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HomeMy WebLinkAbout99-12 RESOLUTIONRESOLUTION NO. 99-12 A RESOLUTION AWARDING BID #12-39 AND AUTHORIZING A CONTRACT WITH BENCHMARK CONSTRUCTION OF NWA, INC. IN THE AMOUNT OF $407,560.07 FOR THE CONSTRUCTION AND INSTALLATION OF A CONCRETE PAD AT THE SOLID WASTE AND RECYCLING FACILITY, 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 #12-39 and authorizes a contract with Benchmark Construction of NWA, Inc. in the amount of $407,560.07 for the construction and installation of a concrete pad at the solid waste and recycling facility. 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 15th day of May, 2012. APPROVED: B ATTEST: By: Q . SONDRA E. SMITH, City Clerk/Treasurer 0ttt1,1It • .•G�� Y OA- ..p s •• • FAYETTEVILLE ,,'yeNG `oN,tG •%% Budget Year 2012 City of Fayetteville, Arkansas Budget Adjustment Form Division: Solid Waste & Recycling Department: Utilities Director • BUDGET ADJUSTMENT DESCRIPTION 1 JUSTIFICATION Additional funding is requested in the compost site slab expansion project for concrete for the compost pad which will better control stormwater and improve storm water detention. ( 1 Request Date 5/15/2012 V11.0425 Adjustment Number • Reduce the Solid Waste compactors project. Compactors are only purchased as needed for the drop box program. Division Head Depa it Date Date 2�rl�r� l2 ent Di ector Date Finan •- Director Chief 'S-7.-zatz Date 5-z-21ftZ Date ,3- Z `/ tS cot ate Prepared By: John Nelson Reference: #NAME? Budget & Research Use Only Type: A B C General Ledger Date Posted to General Ledger Checked / Verified Initial Date Initial Date TOTAL BUDGET ADJUSTMENT Account Name Solid Waste improvements Solid Waste improvements Account Number 5500.5080.5816.00 5500.5080.5816.00 Increase / (Decrease) Project.Sub Expense Revenue Number 65,000 (65,000) 10002 . 1 10001 . 1 Brian Pugh Submitted By ~City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements May 15th, 2012 City Council Meeting Date Agenda Items Only Solid Waste & Recycling Division Action Required: Utilities Department A resolution awarding a construction contract to Benchmark Construction Inc. of NWA for $407,560.07 for installation of a concrete pad and associated work at the City of Fayetteville Solid Waste and Recycling Facility, per Bid #12-39, approving a project contingency of $40,756.01 (approximately 10%), and approving a budget adjustment. 432,585.23 Cost of this request 5500.5080.5816.00 Account Number 1000211 Project Number $ 422,289.00 Category / Project Budget Compost Site Slab Expansion Program Category / Project Name Solid Waste Improvements Funds Used to Date Program / Project Category Name 422,289.00 Solid Waste Remaining Balance Fund Name Budgeted Item X Budget Adjustment Attached ,664,„ Deprtmer 1`Director orney PcLL ia.-- Date 5 -/- Date Finance and Internal Services Director Date 5-- a-1 Date -V;12.Z2% Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 4-30-1 2P05:39 RCVD Received inCity0 Clerk's Office 161,, Comments: Revised January 15, 2009 'Fa�`.eville CITY COUNCIL AGENDA MEMO MEETING DATE OF MAY 15, 2012 THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org ' To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff David Jurgens, Utilities Director From: Brian Pugh, Waste Reduction Coordinator Date: April 27, 2012 Subject: A resolution awarding a contract with Benchmark Construction Inc. ofNWA for $407,560.07 for compost site concrete pads RECOMMENDATION A resolution awarding a construction contract to Benchmark Construction Inc. ofNWA for $407,560.07 for installation of a concrete pad and associated work at the City of Fayetteville Solid Waste and Recycling Facility, per Bid #12-39, approving a project contingency of $40,756.0 I (approximately 10%), and approving a budget adjustment. BACKGROUND The City's compost facility has an EPA/ADEQ stormwater management permit which requires that stormwater be contained and controlled so as to prevent the stormwater from running off into the White River, roughly 85 feet away. To better control the stormwater while continuing operations, we have embarked on a three phased project to construct concrete slabs where we actually process the compost and to line the site detention pond. In addition, the new concrete pad will improve operating efficiency by allowing the compost rows to be turned when needed and not be limited to only turning during dry weather conditions. The ponding of water at the site limits the ability to turn the rows due to equipment getting stuck and can also result in violations during inspections by ADEQ for having standing water on site. The first phase was completed in late 2010. DISCUSSION This contract is to construct phase 2 of the project which consists of the north pad of the operating face of the compost facility and to widen the existing detention pond. To keep costs to a minimum, all engineering, design and inspection is being conducted internally by the Engineering and Utilities Staff. The City received 9 bids on April 30, 2012. The two lowest bids were rejected due to failure to provide references. Staff recommends authorization of contract to the lowest responsive responsible bidder which was Benchmark Construction Inc. ofNWA. Construction will begin upon City Council approval, and is expected to last approximately 10 days. Contractor Bid Arco Excavation and Paving $393,851.38 Benchmark Construction . $407,560.07 Construmarr, Inc. $487,325.00 Kirk's Excavation, Inc. $393,259.30 LJ13 Construction, Inc. $429,760.45 Prime Contracting, Inc. $571,240.39 SSI, Inc. ofNWA $408,251.81 Steve Beam Construction, Inc. $510,579.26 Sweetser Construction $522,403.00 Engineer's Estimate $ 483,108.00 BUDGET IMPACT Funds are available in the Solid Waste capital budget, project 10002. Telecommunlcations Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 Compost concrete pad CC Memo April 12 RESOLUTION NO. A RESOLUTION AWARDING BID #12-39 AND AUTHORIZING A CONTRACT WITH BENCHMARK CONSTRUCTION OF NWA, INC. IN THE AMOUNT OF $407,560.07 FOR THE CONSTRUCTION AND INSTALLATION OF A CONCRETE PAD AT THE SOLID WASTE AND RECYCLING FACILITY, 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 #12-39 and authorizes a contract with Benchmark Construction of NWA, Inc. in the amount of $407,560.07 for the construction and installation of a concrete pad at the solid waste and recycling facility. 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 15th day of May, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City ClerklTreasurer F:11 0 ca m m m 0 m co 0 z o w 0 r Requisition No.: City Of Fayetteville P.O Number: 0 z Benchmark Construction Inc. of NWA Vendor Name: c oa 0 z To O P. a 1 Fixed Asset # 0 0 N c N V a 0 0 ui 0 n L N 0 U N 0 2 a E z' C P O 5500.5080.5816.00 0 0 a 0 a M M 0 N Q Extended Cost O O co n O a N 0 0 O o f0 O a Unit of Issue CO 0 c N d 0 a N E cf m 7 N f0 1. m W 0 • Special Instructions: 1- O {0 w 0 w 0 0 O 0 O 0 w 0) i 0 a a Purchasing Manager: 0) U R C to 2 H Budget Manager Finance & Internal Services Director: a`) O Utilities Manager: Dispatch Manager: Revised 6/17/03 ivi1e' THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org CONTRACT Reference Bid: Bid 12-39, Construction — Installation of Concrete Pad Contractor: Benchmark Construction of NWA, Inc. Term: Project Specific This contract executed this 15` day of ■■ 1. . , 2012, between the City of Fayetteville, Arkansas, and Benchmark Construction of NWA, Inc. In consider n of the mutual covenants contained herein, the parties agree as follows: 1. Benchmark Construction of NWA, Inc. at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 12-39 as stated in Benchmark Construction of NWA, Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 12-39 all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay Benchmark Construction of NWA, Inc. based on their bid proposal in an amount not to exceed $407,560.07. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contract between the City of Fayetteville and Benchmark Construction of NWA, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 12-39 with the specifications and conditions typed thereon including Addendums 1 and 2. B. Benchmark Construction of NWA, Inc. bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and Benchmark Construction of NWA, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Benchmark Construction of NWA, Inc. 5. Benchmark Construction of NWA, Inc. shall not assign its duties under the terms of this agreement. 