The URL can be used to link to this page

Home My WebLink About137-12 RESOLUTIONRESOLUTION NO. 137-12 A RESOLUTION AWARDING BID #12-53 AND AUTHORIZING A CONTRACT WITH MID -AMERICA POOL RENOVATION, INC. IN THE AMOUNT OF $256,490.00 FOR THE CONSTRUCTION OF WILSON PARK POOL RENOVATIONS, APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY AND APPROVING A BUDGET ADJUSTMENT 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 #12-53 and authorizes a contract with Mid-America Pool Renovations, Inc. in the amount of $256,490.00 for the construction of Wilson Park pool renovations. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a ten percent (10%) project contingency. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 3rd day of July, 2012. APPROVED: B ATTEST: By:Qit a-' Cf" 4614? SONDRA E. SMITH, City Clerk/Treasurer 0 w 5 d w 0 0 0 City of Fayetteville, Arkansas Budget Adjustment Form V11.0425 Budget Year 2012 Division: Parks & Recreatigq- Department: Parks & Recreation Request Date 7/3/2012 Adjustment Number BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION ' $69,074 is requested in the Wilson Park Pool Renovations project submitted for City Council approval on July 3rd. 1`441464 Division He -d at y 1 1- 6- if-201Z, - £#udget I r Date e:449/1142/i4YL) partm Dae w 6-1f-2UZ Fi ce Director Date Ch of of a r Account Name Date Da e Prepared By: Reference: Budget & Research Use Only Type: A B C E General Ledger Date Posted to General Ledger Checked / Verified TOTAL BUDGET ADJUSTMENT Contract services Minor equipment Park improvements Park improvements Account Number 2250.9255.5315.00 2250.9255.5210.00 Initial Initial Increase / (Decrease) Expense Revenue 69,074 (1,173) Date 2250.9255.5806.00 (14,908) 2250.9255.5806.00 (42) Park improvements Professional services 2250.9255.5806.00 (699) 2250.9255.5314.00 (3,039) Park improvements 2250.9255.5806.00 (49,213) Date Project.Sub Number 08002. 1101 00006. 1 02013 . 1 05001 . 3 02014. 2 02027 . 2 02043 . 1001 EXHIBIT K:IPARKS1Wilson\Pool Renovation 20121cify council107-03-12‘13A for CC Meeting Wilson Park Pool Renovations 08002 20120703 1 of 1 Carole, Jones Stibrnitt 1 By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/312012 City Council Meeting Date Agenda Items Only Park Planning Division Action Required: Staff recommends a resolution approving Bid #12-53 between the City of Fayetteville and Mid-America Pool Renovation, Inc. in an amount of $256,490 with a 10% project contingency of $25,649 for a total project cost of $282,139 and approving a budget adjustment of $69,074 for the Construction of Wilson Park Pool Renovations. Parks Department $282,139.00 Cost of this request 2250.9255.5315.00 Account Number 08002.1.10.1 . Project Number Budgeted Item 253,065.00 Category / Project Budget 40,000.00 Wilson Park Improvements Program CategoryI Project Name Wilson Park Improvements Funds Used to Date Program / Project Category Name 213,065.00 Parks Development/PLDO SW Quad Remaining Balance Fund Name Budget Adjustment Attached 12 e a 1 irec f., Ci Attorney Fi a ce and Internal Services biro's' tor ‘—/C; 42. Date V57 Dte Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 06-15-12P12:43 RCVD Clerk's Office Received in Mayor's Office ENDED Comments: Revised January 15, 2009 antreville THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE 1 ARXANSAS www.accessfayettevilie.org CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director tp e Alison Jumper, Park Planning Superintendent p5 From: Carole Jones, Park Planner II Date: June 15, 2012 Subject: Bid #12-53, Construction of Wilson Park Pool Renovations Agenda Request for July 3, 2012 Meeting PROPOSAL: The Wilson Park Swimming Pool is the only municipal pool within the City of Fayetteville and had over 22,000 visitors in 2011 during the eight week summer season. The original Wilson Park Pool was built in the 1930s and has become a well recognized structure within the city over the last 80 years. The pool has undergone renovations at different times throughout its history with the most recent renovation occurring in 1997. The pool deck and interior pool surface are in visible need of repair and renovation. In the fall of 2010, Parks and Recreation contracted Garver Engineering to provide a structural analysis of the pool to determine a proper course of action for the aging structure. Based on the results of the analysis, Parks Staff, after consultation with the Parks and Recreation Advisory Board, determined that renovations and repairs to the structurally sound facility were the most cost effective way to continue to provide this popular amenity to the citizens of Fayetteville. The 2010 structural analysis recommended a complete resurfacing of both the pool deck surface and the pool surface along with repairs and renovations to the necessary areas. The project includes repair of cracks within the pool structure and surrounding deck, removal of the pool plaster interior and deck surface material, and replacement of the pool and deck surface. This project was approved as part of the 2012 CIP. Original construction cost estimates were based on a cement based plaster pool lining system similar to the existing pool surface. After further research, Garver (the design consultants) recommended a polymeric composite pool resurfacing system. Because of the existing structural and stress cracks throughout the pool structure and the fact that the pool is drained the majority of the year, the polymeric system is better suited. Cement based plaster systems are designed to be submerged during their life spans. Additionally, the polymeric system has a 15 -year warranty while typical plaster systems have a 5 -year warranty. The project was advertised on May 24 and 31, and bids were opened on June 13, 2012. Two vendors including Mid-America Pool Renovation, Inc. and USA Pools Construction, Inc. submitted bids. Mid-America Pool Renovation, Inc. was the low bid in the amount of $256,490. (See attached bid tabulation sheet.) If approved, the construction of the project is anticipated to begin in August and be completed in November 2012. THE CITY OF