HomeMy WebLinkAbout129-13 RESOLUTIONRESOLUTION NO. 129-13
A RESOLUTION AWARDING BID #13-30 AND AUTHORIZING A
CONTRACT WITH LJB CONSTRUCTION, INC. IN THE AMOUNT OF
$54,473.00 FOR THE CONSTRUCTION OF A REPLACEMENT CONCRETE
FLOOR FOR THE SOLID WASTE TRANSFER STATION ON HAPPY
HOLLOW ROAD, AND APPROVING A PROJECT CONTINGENCY OF
$5,447.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid
#13-30 and authorizes a contract with LJB Construction, Inc. in the amount of $54,473.00 for the
construction of a replacement concrete floor for the solid waste transfer station on Happy Hollow
Road, and further approves a project contingency in the amount of $5,447.00.
PASSED and APPROVED this 4 h day of June, 2013
APPROVED:
ATTEST:
By: 4&"
SONDRA E. SMITH, City Clerk/Treasurer
011111
GAS Y p� .sG�..
fc-; FAYETTEVILLE;
City of Fayetteville Staff Review Form
J"Jj 0.� 4,L
V"C .
Brian Pugh
Submitted By
City Council Agenda Items
and
Contracts, Leases or Agreements
June 4th, 2013
City Council Meeting Date
Agenda Items Only
Solid Waste and Recycling
Division
ACtlon
3 y�
Transportation Services
Department
Resolution to award bid 13-30 in the amount of $tea 807ah2tk-6eta i and approve a project
contingency in the amount oEkzamo.
Cost of this request
5500.5080.5816.00
Account Number
07012 / 1
Project Number
Budgeted Item
Director
$ 198,898.00 Materials Facility Recovery Improvements
Category / Project Budget
Funds Used to Date
$ 198,898.00
Remaining Balance
Budget Adjustment Attached
s X /3
Date
IT- 17-�A
Date
_k, cta b. 5_
Finance and Internal Services Director Date
Da e
Program Category / Project Name
Solid Waste Improvements
Program / Project Category Name
Solid Waste
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City
,
Clerk's Office
Received in
Mayor's Office
Revised January 15, 2009
CL,+ Cel4 113
•
e eVl
ARKANSAS
• .
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
From: Chris Brown, City Engineer
Date: June 3, 2013
Subject: Solid Waste Transfer Station Tipping Floor Replacement
UPDATED RECOMMENDATION
PROPOSAL:
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Council Meeting of June 4, 2013
Bids were received on May 28, 2013 for the replacement of the concrete floor at the Solid Waste Transfer
Station on Happy Hollow Road. 4 bids were received, ranging from a high of $71,176.29 to a low of
$27,900. The low bid was submitted by Benchmark Construction of NWA, Inc. However, on May 31 ",
Benchmark construction withdrew their bid due to an error that would have created a financial hardship.
Due to the time sensitive nature of this project, and the need to get the work done in the summertime, staff
contacted LJB Construction, the second bidder at $54,473.00 and informed them that we would be
recommending that they be awarded the bid. LJB has submitted a signed contract that is included with this
memo.
RECOMMENDATION:
Staff recommends approval of the bid from LJB Construction in the amount of $54,473.00 and approval of a
contingency in the amount of $5,447, representing 10% of the construction bid.
BUDGET IMPACT:
This project will be funded from the Materials Facility Recovery Improvements Project in the Solid Waste Fund.
Andrea Foren - Solid Waste Concrete Pad Replacement
From:
Steve or Roger <benchmarkconst@att.net>
To:
Andrea Foren <aforen@ci.fayetteville.ar.us>
Date:
5/31/2013 8:57 AM
Subject:
Solid Waste Concrete Pad Replacement
Hello Andrea,
Yesterday evening, I printed the Solid Waste concrete takeoff from my computer to review it with Roger
and discovered an error that I did not see on the computer screen. The scribner error that occurred left
out all of the concrete material that totals $15,983.00. The error will result in a financial burden should
we take on the project. I regret to inform you that in the interest of Benchmark and the City, we will
need to withdraw our bid.
If you need to visit with me, please don't hesitate to call. This is an embarrasing situation and is below
Benchmark's standards. We apologize for any inconvenience.
Sincerely,
Steve Smith
BENCHMARK CONSTRUCTION OF NWA, INC.
333 W Poplar, Suite A
Fayetteville, AR 72703
Office: 479-251-1316
Fax: 479-251-1319
Roger Ross cell: 479-871-2085
Steve Smith cell: 479-871-2082
Email: benchmarkconst@att.net
RESOLUTION NO.
A RESOLUTION AWARDING BID #13-30 AND AUTHORIZING A
CONTRACT WITH LJB CONSTRUCTION, INC. IN THE AMOUNT OF
$54,473.00 FOR THE CONSTRUCTION OF A REPLACEMENT CONCRETE
FLOOR FOR THE SOLID WASTE TRANSFER STATION ON HAPPY
HOLLOW ROAD, AND APPROVING A PROJECT CONTINGENCY OF
$5,447.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid
#13-30 and authorizes a contract with LJB Construction, Inc. in the amount of $54,473.00 for the
construction of a replacement concrete floor for the solid waste transfer station on Happy Hollow
Road, and further approves a project contingency in the amount of $5,447.00.
PASSED and APPROVED this 4t" day of June, 2013.
APPROVED:
LIONELD JORDAN, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
BID: 13-30
DATE: 05/28/13
T e e;i
le
TIME: 10:00 AM
ARtVKA{; 115 CITY OF FAYETTEVILLE
Bid 13-30, Construction - Solid Waste Concrete Floor Replacement
BIDDER TOTAL BASE BID
1 Backus Concrete $ 64,500.00
2 Benchmark Construction of NWA, Inc. $ 27,900.00
3 GRR Land Co., LLC / Rip Gresham Construction $ 71,176.29
4 LJB Construction, Inc. $ 54,473.00
'NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
CERTIFIED: X�JA� n--...