6. Benchmark Construction of NWA, Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Benchmark Construction of NWA, Inc. performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Benchmark Construction of NWA, Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Benchmark Construction of NWA, Inc. shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. City of Fayetteville, AR Bid 12-39, Construction — Installation of Concrete Pad Page 1 of 2 Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability $500,000 for each person injured. $1,000,000 for each accident. Property Damage Liability $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by Benchmark Construction of NWA, Inc. 8. Benchmark Construction of NWA, Inc. to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Benchmark Construction of NWA, Inc. with 10 days written notice. 10. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 11. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. WITNESS OUR HANDS THIS / DAY OF ATTEST: A " 45E-i\P. .33 ' PT>P Aye, s -TE 1,4 iC30rf TT /-L , ,9,e 7a2V' BUSINESS ADDRESS City of Fayetteville, AR Bid 12-39, Construction — Installation of Concrete Pad Page 2 of 2 , 2012. CI OF F YETTEVILLE, VETTE IL E, ARKANSAS LI NELD JO$DA , Mayor Attes on, Sondra Smith, City Clerk gE& NW JZ14, c -c -5 i' rs F Arta.' , CONTRACTOR NAM AND TITLE 001111,11f j►►,/' -.`„� •. •01 pF•.N : FAYETTEVILLE: 15 4 /(4SP•°\) `: N ailNG, • • • • • • p '44,,4•11151100 0N.��• Bid 12-39, Addendum 1 Date: Monday, April 23, 2012 To: All Prospective Vendors From: Andrea Foren Rasco, CPPB, CPPO, 479.575.8220, aforen(a.ci.favetteville.ar.us RE: Bid 12-39, Construction — Installation of Concrete Pad aye exile 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 Bid Form. Failure to do so may subject bidder to disqualification. Addendum should be attached to the inside cover of the bidding documents, signed, and dated. 1.) The entire bid form section has been revised, which includes revised quantities... All bidders shalluse the bid form included with this Addendum. Failure to use the correct bid form shall result in bid resection: 2.) Attachment D, Drawings has been revised and replaced with the set included in this Addendum (total of 4 sheets of drawings). These drawings have modifications, including but not limited to: a. The City raised the grades to closer match existing conditions to minimize the removal and protect the existing sewer line. b. Existing location of the sanitary sewer main is now shown. c. Concrete shall be Class B instead of ADTD Class AE, matching the concrete specifications. d. Revised the acreage to include only the north section of the pad, not the whole site. 3.) Attached and included with this addendum are the following documents a. SWPPP sheet and documents b. Geotech report c. Sign -in sheet from pre-bid meeting 4.) Reference Attachment A, Page 13: Concrete pavement surfaces shall be given a Class 5, broom, finish. 5.) Work hours shall be Monday -Friday, 7AM — 4PM. Evening, night and weekend hours can be scheduled upon proper coordination with the City. 6.) Prior to contract start, the City will have the excess material removed from the site. 7.) Storm water permit will be provided by the City of Fayetteville. 8.) Final completion shall be completed within 110 calendar days after Notice to Proceed. Notice to Proceed is anticipated to be issued on May 28, 2012. 9.) Liquidated damages shall apply in the amount of $150 per calendar day. 10.)Payment for bid items shall be off of approved and properly documented actual quantities. 11.)Any reference in the bid package to the "Agreement" shall be interpreted as the entire bid package, any addenda, etc. 12.)The manhole will be adjusted to finish grade by the City Water and Sewer Division. It has been noted on the revised plans as to be completed "by others". 13.)Contractor will be allowed thicken concrete up to 8" on the curb to match the pavement or shape the base to match the specified gutter to slab thickness. City of Fayetteville, Arkansas Bid 12-39, Addendum 1 Page 1 of 5 Acknowledge Addendum #1: Printed Name: Signature: Title: Date: Company: Telecommunications Device for the Deaf TDD (479) 521-1310 113 west Mountain - Fayetteville, AR 72701 City of Fayetteville Bid 12-39, Construction — Installation of Concrete Pad Bid Form -- ADDENDUM 1 Contract Name: Installation of Concrete Pad at Solid Waste — Phase 1 Bid Number 12-39 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: Section 1 — Intent: A. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. Section 2 — Terms & Conditions: B. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. Section 3 — Bidder's Representations: In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A.) Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date B.) Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C.) Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. City of Fayetteville, Arkansas Bid 12-39, Addendum 1 Paae 2 of 5 Telecommunications Device for Deaf TDD (479) 521.1316 113 west Mountain - Fayetteville, AR 72701 D.) Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E.) Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. F.) Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G.) Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H.) Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I.) Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J.) The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K.) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. L.) Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. M.) No Bid shall be based upon aggregate of Subcontractors performing more than 60 percent of the total Work. City of Fayetteville, Arkansas Bid 12-39, Addendum 1 Page 3 of 5 Telecommunications Device for the Deaf TDD (4791521-1316 113 West Mountain - Fayetteville, AR 72701 N.) The experience, past performance, and ability of each proposed Subcontractor will be considered in the evaluation of Bids. Any Subcontractor so requested shall be required to furnish experience statements prior to the Notice of Awards. Section 4 — Bid Price: Item # Description Unit of Measure Estimated Quantity Unit Price Total 1 Mobilization - shall not exceed 5% of total bid Lump Sum 1 x $ = $ 2 Insurance & Bonds Lump Sum 1 x $ = $ 3 8" Concrete Pad SY 8,526 x $ = $ 4 Curb & Gutter LF 745 x $ = $ 5 4" Class 7Base SY 8,803 x $ = $ 6 Hillside Embankment CY 5,868 x $ = $ 7 Excavation and Gradin. CY 2,700 x $ = $ 8 Removal of existing concrete pavement SY 590 x $ = $ TOTAL BASE BID $ Name of Contractor: Section 5 — Contract Times: A.) Bidder agrees that the Work will be substantially completed and ready for final payment within the number of calendar days indicated in Addendum 1. B.) Bidder accepts the provisions of the Agreement referring to liquidated damages in the event of failure to complete the Work with the times specified in the bid package. Section 6 — Communications: A.) Communications concerning this Bid shall be addressed to the Bidder as follows: Phone No. FAX No. Section 7 — SIGNATURE: A.) This bid is being submitted in good faith, according to the entire bid package presented: City of Fayetteville, Arkansas Bid 12-39, Addendum 1 Page 4 of 5 Telecommunications Device for the Deaf TDD (479) 521.1316 113 West Mountain - Fayetteville, AR 72701 SUBMITTED on this Date of 20 Arkansas State Contractor License No. If Bidder is: OPTION 1: An Individual Name (type or printed): By: (SEAL) (Individual's Signature) Doing business as: Business address: Phone No.: FAX No.: OPTION 2: A Partnership Partnership Name: (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: FAX No.: OPTION 3: A Corporation Corporation Name: (SEAL) Date of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature — attach evidence of authority to sign) Name (type or printed): Title: Business address: (CORPORATE SEAL) Phone No.: FAX No.: City of Fayetteville, Arkansas Bid 12-39, Addendum 1 Page 5 of 5 Telecommunications Device for the Deaf TDD 1479) 521-1316 113 West Mountain - Fayetteville, AR 72701 Bid 12-39, Addendum 2 Date: Thursday, April 26, 2012 To: All Prospective Vendors From: Andrea Foren Rasco, CPPB, CPPO, 479.575.8220, aforen a(7ci.favetteville.ar.us RE: Bid 12-39, Construction — Installation of Concrete Pad 17"revieylle 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 Bid Form. Failure to do so may subject bidder to disqualification. Addendum should be attached to the inside cover of the bidding documents, signed, and dated. 