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HomeMy WebLinkAbout92-12 RESOLUTIONRESOLUTION NO. 92-12 A RESOLUTION AWARDING BID #12-33 AND AUTHORIZING A CONTRACT WITH CENTER POINT CONTRACTORS, INC. IN THE AMOUNT OF $37,410.00 FOR THE CONSTRUCTION OF ST. JOSEPH PARK, .APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY, AND APPROVING A BUDGET ADJUSTMENT OF $14,361.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #12-33 and authorizes a contract with Center Point Contractors, Inc. in the amount of $37,410.00 for the construction of St. Joseph Park. 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 in the amount of $14,361.00, a copy of which is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 15th day of May, 2012. APPROVED: LI 1 ELD ,IOC, Mayor ATTEST: By: 5140 SONDRA E. SMITH, City Clerk/Treasurer RWT��'% • 01 Y OA - r ;FAYETTEVILLE; City of Fayetteville, Arkansas Budget Adjustment Form V11.0425 Budget Year 2012 Division: Parks & Recreation Department: Parks & Recreation Request Date Adjustment Number 4/19/2012 BUDGET ADJUSTMENT DESCRIPTION 1 JUSTIFICATION Partial funds that will not be utilized in the Mt. Sequoyah Pavilion project are requested to be transferred to St. Joseph Park for park improvements. Division Head Date Budget Director epartment �' or Fi : nce Director l%A Ch -f of S,. 41 /J11�;�� OL, • Ma or y 2 Date Prepared By: Reference: kspringer Budget & Research Use Only fir/g 2- Type: A BCD E P Date `t - 23-241-L General Ledger Date Date 23 /3- Posted to General Ledger Date Initial Date / Checked / Verified Date Initial Date TOTAL BUDGET ADJUSTMENT Account Name Park improvements Park improvements Increase / (Decrease) Project.Sub Account Number Expense Revenue Number 2250.9255.5806.00 (14,361) ._02045 , 0901 2250.9255.5806.00 14,361 • 02013 . 0002 K:IFinancial Services&BA's 2012102013 St. Joseph 4-19-2012 1 of 1 c Alison Jumper cA Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 5/15/2012 City Council Meeting Date Agenda Items Only Park Planning Division Action Required: Parks and Recreation Department Approval of a resolution awarding Bid #12-33 and approval of a contract with Center Point Contractors, Inc. in the amount of $37,410 with a 10% project contingency of $3,741 for a total project cost of $41,151 for the Construction of St. Joseph Park and approval of a budget adjustment in the amount of $14,361 from Parks Development Funds. 41,151.00 Cost of this request 2250.9255.5806.00 Account Number 02013.2 Project Number Budgeted Item X 27,165.00 Category / Project Budget Parks Development Program Category / Project Name 375.00 Neighborhood Park Development Funds Used to Date Program / Project Category Name $ 26, 790.00 Parks Development Capital Remaining Balance Fund Name Budget Adjustment Attached X e4..,l partment Director Finance and Internal Services Director 4/:qt- , -Date 4423-42— Date 1-73.2oi2,* Date Date Dte Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: u4 -20-12p04:07 RCVD Received in City Clerk's Office Received in Mayors Office Comments: Revised January 15, 2009 av'�`re. evLle THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director From: Alison Jumper, Park Planning Superintendent j Date: April 25, 2012 Subject: Bid #12-33, Construction of St. Joseph Park Agenda Request for May 15, 2012 Meeting PROPOSAL: St. Joseph Park was received through the Park Land Dedication Ordinance in 2004 and is approximately 0.18 acres. The park is located at 311 E. Lafayette in the Washington Willow neighborhood adjacent to the former St. Joseph Church. The park master plan concept was created by the Washington Willow Neighborhood Association who also raised approximately $10,000 to contribute to the construction costs of the park. The project includes the construction of a block retaining wall, three brick and concrete terraces, entry sign, seating area and landscaping. If approved, construction will begin in June and be complete August. Four bids were received including Benchmark Construction Co., Center Point Contractors, Inc., General Construction Solutions, Inc. and SSI, Inc. of NWA with Center Point Contractors, Inc. being the low bidder in the amount of $37,410. If approved, the project will begin in June and is anticipated to be complete in August. RECOMMENDATION: Staff recommends approval of a resolution awarding Bid #12-33 and approval of a contract with Center Point Contractors, Inc. in the amount of $37,410 with a 10% project contingency of $3,741 for a total project cost of $41,151 for the Construction of St. Joseph Park and approval of a budget adjustment in the amount of $14,361 from Parks Development Funds. BUDGET IMPACT: This project is funded with Park Development Funds. Total project cost including a 10% project contingency is $45,151. Attachments: Bid Submittal — Center Point Construction Bid Tabulation Budget Adjustment RESOLUTION NO. A RESOLUTION AWARDING BID #12-33 AND AUTHORIZING A CONTRACT WITH CENTER POINT CONTRACTORS, INC. IN THE AMOUNT OF $37,410.00 FOR THE CONSTRUCTION OF ST. JOSEPH PARK, APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY, AND APPROVING A BUDGET ADJUSTMENT OF $14,361.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #12-33 and authorizes a contract with Center Point Contractors, Inc. in the amount of $37,410.00 for the construction of St. Joseph Park. 