HomeMy WebLinkAbout110-11 RESOLUTIONRESOLUTION 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