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71-12 RESOLUTION
RESOLUTION NO. 71-12 A RESOLUTION AWARDING BID #12-23 AND AUTHORIZING A CONTRACT WITH PRIME CONTRACTING, INC. IN A TOTAL AMOUNT OF $168,772.75 FOR THE REPAIR OF FLOOD DAMAGE TO A SECTION OF FRISCO TRAIL, 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 #12-23 and authorizing a contract with Prime Contracting, Inc. in a total amount of $168,772.75 for the repair of flood damage to a section of Frisco Trail. 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 17th day of April, 2012. APPROVED: B O ELD JO . i Mayor ATTEST: By: A/ta. 6114.6tt) SONDRA E. SMITH, City Clerk/Treasurer r� +•a��� 7 �F • • ��p r �•P 3 FAY AYETl.-EViLLE 9s�•9• (CANS .%°:# City of Fayetteville, Arkansas Budget Adjustment Form V11.0425 Budget Year 2012 Division: Transportation Services Department: Transportation Services Request Date 4/17/2012 Adjustment Number BUDGET ADJUSTMENT DESCRIPTION 1 JUSTIFICATION This budget adjustment recognizes FEMA reimbursement per Project Worksheet RFJ160G for flood -related repairs to Frisco Trail. Division Hea Budget Dir-ctor Departmen Director Date Date Date . 94') t ", Finance irector Date Chief • Staff M-yor Account Name V -a/) - Date 0/61— Date Prepared By: John Nelson Reference: jnelson Budget & Research Use Only Type: A BCD EP General Ledger Date Posted to General Ledger Checked / Verified TOTAL BUDGET ADJUSTMENT Trail Maintenance Trans from Replacement Account Number 4470.9470.5420.00 4470.0947.6602.27 72,920 Initial Date Initial 72,920 Increase / (Decrease) Date Project.Sub Expense Revenue Number 72,920 02016 . 1103 72,920 02016 . 1103 K:101_Financial Services\Budget12012 Budget\TransportationlBudget Adjustments1BA Form 2012_02016.1103F 1 of 1 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/17/2012 City Council Meeting Date Agenda Items Only Engineering Division Action Required: Development Services Department A resolution awarding Bid #12-23 and authorizing a contract with Prime Contracting, Inc. in the amount of $168,772.75 for the repair of flood damage to a section of Frisco Trail, and approving a ten percent (10%) project contingency, and approving a budget adjustment. 185,650.00 Cost of this request 137,108.00 4470.9470.5420.00 $ Account Number 02016.1103 Project Number Budgeted Item X Category / Project Budget 3,450.00 Frisco Trail Repair Program Category / Project Name Trail Development Funds Used to Date Program / Project Category Name 133,658.00 Sales Tax Cap Imp Remaining Balance Fund Name Budget Adjustment Attached Department Director 3/3oIfz. Date Finance and Internal Services Director Chief .f S Date Date )14-01 Date / .�/i� Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Cily3-30-1 2 A08:28 RCVD Clerk's Office Received in Mayor's Office Comments: Revised January 15, 2009 v' a�el gle www.accessfayetteville.org CITY COUNCIL AGENDA MEMO THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE 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: March 30a', 2012 Subject: Frisco Trail Repair Award RECOMMENDATION: Staff recommends a resolution awarding Bid #12-23 and authorizing a contract with Prime Contracting, Inc. in the amount of S168,772.75 for the repair of flood damage to a section of Frisco Trail, and approving a ten percent (10%) project contingency, and approving a budget adjustment. PROPOSAL: In April of 2011, historic rains caused major flooding that resulted in the sliding of the hillside below a section of Frisco Trail just south of Center Street. The slope failure caused a large tree to fall along with a retaining wall and 6 feet of the 12 foot wide asphalt trail. Fortunately, half of the trail has remained opened to public during the time necessary for FEMA reimbursement, geotechnical engineering and design of a long lasting and cost effective solution. The design solution includes removing the fallen vegetation and compromised soil from the trail down to Tanglewood Creek. The contractor will then construct gabion baskets with native brown sandstone along the east edge of the creek to establish a solid base to reconstruct the hillside above. A new retaining wall matching the existing wall will then be constructed above the new structural hillside and new asphalt trail will be placed above the wall. A new drainage swale and storm drainage inlet will also be installed on the east side of the trail to prevent the water from crossing the trail and wall. The flooding that caused the slope failure was declared a natural disaster causing the failure, this project is eligible for reimbursement as a large project through the Federal Emergency Management Agency (FEMA). Upon completion of the project, FEMA will reimburse 75% of eligible expenses. The Arkansas Department of Energy Management will then reimburse 12.5%, leaving the City's portion at 12.5% of eligible