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HomeMy WebLinkAbout137-12 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 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 erne _.3r 2O/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 and Regulations that may affect cost, progress, performance, and furnishing 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. B. 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 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. 1. 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 I SP1 Pool Liner LS I fi/-Wv 2 SP2 Deck Surface LS i P �, .c 3 SP3 Concrete Deck Repairs SF 1000 *YAr a 0� . a, p 4 SP4 Insurance and Bonding LS 1 j,4 5 SP5 Mobilization (Shall not exceed 5% of total bid) 6 SP6 Pool Ladder 7 SP7 Fence LS 1 eO EA 9 41 # aZOt?J LF 93 ,7/ TOTAL AMOUNT BID $ ,.S'4_ ',4'o DO 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) rvoe,f #,t rtes /4*c4 7 - 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 d 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: & vi d E. iafeLSZ.. ,� A%'aL ` ,i, a r' IGu /D 1W Ya.//O/?, Inc Q 2 g I$Y 7ih. Gm,iIvlc9lC), a 4/030 Phone No. 8/lo Q Jf"too) c2S3 7s 9 FAX No. FI 9 7 ARTICLE 9- TERMINOLOGY 9.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. SUBMITTED on /l 74e „ 20 Arkansas State Contractor License No. O 3 17 d0 £/ City of Fayetteville 00400-6 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00400 -BID FORM (continued) :r is: dividual e (type or printed): By: Doing busi ss as Business addre : Signature) Phone No.: \ FAX No.: A Partnership Partnership Name: — By: ifI\ (Signatu o ene Name (type or printed): Business address: Phone No.: partner \attach evidence of authority to sign) FAX City of Fayetteville 00400-7 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00410 — BID BOND (continued) Signed and sealed this day of a 201&. PRINCIPAL (CORPORATE SEAL) P 1/S orIy ZRCC - SURETY By ATTORNEY -IN -FACT (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 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 S con trac ors ,�9ha1&' 15r jJse 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 File Number 200325424405 b t � �, Charter # X00540361 Date Filed: 08/25/2003 08:47 AM i Matt Blunt Secretary of State ra ,show tet,tszz JetfersneClty, Registration of Fictitious Name tsubmil a' dupIk 1C WAh fling fee of $7) This information is for the use of thepublfc and gives no protection to the name being registered. There is no provision in this Chapter to keep another person or business entity from adopting and using the same name. (Chapter 417, RSMo) The undersigned is doing business under the following name, and at the following address: Business name to be registered: - (a BusinessAdilress: k p.h� e (PLO. Box atencnot • ) City, State and Zip Code: k iftiIMC) The parties having an interest in the business, and the percentage they own are (if a business entity is owner, indicate business name and percentage owned. If all parties are jointly and severally liable, percentage of ownership need not be listed): If listed. Percentage Name of Owners, of ownership In dual or most equal nines" Entity Street and Number City and State Zip Code 100% thereof, the facts statedabove are truer r xstsndt_thd fate atatneab made at Qde fitnig ate anbjcct to am MUM- of a Sthe dcd>nstioa under Section 575.060 Emmo 1956.) -is } State of wa.� IWI�III�S�flIYII FOR OFFICIAL USE ONLY checko Aa'cunL Iitees tnitish: DOCUMENT 00410 — BID BOND KNOW ALL MEN BY THESE PRESENTS: that we gID-AMERICA POOL RENOVATIONS, INC. 52.9 E. 154TH TERRACE GRANDVIEW, NO 64030 as Principal, hereinafter called the Principal, and BERKLEY REGIONAL INSURANCE COMPANY 11201 DOUGLAS AVENUE URBANDALE, IA 50322 aoatros► duly organized under the lavers of the State of Arkansas as Surety, hereinafter called rety„Yareld and firmly bound unto C;iy of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the sum of FIVE PERCENT OF AMOUNT BID Dollars ($. 5% ), 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 goad 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 13UI day of uNE 20j. PRINCIPAL By (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) END OF DOCUMENT 00410 (CORPORATE SEAL) (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 N. 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, • has made, constituted and appointed, and does by these presents make, constitute and appoint: George R. Donnelly, Erie Benton, Karra 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 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 elected officers of the Company at its principal office in their own proper persons. a p This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, 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: y S "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and 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; i and further 2 RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, 0 n or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the Q. = 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 further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or L m other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as i though manually affixed, The Company may continue to use for the purposes herein stated the facsimile signature of any 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." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its .0 corporate seal hereunto affixed this ?$day of , 2011. Attest: dey-Regional Insurance Company U (Seal} Bye l B Ira S. Lederman e . Hafter Senior Vice President & Secretary enior ice President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) 2 Sworn to before me, a Notary Public in the State of Connecticut, this _ day of , 2011, by Jeffrey M. Hafter and •a Ira S. Lederman who are sworn to meta be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance Company. EILEEN KILLEEN NOTARY PUBl IC r act ? T MY COMMISSION EXPIRESJUNE*201I Notary Public, State of Connecticut 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 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. Given under my lid and seal of the Company, this 13TH day of ,TUNE 2012 (Seal) T=a 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 BSGlnquiry@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 BSGCIaim@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 id•ntify the project to which the bond pertains. DOCUMENT 00410 — BID BOND KNOW ALL MEN BY THESE PRESENTS: that ( 4 e 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 held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the sum of Dollars ($ ), 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: x/el — ATeriCo. a iL m `,%,iJ Z State of Incorporation: /*5 ti Type (General Business, Professional, Service, Limited Liability): e- syr ei E a'4izircci' sw•ar,riM By: (Signature — attach evidence of authority to sign) Name (type or printed):.4L i. t S'fl j ) 4Te U �-z__ Title: (CORPORATE SEAL) Attest: e• (Signature of Corporate Secretary) Business address: 572 9 e. /359 rand 'd e*) M1L 6 9 JZ Phone No.: .'3O FAXNo.: e) a,s'A 7•s END OF DOCUMENT 00400 City of Fayetteville 00400-8 Project No. 