FOREN, CH AGENT ITNESS DATE
1
THE CITY OF FAY 1 'MILE, ARK SAS
CONTRACT
Reference Bid: 13-30, Construction — Solid Waste Concrete Floor Replacement
Contractor: LJB Construction, Inc.
Term: Single Project
This contract executed this 'S1 st day of VA p , 2013, between the City of Fayetteville,
Arkansas, and LJB Construction, Inc. In consideration of the mutual covenants contained herein, the parties
agree as follows:
1. LJB Construction. Inc. at its own cost and expense shall furnish all labor, materials, supplies,
machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and
services necessary to complete items bid per Bid 13-30 as stated in LJB Construction. Inc. bid
proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 13-
30, all included herein as if spelled out word for word.
2. The City of Fayetteville shall pay LJB Construction, Inc. based on their bid proposal in an amount not
to exceed $54,473.00. Payments will be made after approval and acceptance of work and submission
of invoice. Payments will be made approximately 30 days after receipt of invoice. ,
3. The Contract documents which comprise the contract between the City of Fayetteville and LJB
Construction. Inc. consist of this Contract and the following documents attached hereto, and made a
part hereof:
A. Bid form identified as Invitation to Bid 13-30 with the specifications and conditions typed
thereon.
B. LJB Construction. Inc. bid proposal.
C. The Notice to Prospective Bidders and the Bid Tabulation.
4. These Contract documents constitute the entire agreement between the City of Fayetteville and LJB
Construction. Inc. and may be modified only by a duly executed written instrument signed by the City
of Fayetteville and LJB Construction, Inc.
5. LJB Construction, Inc. shall not assign its duties under the terms of this agreement
6. LJB Construction. Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of
Fayetteville, against any and all claims for property damage, personal injury or death, arising from LJB
Construction, Inc. performance of this contract. This clause shall not in any form or manner be
construed to waive that tort immunity set forth under Arkansas Law.
7. LJB Construction, Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville,
showing that he carries the following insurance which shall be maintained throughout the term of the
Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's
compensation insurance. In case any employee engaged in work on the project under this contract is
not protected under Worker's Compensation Insurance, LJB Construction, Inc. shall provide and shall
cause each Subcontractor to provide adequate employer's liability insurance for the protection of such
of his employees as are not otherwise protected.
Workmen's Compensation Statutory Amount
Bid 13-30, Construction — Solid Waste Concrete Floor Replacement
Page 1 of 2
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 LJB Construction, Inc.
8. LJB Construction. Inc. to furnish proof of licensure as required by all local and state agencies.
9. This contract may be terminated by the City of Fayetteville or LJB Construction. Inc. with 30 days
written notice.
10. This project shall be completed within seven (7) business days, Saturday counting as a business day,
from issue date of Notice to Proceed.
11. Liquidated Damages: Liquidated damages in the amount $6,350 shall apply per calendar day past the
allowable project completion time of seven (7) business days, with Saturday counting as a business
day. In the event liquidated damages apply, the City will deduct the liquidated damage amount from
the amount of funds due to the contractor.
12. 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.
13. 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 '30f DAY OF Q , 2013.
LJB CON UCTION, INC.
By: '
nature 4197� �.
Srll�,h%
Printed Contractor Name & Title
ATTEST (Signature)
Company Secretary (Printed Name)
Business Address
L-?Ol E/Zs A0. I Z 7 6;&
City, State & Zip Code
Date Signed:
Bid 13-30, Construction — Solid Waste Concrete Floor Replacement
Page 2 of 2
CITY O _FAYET ILLE, ARKANSAS
B
LI D JORD ayor
F
ATTEST: (Signature)
Sondra Smith, City Clerk :��\;•�Gy o •F9�''%oi
FAYETTEVILLE:x=
�.
-'S�•�gNSP. •
Date Signed: '9 r ' V�
City of Fayetteville
Bid 13-30, Construction — Solid Waste Concrete Floor Replacement
Bid Form
Contract Name: Bid 13-30, Construction — Solid Waste Concrete Floor Replacement
Bid Number 13-30
BID TO:
Owner: The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM: I
Bidder: LA Cools ZUC1— �occ
Section 1 — Intent:
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of
Fayetteville 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:
2. 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 City'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
I
Date
2 3-W - 26 3
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, AR
Bid 13-30, Construction — Solid Waste Concrete Floor Replacement
Page 23 of 29
ARKANSAS Project Check List
This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details
necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents.
Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder
from the responsibility of meeting all requirements of the Specifications concerning the preparation of an
acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using
this form itself is NOT a requirement.
59/- Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.)
- In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State
of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive
alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR.
All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the
actual addendums or marking acknowledgement on other bid pages).
line items shall be appropriately filled out and extended to reveal the line item price as well as the
total bid price. Total base bid should be calculated in the provided space.
II pages. provided with signature lines shall be appropriately signed, dated accordingly, and included
with submitted bid documents
fIbid documents shall be delivered in a sealed envelope to the address listed below before the stated
dline on the coversheet of the bid. All bids should be delivered with the name of the bidder
(contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number.
City of Fayetteville, AR
Purchasing Division — Suite 306
113 W. Mountain
Fayetteville, AR 72702
CONTRACTOR NAME: L-y (3 a0rSTi2V CTl04 (or..
ARKANSAS CONTRACTORS LICENSE NUMBER: O j i I uoo 3 1 4
'061.D oo Awe
JNISt Hound
City of Fayetteville, AR ®3A I303H
Bid 13-30, Construction — Solid Waste Concrete Floor Replacement
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 City 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 City 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 City.
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.
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.