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 in the amount of $14,361.00, a copy of which is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 15th day of May, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer , • AGREEMENT BETWEEN CITY OF FAYETTEVILLEcAND CONTRACTOR THIS AGREEMENT is dated as of the I5- day of t i in the year 2012 by and between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and Center Point Contractors, Inc. (herein after called CONTRACTOR). CITY OF FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The work generally consists of the construction of terraced seatwalls, entry sign, concrete sidewalks and plaza, minor irrigation work and associated site work at St. Joseph Park and all items indicated in the Drawings and Specifications. Article 2. PROJECT MANAGER. The Project has been designed by City of Fayetteville Parks and Recreation Department 1455 South Happy Hollow Road Fayetteville, Arkansas 72701 will be hereinafter called PARKS AND RECREATION DEPARTMENT PROJECT MANAGER and who is to act as CITY OF FAYETTEVILLE's representative, assume all duties and responsibilities, and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract documents. Article 3. CONTRACT TIME. 3.1. The Work for Construction of St. Joseph Park shall be substantially completed within 45 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraphs 14.07.E & C of the General Conditions within 60 consecutive calendar days after the date when the Contract Time commences to run. 3.2. Liquidated Damages. CITY OF FAYETTEVILLE and CONTRACTOR recognize that time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will suffer financial Toss if the Work is not completed within the times specified in paragraph 3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by CITY OF FAYETTEVILLE, CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY OF FAYETTEVILLE shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1. For all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. PAYMENT ITEMS As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.B of the General Conditions. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in the General Conditions. 5.1. Progress Payments. CITY OF FAYETTEVILLE shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, on or about the lst day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02 . All such payments Center Point Contractors, Inc. ITEM# DESCRIPTION UNIT EST.OTY. UNIT PRICE TOTAL 1 Mobilization (not to expead 5% ofproject bid) (1) LS. 1 81,450.00 81,450.00 2 Bonds and insurance L.S. 1 51,135.00 51,13500 3 Site preparation - including tree protection fencing, straw wattles and relocation of speed limit sign (3) LS. 1 51,375.00 51,375.00 4 Sakaga and replete Iwo existing tike racks LS. 1 5475.00 8475.00 5 Brick entry sign • compete in place per details (5) (7) (6) LS. 1 58,150.00 56,150.00 8 Brick seatwalls - compete In Pete per details (5) (7) (e) S.F. FACE 175 530.00 85,250.00 7 Unclassified excavation (2) (5) C.Y. 20 535.00 5700.00 8 Modular dock retaining wall 0 to 5.5 foot tag crchrding wall, gravel, geogrid, drainage pipe and footings - compete in place per details and manufacturer's ktstrtrckns (5) (7) (8) S.F. FACE 290 530.00 58,700,00 9 Benches - complete it place per detals (5) (8) (7) EA. 1 51,110.00 51,110.00 10 Ornamental steel fence - complete in pace (5) (6) (7) LF. 16 872.00 51,152.00 11 Film reinforced concrete area (4 -inch thickness) - compete In pace per details (5) (7) S.Y. 32 538.00 51,216.00 12 plaza Fiber reirnforced concrete sidewalk with steps (4 -inch thickness -complete in pace per details (5)(7) S.Y. 38 585.00 53,060.00 13 Lave ddb augustitofia hidcote - 3 gat.mrnplele in place (5) EA. 10 522.50 822500 14 Calamagrotis x acutilbra'Kark Foerster - 3 gaL' complete in piece (5) FA 15 827.50 5412.50 15 Irrigation ad'pa n.nta LS. 1 $2,500.00 52,500.00 15 Landscaping rock 3/4-- chocolate river gravel C.Y. 2 515000 8300.00 17 Sale restoration - including 44nth depi topsoil, fescue sad and water (9) (10) AC. 0.04 555,00000 52,2013.00 TOTAL BID AMOUNT 537,410.50 As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.B of the General Conditions. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in the General Conditions. 5.1. Progress Payments. CITY OF FAYETTEVILLE shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, on or about the lst day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02 . All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, less the aggregate of payments previously made and Tess such amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 95 percent of Work completed (with the balance of 5 percent being retainage), If Work has been 50 percent completed as determined by the PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and if the character and progress of the Work have been satisfactory to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to CITY OF FAYETTEVILLE as provided in paragraphs 14.02.8.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.6 & C of the General Conditions, CITY OF FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in said paragraphs 14.07.B & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce CITY OF FAYETTEVILLE to enter into this Agreement CONTRACTOR makes the following representations: 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by CITY OF FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given PARKS AND RECREATION DEPARTMENT PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between CITY OF FAYETTEVILLE and CONTRACTOR concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 7, inclusive). 7.2. Performance and Payment Bonds, (Exhibits A and B respectively). 7.3. Certificates of Insurance, (Exhibit C). 7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit 0). 7.5. General Conditions (pages 1 to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 13 inclusive). 7.7. Specifications consisting of Divisions 1 through 32 as listed in table of contents thereof. 7.8. Addenda numbers 1-2, inclusive. 7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered two through ten with each sheet bearing the following general title: Construction of St. Joseph Park. 7.10. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.10.1. Notice to Proceed 7.10.2 All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. CITY OF FAYETTEVILLE and CONTRACTOR each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. City contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, CONTRACTOR will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-501 through 508) prohibits the filing of any mechanics' or materiaimen's liens in relation to this public construction project. Arkansas law requires and the Contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment of labor or materials on the bond. The Contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and one counterpart has been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by CITY OF FAYETTEVILLE and CONTRACTOR or identified by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER on their behalf. This Agreement will be effective on Tall IC Effective Date of The Agreement). 0 CITY OF FAY �- EVILLE. By: M- or [CORPORATE SEAL] �1111111111lff7/��, ....wTRE..... GX1 Y Op •• ar FAYETTEVILLE• 1 ',.h1.gRKANSQfie ,,yING'....,,,, Secretary. Address for giving notices , 2012 (which is the CONTRACTOR [CORPORATE SEAL] * If a Corporation, attest by the Address for giving notices (If CITY OF FAYETTEVILLE is a public body, attach License No. evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement.) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) Wttvi1ee Project Check List Bid 12-33, Construction of St. Joseph Park This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. pi5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) - In lieu of a bid bond, the bidder may submit a cashier's check for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR. KA All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. All bidders shall submit the following forms with each bid: Bid Form, Debarment Certification Form, & Statement of Disclosure. [---- All Danes provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents. H4 - II bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractors License Number. City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME: G 4N. i-er Pin Prti- S ARKANSAS CONTRACTOR'S LICENSE #: 019' LGO 3 S City of Fayetteville Bid 12-33, Construction of St Joseph Park April 2, 2012 Bid 12-33, Addendum 1 Date: Thursday, April 12, 2012 To: All Prospective Vendors From: Andrea Foren Rasco, CPPB, CPPO - 479.575.8220 - aforenaci.fayetteviiie.ar.us RE: Bid 12-33, Construction of St. Joseph Park aye ev! This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Form of Proposal. Failure to do so may subject bidder to disqualification. Addendum should be attached to the inside cover of the bidding documents, signed, and dated. Bid 12-33, has the following modifications and clarifications: 1.) Sheet 12 of 12 of the Drawings is replaced with the revised sheet. 2.) Minutes from the pre-bid meeting that was held on Tuesday, April 10, 2012 are attached as well as the sign in sheet and plan holders list. City of Fayetteville, Arkansas Bid 12-33, Addendum 1 Page 1 of 1 Acknowledge Addendum #1: Printed Name: R;e,Larci ur i.Q. y Signature: Title: Es/4.14;6r / PM Date: Y/!16/ 2.ot 1 Company: Gr.%44- P # Gdwi4'4z10r3,14ir Bid 12-33, Addendum 2 Date: Monday, April 16, 2012 To: All Prospective Vendors From: Andrea Foren Rasco, CPPB, CPPO – 479.575.8220 – aforen aci.fayetteville.ar.us RE: Bid 12-33, Construction of St. Joseph Park aye ev le This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Form of Proposal. Failure to do so may subject bidder to disqualification. Addendum shall be attached to the inside cover of the bidding documents, signed, and dated. Bid 12-33, has the following modifications and clarifications: 1.) Bid item number 11, 32 SY of fiber reinforced concrete plaza refers to the area above the modular block retaining wall on the east side of the.property. 2.) The City will provide 111 engraved pavers for the seatwalls. All other bricks and pavers and labor for installing ALL bricks and pavers including the pavers provided by the City shall be included in the bid price. City of Fayetteville, Arkansas Bid 12-33, Addendum 2 Page 1 of 1 Acknowledge Addendum # 2: Printed Name: R;ch. i1 - Signature: .e,* Title: Ph Date: Ai- I$ -2o,2 Company: Can f er Po »>} Go.4r'citctrS, I„r. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville. AR 72701 I City of Fayetteville Bid 12-33, Construction of St. Joseph Park Statement of Disclosure (please submit with Bid) ATTENTION: Please submit this form with your bid DISCLOSURE STATEMENT: Bidder must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Your response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: X 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain) PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR BID: 1.) I, as an officer of this organization, or per the attached letter of authorization, am duty authorized to certify the information provided herein are accurate and true; and 2.) My organization shall comply with all State and Federal Equal Opportunity and Non - Discrimination requirements and conditions of employment R.; e.Ld,-d 6 4+,r1 �.r J Printed Name _..,��� Signed City of Fayetteville Bid 12-33, Construction of St. Joseph Park Page 00 21 17-1 April 2, 2012 City of Fayetteville Bid 12-33, Construction of St. Joseph Park Certification of Debarment — THIS FORM NEEDS TO BE SUBMITTED WITH EVERY BID ATTENTION: Please submit this form with your bid. As A BIDDER on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Debarment: Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Your signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME: D.,i (AL 0,-1 13c. r : y COMPANY: C. s4 f C r- Pe); I- / lie. PHYSICAL ADDRESS: IO .5! (o E s !- Via y. 71 Q evvilpri O(I dR 72T12 MAILING ADDRESS: 1O3Ito Ems4,1 7 2 1 0t) 111 / ! 