FAYETTEVILLE, ARKANSAS RECOMMENDATION: Staff recommends a resolution approving Bid #12-53 between the City of Fayetteville and Mid-America Pool Renovation, Inc. in an amount of $256,490 with a 10% project contingency of $25,649 for a total project cost of $282,139 and approving a budget adjustment of $69,074 for the Construction of Wilson Park Pool Renovations. BUDGET IMPACT: This project is funded with Parks Development Funds and Park Land Dedication (SW Quadrant) Funds. The cost of $213,065 is accounted for in project number 08002.1101- Wilson Park Improvements. The balance of $69,074 is included in the Budget Adjustment. Attachments: Staff Review Form Bid Submittal — Mid-America Pool Renovation, Inc. Certified Bid Tabulation Agreement Signed by Contractor Budget Adjustment Purchase Requisition RESOLUTION NO. A RESOLUTION AWARDING BID #12-53 AND AUTHORIZING A CONTRACT WITH MID -AMERICA POOL RENOVATION, INC. IN THE AMOUNT OF $256,490.00 FOR THE CONSTRUCTION OF WILSON PARK POOL RENOVATIONS, APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY AND APPROVING A BUDGET ADJUSTMENT 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 #12-53 and authorizes a contract with Mid-America Pool Renovations, Inc. in the amount of $256,490.00 for the construction of Wilson Park pool renovations. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a ten percent (10%) project contingency. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 3rd day of July, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 'ti:f• .X w'S .. , , •.• x;, :Tumour) .5r.w.: 7...;•:-t' \:_''�• n0.: 'YSa: .uN11RitlGF. pedenueirveryuare: 1/anawi Rama: Mkt-America Pool Renovation, Inc. fnau Yes:_ No: Melissa: -fob 5029 int 1541h Terrace Point: &sable •Quota YULE._ N0: Attached Yes: No: Grandview Gra State: `SbC010: ■l0 "Shprocoda: W030 � oval Requester- // Ji :Cero3sJurwa el Re:Neater'n employee W. 9x03 silo, aT7 4 6aern Description -Quantity _ -Unit M lam untt Cast -Extended GOA AcGpWrt Numbers :PnIlecV6ubkrolect # lrtwrxary0 ..-..Fixed Asset# 3 Construction or Wilson Park Pool iisno esPons Par Bid # 12.59 . 1 Lot 5266,490.00 5250,410.00 2250.4755.6313.00 06002.1101 , r - a r 3 n AR R 60.00 .. A r SOHO .• s 0 00.00 a 50.00 .. 50.00 T .. Is 56.00 \ i SOHO A .. 50.00 00.00 t Shippin®fl-leeoling Lot 50.00 'Special alsvuctona: ct Tax is included in Ora contract piece. • .4.. Subtotal: Tax: TOW: 0266.460 00 5254460.00 Approvals: Mayor: Fmonce DispatchManager-_ Department Directar. 'r Budget Manager: PurChating Manager. & Internal SeNiC00 Di[[ IT Manager! Utilities Manager. Oeear. DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: CONSTRUCTION OF WILSON PARK POOL RENOVATIONS Contract No.: THIS AGREEMENT is dated as of the day of 3 in the year 2011 by and M :o%-Amtrtcm. between The City of Fayetteville, Arkansas and t'.nl Rr„ 04lo•+hereinafter called Contractor). '11%4 ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: Project includes repair of cracks within the pool structure and surrounding deck, removal of pool plaster interior and deck surface material, and replacement of pool and deck surface at Wilson Park pool located at 675 N. Park Avenue. ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by GARVER who is here in after called Engineer. GARVER assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work will be Substantially Completed within 60 calendar days after the date when the Contract Times commence to run as provided in the 00500 - 1 Project No. 12047020 City of Fayetteville Wilson Park Pool Renovations DOCUMENT 00500 — AGREEMENT (continued) GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within 70 calendar days after the date when the Contract Times commence to run. 3.03 LIOUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of wo Fayetteville+1Hundred Fifty Dollars ($250.00) for each calendar day that expires after the time specified above in Paragraph 3.02 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 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville tTwa Hundred Fifty Dollars ($250.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. City of Fayetteville Wilson Park Pool Renovations 00500 - 2 Project No. 12047020 DOCUMENT 00500 — AGREEMENT (continued) 4.02 As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 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. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The 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 Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. City of Fayetteville Wilson Park Pool Renovations a. 95% of Work Completed (with the balance being retainage). 00500 - 3 Project No. 12047020 DOCUMENT 00500 — AGREEMENT (continued) b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 2. Upon Substantial Completion, The City of Fayetteville shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. 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, and furnishing of the Work. C. 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. City of Fayetteville Wilson Park Pool Renovations 00500 - 4 Project No. 12047020 DOCUMENT 00500 — AGREEMENT (continued) D. Contractor has carefully studied all: (1) 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; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer 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. E. Contractor has obtained and carefully studied (or assumes responsibility of 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, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing 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. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings 00500 - 5 Project No. 12047020 City of Fayetteville Wilson Park Pool Renovations DOCUMENT 00500 — AGREEMENT (continued) identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 00500 - 6 City of Fayetteville Wilson Park Pool Renovations Project No. 12047020 DOCUMENT 00500 — AGREEMENT (continued) 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Addenda numbers one (1) to 'Wo ( oL ), inclusive. 8. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. 