City of Fayetteville, AR
Bid 13-30, Construction — Solid Waste Concrete Floor Replacement
Page 24 of 29
Section 4 — Base Bid Price:
Bid Amount (in US Dollars) Refer to "Terms and Conditions" for descriDtioi
A.) Total Turn -Key Bid Amount:
*Total amount to complete project based on bidding doc bments provided, including plans (including contractor all materials, labor,
bonds, insurance, taxes, etc).
B.) BIDDER CONFIRMS AND AGREES TO PROJEgX4WPLETION TIME OF 7 BUSINESS DAYS,
COUNTING SATURDAY AS A BUSINESS DAY: YES NO (CIRCLE ONE)
Section 5 — Listing of Subcontractors:
I, the signed General Contractor, certify that proposals from the following subcontractors were used in the preparation of
my proposal. I agree that if I am the successful bidder, and if the following subcontractors are approved by the City, I will
not enter into contracts with others for these divisions of the Work without written approval from the City.
NA
Section 6 — 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 the Agreement.
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 Agreement.
Section 7 — Communications:
A.) Communications concerning this Bid shall be addressed to the Bidder as follows:
J( Cu Zj c oL, i We-,
26� `IO S
Phone No. 1�Q
FAX No. T I { Act ql" G I+ I
Section 8 — SIGNATURE:
A.) This bid is being submitted in good faith, according to the entire bid package presented:
SUBMITTED on this ZB4h Date of t V `�� 20_3
Arkansas State Contractor License No. 0 t qI 3 W 314
If Bidder is:
City of Fayetteville, AR
Bid f 3-30, Construction — Solid Waste Concrete Floor Replacement
Page 25 of 29
OPTION 1: An Individual
Name (type or printed):
By: (SEAL)
(individual's Signature)
Doing business as:
Business address:
Phone No.:
OPTION 2: A Partnership
FAX No.:
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
LJ� CoNs79-ucZtoN k'tG
Corporation Name: (SEAL)
Date of Incorporation: 1"'U 6t0$7 2-W
Type eneral Business, Professional, Service, Limited Liability): kpz Q q (Z A:t- �h�"tZAG'TOtZ
By: &A,
(Signature - attach evidence of authority to sign)
Name (type or printed): LA,-;?4zy B5,-z
Title
t (CORPORATE SEAL)
Business address: Z Z)00 N • �T� ��1� . �2
Phone No.: ycr "t'b FAX No.: 49,T ' Scri G141
City of Fayetteville, AR
Bid 13-30, Construction - Solid Waste Concrete Floor Replacement
Page 26 of 29
City of Fayetteville
Bid 13-30, Construction — Solid Waste Concrete Floor Replacement
Vendor References
The following information is required from all Bidders so all bids may be reviewed and properly evaluated.
COMPANY NAME: �t✓ 4S>IV- ho�1 10�
BUSINESS ADDRESS: O tv • gnd
NUMBER OF YEARS IN BUSINESS:
[23. (lo49e2S, I . Z `7215 b
HOW LONG IN PRESENT LOCATION:
TOTAL NUMBER OF CURRENT EMPLOYEES: I t FULL TIME 1 (0 PART TIME
NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: 9 FULL TIME PART TIME
PLEASE LIST FOUR (4) LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE
PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must
be completed). Contractors shall have vP&1lid experience.
Q<_', �,.M Qt tweea:S
y r �
COMPANY NAME
_Vp eZ.s 4Q q
CITY, STATE, ZIP
� ML
CONTACT PERSON
��0'121 d
TELEPHON`' E� 0
0 1 ZI N Alyga2 C6 NTebC -r
DATE
.//CAOMPLLEE�TE 1D���(�/yy�y�ryk� �%� (w fP { �
� 4. 1I [mil l Vi.C� �� W •D�{�\� f�lL
E-MAIL ADDRESS
3 T f od-K
COMPANY NAME
:Far <'vrv. 4-1z
CITY, STATE, ZIP
&540K ike�
CONTACT PERSON
.4r1 f rO1Oo
TELEPHONE
bW (4610(1 64— yE11t2 S
DATE COMPLETED �/�
S�Dg . 9?dsl'EL. �p 1�(�D
E-MAIL ADDRESS
City of Fayetteville, AR
Bid 13-30, Construction — Solid Waste Concrete Floor Replacement
Page 27 of 29
2.'e%4
COMPANY NAME
JQJ E--rg.�, LLC , I(z 9 -1-r)o
CITY, STATE, ZIP
K\pT M 196 L ZJ(C- 4 , Pt,A--
CONNTAnCTT+PERSON s�
TELEPHONE
_.)t)u- 2of2
DATE COMPLETED �Ieoeq&
VAIW% I1 AL4y ic(4 Cc, ,t
E-MAIL ADDRESS
4. _Fj049m'V
I U.'e'. FOS
COMPANY NAME
CITY, S ATE, ZIP
�q C"61'1 3u M;2
CONTACT PERSON
,4gQ:]�AA r yo
TELEPHONE
4�tt_ 2-0(3
DATE COMPLETED
E-MAL ADDRESS
THE AMERICAN INSTITUTE OF ARCHITECTS
9
AIA Document A310
• • •
KNOW ALL MEN BY THESE PRESENTS, that we
LJB Construction, Inc.
2800 North 2nd Street, Suite 123, Rogers, AR 72756
as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety)
U.S. Specialty Insurance Company
16415 Addison Rd., Suite 200, Addison, Texas, 75001
a corporation duly organized under the laws of the State of Texas
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Fayetteville
113 W. Mountain Street, Fayetteville, AR 72701 (Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of
Five Percent of the Greatest Amount Bid--------------------------------- Dollars( 5%GAB
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project)
Bid 13-30 Solid Waste Concrete Floor Replacement, Fayetteville, AR
NOW, THEREFORE, if the Obligee, shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee,
in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee, the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee, may in good faith contract with another party to perform the Work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 28th day of May, 2013
ELL - .
