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HomeMy WebLinkAbout26-11 RESOLUTIONRESOLUTION NO. 26-11 A RESOLUTION AWARDING BID #11-15 AND AUTHORIZING A CONTRACT WITH ELK RIVER CONSTRUCTION, INC. IN THE AMOUNT OF $84,825.00 PLUS A FIVE PERCENT (5%) PROJECT CONTINGENCY FOR THE CONSTRUCTION OF STREAM RESTORATION AT NIOKASKA CREEK IN SWEETBRIAR PARK AND APPROVING A BUDGET ADJUSTMENT OF $9,066.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #11-15 and authorizes the Mayor to sign the contract with Elk River Construction, Inc. (attached as Exhibit "A") in the amount of $84,825.00 plus a five percent (5%) project contingency for the construction of stream restoration at Niokaska Creek in Sweetbriar Park. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Budget Adjustment in the amount of $9,066.00. PASSED and APPROVED this 15th day of February, 2011. APPROVED: ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer ggqgii444Pi[ffi;p�P' qv �tK(TR ae� a�i� �aoeraaea s �w iv.: Cs Or as P.6-• a FAYETTEVILLEa e d T-7.•-(1° Qasir 'dsia�G D V 14 C' `qa" AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the eday of J-1th . in the year 2011 by and between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and Elk River Construction, 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 stream restoration at Niokaska Creek and associated site work in Sweetbriar Park and surrounding properties and all item's indicated in the Drawings and Specifications. The work does not include procurement of materials for the project. Article 2. ENGINEER. The Project has been designed by the Watershed Conservation Resource Center under the direct supervision of: City of Fayetteville Parks and Recreation Department 1455 South Happy Hollow Road Fayetteville, Arkansas 72701 and will be hereinafter called ENGINEER and who is to act as CITY OF FAYETTEVILLE's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract documents. A representative from the Parks and Recreation Department 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 Stream Restoration at Niokaska Creek in Sweetbriar Park shall be substantially completed within 45 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 60 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 City of Fayetteville Bid 11-15, Construction of Stream Restoration At Niokaska Creek in Sweetbriar Park Page 00 52 13-1 January 13, 2011 Conditions. They also recognize the delays, expense and difficulties involved in proving the actual Toss suffered by CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, 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.. City of Fayetteville Bid 11-15, Construction of Stream Restoration At Niokaska Creek in Sweetbrier Park Page 00 52 13-2 January 13, 2011 PAYMENT ITEMS Elk River Construction, Inc. ITEF.W DESCRIPTION UNIT EST. QTY. UNIT PRICE TOTAL 1 Mobilization (not to exceed 5% of project bid) L.S. 1.00 83,000.00 $3,000.00 2 Bonds and insurance L.S. 1.00 $4,275.00 $4,275.00 3 Excavation Safety per 29 CFR 1926 Subpart P - Occupational Safety and Health Administration Standards - Excavations L.S. 1.00 52,000.00 $2,000.00 4 Site preparation - including clearing and grubbing L.S. 1.00 83.500.00 $3,500.00 5 Construction of J -Hook Rock Vane - complete in place per specifications and drawings E.A. 5.00 $3,000.00 $15,000.00 6 Construction of Cross Vane - complete in place per specifications and drawings E.A. 2.00 $4,000.00 $8.000.00 7 Construction of Short Rock Vane - complete In place per specifications and drawings E.A. 2.00 82.075.00 84,150.00 8 Construction of Rock and Wood Toe Bench - complete in place per specifications and drawings L.F. 400.00 837.50 $15,000.00 9 Construction of Rock Toe Bench - complete in place per specifications and drawings L.F. 270.00 $16.67 $4,500.00 10 Construction of Soil Mattress Layer - complete In place per specifications and drawings L.F. 1700.00 82.08 $3 500.00 11 Construction of Stacked Rock Bendy - complete in place per specifications and drawings L.F. 100.00 $19.00 $1,900.00 12 Electrical Utility Trenching. Conduit Burial, and Backfill - including dewatering, installation of 4- inch conduit, backfill and coordination with Ozarks Electric Cooperative LS. 1.00 $2,500.00 $2,500.00 13 l.,,n,.-uuwv,,,,, ‘„wwt y,n,mn,IX..,..,r. a„c w,ny,nwu,,.,wGc.M'`.1.4Cri.ab,.,,.a al. drawings E.A. 3.00 51,000.00 83,000.00 14 Stream Channel Excavation, Shaping and Grading C.Y. 1,810.00 82.49 $4,500.00 15 Placement of Coarse Fill C.Y. 282.00 $8.87 $2,500.00 16 Construction of Cul -off Sills (not associated with J -Hook Rock Vanes or Cross Vanes) - complete in place per drawings LF. 150.00 823.33 $3,500.00 17 Excavation end loading of excess gravel for off-site removal by Others C.Y. 500.00 $3.00 81,500.00 18 Site restoration - including placement of topsoil 8 fescue sod S.F. 1000.00 82.50 $2,500.00 TOTAL CONTRACT AMOUNT $84,825.00 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.B 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 ANDRECREATION 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. City of Fayetteville Bid 11-15, Construction of Stream Restoration At Niokaska Creek in Sweetbrier Park Page 00 52 13-3 January 13, 2011 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 14.02.6.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 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 14.02.6.5 & 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 City of Fayetteville Bid 11-15, Construction of Stream Restoration At Niokaska Creek in Sweetbrier Park Page 00 52 13-4 January 13, 2011 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 reports 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 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. City of Fayetteville Bid 11-15, Construction of Stream Restoration At Niokaska Creek in Sweetbrier Park Page 00 52 13-5 January 13, 2011 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 31 as listed in table of contents thereof. 7.8. Addenda numbers 1 and 2, inclusive. 7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered two through fourteen with each sheet bearing the following general title: Construction of Stream Restoration at Niokaska Creek in Sweetbriar Park. 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. City of Fayetteville Bid 11-15, Construction of Stream Restoration At Niokaska Creek in Sweetbrier Park Page 00 52 13-6 January 13, 2011 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. 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. MBENVBE Requirements. The CONTRACTOR, sub -recipient, or subcontractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. City of Fayetteville Bid 11-15, Construction of Stream Restoration At Niokaska Creek in Sweetbriar Park Page 00 52 13-7 January 13, 2011 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and one counterpart has 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 Date of The Agreement). CITY OF FAY -TTEVI E: [CORPORATE SEAL] / , 2011 (which is the Effective CONTRACTOR / 1 , i, Ag d Attest Ove c2 •aut *Attest 403 4 l//// :(c 'G -i Y GF!<G� . •� Address for giving JFes • .131 FAYETTEVILLE: 9 •.9,Q A Q=' „, .syr••.t314 SO .o�� [CORPORATE SEAL] * If a Corporation, attest by the Secretary. Address for giving notices -1&)X 39(p Tni-19 (If CITY OF FAYETTEVILLE is a public body, 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 11-15, Construction of Stream Restoration At Niokaska Creek;in Sweetbrier Park Page 00 52 13-8 January 13, 2011 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Department: Citywide Division: Citywide Program: Sales Tax Capital Improvements Date Requested 2/4/2011 Adjustment Number Project or Item Added/Increased: To increase funding for the Construction of Stream Restoration at Niokaska Creek in Sweetbrier Park in the amount of $9,066. Project or hem Deleted/Reduced: Reduce funding in the Stormwater Quality Mgmt/Nutrient Reduction by $4,170 and allocate funding from the NE Park Land Dedication Quadrant of $4,896. Justification of this Increase: This funding is to assist in the construction of the stream restoration. Justification of this Decrease: This adjustment is administrative: There are adequate funds in these accounts. Account Name Park Improvements 2250 Contract Services 4470 Account Name Greenspace Fees - NE Bridge & Drainage Improve Increase Budget Account Number 9256 5806 9470 5315 Decrease Budget Account Number 2250 0925 4419 4470 9470 5817 Amount Project Number 00 4,896 09025 0901 00 4,170 09025 0901 Amount Project Number 01 4,896 09025 0901 00 4,170 02097 1 2/4/2011 if Budget Director Date Date..... ent L Q.. L ce Director 2/4/2011 _ Date z -Y-2 c 1 Date Date or ate Budget & Research Use Only Type: A B C D Requested By General Ledger Date Posted to General Ledger Posted to Project Accounting Initial Initial V.090403 E Date Date Carole Jones City of Fayetteville Staff Review Form City Council Agenda items and Contracts, Leases or Agreements 2/15/2011 City Council Meeting Date Agenda Items Only Park Planning Division Action Redulred: A resolution awarding Bid #11-15 and approval of a contract with Elk River Construction, Inc. in the amount of $84,825 with a 5% project contingency of $4,241 for a total project cost of $89,066 for the Construction of Stream Restoration at