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. City of Fayetteville Wilson Park Pool Renovations 00500 - 7 Project No. 12047020 DOCUMENT 00500 — AGREEMENT (continued) 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his 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. 8.04 SEVERABILITY: A. 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 The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. Seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. City of Fayetteville Wilson Park Pool Renovations 00500 - 8 Project No. 12047020 DOCUMENT 00500 — AGREEMENT (continued) 8.06 MATERIALMEN'S LIENS A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-501 through 508) prohibits the filing of any mechanics' or materialmen's liens in relation to this public construction project. Arkansas law requires and the Contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment of labor or materials on the bond. The Contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. OTHER PROVISIONS: Not Applicable. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf. City of Fayetteville Wilson Park Pool Renovations 00500 - 9 Project No. 12047020 DOCUMENT 00500 — AGREEMENT (continued) This Agreement will be effective on Effective Date of the Agreement.JA CONTRACTOR i% i i dl- me r i c. cA, Poo[ Retiot/cAA- en 1 In c By: 4 Title: frterbAlelLit (SEAL) WOO A+ dres 'or giving notices S'92 9 E fS�``' Teen, e von v4t' ' /1O Co `fo30 License No. =2.3,760 51 Z Agent for Service of process d�r,dtessFi/r„r�r, 2-42. i 481•174/ Ava• vest J. fr. yoga 4,W/, c.t AR !t xe/ (If Contractor is a corporation, attach evidence of authority to sign.) END OF DOCUMENT 00500 , 2011, which is the CITY OF FAYETTEVILLE Attest (SEAL) Address for giving notices tin Filo, � %G\1r. Y O;c• SG�'�: r • FAYETTEVILLE; V% NG TON C' !!!lfffi{Ikk:kkj°� (attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) Approved A . Form: By: Attorney For: City of Fayetteville 00500 - 10 Wilson Park Pool Renovations /fffr.ffe- F471/64/14- Project No. 12047020 File Number: 200325424405 Charter # X00540361 Date Filed: 08/25/2003 08:47 AM Matt Blunt Secretary of State CorporabonsMeissen P.O Box 7781600 W. Mohs Street, Ras 322 Jefferson City,MO 66102 Registration .of Fictitious Name (Submit in duplicate with filing fee of $7) (Most be typed or mud) This information is for the use of the public and gives no protection to the name being registered_ There is no provision in this Chapter to keep another person or business entity from adopting and using the same name. (Chapter 417, RSMo) The undersigned is doing business under the following name, and at the following address: p Business name to be registered: ` k o -/MER 1Q{ Ppm NoyAT( !hA 4 fi Business Address: (P.O Box alone not aoaeptahle) City, State and Zip Code: b(0 o',- Erik. 2224 h T rtrac e ?er 1i,►tavl Mo ( ()1'Z The parties having an interest in the business, and the percentage they own are (if a business entity is owner, indicate business name and percentage owned. Ilan parties am jointly and severally liable, percentage of ownership need not be listed): Street and Number If listed, Percentage otownership must equal City and State Zip Code 100% r - ov\c,E . lobe f. TcrE CL _ (O C j- _ „utA i air _ A I. 6v o1 In Affirmation thereof, the facts stated above are true: (The amigo' das that false statements made in this filing are subject Iodic penalties of a false declaration ander Section 575.060 RSMo 1986.) A LIA 7usz re 5 - JS`o3 (Printed aate) mate) (Authorize(Signature) (Printed Nome) (Date) • (Aurhortzedsignatare) Cap. 56 (8A92) (Printed Name) (Date) State of Missotni 10111M111111111111111111111111111 T0325116593 FOR OFFICIAL USE ONLY t Amount Nees initials: DOCUMENT 00400 —BID FORM Contract Name: Wilson Park Pool Renovations Bid Number 12-53 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: l �eaoy4-74/00) Ala -America, .40/ �9 z9 /s t )`l 7errace ran d i --e w, /'9D S03 S'/( 9 913-3 co (23-09.) -Z 7-3 vel ARTICLE 1 - INTENT 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2 - TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. City of Fayetteville Wilson Park Pool Renovations 00400 — I Project No. 12047020 DOCUMENT 00300 — DISCLOSURE STATEMENT City of Fayetteville Bid 12-53, Construction of Wilson Park Pool Renovations Statement of Disclosure (please submit with Bid) ATTENTION: Please submit this form with your bid. DISCLOSURE STATEMENT: Bidder must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Your response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain) PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR BID: 1.) 1, 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. 4441 E • fens Printed N City of Fayetteville Wilson Park Pool Renovations 00300-1 Project No. 12047020 Byron Humphry Submitted By Mid-America Pool Renovation, LLC City of Fayetteville Staff Review Form 2019-0685 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/11/2019 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Mayor's signature on change order with Mid-America Pool Renovation, LLC to install lane rope anchors at Wilson Pool. Budget Impact: 2250.520.9255.5804.00 Parks Development Account Number Fund 13001.1802 Wilson Park Improvements Project Number Project Title Budgeted Item? Yes Current Budget $ 4,900.00 Funds Obligated $ - Current Balance $ 4,900.00 Does item have a cost? Yes Item Cost $ 3,100.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 1,800.