(Witness)
(Witness)
AIA DOCUMENT A310 - BID BOND - AIA ®- FEBRUARY 1970 ED -THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006
Printed on Recycled Paper 9/93
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
ICNCQW ALL MEN BY THESE�RESENTS what American Contractors Indemnity Company, a California co>poation, Texas
Bonding Company, an assumed ate o Americataxtractors Indemnity Company, United States Surety Companys a7_aryland
corporation and U.S. Specialty Insurance C_ ompany a Texas corporation (collectively, the "Companies"), do by h e presents -maw,
constitute and appoint:
Sammy J. Mullis, John Newby, Michael L. Tullis, Mary Jo Zakrzewski or Cheri Irby of Little Rock, Arkansas
awer and authori
its. true= and_ lawful Attorneys) -in -fact, each in their separate capacity if more=tom one is �arne� �Ka:above, with full p__ _ ry _
hereby corr%rred in its name, place and stead, to execute,aclrnowledge and delter�nci all�nds, recogmzances, undertalungs
o=other instruments or contracts of suretyship to include riders, amendments, arrd' consents of surety, pro�din_g the -bond
penalty does not exceed ******Ten Million****** Dollars ($ ** I ,000,000.00** ).
This Power of Attorney shall expire without further action on December 08, 2016. This Power of Attorney is graned under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Reso-Ived that -the President, any Vice -President any ASSist3n ice -President, any Secretary or any. Assistant Secretary shall be and is_hereby vested rth farm
dower and authonty to appoint any one or more surtabf�peisonS as �rney(s)-in-Fact to represent and act for and on behalf of the Compat�blecCto f foElavtng
_ -
proyisions — — _-
Attorney-tn-Fact may be given full poweFAu _authority toi andm the name of and on behalfof.ihe Company, to execute, acknowledge and deliver, any and all bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability
thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary.
e it ResT�d that="the signature of any authorizediofficer and seal of.the Company heretafoie orjereafter affixedxo ny power of attomey-o_rany certificate telattng
there by facsitttt1� and any power of attorney or ce�f ficate beanng facsimile signature oLf�csimtIe sea talF�ie vah nd binding upon the_Company_wit respect to
— -_
any; bond or drideng to which it is attached. _
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
loth day of December, 2012.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
Corporate Seals UNITED STATES SURBTYAOMPANY U.S. SPECIALTY INSURANCE COMPANY _ -
nvgr
ow
;`�,gpGTogy:4rr `.,DES Slt�, .. 0 �O �oY........aa�a., -
11 P d t
S ';= Daniel P. Agu' ar, Vice resi en
%o�'••_.....:` F�` Po-• ..• 'CE is
o OF wonnn"`��``��
4Lff..... riumuuaoo`" n nmPa
Slate o£-Caltfarnta
VW
oCS:ou
On 10ti day of December, 2012, before me, Vanessa Wright, a notary puexson�lyppearedDaniel P. Aguitar,Vtce President of
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance
Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the
person(s), or the_entity upon behalf of wh>ch the,pers fro acted, executed the instrument. —
I certify under PENALTY OF PERRMY,dr e�he laws .of the State of California that the foregoing paragrag true :and co ed.
- —
WITNESS my hand and official s . d wN R1 MMms
r f . _ ct dwy vaticn - camor a
Signature _y (Seal) Laa An0ai66 coamy
Comm: Ex tta t'ke 8.20t6+
I Jeanine _Lee, assistant Secretary of American Contractors Indemnit}�ompany, eras Bon�lc ing Company,.-.., States Surety =
Company and U Specialty Insurance Company, do hereby certify thaMeSozce angouig s a true and correct copy of a Power -_
-- of Attorney, executed by said Companies, which is still in full force and effect furthermore, the resolutions of the Boards of Directors,
set out in the Power of Attorney are in full force and effect.
y Angeles, California this b dam=
mpanies at Los
In Wi s reof, I have he u to set m hand and affixed the seals of said o —
Corporate Seals oatgP,CTORyiy„''' aES SURFrt-: `,"pNDIN(q co 40ty tnsu...%
0
V IkMRP04AlE0 W 3 � �; __ N Y a
s Jeannie Lee, sistant Secretary
Bond No Yb .., yo •. t� ' s:''. P�
Agency No _ A7038 4�ffOeMp trii n n:n: �i u�F TO�
Z•
ayll PV
eVARKANSAS
To: Mayor and City Col
Thru: Don Marr, Chief of
From: Chris Brown, City Engi
Date: May 28, 2013
Subject: Solid Waste Transfer Station Tippixrg Floor
PROPOSAL:
Bids were received on May 28, 2013 for the rf
Station on Happy Hollow Road. 4 bids were
$27,900. The low bid was submitted by Bencl
has provided this type of work for the City iry(I
at the solid waste facility's compost site. /
RECOMMENDATION:
Staff recommends approval of
contingency in the amount of $5,
BUDGET IMPACT:
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Council Meeting of June 4, 2013
lacement Vf the concrete floor at the Solid Waste Transfer
eceived, rahong from a high of $71,176.29 to a low of
lark Construc° on of NWA, Inc. Benchmark Construction
past, and has recently constructed an outdoor concrete slab
bid from Benchmark Construction\�of NWA, Inc, and approval of a
representing 20% of the construction 1514.
