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HomeMy WebLinkAbout55-12 RESOLUTIONRESOLUTION NO. 55-12 A RESOLUTION AWARDING BID 412-18 AND APPROVING A CONTRACT WITH LJB CONSTRUCTION, INC. IN THE AMOUNT OF $49,300.00 FOR THE INSTALLATION OF A CONCRETE BARRIER WALL ALONG KNAPP STREET ABOVE THE MEADOW VALLEY TRAIL, AND APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #12-18 and approves a contract with LJB Construction, Inc. in the amount of $49,300.00 for the installation of a concrete barrier wall along Knapp Street above the Meadow Valley Trail. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a ten percent (10%) project contingency. PASSED and APPROVED this 20th day of March, 2012. APPROVED; ATTEST: SONORA E. SMITH, City Clerk/Treasurer FAYETTEVIL ..., City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/20/2012 City Council Meeting Date Agenda Items Only Matt Mihalevich Engineering Development Services Submitted By Division Department Action Kequirea: Staff recommends a resolution awarding Bid #12-18 and approving a contract with LJB Construction, Inc. for the installation of a concrete barrier wall along Knapp Street above the west approach ramps to the tunnel along the Meadow Valley Trail in the amount of $49,300.00. Approval of a 10% contingency in the amount of $4,930 is also requested. $ 49,300.00 Cost of this request 4520.9550.5814.05 Account Number 06036.1002 Project Number Budgeted Item $ 433,527.00 Transportation Bond Trail Impr Category I Project Budget $ 316,853.00 Funds Used to Date $ 116,674.00 Remaining Balance Budget Adjustment Attached rG �/ Date 3- Z- �Z Date �� Q- _-� 3- 5.7,0't Finance and Internal Services Director Date 5-6, -/:x- Date Date Program Category 1 Project Name Trail Improvements Program 1 Project Category Name Sales Tax Construct Bonds Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Revised January 15, 2009 ,r Received in City Clerk's Office Received in r Mayor's Office J Revised January 15, 2009 Zaye eelle �Af�KAIVSAS� CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff �{ Jeremy Pate, Development Services Director (�1 Chris Brown, City Engineer C,6 From: Matt Mihalevich, Trails Coordinatorr"v'� Date: March 2"d, 2012 Subject: Meadow Valley Trail — Concrete Barrier Wall RECOMMENDATION: THE CITY OF FAYETCEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Staff recommends a resolution awarding Bid #12-18 and approving a contract with LJB Construction, Inc. for the installation of a concrete barrier wall along Knapp Street above the west approach ramps to the tunnel along the Meadow Valley Trail in the amount of $49,300.00. Approval of a 10% contingency in the amount of $4,930 is also requested. PROPOSAL: Currently under construction, Meadow Valley Trail is a 2.3 mile trail that will connect the new bike lanes on Mt. Comfort Road east under I-540 across the U of A Agricultural Research Farm to connect to Scull Creek Trail (see attached site plan). This highly requested trail will provide a safe alternative transportation route for the numerous residents and businesses west of 1-540. The new trail includes a tunnel for safe crossing under Garland Avenue (Highway 112) just south of Knapp Street near the Pauline Whitaker Animal Science Arena. Due to the significant grade change at the tunnel approach, retaining walls have been constructed along each side of the trail, just south of Knapp Street. A concrete barrier wall is necessary to be placed on top of the north retaining wall to provide a safe barrier to protect vehicles from veering off the road to the trail below. The City's in-house trails construction crew has been working diligently on the trail project performing the majority of the construction. The barrier wall will require specific concrete forming techniques that will be time consuming: therefore it has been determined that it is more cost effective to construct this portion of the project with a private contractor. BUDGET IMPACT: Funds for the installation of the concrete barrier have been budgeted as part of the Transportation Bond Trail Development Program. 