12 7%71' PHONE: 475- k210 ` 7_373 FAX: t{74` 1{51- $O3c7 EMAIL ( bur 1e:yln..0C.6.4+6 pe:.1f C.ow.fre..cf-erS. eOw+. SIGNATURE: DATE: q`�-- City of Fayetteville Bid 12-33, Construction of St. Joseph Park Page 00 21 19-1 April 2, 2012 1 Bid # 12-33, Construction of St. Joseph Park Total Base bid - $37,410.00 ` $-- 2or2, Section 00 41 13 BID FORM Item Estimated Unit Dcscripdon of Item Unit Price Total Amount No. 1 1 Lump Sum Mobilization - (not W exceed 5% of total bid) T&ouse....1 Uwxf/s.i dofiars amount written in words 2 1 Lump Sum Bonds and Insurance Oft Tho..sw..d Orwe O.atLgJ TfV.?J A Je- dollars amount written in words site preparation - Including tree protection fencing, straw watitea and relocation of speed 3 1 Lump Sum limit sign Dews Tkeu5a4 TI -ree 114..I SIV041I r.Medollars amount written in words 4 1 Lump Sum Salvage and replace two existing bike racks Fol,�r l4�tw.1le4 5eveb$+Y F+t dollars amount written in words Brick entry sign - complete In place per 5 1 Lump Sum details 5 : x o„ a e. a..aJ /5 fF f+-/ dollars amount written in words 8 176 S.F. Face Brick seatwalts - complete In place per details Eve Tl«1S a..,J T•a o 1& i ,%J e l Fihy dotien, amount written in words %( lrysv1 )I.s. $ I,Ygo' in figures in figures $( I 1 s5 "s )Ls. $ 1.1 75 9' in figures in figures I,375- JLS. $ 113 75'' In figures in figures ${ y 751 yLs. $ q75 in figures In figures $( (v, I5O YLs. $ b.15O in figures infigures S( 3OiIS.F.F. $ in figures in figures 7 20 Cubic Yards Unclassified excavation S eve Lk N .-4 dollars $( 3 )C.Y. $ 7 A) amount written in words in figures in figures Modular block retaining wall Including wall o - 5.5' tall, gravel, gaogrtd, drainage pipe and 8 280 S.F. Face footings /- complete In place per details tL ►a k+ f s[A.,aSri...1 S eilen kyonl ..1/daltars $( 3Q YS.F.F. $ amob written in words in figures in figures 9 1 each Benches- complete in place per details V& a Tko1 .54 Due I444IIJf4 :L.A dollars amount written in words It) 16 Lhrosr Feet Ornamental Steel Fence -complete in place �bte. flu,..!arh� Due 9.j"i F 4 Ty►' dollars amount written in words s( IgIfO`puEA $ [,I1c m figures In figures S( 72/..6 )LF in figures Fiber reinforced concrete plaza area (4 -Inch 11 32 Square Yards thickness t) - compiste! In place per details Owe &.s r YO0 I —,mole >et c x>Feert dollars $( 3800 )/S.Y. amount written in words In figures This bid form continues on the next page... City of Fayetteville Bid 12-33, Construction of St. Joseph Park Page 00 41 13-1 ,llgures 15 $ in figures April 2, 2012 BID FORM Continued Item Estimated Unit No. Quantity _.., -----...,_.— Description of Item Unit Price Total Amount Fiber reinforced concrete sidewalk with steps (4 -Inch thickness) - complete In place per 12 36 Square Yards details flwe rlao 4s.4 5; 7L �1 dollars $1 $5 ys.Y. 5 30 (v0' amount written in words In figures in figures Lavendula auguslifolia hlcote-3 gal. - 13 10 Each complete In place r t&)o UwraJr Tu. (1_�•_y.e_ dollars st �•'z. s� oe yEA amount written In words 1 in figures in figures Calamagrotla x aculiflors'Karl Foerstee -3 14 15 rf Each(gal. compete In place FdKtl"' +1kkJ-req Tr.raclL/ e- dollars amount written In words irrigation adjustments- complete In place per 15 1 Lump Sum drawings 1)o T liou 5 aesiJ r c!e 1.1 titil•J dollars amount written i 18 2 Cubic Yards Landscape Rock 314"- chocolate river gravel ' Vkd"c . I+fL o4 Jfr .51 dollars amount written In words Site restoration - Inicudhig 4- depth topsoil, 17 0.04 Acre fescue sod and water /r T) 0 t t4.Drs.S ....J T. -J O r.w�.5,+r`t dollars amount written in words s(1.7.S6 > $ In figures in figures )LS. $ in figures in gures $( 15©dQ )C.Y. $ 3 De>'r"=' in figures m figures $(5 5, &')Inc. s *) od in figures in ures The Bidder shall state the price bid in words and figures (written in ink or typed) for each pay Item, and the total bid. In case of conflict between words and figures, the words, unless obviously Incorrect, shall govern. Bidder understands that the Owner reserves the right to award the total project, or to reject any or all bids and to waive any informalities In the bidding. Bidder agrees that this Bid shall be good and will not be withdrawn fora period of 60 calendar days after the scheduled dosing time for receiving bids. Respectfully submitted, Firm Name C—CAfer P&4>}' Gen-re&cforS liq,r. _. By Rnra Address f o 3 I( E4.4 Py City Ben *aw ; I t state A r kr+.. s c._S Arkansas State Contractor's License Number t7! `? ! (00 3 End of Section 00 41 13 City of Fayetteville Bid 12-33, Construction of St. Joseph Park Page 00 41 13-2 April 2, 2012 F. W-9 Request for Taxpayer Give Form tO the (RBV-Jamrary 2011) Identification Number and Certification requester- Do rot 9eEld to ttte tEiS. 0arof the Tmuwy ratenhal iieuemhe sevics Name (as shown on your income tat retail) Conner Point Contractors, Inc. Bu*iess name/di regmded entity name, If different from above 3 m a Chadic appropriale box for federal tax o classification VwAred): O Indb hdu l/sele proprietor ❑ C Corporation 0 S Corporation ❑ Pwtnerahlp ❑ Trustestate ❑ cxemit I>aym O Limited RabMty coup" Entm the lax cfatsificatim C corporeli. s$ op°Isti°n. P•p ip) W G � ❑ Other (see otstrtrctlonsj ► H Address (number. mot, and apt. or suite no.)