expenses. THE CITY OF FAYETTEVILLE, ARKANSAS BUDGET IMPACT: Funds for the Frisco Trail Repair have been budgeted as part of the transportation capital improvement project for trail development. As mentioned, State and Federal disaster funds are expected to reimburse 87.5% of the eligible project cost, therefore the cost to the trails development program will be reduced substantially. Six bidders responded to the request for formal bids and Prime Construction, Inc. was the lowest responsive bidder - See attached bid tab. Second Nature Property Management, LLC had the lowest bid, however their bid was rejected due to submittal of incomplete bid documents. RESOLUTION NO. A RESOLUTION AWARDING BID #12-23 AND AUTHORIZING A CONTRACT WITH PRIME CONTRACTING, INC. IN A TOTAL AMOUNT OF $168,772.75 FOR THE REPAIR OF FLOOD DAMAGE TO A SECTION OF FRISCO TRAIL, 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 #12-23 and authorizing a contract with Prime Contracting, Inc. in a total amount of $168,772.75 for the repair of flood damage to a section of Frisco Trail. 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 17th day of April, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer r _______ iii' .-IiI'' — / / _11._._I '1L ______ Ho i — - _____ / I - - II / ,i 1 — q' Frisco Trail Repair 17 I I 4' I / / / / _ J 11 t ' f H / 0 30 60 120 180 240 300 Feet ii f a evii1e ARKANSAS Bid 12-23, Construction - Frisco Trail Repair DER. 1 Boulder Construction, Inc. BID: 12-23 DATE: 03/23/12 TIME: 2:00 PM CITY OF FAYETrEVILLE 1.4,W.CO .CO $ 197,160.00 2 Fotchman Enterprises, Inc. $ 221,371.00 3 Prime Construction, Inc. $ 188,772.75 4 Second Nature Property Management, LLC $ 158,444.00 5 Sweetser Construction $ 249,795.50 6 Township Builders, Inc. $ 220,706.00 'NOTICE: Bid award Is contingent upon vendor meeting minimum speciOcations and formai authorization by City officials. CERTIFIED: FOREN RAS O. PURCH AGENT pari.6400- /142 DA rt City Of Fayetteville Requisition No.: Date: 4/17/2012 Vii. Expected Delivery Date: • Vendor #: 2.7_02.1 New Vendor Vendor Name: Prime Contractors Inc Mall Yes:Z, No:_,••_ Address' Foes Paint. Taxable Yes_ No:_ Quotes Attached Yes: Nu: X City: Stats Zip Code: Ship to coda: 104 DM p}!e ah, ZbileeT....... Requester: Jahn Nelson Requesters Employee 1003 Extension: gx Wm Description Quantity Line of Issue Unit Cost Extended Cost Account Numbers Project/Subproject # Inventory# Fixed Asset # 1 2 3 4 5 6 7 8 9 10 Frisco Trail Repair1 J08 $165,772.75 5109,772.75 4470.0470.5420.00 02016.1103 Contract # Ed 012-23: Res. No. Special Instructions: Subtotal: Tax: Total: $168,772.75 $0.00 ¢'168.772.75 Approvals: Mayor: Finance Dispatch DeparIment Director: Budget Manager. Utilities Manager: Purchasing Manager. & Interval Services Director: Manager 17 Manager. Other Revised 8117103 ttv1lleRKM$A5 THE CITY OF FAYETTEVILLE, ARKANSAS A CONTRACT Reference: Bid 12-23, Construction — Frisco Trail Repair Owner: City of Fayetteville, Arkansas Contractor: Prime Contracting, Inc. Term: Single Project Contract Name/Title: FRISCO TRAIL REPAIR Contract No.: THIS AGREEMENT is dated as of thea?j day of /l4(C IN in the year 2012 by and between The City of Fayetteville, Arkansas and Prime Contracting, Inc. (hereinafter called Contractor). 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: Clearing & Grubbing of the damaged area, removal of unsuitable soil and rock to install rock gabion baskets and replace a section of the modular block retaining wall, replacement of the trail surface, and site restoration. More specifically, the project will require the following: 1. Mobilization/Demobilization 2. Clearing & Grubbing of vegetation in the damaged area. 3. Excavation of unsuitable soil down to rock or unyielding subgrade. 4. Rock excavation as necessary to install rock gabion baskets and fill with native sandstone. 5. Select Fill installation behind gabion walls and under the replacement section of modular block wall. 6. Installation of a storm drainage pipe and inlet. 7. Installation of a modular block wall including foundation rock, wall rock, drain pipes, geogrid, select backfill, fence foundation system, fence posts and wall cap. S. Placement of the concrete strip between the back of the modular block wall and the trail. City of Fayetteville 00500 - 1 Frisco Trail Repair DOCUMENT 00500 — AGREEMENT (continued) 9. Trail subgrade preparation and asphalt paving. 