1.) The deadline for bids has been extended until Monday, April 30 2012 before 2:00:00 PM, local time. All bids shall be delivered to Room 306 in City Hall prior to the deadline stated. No late bids shall be accepted. 2.) Awarded contractor shall be responsible for compaction testing and construction staking. 3.) Existing concrete slab shall be removed and properly disposed of, per item 8 in the bid form. 4.) All excess material on the project shall be taken off site and properly disposed of. The City will not provide a location to store or haul removed excess materials. 5.) Reference Attachment A, Page 13: Concrete pavement surfaces shall be given a Class 6, broom finish. 6.) Dowels are not required to be smooth. City of Fayetteville, Arkansas Bid 12-39, Addendum 2 Page 1 of 1 Acknowledge Addendum #2: Printed Name: *Signature: 'Title: 'Date: "Company: Telecommunications Device for the Deaf 'TDD 14791521-1316 113 West Mountain - rayetteviile. AR 72701 Permit No. ARR150000 SITE WITH AUTOMATIC COVERAGE (LESS THAN 5 ACRES) CONSTRUCTION SITE NOTICE FOR THE Arkansas Department of Environmental Quality (ADEQ) Storm Water Program NPDES GENERAL PERMIT NO. ARR150000 The following infortnation is posted in compliance with Part I.B.8.b of the ADEQ General Permit Number ARR150000 for discharges of stormwater runoff from sites with automatic coverage. Additional information regarding the ADEQ stormwater program may be found on the interne at: www.adeq.state.ar.us/water/branch_npdes/storrnwater Permit Number ARR150000 Contact Name: Phone Number: Matt Casey 479-444-3429 Project Description (Name, Location, etc.): Start Date: End Date: Total Acres: City of Fayetteville Compost Facility June 2012 1.625 Acres Location of Stortnwater Pollution Prevention Plan: Onsite For Construction Sites Authorized under Part I.B.6.b (Automatic Coverage) the following certification must be completed: I Matt Casey (Typed or Printed Natnc of Person Completing this Certification) certify under penalty of law that 1 have read and understand the eligibility requirements for claiming an authorization under Part 1.13.2. of the ADEQ General Permit Number ARR 150000. A stormwater pollution prevention plan has been developed and implemented according to the requirements contained in Part I1.A.2.B & D of the permit. 1 am aware there are significant penalties for providing false information or for conducted unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Ti yAt/i Date • Stormwater Pollution Prevention Plan (SWPPP) for Construction Activity for Small Construction Sites National Pollutant Discharge Elimination System (NPDES) General Permit # ARR150000 Prepared for: City of Fayetteville Solid Waste Division Concrete Pad Installation At Compost Facility Date: April 20, 2012 Prepared by: Matt Casey, P.E. Revised date: 02/17/2012 Stormwater Pollution Prevention Plan for Construction Activity Page 1 ARR150000 Project Name and Location: Concrete Pad Installation at Compost Facility Property Parcel Number (Optional): Operator Name and Address: City of Fayetteville Solid Waste Division A. Site Description a. Project description, intended use after NOI is filed: Installation of a 70.000 sf concrete pad for compost operations and expanding the existing sedimentation basin. b. Sequence of major activities which disturb soils: Removal of a minimum of 2' of existing soil, replacement of soil with stable Hillside Material, forming and placement of concrete. c. Total Area:1.62 Acres Disturbed Area: 1.62Acres B. Responsible Parties Individual/Company Phone Number Service Provided for SWPPP (i.e., Inspector, SWPPP revisions, Stabilization Activities, BMP Maintenance, etc.) Brian Pugh City of Fayetteville 479718-7685 Project Manager Contractor to be determined General Contractor C. Receiving Waters a. The following waterbody (or waterbodies) receives stormwater from this construction site: West Fork of the White River b. Is the project located within the jurisdiction of an M54? ®Yes ❑No i. If yes, Name of MS4: City of Fayetteville c. Ultimate Receiving Water: nRed River NWhite River nOuachita River 75t. Francis River ❑Arkansas River nMississippi River D. Site Map Requirements (Attach Site Map): a. Pre -construction topographic view; Revised date: 02/17/2012 Stormwater Pollution Prevention Plan for Construction Activity Page 2 ARR150000 b. Direction of stormwater flow (i.e., use arrows to show which direction stormwater will flow) and approximate slopes anticipated after grading activities; c. Delineate on the site map areas of soil disturbance and areas that will not be disturbed under the coverage of this permit; d. Location of major structural and nonstructural controls identified in the plan; e. Location of main construction entrance and exit; f. Location where stabilization practices are expected to occur; g. Locations of off-site materials, waste, borrow area, or equipment storage area; h. Location of areas used for concrete wash-out; i. Location of all surface water bodies (including wetlands); j. Locations where stormwater is discharged to a surface water and/or municipal separate storm sewer system if applicable, k. Locations where stormwater is discharged off-site (should be continuously updated); I. Areas where final stabilization has been accomplished and no further construction phase permit requirements apply. E. Stormwater Controls a. Initial Site Stabilization, Erosion and Sediment Controls, and Best Management Practices: i. Initial Site Stabilization: Installation of erosion control devices (silt fence) Site has an existing sedimentation pond. ii. Erosion and Sediment Controls: Installation of erosion control devices (silt fence and the existing sedimentation pond. iii. If periodic inspections or other information indicates a control has been used inappropriately or incorrectly, the operator will replace or modify the control for site situations: EC]Yes No If No, explain: iv. Off-site accumulations of sediment will be removed at a frequency sufficient to minimize off-site impacts: NYes ❑No If No, explain: v. Sediment will be removed from sediment traps or sedimentation ponds when design capacity has been reduced by 50%: ®Yes TINo If No, explain: Revised date: 02/17/2012 Stormwater Pollution Prevention Plan for Construction Activity Page 3 ARR150000 vi. Litter, construction debris, and construction chemicals exposed to stormwater shall be prevented from becoming a pollutant source for stormwater discharges: IYes 1No If No, explain: vii. Off-site material storage areas used solely by the permitted project are being covered by this SWPPP: Fives No If Yes, explain additional BMPs implemented at off-site material storage area: b. Stabilization Practices i. Description and Schedule: Disturbed area will be either covered with concrete for the pad construction or will be seeded and mulched after construction. ii. Are buffer areas required? nYes MNo If Yes, are buffer areas being used? nYes No If No, explain why not: There is a sedimentation pond that collects all of the water from this site. If this fails, there is a 80' vegetated natural area directly downstream. If Yes, describe natural buffer areas: iii. A record of the dates when grading activities occur, when construction activities temporarily or permanently cease on a portion of the site, and when stabilization measures are initiated shall be included with the plan. ®Yes ❑No If No, explain: iv. Deadlines for stabilization: Stabilization procedures will be initiated 14 days after construction activity temporarily ceases on a portion of the site. c. Structural Practices i. Describeany structural practices to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site: The site naturally slopes to a constructed sedimentation pond that will collect the water from the site Revised date: 02/17/2012 Stormwater Pollution Prevention Plan for Construction Activity Page 4 ARR150000 ii. Sediment Basins: Are 10 or more acres draining to a common point? nYes RNo Is a sediment basin included in the project? NYes nNo If Yes, what is the designed capacity for the storage? F13600 cubic feet per acre = : or ❑10 year, 24 hour storm = : ❑ Other criteria were used to design basin: Modeled to detain the 100 -year storm flow from the site. If No, explain why no sedimentation basin was included and describe required