This project will be funded from the Materials Facility Recovery Improvements Project in the Solid Waste Fund
RESOLUTION NO. T
A RESOLUTION AWARDING BID #13-30 AND AUTHORIZING A
CONTRACT WITH BENCHMARK CONSTRUCTION OF NWA, INC. IN THE
AMOUNT OF $27,900.00 FOR THE CONSTRUCTION OF A
REPLACEMENT CONCRETE FLOOR FOR THE SOLID WASTE TRANSFER
STATION ON HAPPY HOLLOW ROAD, AND APPROVING A PROJECT
CONTINGENCY OF $5,580.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid
#13-30 and authorizes a contract with Benchmark Construction of NWA, Inc. in the amount of
$27,900.00 for the construction of a replacement concrete floor for the solid waste transfer
station on Happy Hollow Road, and further approves a project contingency in the amount of
$5,580.00.
PASSED and APPROVED this 4th day of June, 2013.
' , Z0V"11
ATTEST:
M.
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
BID: 13-30
DATE: 05/28/13
Tayve
����TIME: 10:00 AM
CITY OF FAYETTEVILLE
ARKANSAS
Bid 13-30, Construction - Solid Waste Concrete Floor Replacement
�Y'Al�: a1ga 'r�'`�'�" x L C¢`i"� :
.L g xga $ � � M
.F�r zMINE
1 Backus Concrete $ 64,500.00
2 Benchmark Construction of NWA, Inc. $ 27,900.00
3 GRR Land Co., LLC / Rip Gresham Construction $ 71,176.29
4 LJB Construction, Inc. $ 64,473.00
*NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
CERTIFIED: l,toi (17)Watll-
FOREN, PVJ-RCH AGENT
DATE
City of Fayetteville
Bid 13-30, Construction — Solid Waste Concrete Floor Replacement
Bid Form
Contract Name: Bid 13-30, Construction — Solid Waste Concrete Floor Replacement
Bid Number 13-30
BID TO:
Owner: The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM:
Bidder: Cz>AC 1
F",A,,e-n6m z-Le A,- "a`7a 3
Section 1 — Intent:
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of
Fayetteville 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:
2. 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 City'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, AR
Bid 13-30, Construction — Solid Waste Concrete Floor Replacement
Page 23 of 29
This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details
necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents.
Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder
from the responsibility of meeting all requirements of the Specifications concerning the preparation of an
acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using
this forrd itself is NOT a requirement.
5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.)
In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State
of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive
alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR.
All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the
VIL_�_' 11 ctual addendums or marking acknowledgement on other bid pages).
Ali line items shall be appropriately filled out and extended to reveal the line item price as well as the
tptal bid price. Total base bid should be calculated in the provided space.
jr'
e'
All pages provided with signature lines shall be appropriately signed, dated accordingly, and included
wjth submitted bid documents
All bid documents shall be delivered in a sealed envelope to the address listed below before the stated
deadline on the coversheet of the bid. All bids should be delivered with the name of the bidder
(contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number.
City of Fayetteville, AR
Purchasing Division — Suite 306
113 W. Mountain
Fayetteville, AR 72702
CONTRACTOR NAME: 1cYF—AV,-Hi1AAAK azNS-
ARKANSAS CONTRACTORS LICENSE NUMBER: S DD:
City of Fayetteville, AR
Bid 13-30, Construction — Solid Waste Concrete Floor Replacement
Page 3 of 29
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 City 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 City 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 City.
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.
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.
City of Fayetteville, AR
Bid 13-30, Construction — Solid Waste Concrete Floor Replacement
Page 24 of 29
Section 4 — Base Bid Price:
Bid Amount (in US Dollars). Refer to "Terms and Conditions" for descriptions.
d-
A.) Total Turn -Key Bid Amount:
'Total amount to complete project based on bidding documentf provided, including plans (including contractor all materials, labor,
bonds, insurance, taxes, etc).
B.) BIDDER CONFIRMS AND AGREES TO PROJECTROInLETION TIME OF 7 BUSINESS DAYS,
COUNTING SATURDAY AS A BUSINESS DAY: E NO (CIRCLE ONE)
Section 5 — Listing of Subcontractors:
I, the signed General Contractor, certify that proposals from the following subcontractors were used in the preparation of
my proposal. I agree that if I am the successful bidder, and if the following subcontractors are approved by the City, I will
not enter into contracts with others for these divisions of the Work without written approval from the City.
N/A
Section 6 — 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 the Agreement.
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 Agreement.
Section 7 — Communications:
A.) Communications concerning this Bid shall be addressed to the Bidder as follows:
eto <M /Trig
Phone No. �09 zv5'/-
FAX No.
Section 8 — SIGNATURE:
A.) This bid is being submitted in good faith, according to the entire bid package presented:
SUBMITTED on this r�� Date ofy 4 K , 20.
Arkansas State Contractor License No. 02 33-5UDgd
If Bidder is:
City of Fayetteville, AR
Bid 13-30, Construction — Solid Waste Concrete Floor Replacement
Page 25 of 29
OPTION 1: An Individual
Name (type or printed):
By:
(I idual's Signature)
Doing business as:
Business addre�,
Phone No.:
OPTION 2: A Partnership
Partnership Name:
By:
(Signature of ge I partner — attach evidence of authority to sign)
Name (type or prin d):
Business addres
Phone No.: FAX No.:
OPTION 3: A Corporation
Corporatio ame: (SEAL)
Date of Incorporation:
By:
ff-Iffi7ffew
, Service, Limited Liability):
(Signature — attach evidence of authority to sign)
Name (type or printed):J��-% A3
(SEAL)
Title: C149L7
% (CORPORATE SEAL)
33
Business address: U I 4N ? .'-Z
Phone No.: q -21 13/tn FAX No.: �?5 — t -Y cl
City of Fayetteville, AR
Bid 13-30, Construction — Solid Waste Concrete Floor Replacement
Page 26 of 29
City of Fayetteville
Bid 13-30, Construction - Solid Waste Concrete Floor Replacement
Vendor References
The following information is required from all Bidders so all bids may be reviewed and properly evaluated.