10. Site restoration including removal of temporary creek crossing, temporary trail detour, topsoil, select grading, sod and wildflower seed. 11. Fence reinstallation and repair. ARTICLE 2 - ENGINEER 2.01 The Project has been designed by the City of Fayetteville, Engineering Division, who is hereinafter called Engineer. The Engineer 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 90 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within 120 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 City of Fayetteville Bid 12-23, Construction — Frisco Trail Repair Page 2 of DOCUMENT 00500 — AGREEMENT (continued) delay (but not as a penalty) Contractor shall pay The City of Fayetteville Two Hundred Dollars ($200.00) 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 Two Hundred Dollars ($200.00) 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 FAYE 1 IEVILLE 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. 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. City of Fayetteville Bid 12-23, Construction — Frisco Trail Repair Page 3 of 9 DOCUMENT 00500 — AGREEMENT (continued) 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. 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. 90% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and 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. City of Fayetteville Bid 12-23, Construction — Frisco Trail Repair Page 4 of 9 DOCUMENT 00500 — AGREEMENT (continued) 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. 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 City of Fayetteville Bid 12-23, Construction — Frisco Trail Repair Page 5 of 9 DOCUMENT 00500 — AGREEMENT (continued) 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 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. City of Fayetteville Bid 12-23, Construction --- Frisco Trail Repair Page 6 of 9 DOCUMENT 00500 — AGREEMENT (continued) b. Contractor's Bid. e. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet beating the following general title: FRISCO TRAIL REPAIR 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 Bid 12-23, Construction — Frisco Trail Repair Page 7 of 9 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. 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 Bid 12-23, Construction — Frisco Trail Repair Page 8 of 9 DOCUMENT 00500 — AGREEMENT (continued) This Agreement will be effective on Agreement. PRIME CONTRACTING, INC. Name Written: Q iSbn Signature: �C•0 . C/ Title: ilte5;derk Attest P14 (SEAL) Address for giving notices `-?D Box 71!°t e u�1�c Mn, (06731` License No. (gc°$ C¢ Igo q Agent for Service of process (If Contractor is a corporation, attach evidence of authority to sign.) END OF DOCUMENT 00500 City of Fayetteville Bid 12-23, Construction — Frisco Trail Repair Page 9 of 9 , 20 j which is the Effective Date of the CITY OF FAYETTEVILLE, ARKANSAS Name Written: oneld Jord Signa Title: Ma (SEAL) Attestlanatux.., Address for giving notices 113 W. Mountain Street ``1„p1' I I u,,varr ••&q..; V� ¢ ¢ ° ¢ d• l3/�ppp o • ;23 FE FAYETfEVILLE Fayetteville AR. 72701 (attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) Approved o ' orm•, By: Attorney For: CORPORATE AUTHORIZATION RESOLUTION Liberty Bank By:PRIME CONTRACTORS INC National PO BOX 84 4625 S. National CLEVER,MO 65631 Springfield,M0 65804 Referred to in this document as "Financial Institution" Referred to in this document as "Corporation" I, SCOTT OLSON , certify that I am Secretary (clerk) of the above named corporation organized under the laws of MISSOURI Federal Employer I.D. Number 43-1733294 , engaged in business under the trade name of PRIME CONTRACTORS INC , and that the resolutions on this document are a correct copy of the resolutions adopted at a meeting of the Board of Directors of the Corporation duly and properly called and held on 9/21/2007 (date). These resolutions appear in the minutes of this meeting and have not been rescinded or modified. AGENTS Any Agent listed below, subject to any written limitations, is authorized to exercise the powers granted as indicated below: Name and Title or Position Signature Facsimile Signature (if used) A. SCOTT OLSON X4:Vv 41,6"...._ x B. X X C. X X D. X X E. X X F. X X POWERS GRANTED (Attach one or more Agents to each power by placing the letter corresponding to their name in the area before each power. Following each power indicate the number of Agent signatures required to exercise the power.) Indicate A, B, C, D, E, and/or F Description of Power (1) Exercise all of the powers listed in this resolution. A (2) Open any deposit or share accounts) in the name of the Corporation. A (3) Endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit with this Financial Institution. A (4) Borrow money on behalf and in the name of the Corporation, sign, execute and deliver promissory notes 1 or other evidences of indebtedness. (5) Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned or acquired by the Corporation as security for surns borrowed, and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and notice of non-payment. (6) Enter into a written lease for the purpose of renting, maintaining, accessing and terminating a Safe Deposit Box in this Financial Institution. (7) Other indicate number of signatures required 1 1 LIMITATIONS ON POWERS The following are the Corporation's express limitations on the powers granted under this resolution. EFFECT ON PREVIOUS RESOLUTIONS This resolution supersedes resolution dated CERTIFICATION OF AUTHORITY I further certify that the Board of Directors of the Corporation has, and at the time of adoption of this adopt the resolutions on page 2 and to confer the powers granted above to the persons named who the same. (Apply seal below where appropriate.) 