natural buffer areas and other controls implemented instead: iii. Describe Velocity Dissipation Devices: Stone Rip Rap will be used at the concentrated areas entering the pond. F. Other Controls a. Solid materials, including building materials, shall be prevented from being discharged to Waters of the State: NYes nNo b. Off-site vehicle tracking of sediments and the generation of dust shall be minimized through the use of: A stabilized construction entrance and exit x ❑Vehicle tire washing ]Other controls, describe: c. Temporary Sanitary Facilities: Located on-site d. Concrete Waste Area Provided: FYes ❑No. Concrete is used on the site, but no concrete washout is provided. Explain why: ❑N/A, no concrete will be used with this project e. Fuel Storage Areas, Hazardous Waste Storage, and Truck Wash Areas: Not applicable Revised date: 02/17/2012 Stormwater Pollution Prevention Plan for Construction Activity ARR150000 G. Non-Stormwater Discharges Page 5 a. The following allowable non-stormwater discharges comingled with stormwater are present or anticipated at the site: ❑Fire -fighting activities; ❑Fire hydrant flushings; ❑Water used to wash vehicles (where detergents or other chemicals are not used) or control dust in accordance with Part II.A.4.H.2; fl Potable water sources including uncontaminated waterline flushings; ❑Landscape Irrigation; ❑Routine external building wash down which does not use detergents or other chemicals; Li Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled materials have been removed) and where detergents or other chemicals are not used; Li Uncontaminated air conditioning, compressor condensate (See Part 1.B.12.C of the permit);, ❑Uncontaminated springs, excavation dewatering and groundwater (See Part 1.B.12.C of the permit); ❑Foundation or footing drains where flows are not contaminated with process materials such as solvents (See Part l.B.12.C of the permit); Describe any controls associated with non-stormwater discharges present at the site: H. Applicable State or Local Programs: The SWPPP will be updated as necessary to reflect any revisions to applicable federal, state, or local requirements that affect the stormwater controls implemented at the site. ®Yes ❑No I. Inspections a. Inspection frequency: Li Every 7 calendar days or At least once every 14 calendar days and within 24 hours of the end of a storm even 0.5 inches or greater (a rain gauge must be maintained on -site) b. Inspections: Completed inspection forms Will be kept with the SWPPP. ®ADEQ's inspection form will be used (See Appendix B) or Li form other than ADEQ's inspection form will be used and is attached (See inspection form requirements Part Il.A.4.L.2) c. Inspection records will be retained as part of the SWPPP for at least 3 years from the date of termination. Revised date: 02/17/2012 Stormwater Pollution Prevention Plan for Construction Activity Page 6 ARRI50000 d. It is understood that the following sections describe waivers of site inspection requirements. All applicable documentation requirements will be followed in accordance with the referenced sections. i. Winter Conditions (Part II.A.4.L.3) ii. Adverse Weather Conditions (Part II.A.4.L.4) J. Maintenance: The following procedures to maintain vegetation, erosion and sediment control measures and other protective measures in good, effective operating condition will be followed: Daily inspections of erosion controls is expected by the contractor. Repairs will be addressed immediately. Any necessary repairs will be completed, when practicable, before the next storm event, but not to exceed a period of 3 business days of discovery, or as otherwise directed by state or local officials. K. Employee Training: The following is a description of the training plan for personnel (including contractors and subcontractors) on this project: N/A **Note, Formal training classes given by Universities or other third -party organizations are not required, but recommended for qualified trainers; the permittee is responsible for the content of the training being adequate for personnel to implement the requirements of the permit. Certification "I certify under penalty of law that this document and all attachments such as Inspection Form were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Signature of Responsible or Cognizant Official LJ � Date: Revised date: 02/17/2012 ARR150000 Inspection Form Inspector Name: Inspector Title: Date of Inspection: Date of Rainfall: Duration of Rainfall: Days Since Last Rain Event: days Rainfall Since Last Rain Event Description of any Discharges During Inspection: Location of Discharges of Sediment/Other Pollutant (specify pollutant & location): Locations in Need of Additional BMPs: Information on Location of Construction Activities Appendix A inches Location Activity Begin Date Activity Occuring Now (y/n)? Activity Ceased Date Stabilization Initiated Date Stabilization Complete Date Information on BMPs in Need of Maintenance Location In Working Order? Maintenance Scheduled Date Maintenance Completed Date Maintenance to be Performed By Changes required to the SWPPP: SWPPP changes completed (date): 'Reasons for changes: "I certify under penalty of law that this document and all attachments such as Inspection Form were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Signature of Responsible or Cognizant Official: Date: Title: Revised date: 02/17/2012 BMP Consideration Checklist Appendix B The BMPs listed here should be considered for every project. Those BMPs that are not included in the SWPPP should be checked as "Not Used" with a brief statement describing why it is not being used. Note: Appendix B and C do not have to be submitted with the SWPPP. These attachments are for use during the development of the SWPPP. EROSION CONTROL BMPs BMP BMP Considered for project BMP Used BMP Not Used If not used, state reason EC -1 Scheduling ❑ ❑ EC -2 Preservation of Existing Vegetation ❑ ❑ ❑ EC -3 Hydraulic Mulch ❑ ❑ ❑ EC -4 Hydroseeding ❑ ❑ ❑ EC -5 Soil Binders ❑ ❑ EC -6 Straw Mulch ❑ ❑ EC -7 Geotextiles & Mats ❑ ❑ ❑ EC -8 Wood Mulching ❑ ❑ ❑ EC -9 Earth Dikes & Drainage Swales ❑ ❑ EC -10 Velocity Dissipation Devices ❑ ❑ ❑ EC -11 Slope Drains ❑ Li ❑ EC -12 Stream bank Stabilization ❑ ❑ ❑ SEDIMENT CONTROL. BMPs BMP BMP Considered for project BMP Used BMP Not Used If not used, state reason SE -1 Silt Fence ❑ ❑ ❑ SE -2 Sediment Basin ❑ ❑ ❑ SE -3 Sediment Trap ❑ ❑ ❑ SE -4 Check Dam ❑ ❑ ❑ SE -5 Fiber Rolls ❑ ❑ ❑ SE -6 Gravel Bag Berm ❑ ❑ ❑ SE -7 Street Sweeping and Vacuuming ❑ ❑ ❑ SE -8 Sand Bag Barrier ❑ ❑ ❑ SE -9 Straw Bale Barrier ❑ ❑ ❑ SE -10 Storm Drain Inlet Protection ❑ ❑ ❑ SE -11 Chemical Treatment ❑ ❑ ❑ WIND EROSION CONTROL BMPs BMP BMP Considered for project BMP Used BMP Not Used If not used, state reason WE -1 Wind Erosion Control ❑ ❑ ❑ Revised date: 02/17/2012 BMP Consideration Checklist Appendix B TRACKING CONTROL BMPs BMP BMP Considered for project BMP Used BMP Not Used If not used, state reason TR-1 Stabilized Construction Entrance/Exit ❑ = ❑ TR-2 Stabilized Construction Roadway ❑ ❑ ❑ TR-3 Entrance/Outlet Tire Wash ❑ ❑ ❑ NON -STORM WATER MANAGEMENT BMPs BMP BMP Considered for project BMP Used BMP Not Used If not used, state reason NS -1 Water Conservation Practices ❑ ❑ ❑ NS -2 Dewatering Operations ❑ ❑ ❑ NS -3 Paving and Grinding Operations ❑ ❑ ❑ NS -4 Temporary Stream Crossing ❑ ❑ NS -5 Clear Water Diversion ❑ ❑ ❑ NS -6 Illicit Connection/ Discharge ❑ ❑ ❑ NS -7 Potable Water/Irrigation ❑ ❑ NS -8 Vehicle and Equipment Cleaning ❑ ❑ ❑ NS -9 Vehicle and Equipment Fueling ❑ ❑ ❑ NS -14 Vehicle and Equipment Maintenance ❑ ❑ ❑ NS -11 Pile Driving Operations ❑ ❑ ❑ NS -12 Concrete Curing ❑ ❑ ❑ NS -13 Concrete Finishing ❑ ❑ ❑ NS -14 Material and Equipment Use Over Water ❑ ❑ NS -15 Demolition Adjacent to Water ❑ ❑ ❑ NS -'16 Temporary Batch Plants ❑ ❑ WASTE MANAGEMENT AND MATERIALS POLLUTION CONTROL BMPs BMP BMP Considered for project BMP Used BMP Not Used If not used, state reason WM-1 Material Delivery and Storage ❑ ❑ ❑ WM-2 Material Use ❑ ❑ ❑ WM-3 Stockpile Management ❑ ❑ ❑ WM-4 Spill Prevention and Control ❑ ❑ ❑ WM-5 Solid Waste Management ❑ ❑ WM-6 Hazardous Waste Management ❑ ❑ ❑ WM-7 Contaminated Soil Management ❑ ❑ ❑ WM-8 Concrete Waste Management ❑ ❑ ❑ WM-9 Sanitary/Septic Waste Management ❑ ❑ ❑ WM-1D Liquid Waste Management ❑ ❑ Revised date: 02/17/2012 1946 Birch Avenue Fayetteville, Arkansas 72703 Office: (479) 521-7645 Fax: (479) 521.6232 November 