7 bidders responded to the request for formal bids and LJB Construction, Inc. was the lowest responsive bidder - See attached bid tab. RESOLUTION NO. A RESOLUTION AWARDING BID #12-18 AND APPROVING A CONTRACT WITH LJB CONSTRUCTION, INC. IN THE AMOUNT OF $49,300.00 FOR THE INSTALLATION OF A CONCRETE BARRIER WALL ALONG KNAPP STREET ABOVE THE MEADOW VALLEY TRAIL, AND APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid 412-18 and approves a contract with LJB Construction, Inc. in the amount of $49,300.00 for the installation of a concrete barrier wall along Knapp Street above the Meadow Valley Trail. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a ten percent (10%) project contingency. PASSED and APPROVED this 2& day of March, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City Of Fayetteville - Purchase Order Request VOsnlpn o.:Date: (PO) 312x20112 . . (W! s Pvd. Grderl P -Q Nurnbe, 93jww Ue4very ale: Art purchases under $2500 shell be used on a P -Card unless medical or 1094 service relaled. {Can x25$ -1rh questions) Art PO Request shall 6e scanned to the Purchmh a meq: PurehasJ f.la NeYille.ar.us Vendor M. Vendor Name: Mail LJB Construction, Inc Yea:_ No; Address: Fob Point: Taxable jouttles Yes' -NP: es: No! City: Slate' Zip Code: Ship to code: Divisen Bead Approval: 104 Requester. Requesters Employee #: Extension:' John Nelson 1003 d4 Item [)escripllon Ouamity Unit or Issue unit Cosi Extended Cost Account Numbers "ACUSUbproject 0 Invenlo t� Fixed Asset p t Concrete BarrEer Wall for Meadow Vai ley Trail 1 JOB 49,300.00 $49,300.90 4520.9550.5814.05 06036,1002 2 Bid 912.16 $0.00 3 Itesdltrtion # $0.00 4 $0.00 s $0.00 6 $0.00 7 $0.00 6 $0.00 9 $0.00 10 $0.00 ShippingfMandhrig Lot $0.00 Special Inslrucuons: Subtotal: 549.300A0 Tax: $0.00 Total: jd9,300.00 Approvats: Mayor. Department Director: Purchasing Manager: Finance & Internal Services Director: Sudget Manager. IT Manager, Dispatch Manager: Utilities Manager: 011ier. Concrete Barrier Wall Existing Bike Lanas on Mt_ Comfort Road' 77 f• Proposed U of A Fams Trail - 2-3 Miles ff OFAAKAWAS r �- Legend U of A Farm Trail Scull Creek Trail — Bike Lane Bike Lane/Shared Lan Shared Lane Proposed Tunnel for Tra11 Linder Garland 1 _i C' 1 �rt�LU :�, I r�•l:. ; r ae�wr—,waos�i �.... s� c w. — — � f . �} r Existing Scull Creek Trail - 7-6 Miles uewawrr of � .., Meadow Valley Trail Yl� 2.3 Miles BID: 12-18 �e,, � DATE: 03102/12 TIME: 2:Q0 PM R x n N S n 5 CITY OF FAYETTEVILLE Bid 12-16, Construction - Meadow Valley Trail Concrete Barrier Wall Total 'Bid 'Less CODER deductive Alternate TOTAL BASE BID Deducts I Benchmark Construction of NWA $ 76,338.00 $ 1,450.00 $ 77,78800 2 Construmarr, Inc. $ 55,000.00 $ 992.62 $ 55,992.62 3 LJB Construction, Inc. $ 47,300.00 $ 2,000.00 $ - 49;30000 4 Milestone Construction Company LLC. $ 98,138.00 $ 1,100.00 $ 99,238.00 5 N.E.C., Inc. $ 68,182.00 $ 13,000.00 $ 81-,182,00 6 Steve Beam Construction $ 72,559.00 $ 5,600.00 $ 78,159.00 7 Sweetser Construction $ 62,126.00 $ 6,650.00 $ 68,778.00 CERTIFIED: VICE, Pt1RCH MGR f j WI ESS O TE 'ttvil1e THE CITY OF FAYETTEVILLE, ARKANSAS CONTRACT Reference Bid: Bid 12-18, Construction — Meadow Valley Trail Concrete Barrier Wall Contractor: LJB Construction, Inc. Term: Single Project with no revolving terms This contract executed this c 0 tk day of 1 It AL , 2012, between the City of Fayetteville, Arkansas, and LJB Construction Inc. In consideration of the mutual covenants contained herein, the parties agree as follows: LJB Construction, Inc. at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 12-18 as stated in LJB Construction, Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 12-18, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay LJB Construction, Inc. based on their bid proposal in an amount not to exceed $49,300.00. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contract between the City of Fayetteville and LJB Construction, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 12-18 with the specifications and conditions typed thereon. B. LJB Construction, Inc. bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and LJB Construction, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and LJB Construction, Inc. 5. LJB Construction, Inc. shall not assign its duties under the terms of this agreement. 