12047020 Wilson Park Pool Renovations MCKEE FOODS COMMUNITY POOL (LITTLE DEBBIE CAKES) CHATTANOOGA, TENNESSEE COMPLETION: 2008 RENOVATION PLAN "How it was done" Core drill and Schmidt Hammer testing determined that the pool was structurally sound for renovation. The deteriorating brick coping and unglazed tiling were mechanically removed. Abrasive blasting (coal slag) was used to remove the remaining pool paint and the various deposits from the pool surface. Several hydrostatic relief ports were drilled through the pool shell to offer relief to subsurface water while the pool was drained. These same ports would serve to offer relief in the future when the pool is PROJECT ASSESSMENT "What needed to be done" This large shot-creted pool was affected by numerous structure cracks created largely by the effects of hydro- static pressure and poor construction practices. Built on a clay base with no gravel bedding and a lack of hydrostatic relief ports, subsurface water had no routes of escape. Numerous cracks and voids were created from this pressure in various areas of the pool. While the pool was drained, water bled through the cracks from underground, and while full, pool water leaked out through those same cracks in the pool shell. Rust bleeds from chemically treated water touching the reinforcement steel, as well as calcium and ettringite deposits were evident throughout the pool surface. The brick coping, un-glazed waterline tiling and `paint over plaster' pool surface were all in a state of degradation. drained periodically for cleaning. Up to 4 - diaphragm pumps were used at one time to control and remove subsurface water and relieve pressure on the pool shell during renovation. Structure cracks were sealed with a high-grade epoxy and permanently sealed with the InterSteel Crack Repair method. Following placement of new frost - proof waterline tiling and a pour in situ coping, the entire pool received the INTER -GLASS® Reinforced Composite System. SAMPLE PICTORIAL SEQUENCE ON BACK OF THIS PAGE Mid -America POOL RENOVATION, Inc. MCKEE FOODS COMMUNITY POOL (LITTLE DEBBIE CAKES) CHATTANOOGA, TENNESSEE PROJECT SPECIFICATIONS: TOTAL SQ. FT.: POOL SHAPE: TYPE OF CIRCULATION: TYPE OF CONSTRUCTION: TYPE OF FINISH AFTER RENOVATION: 5,585 w/KIDDY POOL RECTANGULAR w/L DEEP END SKIMMERS SHOT -CRETE INTER -GLASS° Mid America POOL RENOVATION, Inc. DAVENPORT COUNTRY CLUB DAVENPORT, IOWA COMPLETION: 2010 RENOVATION PLAN "How it was done" The first course of work in this project was to remove layers numerous layers of pool paint from the surface. This was followed by cutting off the top of the pool walls to accommodate new stainless steel gutters, and excavation for new main drain sumps and circulation lines. Part of the shallow end wall was cut out for off -set entry steps so as not to interfere with the pool's racing lanes during competitions. Due to the pool's unusual depth, two sets of scaffolding had to be used during sandblasting and re -surfacing. A sectioned PROJECT ASSESSMENT "The Objectives" The project objectives for the Davenport Country Club pool were four -fold. The pool circulation lines were undersized. New VGB commercial standards required larger diameter suction and return lines. New main drain sumps were required, along with a new filter system. The pool suffered from extensive structure cracks across the entire shallow end, and a patched - looking, peeling and chalking painted finish. The pool also needed an entry set of steps. gutter grating and support system was designed for installation over the gutter channel. Such a system would now allow periodic inspections of the gutter, plus safety and comfort to the swimmers. Frost -proof racing lane, target and depth transition tiling was added onto the pool. Structure cracks were filled with a high- grade epoxy and permanently sealed with the InterSteel Crack Repair method using Kevlar® (by Dupont), and the entire pool received the INTER - GLASS® Reinforced Composite System. Pictorial Sequence on Back Page Mid -America POOL RENOVATION, Inc. DAVENPORT COUNTRY CLUB DAVENPORT, IOWA PROJECT SPECIFICATIONS: Total Sq. Ft. 7,714 inc. Kiddy Pool Pool Shape: CIRCULATTION SYSTEM: 6-36" SAND FILTERS S/S GUTTERS TYPE OF CONSTRUCTION: FORMED & POURED CONCRETE FINISH: INTER -GLASS Mid -America POOL RENOVATION, Inc. TOWN OF RIDGEFIELD RIDGEFIELD, CONNECTICUT COMPLETION: 2010 RENOVATION PLAN "How it was done" Members of the Town of Ridgefield Council investigated options for resurfacing their aging, previously re -plastered swimming pool. The goal was to identify the longest - lasting, best process for their heated, indoor pool. They visited similar projects within their vicinity and as far away as Pennsylvania and Ohio in order to personally see installations in use. After the investigation was complete, the Building Maintenance Manager of the Town of Ridgefield submitted a recommendation to the Town Council. The recommendation was for the INTER -GLASS Reinforced Composite System. During a large public hearing and vote, the Town Council unanimously accepted the recommendation. PROJECT ASSESSMENT "What needed to be done" Pool chemicals and heated water had taken their toll on the cement -based surface of the indoor community swimming pool of the town of Ridgefield, Connecticut. Swimmers were tolerating a stained, rough and deteriorating pool surface. Numerous pop - offs had occurred on the pool with visible patches everywhere. A patched structure crack was visible across the shallow end of the pool. The community began a vigorous fund-raising effort. Within a year the funding was acquired through the joint efforts of the local community and the Town Council. The project was publicly bid. The project included the INTER- GLASS' Reinforced Composite System for the pool interior, and new ceramic tile racing lanes and targets. Mid -America Pool Renovation, Inc. was awarded the work. Mid -America dedicated two experienced crews to the project, and the contracted work was finished on schedule, in just one week. When complete, the pool performed better and looked more beautiful than new. Mid -America POOL RENOVAflON, Inc. TOWN OF RIDGEFIELD RIDGEFIELD, CONNECTICUT PROJECT SPECIFICATIONS: TOTAL SQ. FT.: 5,430 POOL SHAPE: RECTANGULAR WITH RACING LANES TYPE OF CIRCULATION: CONCRETE GUTTERS WITH GRATES TYPE OF CONSTRUCTION: SHOT -CRETE TYPE OF INTERIOR FINISH: INTER -GLASS® AFTER RE -SURFACING Mid -America POOL RENOVATION, Incc ANNE ARUNDEL COMMUNITY COLLEGE ARNOLD, MARYLAND COMPLETION: 2009 RENOVATION PLAN "How it was done" The first order of business on this project was to prepare the surface by removing all remaining grout and mortar left from the previous tile surface. Next an area of wall was removed in order to make way for the new steps, and the deep end floor was demolished in order to allow new main drain sumps and plumbing. Once the new steps were poured and the main drains had been inspected and encased, the existing gutters were modified to function with the new steps. The existing gutter was washed with low concentration nitric acid and polished. Sections of the deck were removed and new conduit, niches and lights were installed. PROJECT ASSESSMENT "What