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # 137-12 Change Order Number: Approval Date: 3 -Jul -12 Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Jordan Don Marr, Chief of Staff THRU: Connie Edmonston, Parks and Recreation Director FROM: Byron Humphry, Park Maintenance Superintendent DATE: October 11, 2019 SUBJECT: Wilson Pool Change Order for Lane Rope Anchors STAFF MEMO RECOMMENDATION: Mayor's signature of change order with Mid-America Pool Renovation, LLC to install lane rope anchors at Wilson Pool. BACKGROUND: In January of 2013, Mid-America Pool Renovation, Inc. completed the installation of an Inter - glass pool liner at Wilson Park. The liner has a 15 -year warranty. This summer, a portion of the Inter -glass pool liner cracked and broke loose in the shallow end of the pool. Mid-America Pool Renovation company was contacted as outlined in the warranty document to make a claim on the warranty. It was decided that we would wait until the pool season was over and the pool was drained to make the repair. DISCUSSION: The Wilson Wahoo's are a swim team that partners with the Parks Department and practices at Wilson pool. They utilize the pool to swim laps across the short side of the pool. There are not enough lane rope anchors on the side of the pool to adequately accommodate the proper width of lanes. Parks Staff improvised a temporary solution, but the improvised attachment method makes it difficult for swimmers to make kick turns and gets easily disconnected. Permanent lane anchors are needed to properly and safely attach the lane ropes. The rope lanes are also needed for swim lessons that are taught at the pool. Mid-America is the only company that can install these lane rope anchors without voiding the current warranty. While they are in town to make the warranty repair on the pool liner, they have agreed to install the required number of anchors (8) for $3,100 and have agreed to process this as a change order to be covered within the existing 15 -year warranty. A PO request and Sole Source justification have been submitted to the Purchasing Department. Once the attached Change Order is signed by the Mayor and the PO Request is approved, the warranty repair work of the liner and the installation of the lane rope anchors will be scheduled. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The liner repair is covered within the warranty. The installation of the lane rope anchors will cost $3,100 and will come from budgeted Park funds. Attachments: Original Contract with Mid-America Pool Renovation, INC. 15 -Year Warranty document Change Order for Lane Rope Anchors PA CONSTRUCTION AGREEMENT CHANGE ORDER This is a CHANGE ORDER to the original AGREEMENT dated 10 October 2019 between "CONTRACTOR" Mid-America Pool Renovation, Inc., located at 5929 E. 154tH Terrace, Grandview, MO., 64030, and "OWNER", City of Fayetteville, Arkansas, located at 2049 E Joyce Blvd Suite 400, Fayetteville, AR 72703. OWNER shall pay .53 ,1100.00 for the completion of the work contemplated herein and described in detail below in this CHANGE ORDER: Drill and install Eight (8) Rope Anchors in the side walls of the Wilson Park Pool This CHANGE ORDER becomes part of the original AGREEMENT dated 3 July 2012, along with all the terms, covenants, warranties and conditions included within the original CONSTRUCTION AGREEMENT following execution of this CHANGE ORDER by both parties, CONTRACTOR and OWNER. Mid -A ic Ba Pool Renovation, Inc., CONTRACTOR E. Kateusz doporate c tary Date For Mid-America Pool Renovaaion, Xe Innc �V; Z ,� G o,s 2" PRINT NAME City of Foe L jgKeld Jordan For the Owneri , OWNER Date Craftsmanship Quality Care Mid-America 5929 154th Terrace ew, MO 64030 Grandview, POOL RENOVATION, Inc. 816.994.3300 Kansas City 773.778.7349 Chicago 636.537.0108 St. Louis 800.253.7349 Other Areas 816.994.3301 FAX 23 January 2013 poo Irenovation. com COMPLETE SWIMMING POOL Ms. Carole Jones, P.E. Park Planner II RENOVATION Fayetteville Parks & Recreation ■ Polymeric Composite 113 West Mountain Street Surface Systems Fayetteville, AR 72701 Madewell® Mainstay® Perma-Shield® RE: INTER-GLASS(g) & Texture Deck Warranties INTER -GLASS® Hydro Ester LV Coating Hi Carole, • New Pool Interiors INTER -GLASS® Attached are three 3 notarized and sealed copies of the INTER- P Re -Plastering Diamond Brite® GLASS® and Texture Deck warranties for Wilson Park. River Rok® Beadcrete® Some amendments were made to the wordings as suggested. Krystalkrete® These were originally sent down to you, Nathan and Dylan last ■ Deck Re -Surfacing week. Texture-Dek Kool Deck" Please let me know if you have any questions. ■ New Tile 100s of Patterns Depth & No Dive ■ New Coping Brick Cast Stone Concrete Bullnose • ■ Water Features ,incerely, Structural Repair Vld E. Ka sZ & Consultation -Amool Renovation, Inc. david@poolrenovation.com �.. AP3P rh.ASSOCIa6 f Pao/ B Spa Prolessimsls` National Plasterers OPW A�� wvrr. C O U N C I L i.` j INTERNATIONAL CONCRETE REPAIR I N S T I T U T E 0 T Craftsmanship Quality Care BBB. INTER -GLASS"" Mid-America Pool Renovation, Inc. LIMITED WARRANTY For a period of 15 years from the date of installation, the Wilson Park Pool is warrantied to the City of Fayetteville, Arkansas, who is the original purchaser of the INTER -GLASS® Reinforced Polymeric System pool surface. INTER -GLASS® is warranted against shrinkage cracking, tearing, flaking and leaking through the INTER -GLASS® surface, subject to following the INTER -GLASS® Care and Maintenance Instructions as well as the conditions, limitations and exclusions below. CONDITIONS Except as stated in Limitations and Exclusions, the obligation under this warranty will be to supply the INTER -GLASS® material and labor to make any needed repairs for fifteen years from the date of installation for no charge. Replacement water and pool chemicals associated with any downtime due to a Warranty condition will be reimbursed by Mid-America Pool Renovation, Inc. to the City of Fayetteville, Arkansas. LIMITATIONS AND EXCLUSIONS This warranty applies as long as the vessel remains structurally sound and intact. This warranty does not cover 1) any repairs, alterations, or modifications made by persons or entities other than Mid-America Pool Renovation, Inc., 2) any abuses whatsoever, including, but not limited to, accidental or deliberate acts, or abusive use of chemicals; 3) loss of water through plumbing lines, equipment or fixtures not directly associated with the applied surface; 4) damage to the pool surface caused by, but not limited to, vandalism, floods, ground water seepage or pressure resulting from closing or plugging off the hydro -static relief valve, or shifting, expansion or settling of soil, 5) any other acts of God or occurrences that the Contractor cannot control or reasonably be expected to be able to control. WARRANTY