6. LJB Construction, Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from LJB Construction, Inc. performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. LJB Construction, Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, LJB Construction. Inc. shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workmen's Compensation Comprehensive General & Automobile Insurance Bodily Injury Liability Statutory Amount $500,000 for each person injured. $1,000,000 for each accident. City of Fayetteville, AR Bid 12-18, Construction — Meadow Valley Trail Concrete Barrier Wall Page 1 of 2 Property Damage Liability $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by LJB Construction, Inc. 8. LJB Construction, Inc. to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or LJB Construction, Inc. with 10 days written notice. 10. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 11. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. WITNESS OUR HANDS THIS DAY DAY OF Ab.L , 2012. CITY OF FAYETTEVILLE, FOETTEVILLE, ARKANSAS NELD JO$�IN, Mayor Attest: Sondra Smith, City Clerk ATTEST: COMPANY SECRETARY Z orl pcl rIz( 2Ivg BUSINESS ADDRESS l 2L4 0s1k. ,4'e 727f City of Fayetteville, AR Bid 12-18, Construction — Meadow Valley Trail Concrete Barrier Wall Page 2 of 2 r rc, A C : FAYLTTEVILLE : r • R p Gj�� G`od≤7.fZUGT,O,J ^MG. r, Doc ID: 014509800005 Type: LIE Kind: PERFORMANCE BOND Recorded: 04/02/2012 at 01:43:38 PM Fee Amt: $35.00 Pace 1 of 5 Washington County. AR Bette Stamps Circuit Clerk FileBO31-00000107 Performance Bond (Conforms with The American Institute of Architects A.I.A. . 5 12. Document No. A-311 - February 1970 Edition) Bond No: 1000908929 KNOW ALL MEN BY THESE PRESENTS: that LJB Construction. -Inc., 42. Mor anishire Dr. Bella Vista, Arkansas - 72714-5133, as Principal, hereinafter called Contractor, and, U.S. Specialty- Insurance Company, 16415 Addison Rd., Suite 200, Addison, TX 76001 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, 113 W. Mountain Street, Fayetteville, Arkansas 72701, as Obligee, hereinafter called Owner, in the amount of FORTY-NINE THOUSAND THREE HUNDRED AND NOIIDDTHS Dollars ($49,300.00), 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 by written agreement dated this 2Qth day of March, 2012, entered into a contract with Owner for City of Fayetteville -Bid 12-18 Construction - Meadow Valley Trail Concrete Barrier Wall, Fayetteville, AR in accordance with Drawings and Specifications prepared by .. , , , which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. PERFORMANCE BOND (Conforms with The American Institute of Architects A.I.A. Document No. A-31 I - February 1970 Edition) 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 Owners obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though 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 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 (2) years from the date on which final payment under the Contract falls 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 20th of March, 2012. LJB Construction. Inc. Principal i zc Witness // Seal•. l/ T:hmu� U.S. Specialty Insurance Company urety '}- '4 •Mary Jo ki, Attomey-I ' act.= 1 •' �ry S • • Labor and Material Payment Bond (Conforms with The American Institute of Architects A.I.A. Document No. A-311 - February 1970 Edition) THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT Bond No: 1000908929 KNOW ALL MEN BY THESE PRESENTS: that LJB Construction, Inc: 42 Morganishire Dr., Bella Vista, Arkansas 72714-5133, as Principal, hereinafter called Contractor, and, U.S. Specialty Insurance Company,16415 Addison Rd., Suite 200. Addison; TX 75001, as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville,113 W. Mountain Street, ' Fayetteville, Arkansas, 72701, as Obligee, hereinafter called Owner, in the amount of FORTY-NINE THOUSAND THREE HUNDRED AND NO/100THS Dollars ($49,300!00), 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 by written agreement. dated. this 20th day of March, 2012 entered into a contract with Owner for City of Fayetteville -Bid 12-18 Construction - Meadow Valley Trail Concrete Barrier Wall, Fayetteville, AR, in accordance with Drawings and Specifications prepared bye, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or 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: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal 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. 