needed to be done" Although this pool bad been leaking for years, failure of its cast iron main drain line, which flooded the below -grade equipment room, forced a renovation. All existing tiling in the pool and deck was removed in order to assess the condition of the structure. Several large structural cracks needed repair, as well as 25 -foot sections of rebar that had corroded to the point that the Project Engineer specified removal and replacement. In addition to the addressing the structural needs of the pool, a portion of the pool wall was to be modified for the addition of entry steps, all 16 -existing pool lights, housings and conduits were to be removed and replaced, and a UV sanitizing unit was to be installed to minimize chemical use and odor. New 1" X 1" tiles identical to those in the original construction were installed. High-pressure epoxy injection was used to repair the structural cracks, new rebar was installed, primed with a zinc -based coating to inhibit rust, and encased in epoxy mortar. To fully seal the pool structure, the Hydro Ester Protection System by Fox Industries was applied to the entire surface. 1"xl" tile was then applied to the entire pool surface. A medium pressure UV filter system was installed to work in concert with the existing filtration system. Deck tile was installed using standard cement - based materials. The pool was filled and started, and is currently leak free and operating beautifully. wwJ Mid -America POOL RENOVATION, Inc. ANNE ARUNDEL COMMUNITY COLLEGE ARNOLD, MARYLAND COMPLETION: 2009 PROJECT SPECIFICATIONS: TOTAL SQ. FT.: POOL SHAPE: TYPE OF CIRCULATION: TYPE OF CONSTRUCTION: TYPE OF FINISH AFTER RENOVATION 10,071 POOL & DECK RECTANGULAR s/s GUTTERS CONCRETE TILE Mid -America POOL RENOVATION, Inc. CITY OF MISSION, KANSAS MISSION, KANSAS COMPLETION: 2008 RE -SURFACING PLAN "How it was done" Pebblecrete was the choice for the new surface. Re- surfacing with Pebblecrete results in a thicker surface coating than re -plastering with pool plaster or Diamond Brite. The expected thicker new coating demanded deeper and wider removal of the existing pool plaster around waterline tiling, pool lights and other orifices. Brush blasting was used to remove the spalled and PROJECT ASSESSMENT "What needed to be done" Large indoor pool complex originally surfaced with white pool plaster. Heat in combination with chemically treated water yellowed the surface and deteriorated the smooth finish. The rough, spalling surface took its toll on swimmers, especially children's feet. After years of draining, (repeated cycles of drying and wetting), cleaning and acid washing, the pool surface started to experience adhesion problems and a series of pop -offs developed. weakened top layer surface finish, followed by high- pressure water blasting (>5000 psi). Mechanical removal of the existing plaster from the tile line and other fixtures extended to a depth of 6-8". Following cleaning and high-pressure water blasting, SGM bond coat was applied throughout the pool shell followed by a new, mist -cured Pebblecrete surface. SAMPLE PICTORIAL SEQUENCE ON BACK OF THIS PAGE Mid America POOL RENOVATION, Inc. CITY OF MISSION, KANSAS MISSION, KANSAS PROJECT SPECIFICATIONS: TOTAL SQ. FT.: POOL SHAPE: TYPE OF CIRCULATION: TYPE OF CONSTRUCTION: TYPE OF FINISH AFTER RENOVATION 5,780 RECTANGULAR, LAZY RIVER, ZERO -DEPTH WALK -IN SKIMMING, TILED CONCRETE GUTTER SYSTEM SHOT -CRETE PEBBLECRETE Mid America POOL RENOVATION, Inc. Commercial Ladders `? II STANDARD (LF) ' V Ladder frames are made of 1.90" O.D.x . 065 . wall 304 stainless steel tube with a polished and bu1₹ed finish. All bends are 6" radius. Ladder frarnesshall • extend from pool wall 6 1/2. • Upper ends of ladder frames are. fastened to the pool deck with two anchor sockets on 20" centers. Lower •l ends of ladder frames are bent to meet pool wall and fitted with two white rubber bumpers. Standard Ladder CROSS BRACE (LFB) • Cross brace is continuously welded to front and rear • legs. All welds, sharp corners and edges are ground smooth and polished to a mirror finish after • fabrication. TREADS (LTDF-103( Stainless steel elite frame steps with black. non-skid inserts,LTDF-1O3 re: NOTES: ORDER ESCUTCHEON PLATES AND ANCHOR SOCKETS • SEPARATELY. SEE PAGES 69-71 FOR OPTIONS, AVAILABLE IN 316LSTAINLESS STEEL UPON REQUEST. (ADD "-MG" TO MODEL NO.) 1.5" O.D. LADDERS ARE AVAILABLE UPON REQUEST C ss Brace Ladder Se® page 147-148 for product specifications P 9 P p.:' STANDARD (LF) CROSS BRACE (LF LF 24 3$' 3 -Step 4"Ladder 321bs LF-244C #Step 2 ••1 -adder 36 tlbs LF -Z4 5D- Step 2A" Ladder 40 lbs LF30 2pr: 2Step 30" Ladder 33 lbs [ IF 30 35, 3 -Step 30,Ladder 38 lbs LF-30-4C -Step $U" Ladder 47 lbs LF.30 5D 5 Step 3fl' Ladder 47. lbs LF-35 A:. 2 -Step 36" Ladder 40 lbs LF-36-3B 3 tep 36" Ladder 45 lbs, LF46 4G 4 4 -Step 3f"Ladder 50 lbs — LF 36-5D 55tep..36" Ladder 55 lbs. " '4-w Step •r Ladder. 3 1br: 4.3B 3 Step 4"Ladder 3$ ts: 4.4t 4.Step 24" Ladder 43 Ibs, 4-5D 5 -Step 24" Ladder,.. 48 ibs., 0-2A 2 -Step 30' Ladder . 40 lbs. 03R 3Step 30' Ladder 45 lbs 0.4G 4 Step 30 Ladder 50 lbs (L.S) 5 -Step 30" Ladder 55 lbs. S 2A, 2 Step' 36" Ladder 45 lbs: B4B 3*Step " Ladder 50"Ibs: 3 -IC 4 Step 36,,' Ladder . 55 lbs.: '-5D • 5 -Step 36' Ladder 60 lbs. 888.677.7776 I�YZ�yitle S Bid 12-53, Construction - Wilson Park Pool Renovations BID: 12-53 DATE: 06113112 TIME: 2:00 PM CITY OF FAYETTEVILLE Jfl rd. America Pool RetlQ tai r 1� ool C listcuCtlo`, [nc ITEM C DESCRIPTION UNIT EST. QTY. UNIT PRICE TOTAL UNITuPRICE TOTAL 1 Pool Liner LS 1 $ 164,700.00 $ 164,700.00 $ 224,800.00 $ 224,800.00 2 Deck Surface LS 1 $ $2,500.00 $ 52,500.00 S 75,450.00 $ 75,450.00 3 Concrete Deck Repairs SF 1000 $ 13.80 $ 13,800.00 $ 41.93 $ 41,930.00 4 Insurance and Bonding LS ;C 1 $ 7,390.00 $ 7,390.00 $ 22,450.00 $ 22 450.00 5 Mobilization (Shall not exceed 5%total bids LS 1 $ 3,220.00$ $ 3,220.00 $ 19,750.00 19,750.00 6 Pool Ladder EA 9 $ 920.00 $ 8,280.00 $ 685.00 $ 6,165.00 7 Fence LF 93 $ 70.97 $ 6,600.00 $ 47.96 $ 4,460.28 TOTAL AMOUNT BID TOTAL AMOUNT BID 9 . ::r Pricing in bold italics indicates corrected calculation. NOTICE: Bid award Is contingent upon vendor meeting minimum speciflcatlons and formal authorization by City officials. DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: CONSTRUCTION OF WILSON PARK POOL RENOVATIONS Contract No.: THIS AGREEMENT is daied as of the day of in the year 20_ by and between The City of Fayett\ ille, Arkansas and _.