Niokaska Creek in Sweetbrier Park. Parks and Recreation Department $ 4,170.00 $ 4,896.00 80,000.00 Cost of this request 4470.9470.5817.00 2250.9256.5806.00 4470.9470.5315.00 Account Number 02097.1 09025.0901 09025.0901 Project Number Budgeted Item X 442,623.00 69,955.54 312,000.00 Category 1 Project Budget $ 156,540.55 197,535.00 Funds Used to Date 286,082.45 69,955.54 114,465.00 Remaining Balance Budget Adjustment Attached Drainage Studies/Ph. II Storm Water PLD NE Quadrant Niokaska Creek Scream Restoration Program Category1 Project Name Sales Tax Capital Improvements PLD NE Quadrant Niokaska Creek Stream Restoration Program I Project Category Name Sales Tax PLD NE Quadrant Sales Tax/Grant Fund Name ‘1"D partment Direc ^ Date City Attorney Fi ce and Internal Services Director Date Date thL2 1/4/ Date Previous Ordinance or Resolution 4 Original Contract Date: Original Contract Number: Received in Mayor's Office Revised January 15, 2009 Page 1 of 1 City Clerk - Agenda Item for Feb 15 meeting - Bid 11-15 From: To: Date: Subject: CC: Attachments: Carole Jones City Clerk; Johnson, Kimberly 1/28/2011 3:34 PM Agenda Item for Feb 15 meeting - Bid 11-15 Jumper, Alison Bid 11-15 City Council Agenda Packet.01-28-11.pdf This bid is currently in the process of being negotiated; however the low bidder, Elk River Construction, Inc. is currently out of the country and unreachable. The final bid and project cost will be presented at the City Council Agenda session or provided prior to the February 15th City Council meeting. Additionally, we will provide a signed contract as soon as possible. Please contact us if you have any questions. Thanks, Ms. Carole Jones, P.E. Park Planner II Fayetteville Parks & Recreation 113 West Mountain Street Fayetteville, AR 72701 Phone (479) 444-3472 Fax (479) 521-7714 www.accessfayetteville.org Join us for program announcements, updates, pictures and game cancellations at: httpaltwitter.corr/fayparksand rec TDD (Telecommunications Device for the Deaf): (479) 521-1316 file://C:\Documents and Settings\lbranson\Local Settings\Temp\XPgrpwise14D42E1FAFA... 1/28/2011 ave ev? le www.accessfayetteville.org CITY COUNCIL AGENDA MEMO THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff C Connie Edmonston, Parks and Recreation Director C.- � Alison Jumper, Park Planning Superintendent From: Carole Jones, Park Planner GI:" J Date: February 4, 2011 Subject: Bid #11-15, Construction of Stream Restoration at Niokaska Creek in Sweetbriar Park Agenda Request for February 15, 2011 Meeting PROPOSAL: Sweetbriar Park contains 4.05 acres and is located at 2645 E. Sweetbriar Drive. The park is situated in the northeast quadrant of town east of Old Missouri Road and south of Joyce Boulevard. Niokaska Creek, a tributary to Mud Creek, flows through Sweetbriar Park. The creek is located within the Illinois River Watershed. The creek sections are incised and have several banks eroding into the park land and surrounding residential yards which have resulted in vertical cut -banks. These banks contribute excessive sediment to the streams through lateral erosion. Bank erosion presents a safety concern and leads to a lack of riparian canopy. Restoration is necessary to stabilize the creek and prevent further erosion. On September I, 2009, the City Council passed Resolution Number 191-09 authorizing the Parks and Recreation Department and the Engineering Division to accept a Wetland Program Development Grant from EPA Region 6 in the amount of $234,000 (see attached resolution). The Wetland Program Development Grant • is used for projects that promote research, training, demonstrations, and surveys relating to the causes, effects, extent, prevention, reduction, and elimination of water pollution. The project includes construction of a natural stream channel with specified geomorphic features, five major rock vane structures, bankfull benches constructed out of rock and wood materials with soil mattresses, and associated site work. The project was advertised on December 13, December 20 and January 13, and bids were opened on January 27, 2011. Three vendors including Elk River Construction, Inc., Goodwin and Goodwin, Inc. and ERS, Inc. submitted bids. Elk River Construction, Inc. was the low bid in the amount of $84,825. (See attached bid tabulation sheet, bid form and certified cashier check.) If approved, the construction of the project is anticipated to begin in early March 2011 and be completed in May 2011. THE CITY OF FAYETTEVILLE, ARKANSAS RECOMMENDATION: A resolution awarding Bid #11-15 and approval of a contract with Elk River Construction, Inc. in the amount of $84,825 with a 5% project contingency of $4,241 for a total project cost of $89,066 for the Construction of Stream Restoration at Niokaska Creek in Sweetbriar Park. BUDGET IMPACT: The low bid was $4,825 over the certified amount of $80,000 for the project. Parks staff attempted to negotiate the contract with the low bidder, Elk River Construction, Inc. but was unsuccessful. This project is funded with Sales Tax/US EPA Region 6 Grant funds ($80,000), Sales Tax/Capital Improvement funds ($4,170) and Park Land Dedication Ordinance NE Quadrant funds ($4,896). Total project cost including a 5% project contingency is $89,066. Attachments; Staff Review Form Resolution Number 191-09 Bid Tabulation Sheet Bid Form and Submittal Cashier's Check for Bid Bond Contract Agreement Signed by Contractor Purchase Requisition Budget Adjustment RESOLUTION NO. A RESOLUTION AWARDING BID #11-15 AND AUTHORIZING A CONTRACT WITH ELK RIVER CONSTRUCTION, INC. IN THE AMOUNT OF $84,825.00 PLUS A FIVE PERCENT (5%) PROJECT CONTINGENCY FOR THE CONSTRUCTION OF STREAM RESTORATION AT NIOKASKA CREEK IN SWEETBRIAR PARK AND APPROVING A BUDGET ADJUSTMENT OF $9,066.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #11-15 and authorizes the Mayor to sign the contract with Elk River Construction, Inc. (attached as Exhibit "A") in the amount of $84,825.00 plus a five percent (5%) project contingency for the construction of stream restoration at Niokaska Creek in Sweetbriar Park. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Budget Adjustment in the amount of $9,066.00. PASSED and APPROVED this 1561 day of February, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer RESOLUTION NO. A SOLUTION AWARDING BID #11-15 AND AUTHORIZ 1 G A CON CT WITH ELK RIVER CONSTRUCTION, INC. IN THE : OUNT OF $89, 5 66.00 PLUS A FIVE PERCENT (5%) PROJECT CONT ENCY IN THE UNT OF $4,241.00 FOR THE CONSTRUCTION • F STREAM RESTORA •N AT NIOKASKA CREEK IN SWEETBRI. ' PARK AND APPROVING BUDGET ADJUSTMENT OF $9,066.00. BE IT RESOLVE BY THE CITY COU ► CIL OF THE CITY OF FAYETTEVILLE, ARKANSA • Section 1. That the City Co►'1 of the City of F yetteville, Arkansas hereby awards Bid #11-15 and authorizes the Mayor to sigl he contract th EIk River Construction, Inc. (attached as Exhibit "A") in the amount of $89,066. 0 plus a .'ive percent (5%) project contingency in the amount of $4,241.00 for the construction o ` tre.' restoration at Niokaska Creek in Sweetbriar Park. Section 2. That the City Council o ' the i ty of Fayetteville, Arkansas hereby approves the attached Budget Adjustment in the a unt of $' .066.00. PASSED and APPROVED is 15th day of Febru• y, 2011. APPROVED: ATTEST: By: By: LIONELD JO' ) AN, Mayor SONDRA E. SMIT City Clerk/Treasurer RESOLUTION NO. 191-09 A RESOLUTION AUTHORIZING ACCEPTANCE OF AN EPA REGION 6 WETLAND PROGRAM DEVELOPMENT GRANT IN THE AMOUNT OF $234,000.00 FOR A STREAM RESTORATION DEMONSTRATION ON NIOKASKA CREEK THROUGH SWEETBRIAR PARK AND OTHER PROPERTIES; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section L That the City Council of the City of Fayetteville, Arkansas hereby authorizes acceptance of an EPA Region 6 Wetland Program Development Grant in the amount of $234,000.00 for a stream restoration demonstration on Niokaska Creek through Sweetbriar Park and other properties. Section I. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment recognizing the grant revenue. PASSED and APPROVED this 1st day of September, 2009. APPROVED: ATTEST: By:� SO DRA E. SMITH, City GT ?k/Treasurer Bid 11-15, Construction of Stream Restoration at Niokaska Creek in Sweettlrlar Park Detailed Bid Tab: 01/27111 - 2:00 PM, Central Standard Time CfRTIFEO: V i+&& Peon,$ee. Pl.a+drtnoleanener 'NOTICE: Bao aware is contingent upon vendor meeting minimum specifications and formal authorization by City officials. OR !Pim Camaew ion. Inc ERS, inc. Goodwin and Geodede. 1,1- RH AN OESORIP00R (1141 EST. ow uirr PS1CS TOT4,}. Mir PRICE TOTAL WM-PRICE TOTAL 1 GolGoo. India oraed SR of Wird ua} LS. 1.00 510.00.00 29,00000 10020.02 }RW0.00 sosoloo 595000.00 2 Bowl. maInawme LS. 5,00 $1,2250.0 50.275.00 14.00.00 $4.000.00 55.20700 $5,000.® a Goriew.e $wiiiv porn CFR 1122 S.6PR [ P • Oac paSina WO and INfl AWfip ar SWIM@-&wvtlew. La. LIM =MOM 52-000.00 53.000.00 02.00.00 5'.00000 $1.10000 4 ABPrOP•rakn• MAI@ damn retl@Added 1..0. 100 30300.00 53.6b3.00 54500O.00 846,000.00 54.006-00 640.00-00 1 CapueWn PI J -Roca Roaring.-o•uyra M pane per sped6radas•DI mw.npl 00. S06. 00.000.0 813000.00 99,90006 230,000.00 5.00000 5103056 r C•ne7 eeo.I m 9rea v..•- mmp.a• el 7eee Per griwiw and Por.49e 50. 