2. The above named Principal 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 ninety (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. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (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 The Principal, 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. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that If any limitation embodied in this 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. c) 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. 4. 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 filed of record against said improvement, whether or not claim for the amount of such lion be presented under and against this bond. Signed and sealed this 20th day of March, 2012. (Witness) LJB STRUCTION, INC. (Principal) (Seal) 15lXAIr (Title) �._�; eel) U.S. SPECIALTY INSURANCE -CO pl�'� - Mary Jo Z k wski, Attor =Init, �' .r�{'`, of 2 f$5`� r i• i �'i_< . t� ';:<•7elV. f� t I: . �4i' '}R .... •SCri _ I�*�q,., POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY, COMPANY U.S SPECIALTY INSURANCE COMPANY 'KNOW ALL MEN BY FHES SENTS �Th,at,American Contract,brs'Indemnttyy Company+, a California corporation; Texas Bonding Company, an assumed mine of Aiierii an'Contractors Indemnity Company, United States Surety. Company; a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Sammy J. Mullis, John Newby, Mica el L. Tullis or Mary Jo Zakrzewski of Little Rock, Arkansas ii4 F1 � r. .. 'arts true3and�laWfulttatney(s)-in eae7t, thlr separate capacity if morethan one is named above, with full power authority ed i a !u =t . ' art here conferred in its name, plac stgdJ*iozeciie, acknowledge and deliver any and'all ponds, recogniizaaces, undertakings' or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *******Ten Million******* -Dollars ($ **10,00o,000.00** ). This Power of Attorney shall expire without further action on March 16, 2015. This Power of Attorney is granted under and by authority.of the following resolutions adopted by theiBoards of Directors of the Comnarnest s * 4 iii '*r,n '°r?, ri _ _ FM, - W„'J. r :Be it Resolved that the President, any V a adept any �sistani Vice President any retarq' a S Lary shall be ands a,herebyvestedL•vith full ' power and authority to appoint any one ortmoc slittable persons a tia`mey(s)-in-Fact to rept , o:t F if of the Companyimbject to the following `- provisions:, Attorney-ln-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recogniaances. contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,.gpd ty,ch instruments so executed by any such A -in-Fact shall be binding upon the Company as if_signed by the President and sealed and effected '1t Sec "• y it ho'signatute of any a Company Z" tct�f a xed tt„an%power of attomey r�r any certrfic tie rclaong S. • therxtt f�i i]y and any power of att i cj imile signature or imife=sea ll vaitd and binding upon the Company with respoct to anbond or undertaking to which it is attar IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3`d day of October, 2011. - ! �s AMERiCAN CR� NI MNITY COMPANY BICOMPANY UNITIEU OMPANY U.S. S PANY 'teals ptr uvo - u() Daniel P. A altar Vice Pint State ofCalifornia • g x= o n oSles SS: t; w On this 3r" day of October, 2011, be ore me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Banding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed. therjaat>xekrrl his authorized capacity , .and a : is signature on theinstrument the. person(s),5or she entity upon behalf of` hm1 t eison(s) acted, execute me' , ? • - Y I certify under PENALTY OF PERl(1Rrunder�e laws of the State of ifornta at a foregoing paragraph is trut 'and correct. Y WITNESS my hand and official seal. .Q� aEtnaeu nEtxa CcM111ntsslaer• 1026p$ Signature w4L t'S-'-- (Seal) ttimae '- y., 1 ltd IBIS Jeannie e A"sststant Secretat onQ,tors indemnity Company, I xis Bonding Company United States Surety Cmany and U.S. Specialty Insurance Company, do hereby certify that the -above and foregoing is a true and corr p loiaQrpower of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boarjtf�itors, set out in the Power of Attorney are in full force and effect.: City of Fayetteville Staff Review Form Matt Mihalevich Submitted By City Council Agenda Items and Contracts, Leases or Agreements N/A City Council Meeting Date Agenda Items Only L3rucA; o n