TRANSFER PROCEDURES This warranty is hereby issued to the person or persons named above, and is transferable only upon a written request. The Qualifications for a Warranty Transfer to a new owner to effect are: 1) An on-site inspection prior to sale completion, 2) A written report after inspection, 3) Handing over the INTER -GLASS® Care & Maintenance Instructions, a copy of the Limited Warranty, and any other pertinent reports on the pool to the new owner, and 4) Obtaining signature receipt of such materials from the new owner. The Fee for a Warranty Transfer is _*$500.00*_. NOTIFICATION - KEEP THIS WARRANTY In the event of any claim under this warranty, Contractor shall be notified in writing (email suffices notice) within ten (10) days of observing a perceived defect under the warranty conditions above. If not notified as stated, the claim made under this warranty shall`automaticall becomek� null and void with no further responsibility by the Contractor. Mat= M RA"j Notification shall be sent to: Mid-America Pool Renovation, Inc. 5929 E. 154x' Terrace Grandview, MO 64030 Installation Date: January 2013 Warranty Number: 410 - 2012 Nota Pu* Commissioned for Cass Comqt M Cooftsion Pkes: ar er03= ,, 2015 COMMMIM LN. &4W ,q a1-e3nnr y 22, 1013 Issued To: City of Fa tteville,-AR Parks & Recreation Address: 113 West Mountain St. Fayetteville, AR 72701 10/09 Mid-America Pool Renovation, Inc Texture Deck 5 -Year Limited Warranty There is a 5 -year limited warranty on the labor and materials issued to the City of Fayetteville, Arkansas for deck resurfacing at the Wilson Park Pool against any flaking, peeling, popping -off or excessive color change. This warranty only applies to the resurfacing product, and does not cover damage caused by defects in the concrete deck structure including structural or hairline cracks, damage such as heaving between concrete pads from seasonal freeze/thaw movement, vandalism, abuse, neglect, any acts of God, or occurances that the Contractor cannot control or reasonably be expected to be able to control. Consequential damages such as, but not limited to, down time, loss of revenue, etc., are not covered under warranty. Pre- existing conditions which may affect drainage off the deck, such as varying levels in the decking, or water puddling are not covered under this warranty unless such pre- existing conditions and remedies are expressly delineated and listed in a CONSTRUCTION AGREEMENT between CONTRACTOR and OWNER. Due to the inherent nature of natural materials, and hand applied and hand troweled techniques, some undulations in the substrate may be pronounced, as well as minor color variations may exist between sample chips or color charts and in and between areas of actual installation. WARRANTY TRANSFER PROCEDURES This warranty is hereby issued to the person or persons named above, and is transferable only upon a written request. The Qualifications for a Warranty Transfer to a new owner to effect are: 1) An on-site inspection prior to sale completion, 2) A written report after inspection, 3) Handing over the Texture Deck Care & Maintenance Instructions, a copy of the Limited Warranty, and any other pertinent reports on the pool to the new owner, and 4) Obtaining signature receipt of such materials from the new owner. The Fee for a Warranty Transfer is _*$500.00*_. NOTIFICATION - KEEP THIS WARRANTY In the event of any claim under this warranty, Contractor shall be notified in writing (email suffices notice) within ten (10) days of observing a perceived defect under the terms of this warranty. A copy of the original sales contract and a copy of this warranty must accompany the claim. If not notified as stated, the warranty may automatically become null and void with no further responsibility by the Contractor. Notification shall be sent to: Mid-America Pool Renovation, Inc.. 5929 E. 154h Terrace Grandview, MO 64030 Installation Date: January 2013 Warranty Number: 399 - 2012 MELISSA M. KATE11SZ Notary Public Commissioned for Cass County My Commisslon Expires: December 03, 2016 Commission Number: 1240520 * A JanuGil 22, 2 13 Issued To: City of Fayetteville, AR Address: Parks & Recreation 113 West Mountain St. Fayetteville, AR 72701 10/09 DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: CONSTRUCTION OF WILSON PARK POOL RENOVATIONS Contract No.: THIS AGREEMENT is dated as of the Y -day of�J to the year 20by and between The City of Fayetteville, Arkansas and f.ol Ra,.yj&hereinafter called Contractor). 1MG . ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: Project includes repair of cracks within the pool structure and surrounding deck, removal of pool plaster interior and deck surface material, and replacement of pool and deck surface at Wilson Park pool located at 675 N. Park Avenue. ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by GARVER who is here in after called Engineer. GARVER assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work will be Substantially Completed within 60 calendar days after the date when the Contract Times commence to run as provided in the City of Fayetteville 00500- 1 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00500 —AGREEMENT (continued) GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within 70 calendar days after the date when the Contract Times commence to run. 3.03 , LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville rwo Hundred Fifty Dollars ($250.00) for each calendar day that expires after the time specified above in Paragraph 3.02 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 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Hundred Fifty Dollars ($250.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. City of Fayetteville 00500-2 Project No. 12047020 Wilson Park Pool Renovations Akv DOCUMENT 00500 — AGREEMENT (continued) 4.02 As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 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. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The 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 Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). City of Fayetteville 00500-3 Project No. 12047020 Wilson Park Pool Renovations Em DOCUMENT 00500 — AGREEMENT (continued) b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 2. Upon Substantial Completion, The City of Fayetteville shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. 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, and furnishing of the Work. C. 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. City of Fayetteville 00500-4 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00500 —AGREEMENT (continued) D. Contractor has carefully studied all: (1) 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; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer 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. E. Contractor has obtained and carefully studied (or assumes responsibility of 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, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing 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. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings City of Fayetteville 00500-5 Project No. 12047020 Wilson Park Pool Renovations KI DOCUMENT 00500 — AGREEMENT (continued) identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. City of Fayetteville 00500-6 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00500 — AGREEMENT (continued) 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Addenda numbers one (1) to (�, inclusive. 8. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. 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. City of Fayetteville 00500-7 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00500 — AGREEMENT (continued) 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his 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. 8.04 SEVERABILITY: A. 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 The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. Seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. City of Fayetteville 00500-8 Project No. 12047020 Wilson Park Pool Renovations 4;)Y- DOCUMENT 00500 — AGREEMENT (continued) 8.06 MATERIALMEN'S LIENS A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-501 through 508) prohibits the filing of any mechanics' or materialmen's liens in relation to this public construction project. Arkansas law requires and the Contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment of labor or materials on the bond. The Contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. OTHER PROVISIONS: Not Applicable. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf. City of Fayetteville 00500-9 Project No. 12047020 Wilson Park Pool Renovations M, DOCUMENT 00500 — AGREEME N T t ('continued) This Agreement will be effective on J 1) , 20 l2, which is the Effective Date of the Agreement. CONTRACTOR ^ �- A M e r i c. cA Pool 111 C. By: Title:_Q,d� OAK /1 (SEAL) Attest A dress or giving notices S9 -Z of E 15-1*6 Teer-cc (Tva•- d fiew mol (i y030 License No. 0 C21, 31F -57 Z Agent for Service of process Ar, ess Zad .ate -�west s �. ff9ov dims'/P �Oc•t'. AR 'JL z s/ (If Contractor is a corporation, attach evidence of authority to sign.) END OF DOCUMENT 00500 CITY OF FAYETTEVILLE (SEAL) Attest Address for giving notices `��•``��RWTR,�s�,,�� • ;t" : FAYETTEVILLE: �• . A- AA J�� '111, TON (attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) Approved A Form: By: Attorney For: City of Fayetteville 00500- 10 Wilson Park Pool Renovations Project No. 12047020 File Number: 200325424405 Charter # X00540361 Date Filed: 08/25/2003 08:47 AM Matt Blunt Secretary of State Corporations P.O. Bar 778 / 600 W. MaFn Street, Rm 322 Jefferson City, MO 65102 Registration of Fictitious Name (Submit in duplicate with filing fee of $'n (Must be typed or printed) This information is for the use of the public and gives no protection to the name being registered. There is no provision in this Chapter to keep another person or business entity from adopting and using the same name. (Chapter 417, RSMo) The undersigned is doing business under the following name, and at the following address: j rp Business name toberegistered: �Am-11/- M �Q,V�,f 1`� `Vti\r T�C�i (rVi Business Address: br1 0 i F-ASk 2204 h j Pit' c e (P.O. Box alone not aooeptable) d City, State and Zip Code: The parties having an interest in the business, and the percentage they own are (if a business entity is owner, indicate business name and percentage owned. If all parties are jointly and severally liable, percentage of ownership need not be listed): U listed, Percentage Name of Owners, of ownership In . 'dual or must equal usiness Entity Street and Number City and State Zip Code 100% ACu lI (ff, A D- (v `{ of In Affirmation thereof, the facts stated above are true: ~ (Phe nndasigned deutan that false statement made m thio £ding arc subject to the pcoaltics of a false declaration under Section 575.060 RSMo 1986.) A LLL 5 N t -ATC- S Z, f rC S S - IS -03 (Authorized Signanue) (Primed Name) (Date) (Authorized Sig?=7r) (Primed Name) (Date) State of Missouri FOR OFFICIAL USE ONLY Fictitous Creation 1 Page(s) Check _- Illllllllllllllllillllllllilllllllllllllllllllllllliillilllllllll ��i Corp- 56 (8/02) ni�: T0325116593 DOCUMENT 00400 —BID FORM Contract Name: Wilson Park Pool Renovations Bid Number 12-53 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: 41-0el-'1 C / Gi. �"�2! �G� �1 D ✓�L iv, 0V) ..1- /►C . s9 zg Gr,zndy'lLo , 690 66/030 8/( 9 9V 33 o D 0 -253 73119 ARTICLE 1 - INTENT 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2 - TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. City of Fayetteville 00400-1 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00300 - DISCLOSURE STATEMENT City of Fayetteville Bid 12-53, Construction of Wilson Park Pool Renovations Statement of Disclosure (please submit with Bid) ATTENTION: Please submit this form with your bid. DISCLOSURE STATEMENT: Bidder must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Your response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES T 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: l .) 