2.00 51.00000 511,000.00 99.0000 30000.1» 53.00000 15,00000 7 common Of snort Rik Veep- eempRN P Awe Per w•reire ere•ed Ma EA 200 2291500 51.15002 62.000.00 51.00-00 12.000.0 30000.20 0 ConsPo l of Reek Ad N:160 TOO pence, CO IC@ I Pe,ee per epetlserne aw drerPeo L.F. 400.00 337.00 515.0000 12330 010.000.00 56000 524.00000 9 [cron:Ion nt Pool Too @path• review kiOwe Pea sixeilalWa ad&owlets L.P. 27000 21617 5460000 015.00 54.060.00 405.0 $77$50,01) 10 SOPOP•tee or Sea eenee=/Aro- mrpaae F Para per apemlgeetian anti - ,-9a Lf- 1700.00 ft 06 55300.00 96.00 5102410.00 95.90 50.50030 11 Codi odese re 01101•0 R222$2200.12,00,20045222002200200 i.e. 100.00 S1H00 51.0000 ;90 On 56000.00 500.00 5000000 12 Wi L.S. 100 #,50000 52.50000 1700000 57300.00 10.00000 26.®.00 E4del11Onto 1nee220. 0e40.66111, Ird 11011-60.5014 66005(000 oto PrAGNr. INOGI@PO mmKI000$1010arkalipoil Cir.CrAi.....,........". 17 614 059 • • EA. 200 $1,00600 05.0100 10,00000 010.00 2100.0 520.00 51000030 222.06200 21232.00 53.00.00 01300.00 512.000-00 14 5025050A40020A+500000. 0000116 le0502dm$ Peeper%oGips. F0 arc 03. L.P. 101000 22600 15000 5249 5007 wean SA .500.00 02.00090 59,500.00 01630 62000 X00 213.530.00 30,000.00 16 16 Corpoutren of CAWS %HPel 6005526E0911 J7foc4 Rock Vanes or Goo Vaned -Lomp** MPH. P1pp00. 11 E..116:0 .111.5 l»0iat of acorn gravel for o5 5e ranural by Opnre e.r. 600-00L 51.00 01.50000 DILDO 53.00.00 13530 617.500.00 11 Sa ndordb6.Madam Mourned rd fowl A Rsr..e Led 5F- 1000.00 62.60 52.500.00 74,00 *We no ;I a0 ;100000 TOTAL BID AMOUNT 504.82500 6180.06030 $921,47030 CfRTIFEO: V i+&& Peon,$ee. Pl.a+drtnoleanener 'NOTICE: Bao aware is contingent upon vendor meeting minimum specifications and formal authorization by City officials. a e vile v ARKANSAS Prosect Check List Bid 11-15, Construction of Stream Restoration at Niokaska Creek in Sweetbrier Park 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. /FT5% 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 deducti a alterntes). Cashiers checks shall be made payable to the City of Fayetteville, AR. G (a 1-1 All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). AH line items shall be appropriately tilled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. ridAll bidders shall submit a "Statement of Disclosure" on such form provided with the bid documents. x x All bidders shall submit completed EPA Form 6100-3, EPA Form 6100-4 and the MBEIWBEIDBE Compliance Evaluation Form provided with the bid documents (see www.epa.gov/osbp/dbe forms.htm)`: The forms shall be appropriately signed, dated accordingly, and included with submitted bid documents. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents. All 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 (if applicable). City of Fayetteville, AR Purchasing Division - Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME:, -/PC _471//7. , L/� 4/40 dA), -,c47 -A0 City of Fayetteville Bid 11-15, Construction of Stream Restoration at Niokaska Creek in Sweetbriar Park January 13, 2011 Item Estimated Unit t o. Ouantity Section 00 41 13 BID FORM Description of Item Unit Price Total Amount t 1 Lump Sum Mobilization - (nit to exceed 5% grand bid) � = i�Cjl))iv'i\ NO f � dollars $f $ 9\b�O ' amount wntten m words in figures in figures 2 1 Lump Sum Bonds and insurance 713c0,11 1044)11131P n lTY $( S. 9.5 amount written in words it" X23 in figures $ in figures Excavation Safety per 29 CPR 1926 Subpart P - Occupational Safety and Health Administration 3 1 Lamp Sum Standards - Excavations 1tai dollars $( )IL.S. $ ( 0 U- amount written in words in figures in figures 4 1 Lump Sun Site preparation - including clearing and grubbing tiR`C Fi �`I NA QI 4 r°JI dollars amount written id words Construction of J -Kook Rock Vane - complete in 5 5 Each place per specifications and drawings `cVNUI POkero dollars amount written in words Construction of Cross Vane -complete in place per 6^ 2 Each specifications and drawings (n L\16 ' Ir c f dollars amount written in words nfigures $ i st gores $( YEA. $ l� U0 in figures in figures in figures ice. $. Q C)C�6f) in figures Construction of Short Reek Vane - complete in 7 2 Each place per specifications and drawings ' witted in wordsy n figuresLc C�J ,��hFvy + (j9/122 $ in figures ��Y/ %Jra Clg amount Construction of Rock and Wood Toe Bench - 8^ 400 Linear Feer complete in place per specifications as id drawings / � `G i �'�.C' �7 �r��` `/(V tae)dollars $( 11F- $ 1 T Vel amount written in words in figures in figures This bid form continues on the next page... City of Fayetteville Bid 11-15, Construction of Stream Restoration At Niokaska Creek in Sweetbrier Park Page 00 41 13-1 January 13, 2011 BID FORM Continued Item Estimated Unit Description of Item Unit Price Total Amount No. OuanilitY Construction of Rock Too Bench - complete in 9 270 Linear Feel place per specifications and drawings co � 't- y dollars S( YL.F. $ Q amount written ii words in figures in figures Construction of Soil Mattress Layer - complete in 10 1,700 Linear Feet place per specifications and drawings rn T1�S� Ty VNQQ l4 tai Le dollars S( )&F. S amount written i words in figures in figures Construction of Stacked Rock Beach - complete in 111 100 Linear Feet placee per specifications mid draw ngs �o k-bdollars $( }/l .F. 8 ) -1 amount written in words in figures in figures Electrical Utility Trenching, Conduit Burial, and Backttll - including dewateiing, installation of 4 - inch conduit, backfill and coordination with 12 1 Lump Sum Ozarks Electric Cooperative q`— fld 11ai5 S(...5, GL"iC amount written in words in figures in. figures Construction of Tributary Channel Drop Vane - 13 3 Each Complete in Place per specifications and drawings //A d 1 25 T dollars EA. S amount written in woes _.. in figures in figures 14 1010 Cwbic Yards ,Stream Ch and Excavation, Shaping and dingry lG //' t 4,'Mz1 t I= $( YC.Y. / $ Ale (1 amount written i words in figures in figures 15 282 Cubic Yards Placement of C e Fill ol1 S( )/C.Y. S amount wrien in word in figures in figures Construction of Cut-ofT Sills (not associated with .- Cook Rock Vanes or Crow Vanes) - complete In 16 150 Linear Feel pinee perd wings f/ �7 `" dollars $( Y.F. S © Wf amount written in. rds in figures in fiSm es This bid form continues on the next page... City of Fayetteville Slid 11-15, Construction of Stream Restoration At Nlokaska Creek in Sweotbriar Park Page 00 41 13-2 January 13, 2011 BID FORM Continued Item Estimated Unit Description of Item Unit Price Total Amount No. QuantilV,,,, „ .....................- — Excavation and loading of excess gravel [or off -site 17 500 Cubic Yanfs removal by Others Q .� - , a doiiars S( W.Y. $ ( CC) amount written in words in figures in figures Site restoration - including placement of topsoil & 1$ 1.000 Square Feet fescnesod dollars $( )IS.F. S cTi J - amount written in ords in Sgurts in figures • :ls wynmno I rw BIDDER QUAUFICATIONS: The City of Fayetteville is seeking a construction company with over ten years of experience building river restoration and streambank stabilization designs using a natural channel design approach that is specifically based on methods and techniques presented in Chapter 11 of the USDA Natural Resource Conservation Service National Engineering Handbook, Part 654, Chapter 11, (2007). Specifically, the primary track hoe operator who will be building the structures and serve as the site foreman shall have a minimum of 10 years' direct experience building structures and implementing natural channel designed river restoration and bank stabilization projects. The primary track hoe operator shall have experience in constructing J -hook vanes, J-hook/log combination vanes, cross vanes, W -weirs, step pools, toe wood, and habitat rock. Experience in training other operators in these types of construction techniques is preferred. Due to the unique terrain, experience in Implementing stream restoration projects in Northwest Arkansas is also preferred. EXPERIENCE OF BIDDER: The Bidder states that he/she is an experienced Contractor and has completed a minimum of three (3) projects of similar size and scope within the past five (5) years. List similar projects with types, names of clients, construction costs and references with telephone numbers. Use additional sheets if necessary. Failure to fully complete this section may result In rejection of the Bid. This bid form continues on the next pegeD City of Fayetteville Bid 11-15, Construction of Stream Restoration At Niokaska Creek in Sweetbriar Park Page 00 41 13-3 January 13, 2011 BID FORM Continued The Bidder shall complete and submit the following forms with the Bid: 1) EPA Form 610O.3 DBE Program Subcontractor Performance Form; 2) EPA Form 6100-4 DBE Program Subcontractor Utilization Form; and 3) MBENVBE/DBE Compliance Evaluation Form. (The forms are located immediately after the Bid Form in the Project Manual or may be downloaded from the EPA's website at www.epa.gov/osbpldbe forms.htm) Failure to fully complete and sign these forms may result in rejection of the Bid. The Bidder shall state the price bid in words and figures (written in ink or typed) for each pay item and the total bid. In case of conflict between words and figures, the words, unless obviously incorrect, shall govern, Bidder understands that the Owner reserves the right to award the total project