Engineering Development Services Division Department Action Kequirea: Staff requests approval of a change order #1 with LJB Construction, LLC in the amount of $2,500.00 to the original contract amount of $49,300.00 for the addition of a Class 2 rubbed finish on the concrete barrier wall at Meadow Valley Trail. These additional costs for this change order falls within the 10% project contingency approved by Resolution #55-12 for the award of Bid #12-18 and contract with LJB Construction, LLC. $ 2,500.00 Cost of this request 4520.9550.5814.05 Account Number 06036/1002 Project Number Budgeted Item L,.X $ 433,527.00 Category I Project Budget $ 373,647.73 Funds Used to Date $ 59,879.27 Remaining Balance Budget Adjustment Attached (.gar_ • %SUS Department 1rectgr, Date City Attorney Date Finance and Internal Services Director ate Chief of aff ate } Ma or /De Y Comments: r Transportation Bond Trail Improvements U of A Farm I Meadow Valley Trail Program Category I Project Name Trail Improvements Program I Project Category Name Sales Tax Construction Bond Fund Name Previous Ordinance or Resolution # 55-12 Original Contract Date: Original Contract Number: Received in Cif 6 —15— 1 2 A 1 1: 5 2 R C V D Clerk's Office c�) B1 A ,hi Received in Mayor's Office Revised January 15, 2009 • aeevle ARKANSAS� MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer From: Matt Mihalevich, Trails Coordinator'", Date: June 14th, 2012 Subject: Meadow Valley Trail — LJB Construction, LLC - Change Order #1 RECOMMENDATION: THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Staff requests approval of change order #1 with LJB Construction, LLC in the amount of $2,500.00 to the original contract amount of $49,300.00 for addition of a Class 2 rubbed finish on the concrete barrier wall for Meadow Valley Trail. The additional cost for the change order falls within the 10% project contingency approved by Resolution #55-12 for the award of Bid #12-18 and contract with LJB Construction, LLC. PROPOSAL: The concrete barrier wall runs along the south side Knapp Street as the 2.3 mile Meadow Valley Trail ramps down to pass through the tunnel under Garland Ave. The concrete on the barrier wall finish is pitted with small holes and needs a grouted rubbed finish to comply with AHTD requirements. We have negotiated with LJB Construction, LLC to reduce the cost for the application of an approved grout to fill the holes in the face and recoat the wall. BUDGET IMPACT: Change Order #I will increase the original contract amount of $49,300.00 by $2,500.00 for a new contract price of $51,800.00. The City Council approved a 10% contingency, or $4,900, so the change order amount fits within this contingency. . Funds for the installation of the retaining walls have been budgeted as part of the Transportation Bond Trail Development Program and sufficient funds are available for change order #1. JUN -L-1 a o ;nr3 F=rom: To: 1'+T93T3eCeJ Flage:Z'Z City of Fayetteville Change Order No. I Project Title: Meadow Valley Trail — Barrier Wall Contract No. Bid 12-18 Contractor: LJB Construction. LLC The following changes are hereby made to the contract documents: Contract Date: March 20, 2012 Additions: 1.) Increase the contract price by $2,500 for the addition of a Class 2 rubbed finish on the concrete barrier wall. Contractor shall apply approved grout materials by the Euclid Chemical Company and provide an additional topcoat textured finish in accordance with the manufacturer recommendations. The material supplied as the grout material shall be approved by the City prior to installation. Approval of the finished rubbed surface prior to the topcoat application is also required by the City. Justification: 1.) The finish on the concrete barrier wall at Meadow Valley Trail has small holes in the face of the concrete. The addition of a Class 2 rubbed finish will cover these imperfections and create a uniform finish on the wall as required by AHTD. Original Contract Price: $ 49.300.00 This C.O. will increase contract by: $ 2,500.00 The new contract price will be: $ 51.8011.00 P OV UIRED To be effective this change order must be approved by the Owner if it changes the Scope or objective of the project, or as may otherwise be re uired under the terms of the General Conditions of the Contract. Requested