(hereinafter called Contractor). ARTICLE 1- WORK 1.01 Contractor shall comple all Wor as specified or indicated in the Contract Documents. The work un er thi Contract includes, but is not limited to: Project includes repair of cracks wit n the pool structure and surrounding deck, removal of pool plaster interior and deck surf a aterial, and replacement of pool and deck surface at Wilson Park pool located at 675 . Park venue. ARTICLE 2- ENGINEER 2.01 The Contract Doc ents have been pre aced by GARVER who is here in after called Engineer. GARY R assumes all duties d responsibilities, and has the rights and authority assign'd to Engineer in the Contra t Documents in connection with completion of tlie 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 wiJsuffer financial loss if the Work is not co leted within the time specifil above, plus any extensions thereof allowed in cordance with the GE RAL CONDITIONS. The parties also recognize tia delays, exper proving the actual loss su ered by The Substantially Completed on 'me. Ac proof, The City of Fayetteville nd �oi damages for delay (but not as a p - alty Fayetteville Seven Hundred Fifty ��ll that expires after the time spe Completion until the Work is difficulties involved in city of Fayetteville if the Work is not )rdingly, instead of requiring any such itractor agree that as liquidated ) Contractor shall pay The City of ars ($250.00) for each calendar day ,ve in Paragraph 3.02 for Substantial aaly Complete. After Substantial Completion, if Contractor shall neglect, rise, or fail to complete the remaining Work within the time specified ' Paragraph 3.02 for completion and readiness for final payment or any proper tension thereof granted by The City of Fay tteville, Contractor shall pay The City of Fayetteville Seven Hundred Fi 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 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 amen eats in scope, pric or fees to this contract shall not be allowed without a prior forpal contract am,ildment approved by the Mayor and the City Council in advance of th change in s ope, cost or fees. ARTICLE 5- PAYMENT PROCEDURES 5.01 A. Contractor shall submit Appli ations or Payment in accordance with the GENERAL CONDITIONS Applicati s for Payment will be processed by Engineer as provided in e GENERAL �NDJTIONS. 5.02 PROGRESS PAYMENTS. TAINAGE: A. The City of Faye)Lille shall make progress pa ents on account of the Contract Price n the basis of Contractor's Applica 'ons for Payment as recommende7 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 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 �off Fayetteville as provided in the GENERAL CONDITION 5. 2. Upon Substan\(wh on, The City/f Fayetteville shall pay an amount suffice total pa ents to Contractor to 95% of the Contract P(w\h balance eing retainage), less such amounts as Enetermi , or The City of Fayetteville may withholdwi the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptace of t1e Work in accordance with the GENERAL CONDITIONS, The ity of Fay tteville shall pay the remainder of the Contract Price as reco ended by Eng' eer and as provided in the GENERAL CONDITIONS. ARTICLE 6- CONTRACTOR'S REPRE NTATIONS 6.01 In order to induce The City of 17yetteville to enter into this Agre ent, Contractor makes the following representions: 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 co itions at or contiguous to th Site and all drawings of phy tcal conditions in or relating to existin urface or subsurface strtures at or contiguous to the Site; and (2) reports and drawings of a azardous E ironmental Condition, if any, at the Site. Contractor a knowle es that The City of Fayetteville and Engineer do no ass me responsibility for the accuracy or completeness of info ation and data shown or indicated in the Contract Documents with r sp ct to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefull studied (or a sumes responsibility of having done so) all such additiona supplementary e ininations, investigations, explorations, test , studies, and data co erring conditions (surface, subsurface, and Unde ground Facilities) at or c tiguous to the Site or otherwise which may affe cost, progress, performance, and furnishing of the Work or which relate t any aspect of the means, method techniques, sequences, and procedur s of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not,E;onsider 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 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 Contrac/dedd in the Contract Documents and the writte esolution thers acceptable to Contractor. J. The Contract Documents are gene lly sue and convey understanding of all terms and condi 'ons and furnishing of the Work. ARTICLE 7- CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Docume/Coactor mprise the en a Agreement between The City of Fayetteville anconcerning the ork consist of the following and may ond, modified, or sup lemented as provided in the GENERAL CO 1. This 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. 6. 7. 8. Supplementary Conditions. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. Addenda numbers one (1) to ______(_J, inclusive. The following whIci maybe delivered or i ued after the Effective Date of the Agreeme t and are not attaclAd hereto: All Written Amendments and other supplementing the Coni CONDITIONS. ARTICLE 8- MISCELLANEOUS iding, modifying, or pursuant to the GENERAL 8.01 TERMS: A. Terms used in this Agreement hich are defined the GENERAL CONDITIONS shall have meanings stated in th GENERAL CONDITIONS. 8.02 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 8.04 8.05 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, ail obligations contained in the Contract Documents. SEVERABILITY: A. Any provision or part of the Co act I unenforceable under any Law or R ul remaining provisions shall continue Fayetteville and Contractor, who agree reformed to replace such stricken provj to be void or be deemed stricken, and all be v d and binding upon The City of t the Contract Documents shall be or part thereof with a valid and enforceable provision t/A: lose as' intention of the stricken FREEDOM OF INFORMATIO A. City contracts and docud while work are subject to thedom of to expressing the city contractual Act. If a Freedom of Information Act re est is presented to the City of Fayetteville, the contractor will do ev rything 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 DOCUMENT 00500 — AGREEMENT (continued) 8.06 MATERIALMEN'S LIENS A. No Hens against this cons uction project are allowed. Arkansas law (A.C.A. § 18-44-501 throe 508) prohibits the filin any mechanics' or materialmen's liens in relation t this public const ction project. Arkansas law requires and the Contractor pr ises to prov de and file with the Circuit Clerk of Washington County a bond' a sum ual to the amount of this contract. Any subcontractor or materia sup her may bring an action for non-payment of labor or materials on th end. The Contractor promises to notify every subcontractor and material s pplier for this project of this paragraph and obtain their written ac owl gement of such notice prior to commencement of the work of the ubcontra or or materials supplier. OTHER PROVISIONS: Not Applicable. IN WITNESS WHEREOF, The City of7as etteville and Contractor have signed this Agreement in quadruplicate. One counterpart each 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 DOCUMENT 00500 — AGREEMENT (continued) This Agreement will be effective on Effective Date of the Agreement. CONTRACTOR 20_, which is the CITY OF FAYETTEVILLE By: By: _ Title: Title: (SEAL) Attest Address for giving notices License No. Agent for Service of process (If Contractor is a corporation, attach evidence of authority to sign.) END OF DOCUMENT 00500 (SEAL) Attest Address for giving notices (attach idence of authority to sign and solution or other documents authorizin