or to reject any or all bids and to waive any informalities in the bidding. Bidder agrees that this Bid shall be good and will not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. All bids shall include all costs including but not limited to sales tax, use tax, permits, insurance, etc. The contractor on this project is defined by the Arkansas Revenue Laws as the user and is responsible for the appropriate taxes. There are NO provisions in this bid for a contractor to avoid taxes. The City of Fayetteville is not a tax exempt entity. Respectfully spbmitted, Firm Name:(≥ W91 By: AA7,'V,V9l 7 Address: 44 7f 5243'N6 City 4� t•--------------- State: L ,E'/9 , ** Arkansas State Contractor's License Number: e°at� 1 3 ** A State of Arkansas Contractor's License Is not required to bid on the project however, no contractor shall submit a bid prior to submitting application for iicensure, and no construction contract shall be executed until the successful bidder has furnished an appropriate license issued by the State of Arkansas Contractor's Licensing Board. This project requires a five (5) percent bid bond 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 construction begins. End of Section 00 41 13 City of Fayetteville Bid 11-15, Construction of Stream Restoration At Niokaska Creek in Sweetbriar Park Page 00 41 13-4 January 13, 2011 City of Fayetteville Bid 11-15, Construction of Stream Restoration at Niokaska Creek in Sweetbriar Park 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, Failure to disclose such a relationship may contract as a result of your response. this should also be stated in your response. result in cancellation of a purchase andlor 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. City of Fayetteville Bid 11-15, Construction of Stream Restoration At Niokaska Creek in Sweetbrlar Park Page 00 21 17-1 January 13, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS RXAff5 Bid 11-15, Addendum I Bid 1145, Construction - Stream Restoration at Niokaska Creek in Sweetbriar Park Date: Thursday, December 30, 2010 To: All interested parties From: Andrea Foren, CPPB, Purchasing Agent City of Fayetteville — Purchasing Division 113 W. Mountain — Room 306 Fayetteville, AR 72701 Phone: 479.575.8220 E -Mail: aforen@ci.fayettevilie.ar.us Notice: This addendum is hereby made a part of the bid documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. Addendum should be attached to the inside cover of the bidding documents, signed, and dated. 1. Attached are the minutes and sign -in sheet from the pre -bid meeting that was held on December 29, 2010. Acknowledge Addendum #1: Printed Name: Signature: Title: Date: Company: Page 1 of 4 `" Tefecommunlcations Device for the Deaf TiiD (479)521-1 6 113 We Mountain - Fayetteville, AR 72701 THE CITY OF FAYETTEVILLE, ARKANSAS • PARKS AND RECREATION DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P (4791444-3471 F (479)521-7714 Pre -Bid Meeting Bid #11-15, Construction of Stream Restoration at Niokaska Creek in Sweetbriar Park December 29, 2010 owner and Enginee Owner - City of Fayetteville Project Manager Carole Jones, P.E Ph: 444-3472 Owner -- City of Fayetteville Storm Water Engineer. Sarah Wrede, El Ph: 575-8208 Engineer - Watershed Conservation Resource Center Matt Van Eps, P.E. Ph: 444-1916 Executive Director - Watershed Conservation Resource Center Sandi Formica P17: 444-1916 Procedures • Bonds (recorded at the Washington County courthouse by the Contractor) and insurance • Necessary permits — 404, ADEQ and grading permits and SWPPP required; fees for city projects are waived and Project Manager or Engineer will prepare permit applications and SWPPP. • Excavation safety measures, including materials and methods, required by 29 CFR 1926 Subpart P • Location of underground facilities (1-800.482-8998, Arkansas One -Call System, Inc.) • Owner will provide Contractor with a minimum of two sets of drawings and specifications, Contract Time • 60 days total contract • 45 days for substantial completion • 15 additional days for final completion • Work days are Monday through Friday unless approved by Park or Engineering Staff in advance. Permits; Meet all ste. local and.jederal reqjnents • Contractor will be responsible for maintaining all erosion control and tree protection measures. Expect daily re- installation of some items especially in the park. • Construction Site Notice for SWPPP must be posted on site at all times. Owner or Engineer will provide rain gauge and mail box to store SWPPP and inspection records. Engineer will be responsible for all SWPPP inspections and documentation. Site-Vlt"sit �andPiloie Milestones • Site preparation, excavation, installation and construction of rock structures and site restoration shall be executed in sections to minimize disturbance to creek and surrounding properties. • Tree protection fence and other erosion control measures must be in place prior to commencement of each section of work. • Layout of structures • Coordination of burial of existing electrical line with Ozarks Electric Cooperative Project Snecif€cs • This project includes construction of a natural stream channel with specified geomorphic features, five major rock vane structures, bankfull benches constructed out of rock and wood materials with soil mattresses, and associated site work. • Fayetteville is seeking a construction company with over ten years of experience building river restoration and streambank stabilization designs using a natural channel design approach that is specifically based on methods and techniques presented in Chapter 11 of the USDA Natural Resource Conservation Service National Engineering Handbook, Part 654, Chapter 11, (2007). Telecontmunicatlons Device for the Deaf TDD 1479)521-1316 113 West Mountain - Fayetteville, AR 72701 City of Fayetteville -- Purchasing Division Bid 1115, Ar15, Addendum m 2 113 W. Fayetteville, AR 72701 Bid 11-15, Construction — Stream Restoration at Niokaska Creek Phone: 479.575.8220 In Sweetbriar Park E -Mail: aforen@ci.fayetteville.ar.us Date: Tuesday, January 11, 2011 To: All interested parties From: Andrea Foren, CPPB, Purchasing Agent Notice: This addendum is hereby made a part of the bid documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. Addendum should be attached to the inside cover of the bidding documents, signed, and dated. 1. The deadline to submit a bid has been revised to Thursday, January 27, 2011 before 2:00 PM, local time. Acknowledge Addendum #2: Printed Name: Signature: Title: ©ate: /� Company: I f/' k1F .G �f1Gt Page 1f1 1 Telecommunications Device for Ilic OW 7DD(479)521.1316 113 West Mounlain-Fayetteville,AR72701 Page I of I Fayetteville, AR: Time extension for Bid 11-15, Stream Restoration at Niokaska Creek in Sweetbriar Park (Addendum 2) From "Andrea Foren" <aforen@ci.fayettevllle.ar.us> To 'Andrea Foren'<aforen@ci.fayetteville.ar.us> Cc Alison Jumper' cajumper@ci.fayetteville.ar.us>, "Carole Jones' <cdjones@ci.fayetteville.ar.us> Date Mon, 10 Jan 2011 17:14:35 -0600 Attachments Bid 11-15, Addendum 2.pdf [ 39.33 KB j, Andrea Foren3.vef [ 606 B I Reference: aid 21-15, Construction - Stream Restoration at Niokaska Creek in Sweetbriar Park Deadline (revised per attached Addendum 2): Thursday, January 27, 2011 before 2:00 PM, local time Attached is Addendum 2 in reference to Bid 11-15. This Addendum extends the deadline until Thursday, January 27, 2010. Please let me know if you have any ques€ions. Best, Andrea Andrea Foren, CPPB City of Fayetteville, Purchasing Agent 113 W. Mountain Fayetfewlle, AR 72701 Phone: (479) 575-8220 TDD (Telecommunications Device forthe Deaf): (479) 521-1316 eforen ci. fayetteviear.us www.a ce sfa eftevilte.o jA Please consider the environment before printing my e-mail. hops://webmail2.centu ytel.net/iwebmaWmail/me,ssage.php?index-23532 1/11/2011 a'Environmental Protection Agency OMB Control No: 2090-0030 Approved: 05/01/2008 Approval Expires: 01/31/2011 Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form NAME OF SUBCONTRACTORi PROJECT NAME c ecPi ADDRESS BID/PROPOSAL NO. TELEPHONE NO. E-MAIL ADDRESS t\IJP\ Al/A PRIME CONTRACTOR NAME �1 CONTRACT ITEM OF WORK OR DESCRIPTION OF SERVICES BID TO PRICE OF WORK SUBMITTED TO ITEM NO. PRIME PRIME CONTRACTOR . - ZDO� /Vor ONC CDMPA J opvs a.LO e eNoUGH TO 6/ -O Of i)/,6 JVo T IlA C Currently certified as an MBE or WBE turd EPA`s DBE Pro mI Yes Nn cignature of PrCp4actor Date Print Name Title Signature of Subcontractor Date Print Name Title � I� 'Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100-3 (DBE Subcontractor Performance Form) A OMB Control No: 2090-0030 Approved: 05/01/2008 Approval Expires: 01/31/2011 Environmental Protection Agency Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form BID/PROPOSAL NO. PROJECT NAME PAK NAME OF PRIME BIDDER/PROPOSER E-MAIL ADDRESS ADDRESS ic 39J I/64 3AS& 9J/y7 TELEPHONE N FAX NO. 9V -2'22x5 The following subcontractorsi will be used on this project: COMPANY NAME, ADDRESS, PHONE TYPE OF WORK TO BE ESTIMATE CURRENTLY NUMBER, AND E-MAIL ADDRESS PERFORMED D DOLLAR CERTIFIED AMOUNT AS AN MBE OR WBE? N/:\ N/4 I certify under penalty of perjury that the forgoing statements are true and correct. In the event of a replaceme of a subcontractor, I will a ere t the rep acement requirements set forth in 40 CFR Part 33 Sectfon o2(c). / // __ f Prime Contr t r Date �7;16kyA (..