2, 2010 City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Office Locations: Irrrr1 Fayetteville, Arkansas Van Buren, Arkansas Geat•ainical a Testing Services Tulsa, Oklahoma Attention: Tom Hubbard Capital Projects and Contracts Engineer RE: Proposed Pavement/Slab Concrete Subgrade Evaluation City of Fayetteville Compost Facility Fayetteville, Arkansas Project No. 10-15071R Dear Mr. Hubbard: This report provides the results of the subsurface exploration and engineering analysis performed for the planned improvements to the existing City of Fayetteville Compost Facility. The report has been revised from the originally submitted report of October 22, 2010 based on information received on November 2, 2010 from the client. We understand that the improvements will include new concrete pavement/slabs to be constructed in the composting area. The new concrete pavement/slabs are understood to be used to store compost material and will allow mixing and transporting construction equipment to access the compost area during wet weather conditions. Based on the results of four (4) test pits performed in the planned area of new concrete, the design and construction considerations for this project include the following: • Existing soil fill material was encountered in the southwest area of the project site. The existing fill material generally consisted of clayey gravel type soils (GC per the Unified Soil Classification System, USCS) and had a measured depth of approximately two (2) feet below the existing ground surface at the test pit locations. • The presence of existing trash intermixed with soil below the existing soil fill at the southwest corner of the planned new concrete pavement/slab, and at the ground surface at the north and northeast areas of planned improvement. The observed trash consisted of glass bottles, metal items and some deleterious material (paper, rubber). The trash and soil mixture extended to the terminal depths of the test pits (4 to 6 feet); and • The absence of groundwater observed at the test pit locations. Arkansas • Oklahoma • Missouri • Kansas • Alabama City of FsycttevilIe Proposed Concrete PavementfSlab —Compost Facility Grs, In e. I 0-15071 R O.d.ehaka Page 4 ENGINEERING ANALYSIS AND RECOMMENDATIONS Existing Pavement Support Analysis Based on the results of the subsurface exploration, the areas where existing fill material was observed at the surface of the test pit locations are stable and appear to be suitable for directly supporting placement of a concrete stab. However, soils underlying the existing fill material, and at the surface of the remaining test pit locations, consist of trash with some deleterious material. These soils should be anticipated to continue to consolidate over time. This will result in the potential for unsupported sections of concrete slab and slab failures. This can occur even in areas where stable existing fill material overlies the existing trash. The only method to eliminate the potential for the existing trash and soil mixture to further consolidate would be to remove the trash mixture full depth. We understand this approach may not be feasible in terms of cost, time and usage of the property. Therefore other site grading recommendations are provided which are intended to reduce the amount of settlement the pavement subgrade will undergo. However, the client should understand that none of these options will eliminate the potential for pavement subgrade failure. Site Grading Recommendations Alternative I (preferred method): The subgrade should be undercut — if required — to allow placement of a minimum of 1 '/2 feet of new fill material. A separation fabric — Mirafi S00x or other fabrics at least equivalent in physical and strength properties -- should be placed immediately on top of the exposed subgrade, prior to placement of the fill material. The fill material may be placed as a bridging lift, if required, to stabilize the exposed soils at undercut depth. The bridging lift should be placed beginning with a maximum 18 inch (loose thickness) lift with the top 6 inches of the lift compacted to project specifications. Remaining lifts should be placed in maximum 8 inch lifts until finish subgrade elevations have been reached. A Geotechnical Engineer should oversee bridging operations to ensure the recommended 18 inches is adequate to stabilize the exposed soils. Alternative II: The subgrade should be undercut — if required — to allow placement of a minimum of two feet of new fill material below the pavement section. The fill material may be placed as a bridging lift, if required, to stabilize the exposed soils at undercut depth. The bridging lift should be placed beginning with a maximum 18 inch (loose thickness) lift with the top 6 inches of the lift compacted to project specifications. Remaining lifts should be placed in maximum 8 inch lifts until finish subgrade elevations have been reached. A Geotechnical Engineer should oversee bridging operations to ensure the recommended 18 inches is adequate to stabilize the exposed soils. :Arkansas • Oklalinma • iklissouri • KUn;:,s • Alabama City of Fayetteville Proposed Concrete Pavement/Slab — Compost Facility 10-15071 IF Page 5 GTS, Inc. C�ofechnfe�f ■ rWf•p r —I..■ Alternative 111: The subgrade should be graded to finish grades. After grading, the top 18 inches of soil should be mixed with 10 percent Class C Fly Ash or 6 percent Portland cement by dry unit weight. The weight of the existing soil can be estimated to be 110 pounds per cubic foot. Mixing of the Portland Cement or Class C Fly Ash should be performed with a Bomag ® commercial rotary mixer or similar equipment. Mixing should be performed within 30 minutes of exposure of the chemical additive to the soil with the final compaction and grading to be completed within two hours of exposing the soil to the additive. After the two hour window has been reached, no construction traffic should be allowed on the stabilized soils for a period of at least 48 hours. A Geotechnical Engineer should observe all stabilization methods. Atkansa: • Oklahoma • ?.Missouri • Kansas • Alabama City of Fayetteville Proposed Concrete Pavement/Slab — Compost Facility {,7Ta7t Iii iTr. 10-15071R C.er.ei, Io.l a 7.11.9 S.•rfe.. Page 6 PAVEMENT DESIGN RECOMMENDATIONS Pavement Thickness Designs In the absence of specific traffic loading information, and based the existing pavement performing adequately, it is our opinion that the original thickness design may be used for new areas of concrete pavement and slab. The below table provides pavement section design information. The table assumes that dowels will be used at each joint of the new concrete pavement panel. The concrete shall have the minimum compressive strength noted, and have air entrainment in the range of 4 to 8%. Dowel Sizing and Spacing Smooth epoxy coated steel or fiberglass bar dowels should be used at each planned constnsction joint and at each saw cut. They should also be used between any new and existing concrete slab. Additionally, the dowels should be "greased" and/or treated with a bond break to prevent the dowel from adhering to the existing or new concrete pavement. The dowels should be placed at the mid depth of the pavement. If the new concrete panel will be placed adjacent to an existing concrete panel, the dowels should be placed at the mid depth of the thinnest of the two concrete sections. The design diameter, length and spacing of the dowel bars are shown on Table 2. Arkansas r Oklahoma • MiR;ouri • Knnsas • Alabama City of Fayetteville Proposed Concrete PavementSlab — Compost Facility 10-150718 Page 7 GEOTECRNICAL REPORT REQUIREMENTS and SPECIFICATIONS G TS, in C Geef�ehnicwl L T�sfiwp 8�rri esa The reeonuuendations contained in this report are based on the following soil and construction specifications being adhered to during site grading: Moisture -Density Percent of Maximum Range from Optimum Type of Material Specification Dry Density, Minimum Moisture Content (%) Soil Fill Material ASTM D-698 98 -2 to +4 (stabilized or non- (Standard Proctor) stabilized) Class 7 Base Course ASTM D-1557 95 nla (Modified Proctor) Select fill needed for site grading should be placed in loose lifts not exceeding 9 inches in thickness (compacted lift thickness of approximately 6 to 7 inches). We recommend the fill be tested for density every lift during site grading, with a minimum of one test every 10,000 square feet of pavement