execution of Agreement) Approved As to Form: By: Attorney For: City of Fayetteville 00500- 10 Project No. 12047020 Wilson Park Pool Renovations I31.1z DOCUMENT 00610 - PERFORMANCE BOND: KNOW ALL MEN BY THESE PRESENTS: that MID -AMERICA POOL RENOVATIONS, INC. 5929 E. 154TH TERRACE GRANDVIEW, MO 64030 as Principal, hereinafter called. Contractor, and BERKLEY REGIONAL INSURANCE COMPANY 11201 DOUGLAS AVENUE URBANDALE, IA 50322 as Surety, hereinafter called, Surety, are held and-firmly�bound unto City ofFayetteville, Arkansas, 113 West. Mountain; Street BOND #0158442 lil{I{IIIIIN{Ill{lilllllli{llilllllll1111111{Illllllllll{Illl{IIIINIIll11l{li Doc ID: 014694550009 Type: LIE Kind: PERFORMANCE BOND Recorded: 07/18/2012 at 10:57:02 AM Fee Amt: 855.00 Paae I of 9 Washlnaton County. AR Bette Stamos Circuit Clerk FileB031-00000318 Fayetteville, Arkansas 72701 TWO HUNDRED FIFTY SIX THOUSAND as Obligee, hereinafter called Owner, in the amount of FOUR HUNDRED NINETY AND NO lC ollars ($**), for.tlhe payment -whereof Contractor and,'Surety bind themselves, their•heirs, executors, administrators, successors and assigns, jointly and severally;,firnily by these:presents. WHEREAS, Contractor hasby written Agreement dated - JULY 3 ,.2012 , entered, into a contract with Owner for WILSON PARKPOOL RENOVATIONS which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF.THIS OBLIGATION is such that, if Contractor shall. promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations, thereunder, the'Surety may promptly remedy the default, or shall promptly: City of Fayetteville 00610 - 1 Project No. 12047020 Wilson Park Pool Renovations BOND ##0158442 DOCUMENT 00610 — PERFORMANCE BOND: KNOW ALL MEN BY THESE PRESENTS: that MID —AMERICA POOL RENOVATIONS, INC. 5929 E. 154TH TERRACE GRANDVIEW, MO 64030 as Principal, hereinafter called Contractor, and BERKLEY REGIONAL INSURANCE COMPANY 11201 DOUGLAS AVENUE URBANDALE, IA 50322 as Surety, hereinafter called.Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 TWO HUNDRED FIFTY SIX THOUSAND as Obligee, hereinafter called Owner, in the amount of FOUR HUNDRED NINETY AND NO/ 10Dollars ($256. 490. pp** ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated JULY 3 , 2012, entered into a contract with Owner for WILSON PARK POOL RENOVATIONS which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations, thereunder, the Surety may promptly remedy the default, or shall promptly: City of Fayetteville 00610- 1 Project No. 12047020 Wilson Park Pool Renovations City of Fayetteville I 00610 - 2 Wilson Park Pool Renovations — PERFORMANCE BOND: (continued) A. Complete the Contract in accordance with its terms and conditions, or B. Obtain a bid or�bids for completing the Contract in accordance with its terms and conditions, s and upon deten'nination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of die lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (evethough there should be a default or a succession of defaults under. the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the I First paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two years from the date on which final payment under the Contractfalls due. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators, or successors of the Owner. Signed and sealed this 12TH day of JULY 2012 . CONTRA TOR (CORPORATE SEAL) E. Project No. 12047020 (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) DOCUMENT 00610- PERFORMANCE BOND: (continued) SURETY COUNTERSIGNED: Resident Agent State of Arkansas AR NO LONGER REQUIRES COUNTERSIGNATURE By (CORPORATE SEAL) Approved as to Form: Attorney for END OF DOCUMENT 006'10 City of Fayetteville 00610-3 Project No. 12047020 Wilson Park Pool Renovations No. 7813b 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, has made, constituted and appointed, and does by these presents make, constitute and appoint: George R. Donnelly, Erie D. Benton, Karra K. McGreevy, Kelly R. Watson or Mark S. Nauser 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 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and .E acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, .- without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and l± Nn qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations roon behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; o and further 2. RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, o °o or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the 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 further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any . power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or 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 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." '[N WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this ii day of —un , 2012. � c Attest: _ Berkley Regional Insurance Company G � (Seal) By BY ' Ira S. Lederman MSn Hafter ; m H Senior Vice President & Secretary or Vide President r -° WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. - STATE OF CONNECTICUT) COUNTY OF FAIRFIELD ) o Sworn to before me, a Notary Public in the State of Connecticut, this day of 3A_4, � , 2012, by Jeffrey M. Hafter and 2 Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of .0 Berkley Regional Insurance Company. ,- EILEEN KILLEEN NOTARYPUBUC STATEOFCONNEC77C[fI Notary Public, State of Connecticut ¢ o MYCOMMI5Sl01IEltPIRESJURFICATE 1, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the Z 0 foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this 3 ; Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this 12TH day of JULY , 2012 (Seal) Andre M. a BOND #0158442 DOCUMENT 00611 — LABOR AND MATERIAL PAYMENT BOND: This Bond is issued simultaneously with Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that MID -AMERICA POOL RENOVATIONS INC. 5929 E. 154TH TERRACE GRANDVIEW, MO 64030 as Principal, hereinafter called Contractor, and BERKELY REGIONAL INSURANCE COMPANY 11201 DOUGLAS AVENUE URBANDALE, IA 50322 as Surety, hereinafter called Surety; are'held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, for the use.and benefit of claimants as hereinbelow defined, inthe amount of TWO HUNDRED FIFTY SIX THOUSAND FOUR HUNDRED NINETY AND NO/Dollars. (S25 6, 490. 00** ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractorhas,bywritten Agreement dated JULY 3 , 2012, entered into a contract with Owner for WILSON PARK POOL RENOVATIONS which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or City of Fayetteville 00611 - 1 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00611 — LABOR AND MATERIAL PAYMENT BOND: (continued) reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract. B. The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of 90 days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant: I. Unless claimant other than one having a direct contract with Principal, shall have given written notice to any two of the following: the Contractor, the Owner, or the Surety within 90 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage, prepaid, in an envelope addressed to Contractor, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, save that such service need not be made by a public officer. 