�- Print Name Title Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100-4 (DBE Subcontractor Utilization Form) .t)e MBEIWBE/DBE COMPLIANCE EVALUATION FORM (Bid Package Documentation) Bidders are to complete this form and submit with the bid proposal. A condition for remaining in competition for award is the satisfactory completion of this form. The undersigned submits the followingdala with respect to the firm's efforts to meet the EPA's goal for MBE/WBE/DBE participation. Nitk1 A CK IN I. Name of Project: ! (A )E )/9 h _ Project No:—iJJ≤ 2. Name of General Contractor: EAC Z(on dDL2. L e /?1 /'4? £ N4 QgCJ77N 3. MBE/WBE/Dl3E Firm: ?'}BYO A 60A &5/r/UC/- L- '1 /L,4dL (Name) (Complete a separate form for each MBE(WBE/DBE to be used as a subcontractor) (Address) (City, State, Zip Code) /� / ` y /A (Phone Number) (Fax Number) 4. Describe Wok to be performed by the MBE/WBE/DBE; provide dollar amount of the subcontract. N IA DOCUMENTATION OF AFFIRMATIVE STEPS TAKEN TO OBTAIN MBE/WBE/DBE PARTICIPATION Documentation that MBE/WBE/DBE quotes were solicited through direct mail and other advertising sources, documentation of follow-up action for firms not responding, and documentation of responses received (both positive and negative responses). What sources were used to identify potential MBE/WBE/DBE firms. (Arkansas Highway and Transportation Department, Arkansas Economic Development Commission' s Minority Business Development Division; U.S. Small Business Administration; other sources, please specify and provide documentation) Describe steps taken to divide work items into small tasks in an effort to maximize MBE/WBE/DBE participation. List reasons fQr rejecting a MBE/WBE/DBE that indicated a desire to participate and/or submitted bids. c e& uIPMe tJT The undersigned hereby certified, having provided responses or documentation to the questions in the foregoing affirmative steps taken to obtain MBE/WBE/DBE participation, that they are true and correct to the best of his/her knowledge, information and belief. Name of General Contractor; CVbAJ Signature: / �^ Title/Date: /� / 1// t f _l MBEIWSE PROCUREMENTS MADE DURING REPORTING PERIOD EPA financial Assistance Agreement Number: 1. Procurement Made By 2. Business 3. $ Value of A- Date of 5_ Type of 6- Name/Address/Phone Number of MBEWBE Enterprise Procurement Award MM/DDIYY Product or Services (Enter Code) Contractor or Vendor Reupiarr! Sub- Prime # Minority Women Racpent andlor SRFLosn Recipient p # t c N f15� ]� (9�+t A17 CC,r`'0► l,r! I*J io.cx X5119 �; bC�G�yr ! irs br 4f] 4�T AN9)5P.5 7 uck1v,rNC I Loegy t7R. 151 w b j D 1 or L 11$ �1Cr X llM6Gr•LS d 1�2Ch 1 refC. i �GG i a[ 1$ �.) SID Soui H C�taW Y L7C� T0� Q" ❑ (2 ► Q� ZNT �5 T L4,A4 E� i�'O , r�Qo P..o• ax 7CflQ) DCb A! C { 6pu1 15 T �J2i1$ 14� f Gout/ 6 v 4i2Ae11v66 l cure3, (S�r 3� i { Hy,u srrur r ! ! E t � f Type of product or service codes: 4r I = Construction 2 = Supplies 3 = Services 4 = Equipment NoteRefer to Terms and conditions of your Assistance Agreement to deter re She frequency of reporting. Recipients are required to submit M96WBE reports to EPA beginning with the Federal fiscal year quarter the nacipients receive the award, continuing unt3 the project is completed. EPA FORM 570W52A . (Approval Expires 01131111) Page 1 of 1 Carole Jones - RE: check for application From: Gregory Crow <Gregory.Crow@arkansas.gov> To: Andrea Foren <aforen@ci.fayetteville.ar.us> Date: 1/27/2011 4:11 PM Subject: RE: check for application Yes. Elk River's application was received on January 20, 2011. It is an "application on file." Greg Crow Arkansas Contractors Licensing Board From: Andrea Foren [mailto:aforen@ci.fayetteville.ar.us] Sent: Thursday, January 27, 2011 4:07 PM To: Gregory Crow Cc: Andrea Foren; Carole Jones Subject: check for application Mr. Crowe, Our project I spoke to you about bid today. The apparent low bidder is Elk River Construction (ERC, Inc.) out of Pagosa Springs, Colorado. Can you please confirm that they have applied for an Arkansas Contractor's License? Thanks, Andrea Andrea Foren, CPPB City of Fayetteville, Purchasing Agent 113 W. Mountain Fayetteville, AR 72701 Phone: (479) 575-8220 TDD (Telecommunications Device for the Deaf): (479) 521-1316 aforen@ci.fayetteville.ar.us www, accessfavette villa. org APlease consider the environment before printing my e-mail, No virus found in this message. Checked by AVG - www,avg.com Version: 10.0.12041 Virus Database: 1435/3406 - Release Date: 01/27/11 file://C:\Documents and Settings\cdjones\Local Settings\Temp\XPgr... 1/28/2011 Ot000480 # 121 gig, CASHIER'S CHECK SERIAL #: 0488606292 C 3w, GZ 4'f < ACC0UNT#: 4861-505758 Purchaser: 9EANNA HQCKETT Purchaser Account: 5204520953 Operator I.D.: ud4n2675 uden1945 PAY TO THE ORDER OF ***CITY OF FAYETTEVILLE, ARKANSAS*** ***Four thousand two hundred forty-one dollars and 25 cents*** January 22, 2011 **$4,24'1.25** VOID IF OVER US $ 4,241.25 WELLS FARGO BANK, H.A. NOTICE TO PURCHASER -IF THIS INSTRUMENT IS LOST, 50 HARMAN PARK DR PAGOSA SPRINGS, CO 81147 STOLEN OR DESTROYED, YOU MAY REQUEST CANCELLATION AND REISSUANCE. AS A CONDITION TO CANCELLATION AND NON-NEGOTIABLE FOR INQUIRIES CALL(480) 394-3122 REISSUANCE. WELLS FARGO& COMPANY MAY IMPOSE A FEE AND REQUIRE AN INDEMNITY AGREEMENT AND BOND. Purchaser Copy I-llai: mu:= 3 10:105094) 0004800 11-24 CASHIER'S CHECK 0488806292 Office AUU 0 1210(6) u io • Operator I.D.: uden2615 uden1946 January 22, 2011 PAYTOTHEORDEROF ***CITY OF FAYETTEVILLE, ARKANSAS*** ***Four thousand two hundred forty' -one dollars and 25 cents*** **$4,24'1.25** 2 WELLS FARGO BANK, N.A, VOID IF OVER US $ 4,241.25 a '. • 50 HARMAN PARK DR �� PAGOSA SPRINGS, CO 81147 6 FOR INQUIRIES CALL (480) 3943122 CONTROLLER II■0488806 29 2u' 1: L 2 L000 248.x.4$6 I SOS? 581#' The annual meeting of shareholders of ERC, Inc, was called to. order at 7:00 a.m. on January 16th 1998, In attendance were Dale Hockett and Deanna Hackett who are the incorporators and directors of the corporation. The decision was made to leave contributed inventory, equipment, and supplies in the following amounts and proportions, and accordingly stock left as follows: Deanna Hockett 82000.00 66.6% of Stock Date Hockett $1,000.00 33.3% of Stock The share holders stock certificates will be left as follows Deanna Hockett Stock Certificate No. 1 200 Shares Dale Hockett Stock Certificate No. 2 100 Shares AU other capital contribution to the corporation shall be reflected not in the form of stock, but in the form of a promissory note from the corporation back to the individuals. Directors will remain the same, and are as follows: Deanna Hockett Dale Hockett Officers were re-elected as follows: Deanna Hockett President / Secretary Dale Hockett Vice -President / Treasurer All banking will remain the same unless the accumulated amounts become too great to remain in one bank, at that time a new account will be started at The Bank of the Southwest. Insurances will remain the same. There being no further business, the meeting was adjourned at approximately 8.35 a.m. Dated this 16th day of January 1998. Respectfully submitted, Dale Hockett ARTICLES OF INCORPORATION OF ERC, INC. PLED COPY ARTICLE I — � _.-nom.. t t=, NAME: The name of the corporation is ERC, Inc. Ors'" ARTICLE II. PURPOSE: The purpose for which this corporation is organized is for engaging in any lawful business for which corporations may be incorporated under the laws of the State of Colorado as they may be amended from time to time. RTICLE III INITIAL BUSINESS: The corporation initially intends to be involved in providing heavy equipment and Construction services to S.W. Colorado. ARTICLE IV. AUTHORIZEDCAPITAL: The corporation shall have the authority to issue 50,000 shares of no par value comion stock. ARTICLE V. STATUTORY AGENT: The name and address of the i iit4a1" registered agent is Deanna Hackett, and the initial registered office of the corporation is P.O. Box 396, 508 Deer Trail, Pagosa Springs, CO -81147. 7JRTICLE VI. KNqWR.P CE „OF BUSINESS: The known: place, of business of the corporation is 508 Deer Trail, Pagosa Springs, Gb 81147. ARTIOLE VII, OP:D S: The initial board of directors shall consist` of two. direr ors . The persons who are to serve as direct t.ra until the _=first annual meeting of the shareholders or until their successors are electe cr "arid 4u.alified: Deanna HoCkett . D1 llOckett :. P.O. Box 39-. .. Pik`. Bob 3 '6 , 508 Deer T -all 508'" Deej Trif I Pago as Springs, CO .8147 }'7 P &sa tprii s, Co 81147 ARTICLE VII . INCORPORATORS: The names and addresses of the incorporators of the corporation are: Deanna Hockett P.O. Box 396 508 Deer Trail Pagosa Springs, CO 81147 Dale Hockett P.O. Box 396 508 Deer Trail Pagosa Springs, Co 81147 IN WITNESS WHEREOF, we have hereunto set our hands this _ day of EiEft1l AO 1995. 2D A D anna Hockett Dale Hockett STATE OF COLORADO ) )ss. COUNTY OF ARCHULETA ) The foregoing instrument was ac a me this day of en, hrr 1f95, by D�bnt Hockett and Dale Hockett. r� r" a `�Y Notary Publa My The undersigned consents to the appointment as the initial registered agent of ERC,.Inc.. Date equallion Flo. . e: City Of Fayetteville - Purchase Order (PO) Request 2/4/2011 [Net 0 Purdnra Orlon OMiber ec1edD6tiveoyz)dte: AN purchases under $2000 shall be used an a P -Card unless medical or 1000 service related..