COMPANY NAME: JdCAZ, -lDj.4�je �N�-1° �.p- "&W f �
BUSINESS ADDRESS: 333 W. iq gz-AZ S' a` S--rE
NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION:
TOTAL NUMBER OF CURRENT EMPLOYEES: 142 FULL TIME
PART TIME
NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: _,S' FULL TIME PART TIME
PLEASE LIST FOUR (4) LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE
PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must
be completed). Contractors shall have valid experience.
i. G rTV ia-F -
COMPANY ME
/ 13 W. t/mz) 0-APT4 f r r
CITY, STATE, ZIP
CONTACT PERSON
2. 091 U 9 f IQgk
COMPANY NAME
�l�vp 4A
CITY, STATE, ZIP
6 6 6CCC-45TR
CONTACT PERSON
' 7! -'? r-7�'- ja62>
TELEPHONE TELEPHONE
DATE COMPLETED DATE COMPLETED
�t?dQ Al- Pr— ( & UA19 i< e EA*T
E-MAIL ADDRESS E-MAIL ADDRESS
3. 6 (1)� 6 F
COMPANY NAME
CITY, STATE, ZIP 10,
WYOVI,FIAI` M-- a-'l,A A]
CONTACT PERSON
:256-7/ref
TELEPHONE
6� b a
DATES ETED
E-MAIL ADDRESS G C) tA,
City of Fayetteville, AR
Bid 13-30, Construction — Solid Waste Concrete Floor Replacement
Page 27 of 29
4. H. 16441A/45 Qr f' (-6 6y 2(>M
COMPANY NAME
CITY, STATE, ZIP
CONTACT PERSON
TELEPHONE
6-zf63
DATE COMPLETED
fZ-944>4105ag,
E-MAIL ADDRESS
BeHoC
Broum . Hiller • Clark d-Associates
550.0 Euper Lane
PO Box 3529
Ft. Smith, AR 72913 (479) 452-4000
www.bhca.com
:. car :.; 11
KNOW ALI., MEN BY ` HFSE PRFSFNTS, that we
(Here insert full name &id address or legal title of Contracrar)
Benchmark Construction of NWA, Inc.
333 West Poplar, Ste A
Fayetteville, AR 72703
as Principal, hereinafter called the Principnl, and
i'E'eYP in.Cwrt fYdl nnmP oral ndllmxx nr legal r7tlP of S1JrPty)
Westfield Insurance Company
P. O. Box 5001
Westfield Center, OH 44251-5001
a corporation duly organized under the laws of the State of Ohio
as Surety, hereinafter called the Surety, arc held and firmly bound unto
,(Rare insert full. name and address or lagal title of Owner)
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE TOTAL AMOUNT BID
Dollars ('S 5% ), fur the payruent
of which sum well and truly to be made, the said Principal and the said Surety, bind oursolves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHERJEAS, the Principal has submitted a bid for City of Fayetteville- Solid Waste Concrete Floor
(Here insert full name, address and description of project)
Replacement
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
wirh the Obligee in occ:nrdance with the terrns of such bid, and give such bond or bonds as may be, specified in the
bidding or. Contract Documents with. good and sufficient surety for the faithful performance of. -Lich Contract and for the
prompt payment of labor and. material furnished in the prosecution thereof; or in the event of the failure of the Principal
to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed
the penalty hereof between rile amount specified in said bid and such larger amount for which the Obligee may in good
faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void;
otherwise to remain in full force and effect.
Signed and sealed this 28th
I
(Wiutess) Li
day of May
2013
Benchmark Construction of
(Pr .� ipall) __. (Seal)
r
Westfield Insurance Company
(St t —
tti+.�j (Snnl)
Elizabet A. Solomon, Attorney -in -Fact
AIA Document A310T9 -1970. Copytight @ 1.9M and i970 by The American Institute of Architecis.
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER # AND ISSUED PRIOR TO 07123112, FOR ANY PERSON OR PERSONS NAMED BELOW.
POWER NO. 0320052 04
General
Power
of Attorney
CERTIFIED COPY
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, ELIZABETH A. 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
GUARA TEE, 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
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-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 Attorney(s)-in-Fact to 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 National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 23rd day of JULY A.D., 2012 .
WUHNJ7 � N,Iusli,
Corporate "WESTFIELD INSURANCE COMPANY
seals Jd4•, �:`a?.�nN��nSG;^ WESTFIELD NATIONAL INSURANCE COMPANY
Affixed v. .ma. :'O: .� e" OHIO FARMERS INSURANCE COMPANY
r•� SEAL M ,�c113�RTE3
y=. 'M ; 1848
B.
••• ""`•• yDennis P. Baus, National Surety Leader and
State of Ohio Y
County of Medina ss.: Senior Executive
On this 23rd day of JULY A.D., 2012 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did
depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and 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
Seal 1 A L
Affixed �Q•�;`�I��`�ON'%�
l William J. Kahelin, A rney at Law, Notary Public
State of Ohio _U> o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.: q
pEOF0 °.
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. Witness Whereof, ffixed the seals of said Companies at Westfield Center, Ohio, this 2 8 ty�ay of
May A.D. 101� .