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. yiy �. JK' fell,$ Z Printed N e ne City of Fayetteville 00300-1 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00400 —BID FORM (continued) ARTICLE 3 - OUALIFICATIONS AND RESPONSIBILITY OF BIDDERS 3.01 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after bid opening, upon City of Fayetteville's or Project Manager's request, detailed written evidence such as financial data, present commitments, and other such data as may be called for. Each Bid must contain evidence of Bidder's qualification to do business in the State of Arkansas. ARTICLE 4 - BIDDER'S REPRESENTATIONS 4.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date -,/. Z B. Bidder 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, and furnishing of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws i and Regulations that may affect cost, progress, performance, and furnishing i of the Work. D. Bidder has carefully studied all: (1) 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 City of Fayetteville 00400-2 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00400 -BID FORM (continued) at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or 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 be employed by Bidder and safety precautions and programs incident thereto. F. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H. Bidder has correlated the information known to Bidder, information and ! I 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. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. City of Fayetteville 00400-3 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00400 —BID FORM (continued) J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. L. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. ARTICLE 5 - BID PRICE Bidder will complete the Work in accordance with the Contract Documents for the following price(s): IN NO CASE SHALL THE AMOUNT BID FOR THE ITEM OF "MOBILIZATION" EXCEED 5% OF THE TOTAL CONTRACT AMOUNT FOR ALL OTHER ITEMS LISTED IN THE BID FORM. City of Fayetteville 00400-4 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00400 —BID FORM (continued) ITEM SPEC. UNI ESTIMATED UNIT NO. REFERENCE DESCRIPTION T QUANTITY PRICE TOTAL 1 SPI Pool Liner LS 1 4<10 2 SP2 Deck Surface LS 1 0 G sb 3 SP3 Concrete Deck Repairs SF 1000 Al Z y(r o v 4 SP4 Insurance and Bonding LS 1 3-0/0 �% 3 �19 cD 5 SP5 Mobilization (Shall not exceed 5% total bid) LS 1°O f3, D �3�� 01-1-1 6 SP6 of Pool Ladder EA oZ+2 9 QQL/� 0.� �I'� QD 69� 7 SP7 Fence LF 93 TOTAL AMOUNT BID $02,5�1039D ARTICLE 6 - CONTRACT TIMES 6.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. EXPERIENCE OF BIDDER: The Bidder states that he/she is an experienced Contractor and has completed a minimum of five (5) projects of similar size and scope within the past five (5) years. List similar projects with types, names of clients, construction costs and references with telephone numbers. Use additional sheets if necessary. Failure to fully complete this section may result in rejection of the Bid. City of Fayetteville 00400-5 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00400 —BID FORM (continued) Po'e�f 1�is��res f,�t�ac�iecl� Y ARTICLE 7 - BID CONTENT 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a certified or bank cashier's check or a Bid Bond and in the amount of a Do ars ($ ). B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. ARTICLE 8 - COMMUNICATIONS 8.01 Communications concerning this Bid shall be addressed to the Bidder as follows: David E- 161-eysz Ami e r iCa f ao l /C e no ya, //Oi?, .ZhC - .�"9 Phone No. FAX No. a /O ,( ARTICLE 9 - TERMINOLOGY 9.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will havethethe meanings assigned to them. SUBMITTED on & ✓/-Ae , 20IZ— Arkansas State Contractor License No. O 02 3 % 00 402 City of Fayetteville 00400-6 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00400 —BID FORM (continued) is: (type or printed): 0 's Signature) Doing busiss as Business addre : Phone No.: FAX No.: A Partnership Partnership Name: (SEAL) By: (Signatuf o eneral partner attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: FAX City of Fayetteville 00400-7 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00410 — BID BOND (continued) Signed and sealed this /'4 day of �n 20) ?, PRINCIPAL (CORPORATE SEAL) / ' L I �i • '4 I., i• By SURETY ATTORNEY-IN-FACT (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) END OF DOCUMENT 00410 q (CORPORATE SEAL) City of Fayetteville 00410-2 Project No. 12047020 Wilson Park Pool Renovations . A r;, %� By SURETY ATTORNEY-IN-FACT (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) END OF DOCUMENT 00410 q (CORPORATE SEAL) City of Fayetteville 00410-2 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00430 — LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for WILSON PARK POOL RENOVATIONS. Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name Expected Percentage and Address or Value /✓v sd �coh 7��ae7Lo�s �� ehc%� �lSe NOTE: This form must be submitted in accordance with the Instructions to Bidders. Bidder's Signature END OF DOCUMENT 00430 City of Fayetteville 00430-1 Project No. 12047020 Wilson Park Pool Renovations LM n , File Number: 200325424405 •rb�Charter # X00540361 a , Date Filed: 08/25/2003 08:47 AM Matt Blunt S Secretary of State m - T �N P.O. Bo 600 W. Mnto Street Rm 322 Jefferson Ctq, . I�2 Registration .of Fictitious Name (Subcail in diplicalc with fil ng fee of V) This information is for the use of the public and gives no protection to the name being registered. There is no provision in this Chapter to keep another person or business entity from adopting and using the same name. (Chapter 417, RSMo) The undersigned is doing business under the following name, and at the following address: �A r Business name to be registered: '" flQr`�/-1 %► ��- ' 1y"��`'A-Ml Business Address: F 009 EQ k 229"h ftfriCe (PA. sox gone not ameptablc) p City, State and Zip Code: l Q (' 1. i \ Q f M0 (0 / The parties having an interest in the business, and the percentage they own are (if a business entity is owner, indicate business name and percentage owned. If all parties are jointly