(Call x256 with quesdlans) AN PO RqzMat shall be seaanael to the Pwthas7 ►-maU: Pwehast 0w#1Q.rr. us Vendortl_ Vendor Name: tall 20711 1 Elk River Construction es:_ No: Ad rase:Fob int: ixa61e 'clan Attached 100 P. HcIiy Place es:_ No._. Yea: No: Qtyjstela: ip Code Ship to code' Divenn Head Ap a' P 09a Sp CO 01147 Requester. Requesters Emptvyee P. Extension: Carols Janes, Park Planner 3003 472 Ile bon Quantity Un0 of issue Unit Cost Extendod Cost Account Numbers Pitsbpiupct C Inventory C Fond Asset N Construction of Stream t Restpry0on atNlakaska I I LS $82,219.$0 4470.5470.5315.00 09025.0901 Creek In Sweel5Her Park Construction of Stream 2 Restwatian at ttliokaska 1 1 LS $2,805.50 2250.9256.5806.00 09025.0901 Creek in Sweetbrrar Park - 3 50.00 4 $0-00 5 $0.00 s $0.00 7 $0.00 8 $0.00 9 $0.00 10 $0.00 ShippinglHandling tot $0.00 .lpecial ns ions: Tax Is Included in the bid price. Subtotal: 384,825.00 Tax: Dtal: $84,625.00 Approvals: Mayor: Deponent Oirectar 7 [te Purchasing Manager. Finance & Internal Services Director: Budget Manager, IT Manager. Dispatch Manager: Utilities Manager Other: City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements N/A City Council Meeting Date Agenda Items Only .Carole Jones V Park Planning Parks.and Recreation Submitted By Division Department Action Re uired: Request for approval of change order #1 to Resolution 26-11 for Bid # 11-15 with Elk River Construction, Inc. in the amount of $2,400 for the Construction of Stream Restoration at Niokaska Creek in Sweetbriar Park (see attached memo). $ 2400.00 Cost of this request 4470.9470.5315.00 Account Number 09025.0901 Project Number Budgeted Item ©X $ 321,066.00 Category I Project Budget $ 311,009.10 Funds Used to Date $ 10,056.90 Remaining Balance Budget Adjustment Attached Niokaska Creek Stream Restoration Program Category / Project Name Niokaska Creek Stream Restoration Program I Project Category Name Sales Tax/Grant Fund Name 3 Previous Ordinance or Resolution # 26-11 Date Original Contract Date: 2/15/2�� Original Contract Number. Date Finance and Internal Services Director Date Date ReceivedinCity 03-24-11 All :46 RCV Clerk's Office Received in Mayor's Office Revised January 15, 200 Zaylere—Ville ARXANSAS� To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director te ' Alison Jumper, Park Planning Superintendent From: Carole Jones, Park Planner Date: March 23, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREA11t7N DEPARTMENT 113 West Mountain Fayetteville. AR 72701 P (479)444-3471 F(479)521-7714 Subject: Request for approval of change order #1 to Resolution 26-11 for Bid # 11-15 with Elk River Construction, Inc. in the amount of $2,400 for the Construction of Stream Restoration at Niokaska Creek in Sweetbriar Park PROPOSAL: Sweetbrier Park contains 4.05 acres and is located at 2645 E. Sweetbriar Drive. The park is situated in the northeast quadrant of town east of Old Missouri Road and south of Joyce Boulevard. Niokaska Creek, a tributary to Mud Creek, flows through Sweetbriar Park. The creek is located within the Illinois River Watershed. The creek sections are incised and have several banks eroding into the park land and surrounding residential yards which have resulted in vertical cut -banks. These banks contribute excessive sediment to the streams through lateral erosion. Bank erosion presents a safety concern and leads to a lack of riparian canopy. Restoration is necessary to stabilize the creek and prevent further erosion. On February 15, 2011, the City Council passed Resolution Number 26-11 approving a contract with Elk River Construction, Inc. for Bid 11-15, Construction of Stream Restoration at Niokaska Creek in Sweetbriar Park, in the amount of $84,825 with a 5% project contingency of $4,241 for a total project cost of $89,066. The project includes construction of a natural stream channel with specified geomorphic features, five major rock vane structures, bankfull benches constructed out of rock and wood materials with soil mattresses, and associated site work. Staff is requesting approval of a change order to saw cut and remove an approximately 1 -foot wide x 1 -foot high x 20 -foot long section of a 50 -foot long existing steel -reinforced concrete weir located in the stream within the park property. Removal is necessary to accommodate the construction of one of the rock structures. The original plan included complete removal by use of mechanical equipment; however, the weir could not be removed by this method due to the overall length. The contractor must use a hydraulic saw to cut and remove a 20 -foot section of the weir. The contractor is not requesting any additional days for completion of the project. RECOMMENDATION: •Parks and Recreation staff is requesting approval of change order #1 to Resolution 26-11 for Bid # 11-15 with Elk River Construction, Inc. resulting in an increase of $2,400. This amount is within the project contingency of $4,241 leaving a balance of $1,841 in contingency. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 THE CITY OF FAYETTEVILLE, ARKANSAS BUDGET IMPACT: This project is funded with Sales Tax/US EPA Region 6 Grant funds ($80,000), Sales Tax/Capital Improvement funds ($4,170) and Park Land Dedication Ordinance NE Quadrant funds ($4,896). The cost is accounted for in project number 09025.090 1, Niokaska Creek Stream Restoration. Attachments; Staff Review Form Resolution No. 26-11 Elk River Construction, Inc. Change Order No. I Cost Estimate Change Order No. 1 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville AR 72701 % 0 } ,. 2 §uJ 2 do z § \ \ « w k e CD k -j / C \o _ -1 e 0It - O �Z5a G o Ix ~ 0 k2� -C jS eo % \\ 2 �m �m- §z -O.-. # c a k77 / O'C0 O E0E \§) CLZ� MIo 0 C� E�8 \ 27k e%§ ]§E _ fl \ Q f - e § � \ k z 2 ( & m Z• ayle v! e ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT 113 West Mountain Fayetteville, AR 72701 ®®mss P (479) 444-3471 F (479) 521-7714 CHANGE ORDER NO. l Cost Plus X Pre -Agreed Unit Price Project Name and Number: Construction of Stream Restoration at Niokaska Creek in Sweetbrier Par Resolution loo, 26-111 Name of Contractor: Elk River Construction, Inc. Address of Contractor: P.O. Box 396, Pagosa Springs, CO 81 147 Date of Contract: February 15, 2011 Original Contract Sum: $ 84,825.00 Total Amount of All Previous Approved Change Orders: $ 0.00 Contract Sum prior to this Change Order: S 84,825.00 Contract Sum increase this Change Order: $ 2-400.00 New Contract Sum including this Change Order: $ 87,225.00 Subject and Reason for this Change Order: Staff is requesting approval of a change order to saw cut and remove an approximately 1 -foot wide x 1 -foot high x 20 -foot long section of a 50 -foot long existing steel -reinforced concrete weir located in the stream within the park property. Removal is necessary to accommodate the construction of one of the rock structures. The original plan included complete removal by use of mechanical equipment; however, the weir could not be removed by this method due to the overall length. The contractor must use a hydraulic saw to cut and remove a 20 -foot section of the weir. The contractor is not requesting any additional days for completion of the project. Additional Time Requested: 0 Calendar Days Dated this 23rd day of Marsh. 2011 CITY OF FAYETTEVILLE Parks & Recreation Department By: Car ones, Park Planner CITY OF FA EVI E By: ayor Lio ordan ATTEST: .h) Elk River Co nstruction, Inc. Contractor By: Title: ATTEST: ' Telecommunications Device for the Deaf TDD (479)521-1316 113 West Mountain - Fayetteville, AR 72701 RESOLUTION NO. 26-11 A RESOLUTION AWARDING BID #11-15 AND AUTHORIZING A CONTRACT WITH ELK RIVER CONSTRUCTION, INC. [N THE AMOUNT OF $84,825.00 PLUS A FIVE PERCENT (5%) PROJECT CONTINGENCY FOR THE CONSTRUCTION OF STREAM RESTORATION AT NIOKASKA CREEK IN SWEETBRIAR PARK AND APPROVING A BUDGET ADJUSTMENT OF $9,066.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #11-15 and authorizes the Mayor to sign the contract with Elk River Construction, Inc. (attached as Exhibit "A") in the amount of $84,825.00 plus a five percent (5%) project contingency for the construction of stream restoration at Niokaska Creek in Sweetbriar Park. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Budget Adjustment in the amount of $9,066.00. PASSED and APPROVED this 15`h day of February, 2011. APPROVED: ATTEST: B 22 By: £&nd c. I& I ELDyWAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer `5�psnsnUrr,��� K/TR Rif• �sa'�y -�: GAT Y O,c •,C'��'s FAYETTEVI LLEl. = -AlA Document A312m -1984 Performance Bond CONTRACTOR (Name and Address): ELK RIVER'CONSTRU.CTION INC. PO BOX 396 PAGOSA SPRINGS,CO 81147 OWNER (Name and, Address): CITY OF FAYETTEVILLE SURETY (Name and Principal Place of Business): AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BLVD., 9TH FLOOR LOS ANGELES, CA. 90045 1455 S. HAPPY HOLLOW RD. BOND #100807158 CONSTR CTIION CONTRACT0.1 Date: FEBRUARY 15TH, 2011 Amount: $84,825.00 Description (Name and Location): C STRUCTION OF STREAM RESTORATION ATNOKASKA CREEK Date (Not earlier"than Construction Contract Date): 03/09/2011 n bunt: $84,825.00 V-,-Ai1k4ilrritions to this Bond: None See Last Page ,,.