0 if checked, the Corporation is a non-profit corporation. In Witness Whereof, 1 have subscribed of the Corporation on If not completed, all resolutions remain in effect. resolution had, full power and lawful authority to have full power and lawful authority to exercise my name to this document and affixed the seal Attest by One Other Officer M 1ee5, 1997 Bankers Systems, Inc., St. Cloud, MN Form CA•1 5/1/2003 9[211 (page 1 of 2) I111YWIVIVMMMI011111111111111IllYINWI111 Doc ID 014820380005 Type LIE Kind PERFORMANCE BOND Recorded: 06/04/2012 at 09:41:05 AM Fee Amt: $35.00 Paae 1 of 5 Washington County. AR Bette Stamps Circuit Clerk FileB031-00000228 PERFORMANCE BOND Conforms with The American Institute of Architects AI.A document No. A-311 KNOW ALL BY THESE PRESENTS: that Prime Contracting, Inc. P.O. Box 744 Republic, MO. 65738 11-12 Bond No. S413138 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, Employers Mutual Casualty Company (Here insert full name and address or legal title of Surety) P.O. Box 712 Des Moines, IA. 50303-0712 (515) 280-2511 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas (Here insert full name and address or legal title of Owner) 113 W. Mountain Street Fayetteville, AR. 72701 as Obligee, hereinafter called Owner, in the amount of One Hundred Sixty Eight Thousand Seven Hundred Seventy Two and 751100 ' Dollars ($ 168,772.75 ' •)• 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 with Owner for Frisco Trail Repair Fayetteville, Arkansas April 17 , 2012 , entered into a contract in accordance with Drawings and Specifications prepared by NIA (Here insert full name, address and description of project) (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract S-12191GEEF 10!99 Page 1 of 2 PERFORMANCE BOND S413138 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 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 the 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 Signed and sealed this 03rd day of M4A22 (Witness) 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. May , 2012 Prime Contracting, Inc. (Seal) (Principal) A. Pre5i'derH (Title) Employers Mutual Casualty Company (Seal) (Witness) (Surety) Callae J. Doty, Att�cley-ln,t (Title) S-12191GEEF 10199 , - Page 2 of 2 1 LABOR AND MATERIAL PAYMENT BOND Bond No. S413138 Conforms with The American Institute of Architects A.I.A. Document No. A-311 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL BY THESE PRESENTS: that Prime Contracting, Inc. (Here insert full name and address or legal title of Contractor) P.O. Box 744 Republic, MO. 65738 as Principal, hereinafter called Principal, and, Employers Mutual Casualty Comoanv (Here insert full name and address or legal title of Surety) P.O. Box 712 Des Moines, IA. 50303-0712 (515) 280-2511 - as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas (Here insert full name and address or legal title of Owner) 113 W. Mountain Street Fayetteville, AR. 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred Sixty Eight Thousand Seven Hundred Seventy Two and 75/100 -------------------. Dollars ($ 168,772.75. )• for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated with Owner for Frisco Trail Repair Fayetteville, Arkansas April 17 in accordance with Drawings and Specifications prepared by N/A 2012 , entered into a contract (Here insert full name, address and description of project) (Here insert full name and address or legal title of Architect) which contract is by reference made apart hereof, and is hereinafter referred to as the Contract. S-12201GEEF 10199 Page 1 of 2 LABOR AND MATERIAL PAYMENT BOND S413138 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: 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•perfonned 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 Signed and sealed this 03rd 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 be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. day of May , 2012 . (Witness) (Witness) Prime Contracting, Inc. (Seal) (Principal) (Title) Employers Mutual Casualty Company Seal (Surety) Callae J. Doty, (Title) S-12201GEEF 10199 Page 2 of 2 ��� '•; ti } a. 4 k.;L� S-. s T� Cy _ h l r '" ;. x t'' X �?,''S. ,w� k,k+,,y t 1" \ A'VEM a+V� rice on arues `f 4 3 PO Box 712 • Des Moines, IA 50306-0712 /l + r • r 7t i N CERTIFICAT :OF AUTHORITY INDIVIDUAL ATTORNEYIN FACT k , h ! d d�L MEN BY THESE PRESENTS; that E f ` .