2. After the expiration of one year following the date on which Contractor ceased Work on the Contract, it being understood, however, that if any limitation embodied in this City of Fayetteville 00611 - 2 Project No. 12047020 Wilson Park Pool Renovations DOCUMENT 00611 — LABOR AND MATERIAL PAYMENT BOND: (continued) Bond is prohibited by any Law controlling the construction hereof; such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such Law. 3. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the "Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. D. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. Signed and sealed this 12TH day of JULY 20_12 CONTRACTOR MID -AMERICA P00 RENOVATIONS, INC. ! F rl SURETY City of Fayetteville 00611 - 3 Wilson Park Pool Renovations (CORPORATE SEAL) COUNTERSIGNED; Resident Agent ite of Arkansas NO LONGER REQUIRES COUNTERSIGNATURE Project No. 12047020 DOCUMENT 00611 — LABOR AND MATERIAL PAYMENT BOND: (continued) ATTORNEY -TN -FACT (CORPORATE SEAL) (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) Approved as to Form: Attorney for END OF'DOCUMENT 00611 City of Fayetteville 00611 -4 Project No. 12047020 Wilson Park Pool Renovations No. 7813b 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 duty organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: George R. Donnelly, Erie D. , Benton, Karra K. McGreevy, Kelly R. Watson or Mark S. Nauser 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 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. cThis Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, 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: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and E L 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; oL and further � RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, 0 0 or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the y manner and to the extent therein stated; and further F- RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and ci further - RESOLVED, that the signature of any authorized officer and the sea] of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or 2 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 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." 1N WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this I1 day of , 2012. Attest: Berkley Regional Insurance Company ao (Seal) By By u Ira S. t.ederman I JHafer Senior Vice President & Secretary S InMe President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) o QJ ) ss: COUNTY OF FAIRFIELD ) ro o Sworn to before me, a Notary Public in the State of Connecticut, this ) ( day of 3r -um— , 2012, by Jeffrey M. Hafter and 2 Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance Company. EILEEN KILLEEN NiiTARYPUBUCSTATEOFCONNEC17CUT Notary Public, State of Connecticut Q o MY COMMISSION EXPIAES,1l1lifC3 nIFICATE I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the Z c foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked Zor 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. Given under my hand and seal of the Company, this 12TH day of JULY 2012 (Seal) Andre M. a 13'7 -rte.. '49R b CERTIFICATE OF LIABILITY INSURANCE 17/18/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Cretcher Heartland LLC 4551 West 1O7th Street, Third Floor Overland Park KS 662O7 NAME: Theres Bebout PHONE FAX (A!C,NO):913.643.4148 ADDRESS:TBebout@CretcherHeartland.com CUSTOMER ID A MIDAM03 INSURES) AFFORDING COVERAGE NAIC 0 INSURED IN$URERA:Accident Fund Ins Co America 123O4 Mid -America Pool Renovations, Inc. 5929 East 154th Terrace INSURERS: Continental Casualty Co. (CNA) 20443 Grandview MO 64O3O INSURERC: INSURER 0: INSURER E; INSURER F COVERAGES _. CERTIFICATE NUMBER: 15O41751O3 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE P UCY NUMBER MOLIDDY EFF tYYYY PO DY EXP LIMITS B GENERAL LIABILITY X COMMERCIAL GENERAL UABIUTY CLAIMS•MADE OCCUR C4020096140 11/1/2011 11/1/2012 EACH OCCURRENCE $1,000,000 PREMISES lEa occurrence $300,000 MEDEXP Any one person) $15, 000 PERSONAL&ADVINJURY $1.000,000 GENERAL AGGREGATE $2,000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY X PRcc LOC PRODUCTS-COMP(OP AGO $2,000,000 $ B AUTOMOBILE X — — LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS C4020096137 11/1/2011 11/1/2012 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accdent) S PROPERTY DAMAGE (Per aw'dent) $ $ $ B X UMBRELLA LIAR EXCESS UAB IX FQILJR CLAIMS -MADE 4020096123 11/1/2011 11/1/2012 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 X DEDUCTIBLE RETENTION $16 ooa $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVE OFFICEFUMEMBER EXCLUDED? © (MandaEory In NH) If yes. describe under DES PTt OF PERATI bel NM A WCV6012821 11/1/2011 11/1/2012 X WCSTATU I IQfl4. E.L. EACH ACCIDENT $1,000,000 EL DISEASE - EA EMPLOYE $1. 000, 000 E.LOISEASE-POUCYLIMIT 51,000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville, AR 113 W Mountain Street Fayetteville AR 727O1 AUTHORIZED REPRESENTATIVE O 1988-2009 ACORD CORPORATION. All rights resew ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD Comments: Carole Jones Submii d By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements N/A City Council Meeting Date Agenda Items Only Park Planning Division Q.mQ1u.C�- 6tre Ril.� Parks and Recreation Department Action Required: Request for approval of change order #1 to Resolution 137-12 for Bid # 12-53 with Mid -America Pool Renovation, !Inc. in the amount of $5,560 for the Construction of Wilson Park Pool Renovations (see attached memo). $ 5,560.00 Cost of this request 2250.9255.5315.00 Account Number 08002.1101 Project Number Budgeted Item X $ 327,699.00 Category / Project Budget I $ 296,965.00 Funds Used to Date $ 30, 734.00 Remaining Balance Budget Adjustment Attached LJ ( [ vLvtii 1;5 alx v((4) 4&4" k/ Department Director ate to/--/'— ity Attorney Date 'T A Q. _ ` t.0-').z-24f� Finance and Internal Services Director Date Date Wilson Park Improvements Program Category I Project Name Wilson Park Improvements Program f Project Category Name Parks Development/PLDO SW Qua Fund Name Previous Ordinance or Resolution # 137-12 Original Contract Date: 7/3/2012 Original Contract Number: 10-22-j2A10:18 RCVD Received in City Clerk's Office Received in Mayor's Office Revised January 15, 200, To: Thru: From: Date: Subject: ay1etL'.-1e SA5� Mayor Lioneld Jordan Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director, Alison Jumper, Park Planning Superintendent ) Carole Jones, Park Planner II n� October 19, 2012 THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P(479)444-3471 F{4791521-7714 Request for approval of change order #1 to Resolution 137-12 for Bid # 12-53 with Mid - America Pool Renovation, Inc. in the amount of $5,560 for the Construction of Wilson Park Pool Renovations PROPOSAL: Wilson Park contains 22.75 acres and is located at 675 North Park Avenue. The park is situated in the southwest quadrant of town west of College Avenue (U.S. Highway 71 B) and south of North Street. On July 3, 2012, the City Council passed Resolution Number 137-12 approving a contract with Mid -America Pool Renovation, Inc. for Bid 12-53, Construction of Wilson Park Pool Renovations, in the amount of $256,490 with a 10% project contingency of $25,649 for a total amount of $282,139. 