� s name and add<ess (optioreli RapaxthA u a 10316 East Highway 72 w City, stoic, and ZIP code Bentonville, AR 72712 list account numberte) here (aptionap I 41 Taxpyer Identification Number (TIN) TN ;.r the anrronrleta hmc The TIN nrnWded must match the name given on the "Name" line Social SSQJIIY number to amid backup lwithhold pr,ptietg For isre dude this is your social hhakarhtty number . However, fix a _ m resident alien, sole proprietor. or disregarded entity, see the Peril Instructions on page 3. For omen entities, it Is your employer identification number (EIN). It you do not have a number, see how to gat a 77N on page 3. Note. If the account Is in more than one name, seethe chart on page 4 for guidelines on whose I EITlPIQV 'd°^ nuanber number to enter. LIJ Under penalties of perjury, I certify that 1. The number shown on this form is my correct taxpayer identification number (or lam waiting for a number to be issued to me), and 2. lam not subject to backup withholding because (a) lam exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that lam subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup witdiolding, aid 3. I am a U.S. citizen or other U.S. person (dorfined below). Certification Instructions. You must cross out item 2 above it you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all ahtherest and dividends on your tax return. For real estate transactions. item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally. payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on pogo 4- _ Here I Signature U. of T l4Data)' /nom S /1 General Instructions Section references are to the Ithtarhai Revenue Code unless otherwise noted. Purpose of Form A person who Is required to file an information return with the IRS must obtain your correct taxpayer Identittcaton number (TIN) to report~ for example. Income paid to you, real estate transactions, mortgage interest you paid acquisition or abandonment of secured property, cancellation of debt, or contributions you made to en IRA. Use Form W-9 only it you are a U.S. person (Enduding a resident alien), to provide your correct TIN to the person requesting It (the requester) and, when applicable, to: 1 _ Certify that the TIN you are giving Is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to badap withholding, or 3. Claim exemption from backup withholding if you am a US. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or buns is not subject to the withholding tax on foreign partners' share of effectively connected Income. Note. If a requester gives you a form other than Farm W-9 to request your TIN, you roust use the requester's farm if it is sum similar to elm Form W-9. (Definition of a U.S. person For federal tax purposes, you are considered a U.S. person if you arm • An individual who is a U -S. citizen or U.S. resident alien, • A partnership. corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax an any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is requited to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish yaw U.S. status and avoid wlttholdtng on your share of partner hip income. Cal. No.10231x Form W-9 (liev. 1-2011) NOTIC! TD GUSTOYERB R/I OF AN N70 TY 0@O WLL HE FEDAVEST E MYOF rx C eEsoPe ANr aEoof TH 5 B4V(WEl eE r�rtiA[� Oa 9FTJC IN THE EVERT TT IE QE. N04 L CW ON BTOIIX THE e4•x 0 NOT OWJOATEO TO TAKE MIT ACTION On THE SHONEWL 7TIS NIH o AFTER PATE OIS9UE ANG BAN K P.O. Ora 795 3092876 81 REUI1TttRCenter Poant Contractors Inc lew&Ml7au DA priI If, 2412 Or 181 PAYTOTHH Cit of Fasetville ORDER OF � TM499GABITIW111KWFNrt>mILLTI lEE IINSHIC..4IS ATISNNl. ISSVElEENFEIflWSwuH,.cs AfQIV CASHIER'S CHECK '309 28 ?E' ':a 2q008?2': 2': i &5 3 36 2 In' 8 n q 0) ^m �Ny �i N N N gyp' °� U N N n co .mo C in r a n 0 I- pp�� q M �a0 V ib N tl� Q, N N N r N N N V N :N Y1 In N U) in O in V N •N N 0)0). n N Y► �p 0 N m .1f0 1�yt 0 U)N O Q INti} H m N 17 F) In N m d O ID ID g� -ID 0) in N N U) N Ii) U) h Y N m = N N N N N w aN o 8 8 -8 8 8 8 -8 . 8 8$' 8 m pp8 N N pp8 N pal 0 M N N N N F) U) N N U 8 p pp Opp pp p 4 o tl p O ti p O �f1 p O p 8 p 8 p 8 p p 8 p 8 O O O 44447711 pCp U) U a U I') N N m Y N ,- C -U) U) pp8 M N Ol q ♦r M N n aCU N , � a $ 1A yoyyy !�7 n l• pSO 'n p$ 41 pop 8 p' 8 O m N N 0 b O Q V n N n ti R ~ N N h q N N N N N N P II g_gg g888 8 8 8 8 8 If nv y' emi y n w ih ih W H CL z w p N in �b N tl N a d 8 s 8 8' .8 8 8 8 8 8 8 8 8 8 8 8 iii' g8 Q b y N M N NN N p O p O p1III1II11111 p A• {p8y• N N ✓! N V NN (i . •7 N N N �N •.r �7, Y z ++O O d m U._ V.Nlm' w 7 r r J •- wwU LL u cWi LL W .y , w ALA J N r tlJ UJ Co m 3 m J Ii 40Ji 1 �kii�C.npbc - c L� 'tI' Z �' C' � m� •w 7 x N M M7 • �1 tl n R 0 P N l•7 r N o n • • q2-12 _ B-9115006 THE CINCINNATI INSURANCE COMPANY AlA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Center Point Contractors Inc. 13100 Creek View Rd Bentonville, AR 72712 OWNER (Name and Address): CITY OF FAYETTEVILLE 113 W MOUNTAIN ST FAYETTEVILLE, AR 72701 CONSTRUCTION CONTRACT Date: May 15, 2012 Amount: $37,410.00 BOND SURETY (Name and Principal Place of Business): THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD FAIRFIELD, OHIO 45014-5141 IIII1II11I11111I111I11111111111III! 1111111III1IIIIIIIlI1111IIIlII11I111 Doc ID: 014621280007 Type: LIE Kind: PERFORMANCE BOND Recorded: 06/04/2012 at 12:50:34 PM Fee Amt: $45.00 Pace I of 7 Washinaton County. AR Bette atamos Circuit Clerk FileBO31-00000229 Description (Name and Location): Construction associated with St. Joseph Park, Fayetteville, AR as per contract. Date (Not earlier than Construction Contract Date): May 15, 2012 Amount: $37,410.00 Modifications to this Bond: El None O See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Center Point Contractors Inc. Signature: - An cJa Name and Title: ,Shelly McDaniel , President: (Any additional signatures appear on page 3) THE CINCINNATI INSURANCE COMPANY Signature: Name and TitIe:Bil1r Eugene Bennett, Jr, Pfl. (FOR INFORMATION ONLY — Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer Walker Brothers Insurance, Inc. or other party): P.O. Box 7570 Springdale, AR 72766 S-2100-AIA-A312 (6/08) PERFORMANCE BOND The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, December 1984 Edition. ) • I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected • J�q,�yf8 with the Owner's concurrence, to be secured with ` r performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, December 1954 Edition. 