area; • "Select fill" should consist of imported clayey gravel fill material; • The recommended moisture content and compaction of the select fill should be maintained until fills are completed and concrete slabs are constructed. Arkansas e Jkl:Jirnna • Missouri • Kansas • A1abuma City of Fayetteville �+ Proposed Concrete Pavement/Slab — Compost Facility G TS, Inc• 10-15071 it ens r„NS,r.1e„ Page 8 GEOTECHNICAL REPORTS LIMITATIONS The recommendations contained in this report are based on our interpretation of subsurface conditions encountered at discrete test pit locations. Variations between the subsurface conditions anticipated in this report and actual project site conditions may occur away from the boring locations. If significant differences between the findings of the borings and site conditions are observed, GTS, Inc. should be contacted to assess the variation and, if necessary, reevaluate the recommendations contained in this report. EXCLUSIONS A Geotechnical Engineering report assesses the engineering properties of soil and rock. No environmental assessment of a project site is performed during a geotechnical exploration. If the owner is concerned about the potential for environmental hazards at the project site, other studies should be undertaken. The recommendations contained in this report are based on the understood project described in the Project Description section of this report. The recommendations should not be relied upon if the project description changes from the one noted in this report. Arkansas • Oklahoma • \Missouri • Kansas • Alabama I. r. QD V ' o .? 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I' dY "r3 r~rrau n B�570\"+Gr53 ]\'Ila a-± F.0 isaaulcG W and a;anuaG _GG\..RnIG�.i b!Sap 1 W A V 0 U 0 a N O M V C N U w z w u a N D C 0 n 0 u m ui 0 °rn O a Z m ro IL m 0 8 8 8 0 8 8 Si my " 8 3 8 vg 5� 9i « N 8 8 88 8 8 8 S ri yi p N N }} 8 8 ry Vl C u C � = N N 8 x g g pgg F u a 8 g' i ti- n n 80 x .i 8 N g g U • 1 8 « � sp h p a » « g 8 n 8 8 8 a §. §. § $R q n 1 g 8 n U c$ $ 8 N 8 8 Q O N p L7 a n y m o is aSi b o c $ 8 8 .R 8 8 v i r N m C ry n N U O 8 a a » a n « « e 0 o ¢ • 8 8u 8 V O y 2 m 8 8 « « U 8+ 8 8 g 8 8 8 'o O1 n n o "ng� ^ a 8 8 8 8 8. 8 8 8 `5 8 8 8 E r a « 8 8 8 88 8 8 8 8 8 a 8 8 $ 8 E E } LL T J J o z P p N tl E _ ^ Y o �� � m b m � n C a o •• u �� n :c7 o w u E E_ •a "= m a u- c f8 m u' n n ♦ a r- m q9- i z. THE AMERICAN INSTITUTE OF ARCHITECTS 11111IIIIHill HID 11i1IIll11111111111Ill 11111IID11111110HI Doc ID: 014606470009 Type: LIE Kind: PERFORMANCE BOND Recorded: 05/24/2012 at 12:26:55 PM Fee Amt: $55.00 Paae i of 9 Washinaton County. AR Bette Stamps Circuit Clerk FileBO31-00000207 AIA Document A372 Performance Bond Bond # 6072083 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Benchmark Construction of NWA, Inc. 333 West Poplar, Ste A Fayetteville, Arkansas 72703 OWNER (Name and Address): City of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 SURETY (Name and Principal Place of Business): Westfield Insurance Company P. O. Box 5001 Westfield Center, Ohio 44251-5001 CONSTRUCTION CONTRACT Date: / / Amount: FOUR HUNDRED SEVEN THOUSAND FIVE HUNDRED SIXTY AND 07/100THS Dollars ($407,560.07) Description (Name and Location): Installation of Concrete Pad, 1560 S. Happy Hollow Rd., Fayetteville, AR BOND Date (Not earlier than Construction Contract Date): / / Amount: FOUR HUNDRED SEVEN THOUSAND FIVE HUNDRED SIXTY AND 07/100THS Dollars ($407,560.07) Modifications to this Bond: I None (.) See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Benchmark Construe ' n of NW nc. Signature: 'Ga Name and Title: (Any additional signatures appear on page 3) SURETY Company: (Corporate Seal) Westfield Insurj'cecgmpfiny Signature:Name and and Title: Beth Solomon Attorney -In -Fact (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Brown -Hiller -Clark & Associates other party): P.O. Box 3529 Fort Smith, Arkansas 72913 (479) 452-4000 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER i984 ED. - AIA ,.g THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGION. D.C. 20006 A312-1984 THIRD PRINTING • MARCH 1987 4. 1 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 It 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.T. 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 I() below that the Owner is considering declaring a Contractor Default and has requested and atten)pied 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 Construc- tion Contract. if the Owner, the Contractor and the Surety agree, the Contractor shall he allowed a reason- able 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 Detault and formally terminated the Contractor's right to corltplote the contract. Such Contractor Default shall not he de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 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 accor- dance with the terms of the contract with the (:.)%veer. 4 When the Owner has satisfied the conditions of Para- graph .1, the Surety shall promptly and at the Surety's ex- pense lake 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.' Construe - tion Contract itself, through its agents or through inde- pendent 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 C:ort- struclion Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance, and payment hoods executed by a (Iuatified surety equivalent to the bonds issuedon the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess 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 wit Ii reasonable promptness under the circunlslartces: 1 After investigation, determine the .)mount for which it may be liable to the Owner and, as soon as practicable after the amount is deter - in ined, 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 he dt•entt'ct to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Sort -Is' demanding that the Surety perform its obligations under this Bond, and the Owner shall he entitled to enforce any remedy available to the Owner, If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuse the payment tendered or the Surety has denied liability, in whole or in part, without further notice the (:)wrier shall he entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Coot ractrir's right to complete the. Construction Contract, and if the tiurety elects to act under Subparagraph 4.1, 4.1, or 4.3 above, then the responsibilities of the. Surety to the ()sync( ;hall riot 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. Tot he limit of Ills' amount of this Bond, but subject to commitment 1)v the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract. the Surr- lv is obligated without duplication for: 6,1 The responsibilities of the Contractor for corrc( tion of defective work and completion of the C:onslrui- lion Contract; 6.2 Additional legal, design professional and delav costs resulting from the:' Contractor's Default, and re- sulting 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 dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surely shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struc'lion Contract, and the Balance of the Contract Price Shall not he reduced or set Off on account of any such unrelated obligations. No right of action shall accrue oil this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 6 The Surety hereby waives notice of any change, includ- ing:, changes of time, to thce Construction Contract or to related subcontracts, purchase orders and other nhliga- lions. 9 Any proceeding, legal ur equitable, under this fined may he 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 Surely refuses or fails to perform its obligations under this bond, whichever oc- curs first. II the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 - Pl.R1ORMANcE l3d)ND A,Nt1 PAYMtNI MIND - DEC{,MBlR IW6r I1). • AlA .q lint AM(RICA,4 INjrttUTI, of ARCHITECTS. 17.15 Nt:W YORK AVt.. NW., WASHINGtON. D.C. 2(xfrx, A312-1984 2 Irt1RI) t'KlNTING • ti5ARe:II'15(07 able 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 sig- nature 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 con- forming 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. 