•Nat TM ( 0 2(-u 1 SC�XRE� 1(11111 H IiIIiI1111111111111111111HI111111I III 111111111111111II1I Doc ID: 013918220008 Type: LIE Kind: PERFORMANCE BOND Recorded: 03/14/2011 at 08:37:12 -AM Fee Amt; $50.00 Paae 1 of 8 Washinaton County. AR Bette Stamps Circuit Clerk FileBO30-00000406 ARCHIVED 0 ,:� MITYCttf"i, ••? ! to IGT0R AS PRINCIPAL SURETY aty:. (Co orate Seal) Company: Corpor eal) Itte: Signature: Edna J�EJ�IV/Vi� b7T Name and BENTLEY COL RT T)Rr 4c vT/≤enik#,iyy Title: ATTORNEY -IN -FACT additional signatures appear on the last page) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): WOLCOTT INSURANCE SERVICES PO BOX 260 DURANGO, CO 81302 AIA Document A312T" -1984. Copyright ® 1984 by The American Institute of Architects. All rights reserved. WARNING: This AIADocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution at this AIA'" Document, or any portion of it, 1 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:57 on 04117/2008 under Order No.1000352359_1 which expires on 411412009. and is not for resale. User Notes: (910057406) § 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Section 3.1. § 3ilf there is no Owner Default, the Surety's obligation under this Bond shall arise after: § 3.1 The Owner has notified the Contractor and the Surety at its address described in Section 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods o€ performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and § 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice; as provided in Section 3.1; and § 3.3 The'Owner has agreed tb pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. § 4 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or § 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or : § 4.3.Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or § 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicablefter the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. § 5 If the Surety does not proceed as provided in Section 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to.act under Section 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: AIA Document A312n —1984. Copyright O 1984 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ALA r' Document, or any portion of it. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:57 on 04/1712008 under Order No.1000352359_i which expires on 411412009, and is not for resale. User Notes: {910057406 § 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; § 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 4; and § 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. § 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts; purchase orders and other obligations. § 9 Anyproceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in' which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. § 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the constructionwas to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 12 DEFINITIONS § 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. § 12.3 Contractor. Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. § 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. AIA Document A3127' —1984. Copyright O 1984 by The American Institute of Aref itects. All rights reserved. WARNING: This ALA' Document is protected by V.S. Copyright Low and international Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of it. 3 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under ttte law. This document was produced by ALA software at 14:42:57 on 04/17/2008 under Order No,1000352359_l which expires on 411412009, and is not for resale. User Notes: (910057406) }Y',• „ .1.: 1:1,1 § 13 MODIFICATIONS TO THIS BOND AREAS FOLLOWS: YIN14111f1/1! ti r•r�•rrr.••r gyp. Sri' -• ... e _ `�� OQ, •' tided below for additional signatures of added parties, other than those appearing on the cover,'age .. d RSPRINCIPAL SURETY J ........ •• ;� = V a • — - (Corporate Seal) Company: (Corporate Seal) t F K:�ti�,•`` ` t� •• y_ .ice• i AME ICAI�₹ TRA O D IvlNt i Y • Signatttse' Signature: 'Name and Title: Ffi/VNfa} /N. Oi e�s7T ! Name and Title: BENTLEY CO BERT ATTORNEY-iN-FACT Address: 396 // t7 Address: ' 6 o5P 5�06S, CO &/!y / 9841 AIRPORT BLVD., 9TH FLOOR LOS ANGELES, CA. 90045 AlA Document A312"" —1984. Copyright © 1984 by The American Institute of Architects. All rights reserved. WARNING: This AIA'` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution o I This AIAa Document, or any portion of it, 4 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:57 on 04117/2008 under Order No.1000352359_1 which expires on 411412009, and is not for resale, User Notes: (910057406) Payment Bond CONTRACTOR (Name and Address): ELK RIVER CONSTRUCTION, INC. PO BOX 396 PAGOSA SPRINGS, CO. 81147 OWNER (Name and Address): CITY OF FAYETTEVILLE 1455 S. HAPPY HOLLOW RD. Date: FEBRUARY 15TH, 2011 SURETY (Name and Principal Place of Business): AMERICAN CONTRACTORS INDEMNITY CO. 9841 AIRPORT BLVD., 9TH FLOOR LOS ANGELES, CA. 90045 Amount: $84,825.00 Description (Name and -Location): CONSTRUCTION OF STREAM RESTORATION AT NOKASKA CREEK Date (Not; earlier than Construction Contract Date): 03/09/2011 rat, ii]aunt: $84,825.00 rn IHbtti ii �fi�oosto;this Bond: . y . None See Last Page et SFAS PRINCIPAL SURETY ,...•• ' �7' '• '(Corporate Seal) Company: (Corporate Seal) -. h`.••O�inat$r� Signature: '•.{yg�d:.T,�;ayN�.77/ r Name and Title: BENTLEY C9tBERT ATTORNEY -IN -FACT (Any ad nal signatures appear on the lrage) (FOR' INFORMATION ONLY- Name, Address and Telephone) AGENT or BROKER:' ` OWNER'S REPRESENTATIVE (Architect, WOLCOTT INSURANCE SERVICES, ` Engineer or other party): PO BOX 260 DURANGO, CO. 81302 ❑+ 0 AIA Document A312TM —1984. Copyright ® 1964 by The American Institute of Architects. All rights reserved. WARNING: This AIA,. Document is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of this AIADocument, or any portion oil. may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:42:57 on 04117/2008 under Order No.i000352359_1 which expires on 4114P2009. and is not for resale. User Nodes: (910057406) ❑+ § 1 The Contractor and the Surety, jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. § 2 With respect to the Owner, this obligation shall be null and void if the Contractor: § 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and § 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Section 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. § 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for allsums due. § 4 The Surety shall` have no obligation to Claimants under this Bond until: § 4.1 Claimants who'are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address describedin Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this::Bond' and;.with substantial accuracy, the amount of the claim. § 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 . Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated'the claim will be paid directly or indirectly; and 3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is,being.made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor § 5 If a riotice''required, by Section 4' is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. § 6 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly and at the Surety's expense take the following actions: § 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. § 6.2 Pay or arrange for'payment of any undisputed amounts. § 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for, any, payments made in good faith by the Surety. § 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. § 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. AIA Document A312Tr' —1984. Copyright ® 1984 by The American Institute of Architects. All rights reserved. WARNING: This AIA`� oocument is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA1 Document, or any portion 01 .1. 6 may result in severe civil and criminal penalties, and will be prosocuted to the maximum extent possible under the law. This document was produced by AlA software at 14:42:57 on 04/17/2008 under Order No.1000352359_i which expires on 4/14/2009, and is not for resale. User Notes: (910057406) § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Section 4.1 or Section 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice, to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficientcompliance as of the date received at the address shown on the signature page. §13 When this Bond has been. furnished to comply with a statutory or other legal requirement in the location where the construction was:to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted' herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14' Upon request by. any.person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a:cbpy'of this Bond or shall permit a copy to be made. § 15 DEFINITIONS § 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil; gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other'itetns. for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished § 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. § 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof,, AS FOLLOWS: !� 1 • �,>�klTy ��., . 16 MODIFICATIONS TO THIS BOND ARE i`,,`,tf�lllilfl11/4/0"10 : 11,E . .