-:t";- 'v Dyers Mutual Casualty Companyan Iowa Corporation 5 •Dakota Fire Insurance Company,a North DakotayCorporatio o SC Insurance mpany, an Iowa Corporation 6 EMC. Property &'Casualty�Company, an tows ,'. Corporation (risrarance Coiixpany of Providence, an Iowa Corporation " , 7 Hampton Mutual Insurance Company, an Iowa Corporation z ; sENiCASCO Insurance Company, an Iowa Corporation ? psi Y�yxy ir�y #" L --` -'., • ; r' • g-, - -_' - » - - i � 7 -�:+ ti referredto severap as'Com an and collectively as Companies each does b these resents make constitute and appoint b yi max•; p yh y p y p p} 'L 5YOST,WILLIAM,L •SOUTHWORTH JR , GENEVA E. DUGGER,-WARD :MERRELL, CALLAEJ DOTY IEM LEONARDf{•BRANDI J -BRADLEY tTHOMAS A.`MO,NTILEONE DANIEL A CAVENDER kLORI ANN I]O13KINS : IDUALL`Y, SPf INGFIELD MISSOURI...::;:.{ ..................................... d lawful attorney-tn`-fact; with full power and authonty:conferred tosign, seal, and execute its (awful bonds undertakings and other obkgatory mstnlments of aru. •t "a_ r '*rn ^"3--, ys '-� -.. _ x., rcoler"• '', ', - r --.�gyT{,jS, areas folksws, fir. zti Fr a ' r ti l ANY AND ALL BONDS , T� �.,tiL,w "fir rk �^ si-{ � � �<-. �,. :.!ya _, ., r .•, ' -`' : -. - " r - --. ars-' -.._ ti. d�eacM�Gampany',thereby to.the same extent as if such instruments were'signed by the duly authorized officeis of each'such Company asxt all of f; said 'attomey'pursuent�to the authority hereby'given are hereby ratified and confirmed - - , � �'.L3 ♦ ;,}r.- �-r�i •, ,� .� $ .� -s ? qc'. ] �' ° 3 b -_ , .' � s x s i �'r `-c � .n r f '' �r�"� cs. �-�-�,s''.�, "��`"`��F 'ti'y,t't� � kr �' - � c x � r •..' roc � '` '°' F t- �,'` �' � i y � � '�4�. �� rity'hereby granted shall expire r ,r APRIL 01 2013_ _ unless sooner revoked a , r# <, f , f `ris y�a�. s -z is;a� '• r tr r z 1 > r f f 3,:., - <. •''S4 •���'ij G r �Sr y.�j1'�� � r AUTHORITY FOR POWER 4F ATTORNEY �° � �": � e��S,� ��*� ',t f�s�� �;"." , <x x,, .� - _ �' i, r s'wj �' �s --- . -. yt'"� .L""R .. '�.:� t --���e ly���t4�•%;r rt Attoley is�r�►ade ad exealted?pursuant to and by, the authonty of,thhefollowinj resolution of ttie Boards of t]irecto�s of each, of the,Com�aniesrat a scheduled meeting o eadi'cvmpany duly called and held m 1999: + rr ,. ' f , ' J, i�.l��„%a,:?.'t�rLF7ifiS 't?'f�f.��... .ti; ,)3. -. + _,,•-..'?�. .. .� _ .. �a. ._ .,. ':t••;.. ^. i„t. i.. ...-ra�_rS; :,4- - S.r +,.,�, Heys in tai and authonze'them •to execute on behalf of each Company and attach the seal of the Gompanytliereto,abondsand' redsof Indemnity and other writings obligatory in the nature` thereof, and (2) to remove any such attorney iri{fact at any time'andYevokei rm:or her3Attomeys-in-fact shall have power and authority; subject to the terms and limitations of the power -of attorney issued to them, f;theEompany and; to attach the seat of the Company thereto borldsLand undertakings, reoogntzances :contracts of indemnity anon ire thereof, and any such instrument executed by any .such attorney ;IMact shall be fully and in all respects binding upon thCompany r.� ny power -of attorney authorized herein made by an officer of Mutual Casualty Company)hall be fully and rn all respects facsimile or mechanically reproduced signature of such officer, whether made heretofore or'frereafferr wherever appeanng�upon}a 'ny of the Company shall be Valid and binding upon the Company with the same force and affect as though manually aftixedy tpanies haver caused' these presents to be signed for each by their officers as shown and the Corporate seals to he hereto affixed thrs4 J N_ i€JanuaN d { x 3ti (lr c * s9 k#=Z 4 ,j ,, a x .. t' _` % •.��_rr.x. � � 3rd • `r. , Bruce G Kelley hairrnanj7 J reyS: Birdsley ,` i co,ra� ��Pjr a ". of Companies 2 3; 4 5 8 S, President Assistant Secretary 140q+ q .` Q pP40q G - 0. - e 4r ; of Company 1 Vice Chairman and CEO o1Company7 • N rr.2' In �? � o `+s 's• Irt: L47 :. ,owl : f , z • 1`;A:' . ),�;`'�y yik� On this 18th day of JANUARY AD 2010 before me a4s v o'ep Cd Ot ,.9' •R q: % Notary Publican and for. the State of:Iowa „personally appeared Bruce G Kelley�andJeffrey S t ` f y. YF s r Birdsley, who, being by me duly sworn did say that they are, and are knows tame to be the, , EAL SEAL Chairman , President ,',Vice.Chairran ;and CEO; and/or ; Assistant Secretary respectively ofd.;,' , , each of The Companies above that the seals affixed to this instrument are r the seals of said a4Kp4, . ao,Nfs �os� • corporations; that said instrument was signed and sealed on behalf of each of the Companies .s • '.t , z : by authority of their respective .Boards -of. Directors; .and that the said Bruce G: Kelley and, c• r z r Jeffrey S. Birdsley, as such officers; acknowledge the execution ::oiin � -, : voluntary act and deed of each of the Companies UuG S' 't_ �v2}k r�f, My Commission Expires Octoberl6.2011 •� ", ter;:; .a "'L� ` €CHERYL•CROWNOVER A > (1 �1 �, �`rx' t_ , Coinmisslon Wuret;efr719064 x r 4 'a l� h MyComm. Exp. g ¢, 2011 k:, Y v" Notary Ptc in arid for the State of Iowa , :{ $" :: > .CERTIFICATE I; David L Hixenbaugh -Vice President of (he Companies do hereby certify that the foregoing resolution of the Boards of Directors by each of the k .. ,• `., �„ ¢. �. January 182010,�h. �an4 this Power ofA#tomayissued pursuant thereto on � I Ga ry L Yost;FWilham L: S6uthworth;-k` Geneva E. Dugger, Ward Merrell, Callae J Doty Bessie M Leonard, i �SltaddUra w f1lntmio8%rirmtltileone7Qaniel A. Cave der, Lori Ann Dobkins mony Whereof t have substnbed.my name and affixed the facsimile seal of each Company this03rdday of May 2012 Vti F�'F,fh - r ,fr d ,j2 - £ ,n" �. - - t �4,f7 f / ♦ .F y j°,♦ is , rl k • +;', •Vice -President, r-' '11- ACbR�� y CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 5/3/2012 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 Barker Phillips Jackson 1637 S Enterprise Ave PO Box 4207 Springfield MO 65804-4207 cON ACT NAME: Holly Hall PHONE (417)$873550 AlC x: (417)007-3252 a iss:1tha11@bP com CUSCUSTOMER .00009513 INSURERLS) AFFORDING COVERAGE NAIC N INSURED Prime Contracting Inc Ozark Development Services PO Box 744 Republic MO 65738 INSURERA:United Fire & Casualty Company 13021 INSURERB:ACCident Fund Insurance Company 10166 INSURER C: INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER:2011-2012 Master 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 L7R TYPE OF INSURANCE ADL SUBR POLICY NUMBER MM106Y♦YYW MMIDY EXP LIMITS A GENERAL LABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR X Contractual Liability 60352597 10/1/2011 10/1/2012 EACH OCCURRENCE $ 1, 000, 000 DAMAGE TO RENTED PREMISES Ea occcurrenea $ 100, 000 MEDEXP{Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE •L AGGREGATE LIMIT APPLIES PER! POLICY X PRO LOC PRODUCTS - COMPIOP AGG $ 2, 000, 000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 60352597 10/1/2011 10/1/2012 COMBINED SINGLE LIMrr (Ea accident) $ 1, ODD, DOD X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X X $ A X UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE 60352597U 10/1/2011 10/1/2012 EACH OCCURRENCE $ 2,000,000 [.]X AGGREGATE $ 2,000,000 DEDUCTIBLE RETENTION $ $ $ B WORKERS COMPENSATION AND EMPLOYERSLIABILITY ANY PROPRIETORJPARTNERIEXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 8005621 10/1/2011 10/1/2012 X WC STATU- I 0TH - E.L. EACH ACCIDENT $ 500 000 E.L. DISEASE - EA EMPLOYE $ 500 000 E.L. DISEASE - POLICY LIMIT $ 500 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Ref: Frisco Trail Repair, Fayetteville, AR. The Certificate Holder is an additional insured for General Liability when required by written contract. 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, Arkansas 113 W. Mountain Street Fayetteville, AR 72701 AUTHORIZED REPRESENTATIVE Holly Hall/HJH ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights r s"ai"rr^s IN S025 (200909) The ACORD name and logo are registered marks of ACORD ,` •City of Fayetteville Staff Review Form • City Council Agenda Items and Contracts, Leases or Agreements N/A City Council Meeting Date Agenda items Only Matt Mihalevich Engineering Development Services Submitted By Division Department $ 729,09 $ 210,028.00 Frisco Trail Repair- FEMA Flood 2011 Cost of this request Category 1 Project Budget Program Category 1 Project Name 4470.9470.5420.00 $ 173,702.75 Trail Improvements Account Number Funds Used to Date Program I Project Category Name 020161 1103 $ 36,325.25 Sales Tax Capital Improvements Project Number Remaining Balance Fund Name Budgeted Item ^ l Budget Adjustment Attached �lIjW(, Department e�ctor �' Date "� City rney Date �4 0. ,` tc •13-2. i z Finance and Internal Services Director Date 4:; 4464L_ _____ Previous Ordinance or Resolution # 71-12 Original Contract Date: Original Contract Number: 10-23-12A1O:03 RCVG Received in City Clerk's Office /ENTREO\ Received in Mayor's Office Revised January 15, 2009 • LaylleVleARKANSAS MEMO To: Mayor Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer From: Matt Mihalevich, Trails Coordinator Date: October 16th, 2012 Subject: Frisco Trail Repair -- Reconciliation Change Order RECOMMENDATION: • THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Staff requests approval of a reconciliation change order with Prime Contracting, LLC in the amount of $729.09 to the original contract amount of $168,772.75 for the addition of a 4" drainage system necessary control seep water runoff. The revised final contract amount of $169,501.84 falls within the 10% project contingency approved by Resolution #71-12 for the award of Bid #12-23 and contract with Prime Contracting, LLC. PROPOSAL: In April of 2011, historic rains caused major flooding that resulted in the sliding of the hillside below