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 Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: Address: (Corporate Seal) tractor 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, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form 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 Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof, SURETY Company: Signature: Name and Title: Address: (Corporate Seal) AIA DOCUMENT A312 • PERFORMANCE BOND ANt) PAYMINI BUNT) • L)L(:EMBLR 1484 I.D. - AIA .n III[ AMERICAN INSTITUTI OF ARC11IT€cTS, 1735 NEW YORK AVf,, NW,, WASHINC:rON, D.C. 20000, t11IRD PRINTING • MARCH 1987 A312-1984 3 POWER if AND 156UED PRIOR TO 07107111, FOR ANY PERSON OR PERSONS NAMED BELOW. GeneraPower of Attorney POWER NO. 0320052'04 Westfield Insurance Co. Westfield National insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know Aft Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a -Company- and collectively as "Companies,' duly organized and existing under the laws of the State of Ohio, and having its principal office In Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint SAM B. HILLER, LARRY R. CLARK, JANICE A. BUTLER, SCOTT R. CLARK, MARTY C. CLARK, VICCI L HILLER, SHANNON C. SCHMIDLY, BETH SOLOMON, JOINTLY OR SEVERALLY of FORT SMITH and State of AR its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred In its name, place and stead, to execute, acknowledge and deliver any and all -bonds, recognizances, undertakings, or other Instruments or contracts of suretyship- ----------------------------------------- ......-------- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANiEE, OR BANK DEPOSITORY BONDS. - and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seat of the applicable Company and duly attested by lts'Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any secretary or any Fidelity & Surety Operations Executive or other Executive' shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fad tq represent and act for and -on behalf of the.Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of Indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.'. 'Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It Is attached.(Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and'OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 07th day of JULY A.D., 2011 Corporate' , .,..,..,.......... Seals Affixed �� .at.. �Sdp. State of Ohio N�...,....•� County of Medina as.. WESTFIELD INSURANCE COMPANY �'---• WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY ; 1848 ?J ' t Richard L. Kinnaird, Jr., National Surety Leader and Senior Executive On this 07th day of JULY A.D� 2011 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he Is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and'OHIO FARMERS INSURANCE COMPANY, the companies described In and which executed the above Instrument; that he knows the seals of said Companies; that the seals affixed to said Instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial ASftlbxaid (I1I""'i) t A L William J. Kahelin, A ey at Law, Notary Public State of Ohio r �O My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Med[na ss.: I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, Which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out In the Power of Attorney are In full force and effect In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day 01 - A.D. _ r SEAL ::nc -�ititl�itTi�lp�pj A7J(!f t Q. ' secretary j•, IB48 ? Frank A. Carrino, Secretary r3POAC2 (cotiined) (08-02) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond Bond # 6072083 Any singular reference to C:ontractor, Surely, Owner or other party shall he considered plural where applicable. CONTRACTOR (Name and Address): Benchmark Construction of NWA, Inc. 333 West Poplar, Ste A Fayetteville, Arkansas 72703 OWNER (Name and Address): City of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 SURETY (Name and Principal Place of Business): Westfield Insurance Company P. O. Box 5001 Westfield Center, Ohio 44251-5001 CONSTRUCTION CONTRACT Date: I I Amount: FOUR HUNDRED SEVEN THOUSAND FIVE HUNDRED SIXTY AND 07/100TIIS Dollars ($407,560.07) Description (Name and Location): Installation of Concrete Pad, 1560 S. Happy Hollow Rd., Fayetteville, AR BOND Date (Not earlier than Construction Contract Date): I I Amount: FOUR HUNDRED SEVEN THOUSAND FIVE HUNDRED SIXTY AND 07/t00THS Dollars ($407,560.07) Modifications to this Bond: (.--1 None I.j4 See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Benchmark Construction of NW Inc. AA� Signature: Name and Title: (Any additional signatures appear on page 6) SURETY Company: (Corporate Seal) Westfield Insur ce Comp Signature: Beth Name. and Title: Solomon Attorney -In -Fact (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE'" (Architect, Engineer or Brown -Hiller -Clark & Associates other party): P.O. Box 3529 Fort Smith, Arkansas 72913 (479) 452-4000 AIA DOCUMENT A312 • PERFORMANCE BONE) AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINL:TON, D.C. 21)006 A312-1984 4 1 HIRD PRINTING • MARCH 1987 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 perfor- mance of the Construction Contract, which is incorpo- rated 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 fur- nished 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 pay- ment, 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 Con- tractor 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 no- tice 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, have sent a written notice to the Surety (at the address described in Paragraph l2) 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 suffi- cient 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 perfor- mance 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 prior- ity to use the funds for the completion of the work, 9 The Surety shall not he liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract.. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations 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 juris- diction 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 last mate- rials or equipment were furnished by anyone under the Con- struction 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 he performed, any provision in this Bond conflicting with said statutory or legal requirement shall he deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A'I12 • I'[RIORNIAN(:'I. [iONt) ANI) I'A1',\4LNI Ii))'\) • [][1;1 -NM I.R 14fliii) . • Al A' 1H1 AMIRICAN INSI IIt) II UI ARCIiH ECTS. 17ii NEW YORK AVI . NW. N'Asl I INr; ION. u 21xxii A312-1984 5 IHIRD PRIN1INf; • NIARCII 191[i7 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. 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 equip• ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: See Attached A312 Payment Bond Rider (Space is provi CONTRACTOF Company: Signature: Name and Title: Address: (Corporate Seal) 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 sig- nature 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 Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Company: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. • AIA :S THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 2(X106 THIRD PRINTING • MARCH 1987 (Corporate Seal) A312-1984 6 Bond # 6072083 A312 PAYMENT BOND RIDER This rider amends the provisions of the A312 Payment Bond as follows: Paragraph 5 Is deleted in its entirety. Paragraph 6 Is deleted in its entirety and replaced with the following: 6. When the Surety has received Notice as required in Paragraph 4 above, the Surety shall take the following action; 6.1) Send an acknowledgment letter to the claimant, with a copy to the Owner, requesting Information and documentation necessary to investigate the claim. 