•` (,pis provided below for additional signatures of added parties, other than those appearing on e a er ) A TORASPRINCIPAL ,. lU v� SURETY J�;. �Ct�tip�1 y? (Corporate Seat) Company: (Corporate Seal) 1 �lj4 AMERICAN CONTRACTORS INDEMNITY CO. .:: .'} .�QQ � .•••' 8 .. `•••'Sly n.Q e: "••.,,/ Ngvft%_aod Title:- � �� 4Qer. Signature: &).d Name and Title: BENTLEY LBERT ATTORNEY -IN -FACT ' 1111) N lS 1j1 N/� Address: p•�X 3�L Address: /4cc...c Epc 9841 AIRPORT BLVD., 9TH FLOOR LOS ANGELES, CA. 90045 AIA Document A312"1-1984. Copyright ® 1984 by The American Institute of Architects. All lights reserved. WARNING: This AIA"" Document is protected by U.S. Copyright Law and international "treaties. Unauthorized reproduction or distributional this AIA' Document, or any portion of it, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:57 on 04/17(2008 under Order No.1000352359_1 which expires on 4114/2009, and is not for resale. User Notes: (910057406) AmericanContractors Indemnity Company 9841 Airport Blvd,, 9' Floor Los Angeles, California 90045 POWER OF ATTORNEY '. KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, Gregory J. Wolcott. or Bentley Colbert of Durango, Colorado its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, iissued in the course of its business and to bind the Compatly,: thereby, in an Amount not to exceed $ *****500,00000*****ii This Power of Attorney shalt expire without furthef'actitn on March 18, 2011 , This Power of Attorney is granted and is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS.INDEMNITY COMPANY at a'meetingduly called and held on the 6`" day of December, 1990. "RESOLVED that the Chief Executive Officer. President or any Vice President, Executive Vice President, Secretary "or Assistant Secretary, shall have the power and authority 1. To appoint Attorneys) in -Fact and to authort a them to execute on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings,' contracts of indctnnU and otherwritings:obligatory in the nature (hereof and, F , 2. To remove, at any time, any such Attorney -in -Fact and revoke the authority given. - RESOLVED FURTH R, that the signatures of such officers and: the seal of the Company .map be affixed to :any such Power of Attorney or certificate -: relalir g theretp by facsimile, and any such Power of Attorney or cert�ftcate bearing such,(acsimrle si natures orfacsirnile seal shall be valid and binding upon the Co ipony and any such poweid so executed and certified by facsimile signatures a►td fat„riin a seal shall be''.alid and binding upon the Company in the future with respect to any bond or undertaking td -which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 2nd day of January; 2008. �� ;,' y ti�� �q�xs��aertd AMERICAN CONTRACTORS INDEMNITY COMPANY STATE � OF. CALIFORNIA COUNTY OF LOS0AhIGEL.ES By:— -� Adam S.'Pessin, President'' .` On this 2nd day of January, 2008, before me, Deborah Reese, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity Company,` who proved to-. me on the basis of satisfactory evidence to be theperson(s)whose narrie(s)is/are subscribed to the within instrumentand acknowledged. to me that lielslie,.'they executed the same iii_his/het/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of :which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the WITNESS my hand and official seal. ;Ding paragraph is true and correct. i Commiulon s 1726211 IL / t 1piary lulauc Ca lictraa Signature LK-lJ&/7i/`e--- (Seal) i �ol< Ario•ies courtly 1,1yCortYnb eeMcsln 2o11 I, Jeannie J. Kim, Corporate Secretary of American Contractors' Indemnity Company, do herebyce tifythat the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor theresolution have been revoked and they are now .in -full force and effect.. IN WITNESS HEREOF, I have hereunto set my hand this day of 200 Bond No. lop o og a ? I Jearin = J, Kim, Co orate ecretary Agency No. 15045 - - Rev. POA91/W 108 Jan 18 2011 1103 HP LASERJET FAX x:2!0-11 ARCHIVED.2 ,AcaRD_ CERTIFICATE OF LIABILITY INSURANCE Ian _ aI oAT8RMWDD1YYYY PRODUCER Pagona Inaouraaoe Agency Inc. P , 0, Box 360 Pagosa Springs CO 81147-0369 Whona : 970-264-2127 Faa : 970-264-2138 THI5 CeRI FICATE 18 188 LIED AS A UATTCROr INI:ORMATION ONLY AND CONFERS NO R1OHT8 UPON THE CERTIFICA11 HOLDER. THIS CERTIFICATO DOES NCVT AM END, EXTEND OR ALTER THE COVERADE AFFORDED BY THE POLICIES BELOW. 1NSURERSA1'FORDIN9 COVERAUE NAIC 0 INSURSO INSURER* vinnRool AnsulranCA INSURER 8: 81k River nOL•1Cucti.Oa P.�: R' 3 a Dagasa $pr ngm Co 81167 1NaURLAC: INOURERD: INSURER $: THE POLICIES LW INtWAANCIZ LIMO BELOW HAVII SEEN IOBUED TO THE INSURED NAMED AIQYE FOR 1 POVCV ►EAIOO INDICATED. HQTWRHOTANDINO ANY REUUIRSM04T, TERM OR Oowo1TION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 70 WNICHTHIS CFATIFIC'AYE MAY 0E ISSUED DR MAY PERTAIN. THE INDURANCE APFORDSD BY THE PDUCIEA DCSCRLOE.D HEREIN in auBJEC7 YO ALL THE TERM. P.YCLUIIONSAND CONDITICNSOP SUCH POUCIEB. AGGREGATE LI/S78 SHOWN MAY NAVE BEEN REDUCED BY PA O CLAIMS. iESRD1 TR R -. TYPO OF INOURANCE POLICY NUNOER MfD ulMs•II GENERAL UACILRY PJICT+OCGURRENCE I PREAQHH$ COMMERCIAL GERAL LIABILITY NE ____ MSD IXP (Any DI'R pamcr) i CLAIMS MADE PERSONAL 8 AOV IN JURY I OityERALAGGREDATRI OEN'L AOOREOATE LIMIT APPLIES PER: PRODUCTS • CO MPIOP ADD i POLICY LOG AUTOMOBIL.EL'ABLny ANY AUTO COMBINED t�4NO.CLIMIT i Q� FJ SOOILY INIURY LPNr wnwnl i » �I o , ALL.OWNEC AUTOS SCHEDULED AUTOS HIRED AVTDE NOMOWNEDAUTGIt OD1LY IH FURY vi danl} IIpew le dlYCAMAtiE i �Cy PARADELIAEILITY AUTO ONLY.EAACCID£NT $ OTHERTHAN EAACC AUTO ONLY; AGD O AHYAJTQ 8 EXCIIIMRUM9RSLLA LI SIUTY EAGN OCCURRENCE _„ AOGRfOATO OCCUR CLAIMS MADE i DEDUCT16L1 E ItGTINTHSN 5 yL A COMPSNSATIDM AHD EMPLOYERS' LAB1LTY ANY PRDPRrAMWPARTPfgR0EXECUTNLI QFMICER/MGMBEREXCLUDED? 4004039 4004039 08/01/10 08/01/10 0B/03./1i 08/01/11 WCSTAYYOIIICEPO x T IN • E.L.PJICHACGRENT i l0 00 E.L.OIOSAeE•IAEMPLOYEE 13.Q0,000 E.L.OIOSASE •POI.ICV ULIIT .50o Dan SPECIAL PTI�V�aIDNB Salon OTHER OCGCR1PT ON CO OPERATIONS I LOCAT VII4.2S I EXCI.0 NS ADDED BY CNDO I -IL NT I SPECIAL. 5ROV151DNO CTTYII'Ay SNDULO ANY OP THE ASOVI CEIICPdBED POLICES SE CANCELLED BEFORE THE "FWATIOF DAIS THCREOP.TNEISS1ANOINSURER YIILL!NDEAVORTOMNL 10 GAYS W ITEM City of F sy.tteviila J AR NoTICG TO THE CERTONCATE NOLDEA NAMEPTO VIlE LEFT, BUT FAILURE TO DC SO INN.L Purchasing Division IIMpO/END OBLIOATLN OR UABOJTY'OP ANY RIND UPON THE INBURL-A, ITS AGENTS OR • Room 306 REPAIMNTATIViR 113 W. mountain St. AUTHORLTlOR1PR69ENTATNE Flayettevi 110 AR 72701 h-„•_, Feb 22 11 O1:44p Deanna Hockett 97O-731-6265 p.2 r,,- 02/22/2@11 14:24 9702471561 WOLCOTT INSURANCE PAGE 01/01 .A-CQR--D. CERTIFICATE OF LIABILITY INSURANCE A4TfifLNIfDIWyY1 PRODUCER D2r22 ZOl7 (970) 2Q7-1555 TJMS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION 1DT01COt.t XMOUranCl, SQrV.1CO3, 7Cnc. ONLY AND CONFERS N4 RItIWTS UPON TIRE CERTIFICATE 730 6. Camino nc Rio HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 260 Duran o AIL M CO 81302- INSURERS AFFORDING COVERAGE Vi3UR80 N INSURER A: BITJUMTNMIS ERC, In NSL�FFIi p• 7'HII NART&QEtD PD Box 396 - re. oea a ing, CO 81147- IWLIIIER '.OVERAGES THE POLICIES OP INSURANCE LISTED BELOW HAVE BEEN ISSUED TO NE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, N0711VITHSTANDIHG ANY REQUIREMENT, TERM IR CONDITION OP ANY CONTRACTOR OTHER DOCUMENT VNTH RESPCACT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAT PERTAIN, THR INSURANCE AFFORDED BY T}[E POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS Of 5uCH POLICIES. AGGREGATE LIMITS SHOWN MAX I{AVE 13EEry REDUCED BY PAID C 4AIMS, 18pq TYPB OF INSURANCE POLICY NUMBER >4 ' EFF EGTIY POLIGY EI( T1ON C eNERAL LIABILITY RM+O OA MRA WN LIMITS A C / / 1/ COMNERCW, GENERAL t NBIUTY CLVIisMA[IS � R 8x�rremao9 12 /31/zo1O 12/31/lox / / GL7fL AOGRpGA'rE LIMIT APPLIES PE i—iPOLICY T LOC AUITtlxp6RE LIABILITY LANY LITUs XAures XAUltIS..ter.......GARY ANYAUTO EXCESBIUAIBRELLA LMBEIJTY OCCUR CLAIMS MADE OEOUGT18LE R LT "ON S WORKERC COMPENCATION AND EMPLOYERS' LIABILITY ANY PROARIETUg1PARTNERIMCUnVa OFFICER?4EMBeR EXCLUDED? If Yo0. N. wlRa SPECIAL PROvi510NS batow OTHER 2SUCLOOD2120 DE.7CRIR hTIDOP OPERAnONSILOCA71DN3fvElllcLEB5XCUISIQNB ADDED / / 02/07/2010 02/07/2011 /1 // II 1/ / 1 / / / / / / 1 /7 /1 / / 1 / r r 1/ /1 (_/ / r DIAL PROVERON S f`rATWIDATF Ni]I FP r!AIJrCI I A Md,%u EACHOCCURRENCE CtiTuTyICE 1 s 1,000,001) I 100,000 MED E:Xp Ono on 3 5.000 PERSDNAL AAgr_.AFW r L,000,000 GENERAL AG REGATF, s 2, 000, DOD PRODUCTS•C MPADPAG 3 2,000,000 CQUENCO 6WGL6 ULTIY (C,aa7J*Mt� t 1,000,000 BODILY INJURY {Per Pon sl i BODILY INJURY 1F"rAl ? PROPERTYOAMAA,E IPar eEJlls,l) AVTOONLY-L•AACOIO£NT S OTHER THAN EA A:C AUTO OM.Y: AGG 0 S AGCGATE g TORY AiU_ 6 EL EACH ACCIDENT M E.L. DISEASE-EABMPLOYEE 6 E.L DISEASE • POtJLY LIMB I ( - { — SHOULD ANY OP THE ABOVE GRCCRISED PDUCIES CS CAIRCEUED EEFDR8 THE CITY OF FAYETTEVIL'LE , AR E PIRATION DATE 1HEREOP, THE IBBUIHG INSURER WILL ENOFAYDR TO MAIL 3O DAYSwmrr N IIOTEDE m THz CPRnricATE HOLDFJI MAa6o TO THE LEFT, UUT PCYI#CHAS tNG 0IVI B ION PAIL UNC SO CO BD SHA4 IMP08H NO OBUCEI,OI+OR LJABIUTY OP ANY ILINO UPON THE ROOM 306 UP URBR J EMTB OR REPJN.SLNTATNES. AUTOO R 88►rranYe 1.13 W. I'S3UN!XAIN S. FAXITTEVII.L9 AR 72'10],— . ACORO 25 (2001108) INSO25 IDIC61.00 W MoVr.V RoVKr'rm I IUIY T7GR PAP I ot2