a section of Frisco Trail just south of Center Street. Prime Contracting, LLC was awarded the contract for repair and has now completed the work and trail is now safe and secure for the public. Due to the difficult site conditions after the slope failure, it was not possible to obtain precise quantities prior to removal of the damaged soil and vegetation. This resulted in increases and decreases in several of the contract quantities as listed in attachment I of the reconciliation change order. In addition, seeping ground water was discovered when the site was excavated down to the shale layer. To insure this water would not saturate the new fill layers and retaining wall above, a 4" drain pipe and clean rock was installed for $960.00. BUDGET IMPACT: The Reconciliation Change Order will increase the original contract amount of $168,772.75 by $729.09 for an amended final contract price of $169,501.84. The City Council approved a 10% contingency and the revised contract amount easily stays within the contingency. Funds for the Frisco Trail Repair have been budgeted as part of the transportation capital improvement project for trail development. State and Federal disaster funds are expected to reimburse 87.5% of the eligible project cost, therefore the cost to the trails development program will be reduced substantially. • • City of Fayetteville Reconciliation Change Order Project Title: Frisco Trail Repair Contract No. Bid 12-23 P.O. # 12-0227 Contractor: Prime Contracting, Inc. October 16,2012 Contract Date: April 17, 2012 The following changes are hereby made to the contract documents: Additions: 1.) Addition ofa 4" drain system installed at the shale layer prior to placing select fill under the block retaining wall. Create pay item CO I in the Linear Foot amount of $8.00 for a total of 120 linear feet and contract adjustment of $960.00. 2.) Reconciliation of contract quantities to match in place quantities — see attachment I Justification: 1.) Once the shale layer was exposed, staff observed seeping water between the proposed fill layer and top of shale. To prevent saturation of the new fill layer, a 4" perforated drain pipe with clean rock was installed and directed to the creek. 2.) Due to the difficult site conditions of the slope failure, precise quantities were difficult to estimate prior to construction. The quantities were increased and decreased as site conditions dictated. CHANGE TO CONTRACT PRICE Original Contract Price: $ 168,772.75 This reconciliation change order will increase contract by: $ 729.09 Final contract price will be: $ 169,501.84 CHANGE TO CONTRACT TIME The final completion contract time will be extended by 3 calendar days due to unforeseen conditions. The new date for completion of all work under the contract will be -September 12th2012 APPROVALS REQUIRED 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 required under the terms of the General Conditions of the Contract. Requested by-,-c- Matt Mihalevich, Trails Coordinator Recommended By &k--- Chris Brown, City Engineer Approved by Contr Approved by Mayo Date Date 1o/Zz/ Date /O -IT -/A Date ! f' 9 ATTACHMENT 1 - RECONCILIATION CHANGE ORDER October 16, 2012 Frisco Trail Repair ORIGINAL ORIGINAL FINAL FINAL ORIGINAL FINAL ITEM CONTRACT UNIT UNIT CONTRACT CONTRACT CONTRACT NUMBER DESCRIPTION UNIT QUANTITY PRICE PRICE QUANTITY AMOUNT AMOUNT 1 Trench and Excavation Safety Systems LS 1 $3,852.50 $3,852.50 1.00 $ 3,852.50 $ 3,852.50 2 Clearing & Grubbing 1.5 1 $4,545.12 $4,545.12 1.00 $ 4,545.12 $ 4,545.12 3 Unclassified Excavation (includes removal of CY unsuitable soil to a depth of rock or unyeilding Truck subrgrade as directed) Yards 1,878 $12.70 $12.70 2,080.00 $ 23,850.60 $ 26,416.00 4 Select Fill (Includes select embankment for the CY geogrid zone, under the wall and behind the gabion Truck wall) Yards 1,171 $15.05 $15.05 1,363.00 $ 17,623.55 $ 20.513.15 5 Rock Excavation (Includes all necessary rock removal for placement of gabion oaskets and wall foundation as shown on the plans) CY 58 $79.00 $79.00 30.00 $ 4,582.00 $ 2,370.00 6 6" Topsoil Placement & Select Grading SY 387 $9.59 $9.59 387,00 $ 3,711.33 $ 3,711.33 7 18" HOPE Storm Sewer Pipe LF 35 $76.14 376.14 48.00 $ 2,664.90 $ 3,654.72 8 4' x 4' Precast Area Inlet with Beehive Frame and Grate EA 1 $2,956.25 $2,956.25 1.00 $ 2,956.25 $ 2,956.25 9 6" Class 7 Base (Includes Temp. Trail) SY 266 $3.95 $3.95 305.45 $ 1050.70 $ 1,206.53 10 3" ACHM SC PG64-22 112 N MAX 160 Ton 25 5312.00 $312.00 28.35 $ 7,800.00 $ 8.845.20 11 Solid Sod (Fescue) SY 200 $5.62 $5.62 200.00 $ 1,124.00 $ 1,124.00 12 Solid Sod (Staked) (Bermuda) SY 187 $5.93 $5.93 187.00 $ 2,108.91 $ 1,108.91 13 Erosion control LS 1 $1,125.00 $1,125.00 1,00 $ 1.125.00 $ 1,125.00 14 Mobilization (not to exceed 5% of contract price) LS 1 $4,500.00 $4,500.00 1.00 $ 4,500.00 $ 4,500.00 15 