6.2) As soon as reasonably practical under all circumstances, and after having received the requested documentation from the claimant, including a properly executed Affidavit of Claim, advise the claimant of the status of the claim. No provision of this bond shall be interpreted to waive or discharge any right or defense of the Surety or the Contractor. No action or failure to act by the Surety or the contractor shall be considered to be a n admission of liability or a waiver of the Contractor or Surety's right to dispute a claim in whole or in part. BD 5971A (09-08) POWER # AND ISSUED PRIOR TO 07107111, FOR ANY PERSON OR PERSONS NAMED BELOW. General Power of Attorney CERTIFIED COPY POWER NO. 0320052T04 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and'having Its principal office In Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint SAM B. HILLER, LARRY R. CLARK, JANICE A. BUTLER, SCOTT R. CLARK, MARTY C. CLARK, VICCI L HILLER, SHANNON C. SCHMIDLY, BETH SOLOMON, JOINTLY OR SEVERALLY of FORT SMITH and State of AR Its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred In its name, place and stead, to execute, acknowledge and deliver any and all -bonds, recognizances, undertakings, or other Instruments or contracts of suretyship- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • - • - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE AREA , OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as If such bonds were signed by the President, sealed with the corporate seat of the applicable Company and duly attested by Its -Secretary. hereby ratifying and confirming all that'the said Attorneys) -In -Fad may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be it Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive•shail be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fad tq represent and act for and on behalf of theCompany subject to the following provisions: The Attorney -In -Fact. may be given full power and authority for and In the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of Indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shah be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary. Be ft Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting held on February 8; 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OH1O FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corpoiate seals to be hereto affixed this 07th day of JULY A.D., 2011 . Corporate' s �................... Seals o\�`sy� ro !SEL State of Ohio ,• Nl•+....a,,rr• County of Medina ss WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY 1648 ri= B 4 4�Richard L, Kinnaird, Jr., Nation! Surety Leader and Senior Executive On this 07th day of JULY A.D., 2011 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medlna, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and -OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above Instrument; that he knows the seals of said Companies, that the seals affixed to said Instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Amy Pp,lAt_ S • William J. Kohelin, A rney at Law, Notary Public State of Ohio '6st� o M County of Medina ss.: y►r,�� Y Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) ATE Of Q - 1, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Companies, Which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are In full force and effect In Witness Whereof, I have hereunto set my hand and affixed the seats of said Companies at Westfield Center, Ohio, this . day of Secrdazy SEAL J¢J/ ;'o 's : B48: sTr'•., + ., •4 Frank A. Carrino, Secretary BPC'FAG2 (cottpilid) (06-02) 1 DATE (MMroDIYYYYl AWRIJ CERTIFICATE OF LIABILITY INSURANCE I 5121/2012 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 AFFORPED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemen s . PRODUCER Paul E Dunn Insurance Agency Inc. CONTACT NAME; PHONE 479.587-0070 PA!C Nc : 479 -58T -0O80 1722 N Gregg Fayetteville AR 72703 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC S INSURER A: Auto Owners 18988 INSURED Auto Owners 18988 -INSURERS: INSURER C: Auto Owners 18988 Benchmark Construction of NWA, Inc. INSURER D: Auto Owners 18988 333 W Poplar Street INSURER E : Fayetteville, AR 72703 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. ILTRR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMIIDDOIYYYY POLICY UMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE E OCCUR X 70199442 11/1/2011 11/1)2012 EACH OCCURRENCE $1,000,000 AMACETORENTEO PREMISES lEe o�.turrence $50,000 MED EXP (Any one person) $5,000 PERSONAL d ADV INJURY $1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO. JEErLOG POLICY fl PRODUCTS - COMP/OP AGG s2,000,000 s B AUTOMOBILE LIABILITY ANY AUTO OSX AUTOS Ei TOSULED AUTO HIRED AUTOS AUTOSWNED X 48-199442-00 11/2012 11/1/2012 COMBINEDSINGLE LIMIT deem $1,000,000 BODILY INJURY (Per person) S 1,000,000 BODILY INJURY (Per accident) $1,000,000 PROPERTY DAMAGE 340 008 5 C UMBRELLA LIAR EXCESS UAB X OCCUR CLAIMS -MADE 48-199442-01 11/1/2011 11/112012 EACH OCCURRENCE s1,000,000 AGGREGATE $1,000,000 DED I RETENTIONS s D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICER/MEMBER EXCLUDED? NJ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A 70037637 11/112011 111112012 VWG STATWTTbTH. 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) CERTIFICATE HOLDER CANCELLATION City of Fayetteville SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT10N DATE THEREOF, NOTICE WILL BE DELIVERED IN 113 W Mountain ACCORDANCE WITH THE POLICY PROVISIONS. Fayetteville, AR 72701 AUTHORIZED REPRESENTATIVE 479-575-8257 K © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ni City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements N/A City Council Meeting Date Agenda Items Only bft&11aAK �4%t. Brian Pugh Solid Waste and Recycling Operations Submitted By Division Department Action Required: Request for approval of change order revision to Resolution 99-12 for Bid #12-39 with Benchmark Construction, Inc. in the amount of $13,122 for the changes to amount of red dirt material (see attached memo). $ 13,122.00 Cost of this request 5500.5080.5816-O0 Account Number 1000211 Project Number Budgeted Item n $ 422,289.00 Category / Project Budget Funds Used to Date $ 422,289.00 Remaining Balance Budget Adjustment Attached Compost Site Slab Expansion Program Category / Project Name Solid Waste Improvements Program 1 Project Category Name Solid Waste Fund Name / Y Previous Ordinance or Resolution # ate Original Contract Date: Original Contract Number: Date Finance and Internal Services Director Date Date 8a i� Date Received in City 07-31 -1 2 P04 :37 RCVD Clerk's Office E ED Received in Mayor's Office Revised January 15, 2009 To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff Terry Gulley, Transportation Director Matt Casey, Project Engineer From: Brian Pugh, Waste Reduction Coordinator Date: July 27, 2012 Subject: Request for approval of change order revision to Resolution 99-12 for Bid #12-39 with Benchmark Construction, Inc. in the amount of $13,122 for the changes to amount of red dirt material 1.3014141 lu1 �I7yyC�J�I Request for approval of change order revision to Resolution 99-12 for Bid #12-39 with Benchmark Construction, Inc. in the amount of $13,122 for the changes to amount of fill material. BACKGROUND The design of this project was based on survey data that was obtained the previous year around the rows of compost. This was the best data available without removing the compost from this area. During the construction of this project, it was discovered that the existing ground did not exactly match that which was depicted on the plans and on the survey. Because of this difference, it was necessary for the contractor to use additional fill material to bring the pad up to the design grade. BUDGET IMPACT Funds are available in the Solid Waste capital budget, project 10002 as a project contingency of $40,756.01 (approximately 10%) was approved with the contract. Telecommunications Device for the Deaf TDD ( 79)521-1316 113 West Mountain - Fayetteville, AR 72701 Change order Memo July 12 City of Fayetteville Change Order No. 1 Project Title: Construction — Installation of Concrete Pad Contract No. Bid 12-39 Contractor: Benchmark Construction of NWA, Inc The following changes are hereby made to the contract documents: Additions: Contract Date: May 15th, 2012 Increase the contract price by $13,122.00 for the addition 1,215 cy of Hillside Embankment material, compacted and in place. Justification: The design of this project was based on survey data that was obtained the previous year around the rows of compost. This was the best data available without removing the compost from this area. During the construction of this project, it was discovered that the existing ground did not exactly match that which was depicted on the plans and on the survey. Because of this difference, it was necessary for the contractor to use additional fill material to bring the pad up to the design grade. Original Contract Price: $_407560.07 This C.O. will increase contract by: $ 13,122.00 The new contract price will be: $_420682.07 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 Date 1- 3C� — Brian Pugh, Waste Reduction Coordinator Recommended By Matt Casey st. City Engineer Date -3-12 Approved by Contractor _ Date 4/IiQ_ Stev Smith Approved by Mayor Date Lionel o an