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. Staff is requesting changes to improve the appearance and safety of existing conditions in the pool. Requested changes include: I. Installation of a fourth racing lane and targets using frost proof, mosaic tile to match originally contracted racing lanes; and 2. Cover the old brass rope anchors, and install six new Cycolac rope anchors in the pool walls. RECOMMENDATION: Parks and Recreation staff recommends approval of change order #1 to Resolution 137-12 for Bid # 12-53 with Mid -America Pool Renovation, Inc. resulting in an increase of $5,560. This amount is within the project contingency of $25,649 leaving a balance of $20,089 in contingency. BUDGET IMPACT: This project is funded with Parks Development Funds and Park Land Dedication (SW Quadrant) Funds. The cost is accounted for in project number 08002.1101- Wilson Park Improvements. Attachments: Staff Review Form Resolution No. 137-12 Mid -America Pool Renovation, 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 RESOLUTION 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 3d day of July, 2012. APPROVED: By: ATTEST: By: • SONDRA E. SMITH, City Clerk/Treasurer Mid-Arnerica 5929 E. 154th Terrace Grandview, MD 64030 POOL RENOVATION, Inc. 816.994.3300 Kansas City 773.778.7349 Chicago 636.537.0108 St. Louis 800.253.7349 Other Areas 15 October 2012 Ms. Carole Jones, P.E. Park Planner II Fayetteville Parks & Recreation 113 West Mountain Street Fayetteville, AR 72701 Dear Carole, The following information includes a firm cost listing for two additional Work Activities on the Wilson Park Pool: 1) Supply all tile and INTER -GLASS® setting materials, and install an additional 4th Racing lane to run the full length of the pool; Cost for the 4th Racing lane including all taxes is 5 200.00. 2) Supply and install six (6) new cycolac, recessed rope anchors. Price includes cutting the installed INTER -GLASS® surface, restoring the seal lines at each cut, chipping into the concrete pool wall at the necessary locations, and installing the new rope anchors on both ends of the pool. Cost for supply and installation as defined above including all taxes is $j0, ($ 60.00 per rope anchor.) Please let me know if you have any questions. Sincerely, avid E. K teusz s Corporate Secretary Mid -America Pool Renovation, Inc. davidia poolrenovation.com 816.994.3301 FAX poolrenovation COMPLETE SWIMMING POOL RENOVATION ■ Polymeric Composite Surface Systems Madewell® Mainstay® Perma-Shield' INTER -GLASS° Hydro Ester LV Coating New Pool Interiors INTER -GLASS °2000 Re -Plastering Diamond Brite® River Rok® Beadcrete® Krystalkrete& ■ Deck Re -Surfacing Texture-Dek Kool Deck® • New Tile 100s of Patterns Depth & No Dive ■ New Coping Brick Cast Stone Concrete Bullnose • Water Features • Structural Repair & Consultation ib AL SP ma Association of Pbo!& Spa Professionals * 1 Amalcan concrete rnsdtute• INTERNATIONA4. coNCRETE REPAIR Craftsmanship Quality Care Z• aylel.te-viltie ARKANSASM THE CITY OF FAYETTEVILLE, ARKANSAS CHANGE ORDER NO. 1 Cost Plus X Pre -Agreed Unit Price X Project Name and Number: Construction of Wilson Park Pool Renovations Name of Contractor: Mid -America Pool Renovation, Inc. Address of Contractor:_ 5929 E. 154 Terrace Grandview, MO 64030 Date of Contract: July 3,_2012 Original Contract Sum: $' 256,490.00 Total Amount of All Previous Approved Change Orders: $ 0.00 Contract Sum prior to this Change Order: $ 256,490.00 Contract Sum increase this Change Order: $ 5,560.00 New Contract Sum including this Change Order: $ 262,050.00 PARKS AND RECREATION DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P1479) 444-3471 F (479) 521-7714 Subject and Reason for this Change Order: Staff is requesting additional work to the interior of the Wilson Park Swimming Pool. Requested changes include: 1) Installation of a fourth racing lane and targets using frost proof, mosaic tile, to match originally contracted racing lanes; 2) Cover the old brass rope anchors, and install six new Cycolac rope anchors in the pool walls. The contractor is also requesting 14 additional days for completion of the project resulting in a completion date of November 16, 2012. Additional Time Requested: 14 Calendar Days Dated this I5 day of October, 2012 CITY OF FAYETTEVILLE ;rF1rCl IF_VIUL-�, — ' 7 (A "i LNG O N1,11 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 City of Fayetteville Staff Review Form Carole Jones k- Submi ed By City Council Agenda Items and Contracts, Leases or Agreements NIA City Council Meeting Date Agenda Items Only CYur�- Am�,;�ca. Pool Park Planning Parks and Recreation Division Department Action Required: Request for approval of change order #2 to Resolution 137-12 for Bid # 12-53 with Mid -America Pool Renovation, Inc. in the amount of $15,455 for the Construction of Wilson Park Pool Renovations (see attached memo). $ 15, 455.00 Cost of this request 2250.9255.5315.00 Account Number $ 338, 354.00 Category / Project Budget $ 302, 525.00 Funds Used to Date Wilson Park Improvements Program Category / Project Name Wilson Park Improvements Program I Project Category Name 08002.1101 $ 35.829.00 Parks Development/PLDO SW Quad Project Number Remaining Balance Fund Name Budgeted Item r ^ Budget Adjustment Attached Previous Ordinance or Resolution # Original Contract Date: ZOriginal Contract Number: 137-12 7/3/2012 c -,--_. 2t2 1—I —I F'u- 4c. UID Finance and Internal Services Director Date Received in City Clerk's Office Chief of aft Date ED Received in Mayor's Office / 4l vor to Revised January 15, 2009 tt!lle �AFiKAN5AS� To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director Alison Jumper, Park Planning Superintendent 4.) From: Carole Jones, Park Planner II Date: November 15, 2012 THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT 113Wet t Mountain Fayetteville, AR 72701 rxu*� P (479)444-3471 F (4791 5 21-7 714 Subject: Request for approval of change order #2 to Resolution 137-12 for Bid # 12-53 with Mid - America Pool Renovation, Inc. in the amount of $15,455 for the Construction of Wilson Park Pool Renovations PROPOSAL: Wilson Park contains 22.75 acres and is located at 675 North Park Avenue. The park is situated in the southwest quadrant of town west of College Avenue (U.S. Highway 71B) and south of North Street. On July 3, 2012, the City Council passed Resolution Number 137-12 approving a contract with Mid -America Pool Renovation, Inc. for Bid 12-53, Construction of Wilson Park Pool Renovations, in the amount of $256,490 with a 10% project contingency of $25,649 for a total amount of $282,139. 