and severally liable, percentage of ownership need not be listed): If listed, Percentage Name of Owners, of ownership In dual or must equal usiness Entity Street and Number City and State Zip Code 100% 1"1tc�t�Q�i �[� fooY1�Yafi0V1 p u1� 1�_Mp- & `{ of ex-friorm—ation thereof, the facts stated above are true: (Phe undersign den that fate statements made m flog filing ac subjool o thedc penalties of a false clwatim under Section 375.060 RSMO 1996.) ~��tir AeUsy�sz res rue J (Punted ane) (Dau) 0 ) (Printed Name) (Printed Na e) (Date) State Of Missouri FOR OFFICIAL USE ONLY Fictitous Creation 1 Page(s) Check" I lilillllllllllllllllll�liilllllllllllllllllllllllllllllllllll � Initials: �p 56 (102) II ____ DOCUMENT 00410 — BID BOND KNOW A-� L MEN BY THESE PRESENTS: that we ' RID -AMERICA POOL RENOVATIONS, INC. -5929 E. 154TH TERRACE GRANDVIEW, MO 64030 as Principal, hereinafter called the Principal, and BERKLEY REGIONAL INSURANCE COMPANY 11201 DOUGLAS AVENUE URBANDALE, IA 50322 a,cdrp'okatioa duly organized under the laws of the State of Arkansas as Surety, hereinafter called 5tarety are:41d and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the sum of FIVE PERCENT OF AMOUNT BID Dollars ($ 57 ), for the payment of which sum, well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted a Bid for WILSON PARK POOL RENOVATIONS NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shal l enter into a Contract with the Owner in accordance with the terms of such Bid, and give such Bond or Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the. event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. City of Fayetteville 00410-1 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00410 — BID BOND (continued) Signed and sealed this 13TH day of JUNE 20_12• PRINCIPAL (CORPORATE SEAL) 0. . I � t ► - m (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) END OF DOCUMENT 00410 (CORPORATE SEAL) City of Fayetteville 00410-2 Project No. 12047020 Wilson Park Pool Renovations No. 781 POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, CU has made, constituted and appointed, and does by these presents make, constitute and appoint: George R. Donnelly, Erle Benton, bKarra McGreevy or Kelly Watson of Cretcher Heartland, LLC of Overland Park, KS its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 y U.S. Dollars (U.S.$50,000,000), to the same extent as if such bonds had been duly executed and acknowledged by the regularly c elected officers of the Company at its principal office in their own proper persons. co This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, E without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: .7 y "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and p qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations : > on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; W and further o RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, 3 or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the °c 'P manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and `G further ° RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 72 = power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or L to other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any y 3 person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." oIN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its b = corporate seal hereunto affixed this A day of l�La.yc /j , 2011. b := c Attest: / de3-Regional Insurance Company 0 2 ox � (Seal) By 1 B . Ira S. Lederman a .Hafter F Senior Vice President & Secretary Tenjor ice President Z' do WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER 15 °n STATE OF CONNECTICUT) o ) ss: •� COUNTY OF FAIRFIELD ) Swom to before me, a Notary Public in the State of Connecticut, this 3 day of Mem cam, 2011, by Jeffrey M. Hafter and oIra S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of w Berkley Regional Insurance Company. EILEEN fCILLEEN NOTARY PUBLIC T my=ImISSIONEXPIRES JUNE 30,2012 Notary Public, State of Connecticut o CERTIFICATE 1, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked z or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. 3 S Given under my hand and seal of the Company, this 13TH day of JUNE A 2012 (Seas) And�Tu�ma,/ Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group, LLC is the affiliated underwriting manager for the surety business of: Acadia Insurance Company, Berkley Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union Insurance Company. To verify the authenticity of the bond, please call (866) 768-3534 or email BSGInquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group, LLC 412 Mount Kemble Avenue Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or email BSGClaim@berkleysurety.com Please include with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please idntify the project to which the bond pertains. DOCUMENT 00410 — BID BOND /4'f —/—a C KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of Arkansas as Surety, hereinafter called Surety, are field and finely bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the sum of Dollars (S ), for the payment of which sum, well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted a Bid for WILSON PARK POOL RENOVATIONS NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such Bid, and give such Bond or Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. City of Fayetteville 00410-1 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00400 -BID FORM (continued) A Corporation Corporation Name: I-V/a•,l — A werlCGt. !OD/ /1 L°/✓? �` ,� �/ —�+L. State of Incorporation: /sem or; Type (General Business, Professional, Service, Limited Liability): fie- sr/r��itio . DPnr�va,7ii�r/ . /� E V By: (Signature — attach evidence of authority to sign) Name (type or printed): QTe V �Z--- Title: Pie 6S I JD E N' 1 r (CORPORATE SEAL) Attest: C• Coll (Si— gnature of Corporate Secretary) Business address: J _.7 • /,57 6 rand ol;&Ao - Phone No.: S -3D 0-,0aj zsA 7_TW END OF DOCUMENT 00400 OlG D�Smr /n G FAX No.: 30� City of Fayetteville 00400-8 Project No. 12047020 Wilson Park Pool Renovations