on this 14th IlIiIIllhI1111IUllhII IIIIIIIIllulllllllllllllllll1111IlllllIlllH III Doc ID: 014121180003 Type: LIE Kind: PERFORMANCE BOND Recorded: 07121/2011 at 03;01:10 PM Fee Amt: $25.00 Pace I of 3 Washington County. AR Bette $tamps Circuit Clerk FileBO30-00000621 PRF71001 A 80201 f day of July 201 1 Inc. By V �l Earl Fochtman, The Fidelity and Denosit Comnanv of urety By h McNair Attoniey-in-Fact S Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws o�saidd pny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint John A. MCNAIR and Mark MCNA][R, both o \Ilrk'anas�JtCH its true and lawful agent and Attorney -in -Fact, to make, execute, sea] and B95 1 a f act and deed: any and all bonds and undertakings, and the executio a un ce of these presents, shall be as binding upon said Company, as fully and ! ey had been duly executed and acknowledged by the regular) e t i ' ice in Baltimore, Md., in their own proper persons. This power of alto �th e . MCNAIR, Mark MCNAIR, Brian YANDELL, dated April 28, 2005. The said Assistant fl ss e�eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of September, A.D. 2009. FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gerald F. Haley Assistant Secretary State of Maryland City of Baltimore f By: William J. Mills Vice President On this 24th day of September, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and -affixed my Official Seal the day and year first above written, s i �'Jt�L•! IG r� Maria D. Adamski Notary Public My Commission Expires: July 8, 2015 POA-F 164-2252 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 1 4th day of July 011 Assistant Secretary . . (to -U A`oRLI CERTIFICATE OF LIABILITY INSURANCE '1714/20011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Cashion Company, Inc. P O Box 550 Little Rock AR 72203 CONTACT i r Care Harper NAME: PHONE , (501)376-0716 ac No•(501)376-2118 ADDRIESS: carrieh@cashionco . com PRODUCER OOOO14iB INSURE 5 AFFORDING COVERAGE NAICP INSURED Fochtman Enterprises, Inc. P.O. Drawer 1168 Fayetteville AR 72702 INSURER A :The Phoenix Ins. Co. 5623 INSURERB:The Charter Oak Fire Ins. Co. 15615 INSURERC;The Travelers Indemnity Co. 5658 INSURERD:Standard Fire Ins, Co. 19070 INSURER E:RLI Insurance Company 13056 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDOIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 ,000,000 DAMAGE TO RENTED PREMISES Eaoccurrence $ 300,000 A X COMMERCIAL GENERAL LJASILITY CLAIMS -MADE jI OCCUR Y Y TC0401ON545PHXI1 4/15/2011 4/15/2012 MEDEXP An one on $ 5.000 PERSONAL & ADV INJURY S 1 ,000, 000 X Blanket Contractual X XCU Coverage Included GENERAL AGGREGATE $ 2,000,000 GEN*L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OPAGG $ 2,000,000 POLICY XF31 PRO- 1l JECT_LJLOC B AUTOMOBILE X UABIUTY ANY AUTO ALL OWNED AUTOS y y 4010N545CNS11 4/15/2011 /15/2012 COMBINED SINGLE LIMIT (Ea accident) S 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per acddent) S SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ S NON -OWNED AUTOS $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 2 ,000, 000 AGGREGATE $ 2 ,000, 000 EXCESS LIAR CLAIMS -MADE DEDUCTIBLE $ C X RETENTION S 10,000 y Y TSNCUP401ONS45IND11 /15/2011 /15/2012 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N I A TCUB4010N54511 /15/2011 /15/2012 W X C STATU- 0TH - E.L. EACH ACCIDENT 5 500 • 000 E.L. DISEASE -EA EMPLOYE S 500 DOD Ifyyes desolbe under DESCRIPTION OF OPERATIONS below y E.L. DISEASE- POLICY LIMIT $ 500,000 E Installation Floater N N LM0300320 /15/2011 /15/2012 JobsiteLimt $100,000 Stored Matenals $50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addltlonal Remark. Schedule, If mote space Is required) Project: See Attached Comments/Remarks Section CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville Parks S Recreation Department 1455 S Happy Hollow Rd AUTHORIZED REPRESENTATIVE Fayetteville, AR 72701 Jimbo Ramsay/CLH001-- ACORD 25 (2009109) © 1988-2009 ACORD CORPORATION. All rights res�Sw INSO25(2ooso9) The ACORD name and logo are registered marks of ACORD p . • COMMENTS/REMARKS FOCHTMAN ENTERPRISES, INC. ENDORSED ADDITIONAL INSURED: If required by written contract, certificate holder is included as an additional insured on a primary and noncontributory basis. ENDORSED WAIVER OF SUBROGATION: If required by written contract, waiver of subrogation applies in favor of certificate holder. OFREMARK COPYRIGHT 2000, AMS SERVICES INC.