ONA
•
Ats
ve NOW
i
•� t�
-�� _
N SEAL .2
%
�
�•
R: =
,
BPOAC2 (combined) (06-02)
Frank A. Carrino, Secretary
City of Fayetteville Staff Review Form
City Council Agenda Items
and
li" ✓�''�`' ""' 7 /
11 (t
Contracts, Leases or Agreements
7 �61
June 4th, 2013
City Council Meeting Date
Agenda Items Only
Brian Pugh
Solid Waste and Recycling
Submitted By
Division
Action Required: /
Resolution to award bid 13-30 in the a ount of $27,900 to Benchmark C,6nstruc
contingency in the amount of $5,580.00. /
$ 27,900.00 $ 198,898.00
Cost of this request Catego / roject Budget
5500.5080.5816.00 $
Account Number
07012 / 1
Project Number
Budgeted Item
Director
1-�C"A U /44'1,
Finance and Internal Sevices Director
1 S.
Comments:
Transportation Services
Department
and approve a project
Materials Facility Recovery Improvements
Program Category / Project Name
Solid Waste Improvements
unds Used %ate, Program / Project Category Name
$ 898.00 Solid Waste
Remaining Balance
et Adjustment Attached
Previous Or ance or Resolution #
Da
Original Contra\ate:Original
/
Contra
Date
Date
Received in City
Clerk's Office
Date
QJ
Received in
_
Da e
Mayor's Office
Fund Name
n
Revised January 15, 2009
1Zq-l;
LJb
Performance Bond
(Conforms with The American Institute of Architects A.I.A.
Document No. A-311 - February 1970 Edition)
Bond No: 1000908975
KNOW ALL MEN BY THESE PRESENTS:
Doc ID: 015224320005 Type: LIE
Kind: PERFORMANCE BOND
Recorded: 06/07/2013 at 03:14:50 PM
Fee Amt: $35.00 Page 1 of 5
Washington County, AR
Kyle Sylvester Circuit Clerk(
FileB031�-00000925
that LJB Construction, Inc., 2800
North 2nd Street, Suite 123, Rogers, Arkansas, 72756, as Principal, hereinafter called
Contractor, and, U.S. Specialty Insurance Company, 16415 Addison Rd., Suite 200,
Addison, TX 75001 as Surety, hereinafter called Surety, are held and firmly bound unto
City of Fayetteville, 113 W. Mountain Street, Fayetteville, Arkansas, 72701, as
Obligee, he called Owner, in the amount of FIFTY-FOUR THOUSAND FOUR
HUNDRED SEVENTY-THREE AND NO/100THS Dollars (54 473.00), for the payment
whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor by written agreement dated this 31st day of May, 2013, entered
into a contract with Owner for Bid 13-30 Solid Waste Concrete Floor Replacement,
Fayetteville, AR in accordance with Drawings and Specifications prepared by City of
Fayetteville, 113 W. Mountain Street, Fayetteville, AR 72701, which contract is by
reference made a part hereof, and is hereinafter referred to as the Contract.
PERFORMANCE BOND
(Conforms with The American Institute of Architects A.I.A. Document No. A-311 - February 1970 Edition)
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said
Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's
obligations thereunder, the Surety may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms and conditions, or
2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of
the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder,
arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or
a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price, as used in this paragraph, shall
mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by
Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the
Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or
the heirs, executors, administrators or successors of the Owner.
Signed and sealed this 5th of June, 2013.
LJB ConstaAction, Inc.
Principal
Witness Seal
Witness
U.S. SnAialty insurance �mpany
Surety
Cheri Irby, Attorney -In -Fact
Labor and Material Payment Bond
(Conforms with The American Institute of Architects A.I.A.
Document No. A-311 - February 1970 Edition)
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON
THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
Bond No: 1000908975
KNOW ALL MEN BY THESE PRESENTS: that t-JB Construction, Inc., 2800
North 2nd Street, Suite 123, Rogers, Arkansas, 72756, as Principal, hereinafter called
Contractor, and, U.S. Specialty Insurance Company, 16415 Addison Rd., Suite 200,
Addison, TX 75001, as Surety, hereinafter called Surety, are held and firmly bound unto
City of Fayetteville, 113 W. Mountain Street, Fayetteville, Arkansas, 72701, as
Obligee, hereinafter called Owner, in the amount of FIFTY-FOUR THOUSAND FOUR
HUNDRED SEVENTY-THREE AND NO/100THS Dollars (54 473.00), for the payment
whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor by written agreement dated this 31st day of May, 2013 entered
into a contract with Owner for Bid 13-30 Solid Waste Concrete Floor Replacement,
Fayetteville, AR, in accordance with Drawings and Specifications prepared by City of
Fayetteville, 113 W. Mountain Street, Fayetteville, AR 72701, which contract is by
reference made a part hereof, and is hereinafter referred to as the Contract.
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the
Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following
conditions:
1. A claimant is defined as one having a direct
contract with the Principal or with a Subcontractor of
the Principal for labor, material, or both, used or
reasonably required for use in the performance of the
Contract, labor and material being construed to
include that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental of equipment
directly applicable to the Contract.
2. The above named Principal and Surety hereby
jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in
full before the expiration of a period of ninety (90)
days after the date on which the last of such
claimant's work or labor was done or performed, or
materials were furnished by such claimant may sue
on this bond for the use of such claimant, prosecute
the suit to final judgment for such sum or sums as
may be justly due claimant, and have execution
thereon. The Owner shall not be liable for the
payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder
by any claimant:
a) Unless claimant, other than one having a direct
contract with the Principal, shall have given written
notice to any two of the following: the Principal, the
Owner, or the Surety above named, within ninety (90)
days after such claimant did or performed the last of
the work or labor, or furnished the last of the
materials for which said claim is made, stating with
substantial
Signed and sealed this 5th day of June, 2013.
(Witness)
accuracy the amount claimed and the name of the party
to whom the materials were furnished, or for whom the
work or labor was done or performed. Such notice shall
be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed
to The Principal, Owner or Surety, at any place where an
office is regularly maintained for the transaction of
business, or served in any manner in which legal process
may be served in the state in which the aforesaid project
is located, save that such service need not be made by a
public officer.
b) After the expiration of one (1) year following the date
on which Principal ceased Work on said Contract, it being
understood, however, that if any limitation embodied in this
bond is prohibited by any law controlling the construction
hereof such limitation shall be deemed to be amended so
as to be equal to the minimum period of limitation permitted
by such law.
c) Other than in a state court of competent jurisdiction
in and for the county or other political subdivision of the
state in which the Project, or any part thereof, is situated,
or in the United States District Court for the district in
which the Project, or any part thereof, is situated, and not
elsewhere.