2 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement -. shall be deemed incorporated herein. The intent is that MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: . J��yFO this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement betwen the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Center Point Contractors Inc. THE CINCINNATI INSURANCE COMPANY Signature: Name and Title: Address: Signature: Name and Title: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects DocumentA312, December 1984 Edition RZ-12 • B-9115006 THE CINCINNATI INSURANCE COMPANY AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Center Point Contractors Inc. THE CINCINNATI INSURANCE COMPANY 13100 Creek View Rd 6200 S. GILMORE ROAD Bentonville, AR 72712 FAIRFIELD, OHIO 45014-5141 OWNER (Name and Address): CITY OF FAYETTEVILLE 113 W MOUNTAIN ST FAYETTEVILLE, AR 72701 CONSTRUCTION CONTRACT Date: May 15, 2012 Amount: $37,410.00 BOND Description (Name and Location): Construction associated with St. Joseph Park, Fayetteville, AR as per contract. Date (Not earlier than Construction Contract Date): May 15, 2012 Amount: $37,410.00 Modifications to this Bond: ❑ None ® See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Center Point Contractors Inc. THE CINCINNATI INSURANCE COMPANY t ' signature:(Lt2 nJtlJJ, Signature: 432 irzt_,f7rrt Name and Title: Shelly McDaniel, President Name and Title: Billy Eu ene Bennett (Any additional signatures appear on page 3) (FOR INFORMATION ONLY— Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer Walker Brothers Insurance, Inc, or other party): P.O. Box 7570 Springdale, AR 72766 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, December 1984 Edition. S-2150-AIA-A312 (6108M) PAYMENT BOND 1 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract -with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to, whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in . part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and 3 Not having been paid within the above 30 days, • • s�"yfo have sent a written notice to the Surety (at the/' address described in Paragraph 12) and sent' a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, December 1984 Edition. 2 • last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (8. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Paragraph 6 is deleted in its entirety and the following is substituted in its place: 6. When the claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period of time, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, within a reasonable period of time, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to, or right to dispute, such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Center Point Contractors Inc. Signature: fl C Name and Title: Shelly McDaniel, President Address: SURETY Company: (Corporate Seal) THE CINCINNATI INSURANCE COMP Signature: Name and Title: Bil Address: Jr. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, December 19b4 Edition. 3 • • THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Mike A Luttrell, Kenneth L Galloway, Jacque Lindsey, Danny L Schneider, Billy Eugene Bennett, Jr., Adrian W Luttrell, of Springdale, AR its true and lawful Attorney(s)-in-Fact to sign, execute, seal and deliver -on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, Fifteen Million Dollars and 00/100 ($15,000,000.00) This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company,.a quorum being present and voting, on the 6th day of December, 1958, which resolution is still in effect: RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973. RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shalt, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 1st day of April, 2007. THE CINCINNATI INSURANCE COMPANY STATE O7FM"F i0 )as: COUNTY OF BUTLER ) Vice President On this 1st day of April, 2007, before me came the above -named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. ;,H 1I t t hr��rAL 4 • •ter ra7HUi,AorneyatLaw ARK J. tt + •r�r�����+ O !!4 - OTARY PlfTATE OF OHIO My commIBno expiration �HIINU/ date. Section 147.03 O.R.C. 1, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that -the said Power of Attorney is still in full force and effect GIVEN under my hand and seal of said Company at Fairfield, Ohio. this 15 day of May, 2012 Secretary BN-1 (3/02) 0 q? - i cv: yfDOH d4WRL1' CERTIFICATE OF LIABILITY INSURANCE DA 06/01112 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; It 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 endorsement(s). PRODUCER 479-3064677 Walker Bros. Insurance, Inc. 479-306a�110 P.O. Box 7570 Springdale, AR 72766-7570 Gone Bennett CONTACT NAME: PHONE FAX LC,. NQ.Fai : I lAIC): E-MAIL ADDRESS: PRODUCER CENPO-1 C TIMER ID if: INSURER(S) AFFORDING COVERAGE NAIC II INSURED Center Point Contractors, Inc. INSURER A: Cincinnati Insurance Co. 10677 Shelli McDaniel 10316 East Highway 72 INSURERS: Bridgefield Bentonville, AR 72712 INSURER C INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 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. 