by L Date Matt Mihalevich, Trails Coordinator Recommended By IL- Date (/f`7 f I 2 - Approved by Approved by Date / ' - 20%2 Date 7Z2 `1-' JUN -15-2012 09:06 From: To:14795758202 Pa9e:1/2 L J B CONSTRUCTION INC. 42 Morganshire Drive Bella Vista, AR 72714 (479) 899.6140 ofc, (479) 899.6141 fax June 14, 2012 City of Fayetteville Attn: Mr. Matt Mihalevich 113 W. Mountain St. Fayetteville, AR 72701 Dear Matt, Re: Meadow Valley Concrete Barrier Wall Fayetteville, AR We propose to provide the Euclid Chemical Co. grout materials with a Class 2 rub finish for the concrete barrier walls and apply topcoat textured finish in accordance with the manufacturer recommendations for the sum of $ 2,500.00 (two thousand five hundred dollars ). A, Clarifications a. Provide 2 million umbrella liability insurance policy. b. Provide clean up of our work. Thank you for the opportunity to prc3cnt tha3 proposal. itcazc .iU if you ttavv ally quGbtiutts ut comments regarding same. yeele A4AANSA3 [PURC�HAS ORDD IER VENDOR NO. 21988 LJB Construction Inc 42 Morganshire Dr Bella Vista AR 72714 Each Package Must Be Marked Exactly As Shown Here City of Fayetteville, Arkansas DATE 3/27/12 FOB Fyv TERMS NET 30 DAY PURCHASE ORDER # 12-0000178-001 Unit Oty. Description and Qty. Of Received Account Number Unit Price TOTALS Issue 1.00 JOB a) Concrete Barrier Wall for Meadow 49300.00 49300.00 Valley Trail Per Bid #12-18 Res #55-12 Contract #2238 4520.9550.5814.05 060361002 the addition of Class 2 rubbed finish on the concrete barrier wall. 4520.9550.5814.05 06036/1002 SHIP TO: Transportation Dept 1525 S Happy Hollow Rd Fayetteville AR 72701 Sales Tax Total: $.00 Nelson, J Purchase Order Total: 49300.00 DEPARTMENT VERIFICATION BY DATE ADDITIONAL APPROVAL RECEIVED CHECK # DEPT HEAD APPROVAL DOES NOT MEET PURCHASING POLICY AMOUNT TO PAY $ CONTRACT PAYMENT OTHER AIP VERIFICATION PURCHASING VERIFICATION PRICE CHANGE VERIFICATION RETURN CHECK TO SEND COPY TO_ PROJECT# THIS PAYMENTS PREVIOUS PAYMENT(S) $ TOTAL PYMT(S) $ BALANCE $ DEPT COPY Acc3R O® CERTIFICATE OF LIABILITY INSURANCE If3/17/201z y) 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(les) 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 MNH Tullis LLC 124 West Capitol Ave, Ste 1820 Little Rock AR 72201-3744 CONTACT Cheri Irby PHONE 501.801.5866 °X 391.801.5667 DOAL .cirby@mnhtullis.com INSURER(S) AFFORDING COVERAGE NAIC 0 INSURERINSURERA:Efllployers Mutual Casual co. 14155 INSURED LJB Construction, Inc. 42 Morganshire Drive Bella Vista AR 72714 INSURERS: INSURERC: INSURERD: INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBERCL1281717435 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AL UU} POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1000,000 DAMAGE TO RENTED PREMISES lEn $ 50,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 5Z OCCUR DS676813 /25/2012 /25/2013 MED EXP (An one person $ 5,000 PERSONAL r,ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 2,000, 000 }I POLICY PRO- _riECTLOC $ AUTOMOBILE LIABILITY COMBINED SINLE LIMIT EI 1,000,000 A JX ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS E5676813 /25/2012 /25/2013 BODILY INJURY (Per person) $ BODILY INJURY (Peraccldent) 5 HIRED AUTOS ±i NON -OWNED AUTOS PROPERTY DAMAGE P r nt Uninsured motodstcombined $ 1,000,000 X UMBRELLA LIAa X OCCUR EACH OCCURRENCE S 4,000,000 AGGREGATE $ 4,000,000 A EXCESS LIAR CLAIMS -MADE DED X I RETENTIONS 10,00 3 J5676813 /25/2012 /25/2013 • WORKERS COMPENSATION EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? [j (Mandatory In NH) NIA H5676813 /25/2012 /25/2013 X WC STATU- I 10TH- IIORYAND E.L. EACH ACCIDENT S 500,000 E.L. DISEASE - EA EMPLOYE S 500,000 11 es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S _ 50UL000 A Leased/Rented Equipment C5676813 /25/2012 /25/2013 $100,000 PerItemlLimit $1,000 Ded. A Installation Floater C5676813 /25/2012 /25/2013 5200.000PerLocauonrrolal $1,000 Ded. DESCRIPTION OF OPERATIONS! LOCATIONS ) VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) CERTIFICATE 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 113 West Mountain Street AUTHORIZED REPRESENTATIVE Fayetteville, AR 72701 Michael Tullis/CHERI ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights re, INS025onlnnstnt Tho Ar!ARr{ names and Innn are ronlatarard marks of Ar'ARr1 ��t