Modular Block Retaining Walls w/Strata SG 200 Reinforcing Grid SFSA 908 $24.43 $24.43 868.00 $ 22,182.44 $ 21,205.24 16 Galvanized Gabion Baskets with Sandstone CY 300 $139.52 $139.52 259.00 $ 41,856.00 $ 36,135.68 17 Fence Installation and Repair (4' Tall Black Vinyl Chain Link Fence) (Existing fabric may be reused). LF 285 $20.20 $20.20 255.00 $ 5,757.00 $ 5,151.00 18 New Fence Posts and Foundation System EA 9 $4Q9.69 $409.69 13.00 $ 3,687.21 $ 5,325.97 19 4" Concrete Strip SV 64 $76.82 $76.82 64.60 $ 4,916.48 $ 4,916.48 20 Temporary Creek Crossing & Trail Detour LS 1 $5,678.76 $5,678.76 1.00 $ 5,678.76 $ 5,678.76 21 Insurance & Bonding LS 1 $4,200.00 $4,200.00 1.00 $ 4,200.00 $ 4,200.00 co -,- 4" Drain System in shale layer i LF 38.00 120.00 $ - $ 960.00 TOTALS $ 168,772.75 169,501.84 P,, C *,djq Pry Eri SFwlq 2102 r-1 LJ '�t1ye VENDOR NO. 22021 Prime Contracting Inc PO Box 744 Each Package Must Be Marked Exactly Aa Shown Hate City of Fayattovillo, Arkalgas DATE 4/24/12 PURCHASE ORDER # 12-0000227-001 Republic MO 65738 FOB Fyv OofUnit ryy TERMS NET 30 DAY . at Rsoe)vod Accocu TNwnher and Unit Price TOTALS Issue 1.00 JOB a) Frisco Trail Repair 168772.75 168772.75 Per Bid # 12-23 Res #71-12 Contract #2243 4470.9470.5420.00 020161103 Change Order Please add line item S) Contract Change Order #1 - $729.09 4470.9470.5420.00 02016/1103 SHIP TO: Transportation Dept 1325 S Happy Hollow Rd Fayetteville AR 72701 Nelson, ! DEPARTMENT VERIRCAn0N ADOmoNAL APPROVAL RECEIVED Vl l t,1 12. CHECK I DEPT HEADAPPROVAL,4)/'//.DOES NOT MEET PURCHASING POLICY AMOUNT TO PAY $ CONTRACT PAYMENT OTHER NPVEAIFICATION APPAONED BY PURCHASING VERIFICATION PRICE CHANGEVERIRCATION PROJECT # THIS PAYMENT $ PREVIOUS PAYMENT(S) S RETURN CHECK TO TOTAL PYMT(Sy s SEND COPY TO BALANCE s DEPT COPY Sales Tax Total: $.00 ase Order Total: 168772.75 . . Frisco Trail Repairs Fayetteville, AR Pay Application No. 3 Sep -12 for Prime Contracting, Inc. QUANTITY BILLING THIS ITEM NO. THIS INVOICE UNIT PRICE PERIOD 1 0 - 2 0 - 3 64 12.70 812.80 4 112 15.05 1,685.60 5 0 - 6 143 9.59 1,371.37 7 48 76.14 3,654.72 8 1 2,956.25 2,956.25 9 198.45 3.95 783.88 10 28.35 312.00 8,845.20 11 200 5.62 1,124.00 12 187 5.93 1,108.91 13 0.25 1,125.00 281.25 14 0.5 4,500.00 2,250.00 15 0 - - 16 0 - - 17 255 20.20 5,151.00 18 0 - 19 64 76.82 4,916.48 20 0 - 21 0 - SUBTOTAL THIS BILLING 34,941.46 ADDITIONAL WORK: Add for additional 4" drain system installed @ shale layer prior to placing select fill under block retaining wall as requested by city. 120 If @ $8.00 - $960.00 'L -11,Q- 11-12 ACGR D® CERTIFICATE OF LIABILITY INSURANCE I9/27/2012 ) 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 Barker Phillips Jackson 1637 S Enterprise Ave PO Box 4207 Springfield MO 65804-4207 CONTACT Holly Hall NAME: PHONE (417) 887-3550 FAX 1417}8$7-3252 E-MAIbsh1@bPj.com INSURERS AFFORDING COVERAGE NAIC N INsuRERA:United Fire & Casualty Company 3021 INSURED Prime Contracting Inc Ozark Development Services PO Box 744 Republic MO 65738 INSURER B' Accident Fund Insurance Company 0166 INSURER C: INSURER D; INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER:2012-2013 Master 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 AL BR POLICY NUMBER PEFF MUCY POIEXP DDI UMIT5 GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000 A X COMMERCIAL GENERAL LIABILITY j CLAIMS -MADE a OCCUR 60352597 10/1/2012 10/1/2013 DAMAGE TO TED PREMISES oCmi S 100, 000 MED EXP one pson $ 5, 000 PERSONALSADVINJURY $ 1,000,000 X Contractual Liability GENERAL AGGREGATE $ 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2, 000, 000 POLICY X PRO LOG $ AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT (Eaaccidenfl $ 1,000,000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED11 SCHEDULED AUTOS U AUTOS 60352597 0/1/2012 0/1/2013 BODILYINJURY(Paraccident) $ X HIRED AUTOS X NON -OWNED TOS PROPERTY �PEDAMAGE $ Uninsured motorist BI -sin le $ X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 2, 000, 000 AGGREGATE S 2, 000, 000 A EXCESS UAB CLAIMS -MADE DED I RETENTIONS 60352597U 10/1/2012 10/1/2013 B WORKERS COMPENSATION EMPLOYERSLIABILITY Y IN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N/A 8Q05621 10/1/2012 10/1/2013 XI WC STATU- I IOTp4- 1ToRYIIMITsIAND E.L. EACH ACCIDENT S 500 000 E.L. DISEASE - EA EMPLOYE $ 500 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Ref; Frisco Trail Repair, Fayetteville, AR. The Certificate Holder is an additional insured for General Liability when required by written contract. �11-V2---, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fayetteville, Arkansas ACCORDANCE WITH THE POLICY PROVISIONS. 113 W. Mountain Street AUTHORIZED REPRESENTATIVE Fayetteville, AR 72701 Holly Hall/HJH 7 S ACORD 25 (2010105) INS025 (201006).01 © 1988-2010 ACORD CORPORATION. All rights The ACORD name and logo are registered marks of ACORD