1NSR LTR TYPE OF INSURANCE POLICY NUMBER Y EFF MMID ExP MMII YDNYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,04 A X COMMERCIAL GENERAL LIABILITY CPP 3657280 12114111 12/14112 DAAGE TO RENTED PREMISES Ea oca rrence $ 54,00 CLAIMS -MADE OCCUR MED EXP (Any one person) S 5,04 PERSONAL & ADV INJURY $ 1,000,04 X Contractual Liab GENERAL AGGREGATE $ 2,000,00 GEN L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPI'OP AGG 5 2,000,00 POLICY X PRO- LOC S A AUTOMOBILE LIABILITY ANY AUTO CPP 3657280 12114111 12/14112 COMBINED SINGLE LIMIT (Ea acddentl S 1,000,00 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per ecddent) S X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per ac dent) S X S X NON'O NVED AUTOS $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 2,000,00 AGGREGATE $ 2,000,04 A EXCESS LIAB CLAIMS -MADE CPP 3657280 12/14/11 12114112 DEDUCTIBLE $ S RETENTION $ WORKERS COMPENSATION XI VVC STATU- I 0TH - B AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVEYIN OFFICER/MEMBER EXCLUDED? (MandatoryIn NH} N 1 A 019624666 12131111 12131112 E.L,EACHACCIDENT S 1,000,00 E.L. DISEASE - EA EMPLOYE S 1,000,04 If yea, describe under DESCRIPTION OF OPERATIONS bebw E.L. DISEASE - POLICY LIMIT S 1,000,00 A Leased/Rented ECI CPP 3657280 - 12113111 12/14112 Limit 75,00 Deductib 50 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IAttach ACORD 101, Additional Remarks Schedule, if more apace Is required) REF Project: Construction of St. Joseph Park CERTIFICATE HOLDER CANCELLATION CITYFAI 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 AUTHORIZED REPRESENTATIVE 113 W. Mountain St. Fayetteville, AR 72701 i _•jr © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD City of Fayetteville Staff Review Form 1 0i.t City Council Agenda Items and Contracts, Leases or Agreements NIA City Council Meeting Date Agenda Items Only Alison Jumper "" Park Planning _ Parks and Recreation Iirlllr��li� Submitted By Division Department ,fiction rte utrea: for approval of change order #1 to Resolution 92-12 for Bid # 12-33 with Center Po of $1,593 for the Construction of St. Joseph Park (see attached memo). $ 1 593.00 Cost of this request 2250.9255.5806.00 Account Number $ 41,526.00 Category I Project Budget $ 39,637.79 Funds Used to Date Neighborhood Park Improvements Program Category 1 Project Name Parks Development �1 I• rte+ Program I Project Category Name 02013.2 $ 1,888.21 Parks Development Project Number Remaining Balance Fund Name Budgeted Item ...I I Budget Adjustment Attached Previous Ordinance or Resolution # Date ] Original Contract Date: '2/ )117.. Original Contract Number: Date 7- t -N3 V2 - Finance and Internal Services Director Date Date D to 92-12 ww*Ilw�rrrr.. 5/15/2012 i+.P1A.1.r..Y..YI�f Received inCityO7^1)-1 2A10:35 RCVD Clerk's Office Received in Mayor's Office Revised January 15, THE CITY OF FAYETTEVILLE, ARKANSAS To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director (3 •6• From: Alison Jumper, Park Planning Superintendent Date: July 18, 2012 Subject: Request for approval of change order #1 to Resolution 92-12 for Bid # 12-33 with Center Point Contractors, Inc. in the amount of $1,593 for the Construction of St. Joseph Park PROPOSAL: St. Joseph Park was received through the Park Land Dedication Ordinance in 2004 and is approximately 0.18 acres. The park is located at 311 E. Lafayette in the Washington Willow neighborhood adjacent to the former St. Joseph Church. The park master plan concept was created by the Washington Willow Neighborhood Association who also raised approximately $10,000 to contribute to the construction costs of the park. The project includes the construction of a block retaining wall, three brick and concrete terraces, entry sign, seating area and landscaping. Four bids were received including Benchmark Construction Co., Center Point Contractors, Inc., General Construction Solutions, Inc. and SSI, Inc. of NWA with Center Point Contractors, Inc. being the low bidder in the amount of $37,410. Construction began in June and is anticipated to be complete in August. Staff is requesting the addition of railing along steps for ADA compliance and curb walls along edge of steps to create a more pleasing and safe transition between the steps and walls. Site restoration and landscaping will be removed from the project and completed by Park Staff. RECOMMENDATION: Parks and Recreation staff is requesting approval of change order #1 to Resolution 92-12 for Bid # 12-33 with Center Point Contractors resulting in a net increase of $1,563. This amount is within the project contingency of $1,888 leaving a balance of $325 in contingency. BUDGET IMPACT: This project is funded with Parks Development Funds and is accounted for in project number 02013.2 St. Joseph Park. Attachnnents: Staff Review Form Resolution No. 92-12 Center Point Contractors, Inc. Change Order No. 1 Cost Estimate Change Order No. 1 RESOLUTION NO. 92-12 A RESOLUTION AWARDING BID #12-33 AND AUTHORIZING A CONTRACT WITH CENTER POINT CONTRACTORS, INC. IN THE AMOUNT OF $37,410.00 FOR THE CONSTRUCTION OF ST. JOSEPH PARK, APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY, AND APPROVING A BUDGET ADJUSTMENT OF $14,361.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #12-33 and authorizes a contract with Center Point Contractors, Inc. in the amount of $37,410.00 for the construction of St. Joseph Park. 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 in the amount of $14,361.00, a copy of which is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 15"' day of May, 2012. APPRfVRf- ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer `��rt++l+rtl ryiry�� QC : F'AYETTEVILLE: G70N.Gd C" $ 8 8 8 8 8 2 § ~ § 2 2 & r % }� CO) o 88 8 - n - uJ / § (j k 2 � $ s / I h E . � ] � � _ a § k § q 7 2 II a ] ] J Cl - e " 1 E $ f . f If ii' ii I O ,- 1 n It) k 0 ; . t m O THE CITY OF FAYETTEVILLE, ARKANSAS iV111e KANSAS CHANGE ORDER NO. I Cost Plus_ Project Name and Number Construction of Name of Contractor Center Point Contract Address of Contractor. 