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. Staff is requesting changes to improve the appearance and safety of existing conditions at the pool. The existing concrete deck area around the diving boards is damaged with excessive spalling and cracks (see attached photos). This was discovered after the old deck surface was removed. This area is too deteriorated to repair with a cement -based or epoxy mortar patch material. The only way to ensure that a new surface will not crack and delaminate is to remove and replace the deteriorated concrete deck surfaces. This is a highly visible area and is the first area seen by patrons when they enter the pool area from the dressing rooms. Requested changes include: 1. Removal and replacement of approximately 320 SF of existing concrete per the attached drawing. RECOMMENDATION: Parks and Recreation staff recommends approval of change order #2 to Resolution 137-12 for Bid # 12-53 with Mid -America Pool Renovation, Inc. resulting in an increase of $15,455. This amount is within the project contingency of $25,649 leaving a balance of $4,634 in contingency. BUDGET IMPACT: This project is funded with Parks Development Funds and Park Land Dedication (SW Quadrant) Funds. The cost is accounted for in project number 08002.1101- Wilson Park Improvements. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 Z• ayeevle 'ARKANSAS Attachments: Staff Review Form Resolution No. 137-12 Drawing of Replacement Areas Mid -America Pool Renovation, Inc. Change Order No. 2 Cost Estimate Change Order No. 2 THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT 113 West Mountain Fayetteville, AR 72701 .�rts;sP14791444-3471 F (479) 521-7714 � W '�j � �^,' �� '� `r•` �� Yom, Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 RESOLUTION 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: By: ATTEST: By: Qrfl.I tov SONDRA E. SMITH, City Clerk/Treasurer • rAv=rrxfn I F • 1 � � 1 } ii II I CR1C SGOlIl01 A iq C EFA ET4TEVILLE W� o �!!i FAYETfEVILLE CITY POOL LplRl�3 RENOVATIONS MidAmerica 5929 E. 154th Terrace Inc.randview, MO 64030 POOL RENOVATION, n. 816.994.3300 Kansas City 773.778,7349 Chicago 636.537.0108 St. Louis 800.253.7349 Other Areas $November 2012 Mr. Dylan Cobb Garver 2040 East Joyce Blvd. Suite 400 Fayetteville, AR 72703 RE: Concrete Removal & Replacement by Diving Stands 4Aving-Soard Stand Plates & Re -setting Dear Mr. Cobb, We feel the concrete in the diagramed diving board stand area is too deteriorated to consider a cement -based or an epoxy mortar repair material. We agree that this concrete should be removed and replaced in its entirety. The cost for complete removal and replacementer your updated assessment is ` ` Th re is an addinal cost of 8 00.00 to remove and re -set the o 2) diving bpald soantls includin, new manbfacturtedA1etai at s6r b tl ' boArds. Since there is no knowledge of existing utilities in the concrete, •_emoval and replacement area, and since we are to assume Iiabiiibfor any underground utilities or unknown objects under the area of concrete being considered for rerinoval and replacement (per Section 4.03 orthe Specifications), we are adding a contingency amount of 3S .000.00 to-the'price-above in the event an unknown object is found and disturbed, and subsequen^tTy" requires repair. This contingenoy,,would or}ly-pe used if needed;-a0d use rppohic afe'ly to match -actual- repair- costs. ThAKateus� DaE. Mid -America Pool Renovation, Inc. Craftsmanship duality Care 816.994.3301 FAX pool renovation.com COMPLETE SWIMMING POOL RENOVATION • Polymeric Composite Surface Systems Madewell® Mainstay® Perma-Shield® INTER -GLASS® Hydro Ester LV Coating • New Pool Interiors INTER -GLASS® 2000 Re -Plastering Diamond Brite® River Rok® Bead crete® Krystalkretee 12 Deck Re -Surfacing Texture-Dek Kool Deck® New Tile 10Ds of Patterns Depth & No Dive New Coping Brick Cast Stone Concrete Bullnose e Water Features o Structural Repair & Consultation 171.AYSY 0G" 01 Aso' E Sw ArW¢ss�w�a�s Amr,lcin tonrlrlt IIISUIulr 1N I E "MAI 10NAI COMCIIE��T§ REPAIR Z• eevle ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT 113 West Mountain Fayetteville, AR 72701 ,r ,�ree cy P (479(4443471 F (479) 521-7714 CHANGE ORDER NO. 2 Cost Plus X Pre -Agreed Unit Price Project Name and Number: Construction of Wilson Park Pool Renovations Name of Contractor: Mid -America Pool Renovation, Inc. Address of Contractor: 5929 E. 154 Terrace Grandview, MO 64030 Date of Contract: July 3.2012 Original Contract Sum: $ 256,490.00 Total Amount of All Previous Approved Change Orders: $ 5,560.00 Contract Sum prior to this Change Order: $ 262,050.00 Contract Sum increase this Change Order: $ 15,455.00 New Contract Sum including this Change Order: $ 277,505.00 Subject and Reason for this Chance Order: Staff is requesting additional work to the deck area around the diving boards at the Wilson Park Swimming Pool. Requested changes include: 1) Removal and replacement of approximately 320 SF of existing, damaged concrete deck surface. The contractor is also requesting 28 additional days for completion of the project resulting in a completion date of December 14, 2012. Additional Time Requested: 28 Calendar Days Dated this 14th day of November, 2012 CITY OF FAYETTEVILLE Parks & Recreation Depart nt By: Carole Jones. Pa Planner II CITY OF AJ'E'Cl'V LL May Lionel ordan Mid -America Pool Renovation Inc. Contractor By: � — Title: L !J 4 -r- ATTF� ATTEST. �ttt 111 rf ►r i2 'c T r Alt 1TEV11,lE: 5R O' Telecommunications Device for the Deaf TDD 1479) 521-1316 113 West Mountain - Fayetteville, AR 72701 i ►2-53 I, y 'z' i 5i-I2-- AcGRiJ CERTIFICATE OF LIABILITY INSURANCEDADOIYYYWf) 7/18/2O12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Cretcher Heartland LLC 4551 West 107th Street, Third Floor Overland Park KS 66207 CONTACT NAME: Theresa Bebout PHONE ►uc No xt - - PJC No`913.643.4148 E-MAILDSS: TBeboutOCretcherHeartland.com PRODUCER c r I a• MIDAM03 INSURER(S) AFFORDING COVERAGE NAIC 0 INSURED INSURERA:Accident Fund Ins Co America 123O4 Mid -America Pool Renovations, Inc. 5929 East 154th Terrace INSURER a: Continental Casualty Co. (CNA) 20443 Grandview MO 64O3O INSURERC: INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 15O41751O3 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iFiR LT LTR TYPE OF INSURANCE POLICY NUMBER MM D DDIYYYY D MM D YY LIMITS B GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR C4020096140 11/1/2011 11/1/2012 EACH OCCURRENCE $1,000,000 PREMISES lEe occurrence $300, 000 MED EXP ( one person) $15.000 PERSONAL& ADV INJURY $1.000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOC PRODUCTS - COMP/OP AGO $2, 000.000 $ B AUTOMOBILE LABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NONAWNED AUTOS C4020096137 11/1/2011 11/1/2012 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ B X UMBRELLALAB EXCESS LIAR X OCCUR CLAIMS -MADE 4020096123 11/1/2011 11/1/2012 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 DEDUCTIBLE RETENTION $10,000 5 X $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE a OFFICERJMEMBER EXCLUDED? (Mandatory In NH) II yes, describe under DESCRIPTION OF OPERATIONS below N ! A WCV6012621 11/1/2011 11/1/2012 I X WCSTATU- OTH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYE $1, 000, 000 E.L. DISEASE. POLICY LIMIT $1, 000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, U more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville, AR 113 W Mountain Street Fayetteville AR 727O1 AUTHORIZED REPRESENTATIVE ® 1988-2009 ACORD CORPORATION. All rights rejerv$d. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD 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