10316 East Hwy. 72 E Date of Contract May 15y Original Contract Sum: Total Amount of All Previous Approved Change Contract Sum prior to this Change Order. Contract Sum increase this Change Order. New Contract Sum including this Change Order. PAWS AND RECREATION DEPARTMENT 113 We1vine AR 727Mountain1 F4ylttR.iOq AR 72791 —e-_� P(479) 4443471 F 1479) S21-7714 Pre -Agreed Unit Price 37.410.50 0,00 $ 37.410.50 $ 1562.50 38.973.00 Subiect and Reason for this Cane Order Staff is requesting the addition of railing along steps for ADA compliance and curb walls along edge of steps. Site restoration and landscaping will be removed from the project and completed by Park Staff. I Additional Time Requested: 11 Calendar Dated this 17th day of . July. 2012 CITY OF FAYETTEVILLE Parks & Recreation Department B74X4'\ j4'v4i/ Alison Jumper, Park Pianni g Superintendent CITY OF Mayor).i6neJ'Jordan ATTEST: / j - y li, Center Point Contractors Inc. Contract By: Title: -e ATTEST: GV.G\i Y 0f.... . FAYETTEVILLE; qRA .J ••.,;NG TONt�I Tplecommunicatlons Device ror the Deaf TOP (479) S21-1316 113 west Mountain - Feyettevik AR 72701 City of Fayetteville Staff Review Form Alison Jumper Submitted By City Council Agenda Items and Contracts, Leases or Agreements N/A City Council Meeting Date Agenda Items Only Park Planning Division Parks and Recreation Department Action Required; Request for approval of change order #2 to Resolution 92-12 for Bid # 12-33 with Center Point Contractors, Inc. in the amount of $50 for the Construction of St. Joseph Park (see attached memo). Is 50.00 Cost of this request 2250.9255.5806.00 Account Number 02013.2 Project Number Budgeted Item IX $ 41,526.00 Category / Project Budget I $ 41 ,230.79 Funds Used to Date $ 295.21 Remaining Balance Budget Adjustment Attached II Date Date LI " Finance and Internal Services Director Date Date Da e Neighborhood Park Improvements Program Category I Project Name Parks Development Program I Project Category Name Parks Development Fund Name Previous Ordinance or Resolution # 92-12 Original Contract Date: 5/15/2012 Original Contract Number: Received in City Clerk's Office Received in Mayor's Office Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Directorf From: Alison Jumper, Park Planning Superintendent tj Date: September 6, 2012 Subject: Request for approval of change order #2 to Resolution 92-12 for Bid # 12-33 with Center Point Contractors, Inc. in the amount of $1,593 for the Construction of St. Joseph Park PROPOSAL: St. Joseph Park was received through the Park Land Dedication Ordinance in 2004 and is approximately 0.18 acres. The park is located at 311 E. Lafayette in the Washington Willow neighborhood adjacent to the former St. Joseph Church. The park master plan concept was created by the Washington Willow Neighborhood Association who also raised approximately $10,000 to contribute to the construction costs of the park. The project includes the construction of a block retaining wall, three brick and concrete terraces, entry sign, seating area and landscaping. Four bids were received including Benchmark Construction Co., Center Point Contractors, Inc., General Construction Solutions, Inc. and SSI, Inc. of NWA with Center Point Contractors, Inc. being the low bidder in the amount of $37,410. Construction began in June and is anticipated to be complete in September. Staff is requesting the contractor to paint the existing bicycle racks that were re -used on the site to match the new fencing and railing. Change Order #1 was approved in the amount of $1,563. RECOMMENDATION: Parks and Recreation staff is requesting approval of change order #2 to Resolution 92-12 for Bid # 12-33 with Center Point Contractors resulting in an increase of $50. This amount is within the project contingency of $1,888 leaving a balance of $275 in contingency. BUDGET IMPACT: This project is funded with Parks Development Funds and is accounted for in project number 02013.2 St. Joseph Park. Attachments: Staff Review Form Resolution No. 92-12 Center Point Contractors, Inc. Change Order No. 2 Cost Estimate Change Order No. 2 RESOLUTION NO. 92-12 A RESOLUTION AWARDING BID #12-33 AND AUTHORIZING A CONTRACT WITH CENTER POINT CONTRACTORS, INC. IN THE AMOUNT OF $37,410.00 FOR THE CONSTRUCTION OF ST. JOSEPH PARK, APPROVING A TEN PERCENT (10%) PROJECT CONTINGENCY, AND APPROVING A BUDGET ADJUSTMENT OF $14,361.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #12-33 and authorizes a contract with Center Point Contractors, Inc. in the amount of $37,410.00 for the construction of St. Joseph Park. 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 in the amount of $14,361.00, a copy of which is attached to this Resolution as Exhibit "A", PASSED and APPROVED this 15th day of May, 2012. APPROVED- ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer . /° V Y . . : FAYEITEVILLE: f.vsyIgRkANSPnJ� Construction of St. Joseph Park Change Order #2 Cost Esti mate Septebar 5, 2012 ITEM# DESCRIPTION UNIT EST. QTY. EST. UNIT PRICE ESTIMATE i Paint bike rack to match reitin LS 7 550.00 $50.00 TOTAL Respectfully subndtted, Finn Name: Center Point Contr¢cwrs, (nc. r ! lc=J Date. t^ $50.61? iafI THE CITY OF FAYETTEVILLE, ARKANSAS ? ' PARKS Ar'l RECREATION DEPARTMENT 1134 es[ M unt€n fayettev€Iid: AR 72701 P t479} 444-3471 F (479}21-77I4 CHANGE ORDER NO. 2 Cost Plus X Pre -Agreed Unit Price Project Name and Number: Construction of St. Joseph Park, Resolution No. 92-12 Name of Contractor: Center Point Contractors Inc. Address of Contractor: 10316 East Hwy. 72 Bentonville, AR 72712 Date of Contract: May 15 2012 Original Contract Sum: 37.410.50 Total Amount of All Previous Approved Change Orders: $ 1.562.50 Contract Sum prior to this Change Order: $ 38,973.00 Contract Sum increase this Change Order: 1 50.00 New Contract Sum including this Change Order: $ 39.023.00 Subiect and Reason for this Change Order: Staff is requesting the contractor to paint the existing bicycle racks that were re -used on site to match the new railing and fencing. Total cost for paint and labor is $50.00. Additional Time Requested: 0 Calendar Days Dated this 5th day of Se ember 2012 CITY OF FAYETTEVILLE Parks & Recreation Department By: Alison Jumper, Park Plannin Superintendent CITY By:. AW Center Point Contractors, Inca Contractor By: Grr Title: EI ATTEST: :e4ecza;;n=un€eaticns Dc frrthe €.3r�f 1'D13 (4717; 521-1316 7I3West Mo nticin-1-'ayetteo-ilie.AR 72701