4. The amount of this bond shall be reduced by and to the
extent of any payment or payments made in good faith
hereunder, inclusive of the payment by Surety of mechanics'
liens which may be filed of record against said improvement,
whether or not claim for the amount of such lien be presented
under and against this bond.
LJB CApstruction, Inc.
(Pri al) (Seal)
(Title) (Seal)
U.S. ftecialty Insurance
(Witness)
Cheri Irby, Attorney -In -Fact
(Seal)
of 2
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS That American Contractors Indemnity Company, a California _corporation, Texas
Bonding Company, an assumed name of; AmerrcarrCmitractors Indemnity Company, United States Surety Corn�arki
corporation and U.S. Specialty Insurance Company, -.a Texas corporation (collectively, the "Companies"), do by these presenfs�
constitute and appoint:
Sammy J. Mullis, John Newby, Michael L. Tullis, Mary Jo Zakrzewski or Cheri Irby of Little Rock, Arkansas
its true andlawful Attomey(s)-in-fact, each in their separate capacity if more than onersnamed above, with full power and authority —
hereby conferrel its name, place and stead, to execute, acknowledge and deliver i4 a>didlunds, recognizances, undertakings
or=other—instruments or contracts of suretyship to include riders, amendments, and consents of surety, providnng the bond
penalty does not exceed ******Ten Million*****W Dollars ($ **10,000,000.00** ).
This Power of Attorney shall expire without further action on December 08, 2016. This Power of Attorney is graned under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice -President any Nssisti mYVice-President, any Secretary or any Assistant Secretary shall be and is hereb-y_=vested with full
power and authority to appoint any one or more suitable persons as Artforney(s)-in-Fact to represent and act for and on behalf of the Company salf}ecfo t#re�oll�w
provisions:
Attorney -in -Fact may be given full power and authority�the name of and on behalf of the Company, to execute, acknowledge and delve any and ali bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability
thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary.
E& it Resolved 3hatit_he signature of any authorized officer and seal of the Company heretofore or hezeaftera f ced3o any power of attorney or=any certificate relating
th eati by facsimile xnd any power of attorney or certificate bearing facsimile signature or facsimile seal shallFbelvalidzwhd binding upon the Company_with respectto
angbond or undertaking to which it is attached. —_ r
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
1 Oth day of December, 2012.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
Corporate Seals
UNITED STATES SURETY�iMPANY U.S. SPECIALTY INSURANCE COMPANY -
I IU 1 11 f „Irtlllllllrlrfff _
BY: —
c W y SEPT. 35, 1990 W • a" � r •a "=
Daniel P. Aguilar, Vice President
lrn nnnnova nrnu unup�O"`� rf rOF Tn" 'Onnr nnp�"°``�
State of -California
Country of Los Angeles SS: = = —
_ On;1Otlhiaayf December, 2012, before me, Vanessa Wright, a notary pdbjjg r$ pAlly appearedDaniel P. Aguilar Vice President=of
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance
Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the
person(s),, or the entity upon behalf of which the person( acted,
I certify under PENALTY OF PERNRVdif erf_ b a of the
WITTNESS my hand and official seal. _ _
r
Signature --_ -- (Seal)
executed the instrument.
State of California that the
Uloaftni Zee Assistant Secretary'' of American Contractors Indemnii
Company and MSpecialty Insurance Company, do hereby certify tha
of -Attorney, executed by said Companies, which is still in full force and
set out in the Power of Attorney are in full force and effect.
In W4'tMs Whe
ofr
Corporate Seals
Bond No.
g is a true and correct copy ofa Power
resolutions of the Boards of Directors,
I have !nKy o set my hand and affixed the seals of said Companies at Los Angeles,
California this day--
ACORlD
® CERTIFICATE OF LIABILITY INSURANCE
��
D/5/2ATE IDD/YYYY)
65/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
MNH Tullis LLC
124 West Capitol Ave, Ste 1820
Little Rock AR 72201-3744
CONTACT Cheri Irb
NAME: y
PHONE 501.801.5866 FA C No): 501. 801.5867
ADORLESS:cirby@mnhtullis.com
INSURERS AFFORDING COVERAGE
NAIC #
INSURER A:Em to ers Mutual Casualy co.
21415
INSURED
LJB Construction, Inc.
42 Morganshire Drive
Bella Vista AR 72714
INSURER B :
INSURERC:
INSURER D :
INSURER E :
INSURERF:
rnvcoer_Ge rr-PTIFIrATF NI IMRFR•CL1281717435 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCEJNJ&
ADDLSUBR
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MMIDD/YYYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTEG_
ccurrence
PREMISES Ea occurrence)
$ 100,000
MED EXP (Any one person)
$ 5,000
A
CLAIMS -MADE Fx_1 OCCUR
3D5676813
8/25/2012
8/25/2013
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
X POLICY PRO LOC
AUTOMOBILE LIABILITY
Ea COaccidentSIN LE LIMIT
1,000,000
BODILY INJURY (Per person)
$
A
X ANY AUTO
ALLOWNED SCHEDULED
X HIREDJSAUTOS X NON- WNED
E5676813
B/25/2012
8/25/2013
BODILY INJURY(Peraccident)
$
PROPERTY DAUTOS AMAGE
Per accident
$
Uninsured motorist combined
$ 1 000 000
X
UMBRELLA LIAB
X
OCCUR
EACH OCCURRENCE
$ 4,000,000
AGGREGATE
$ 4,000,000
A
EXCESS LIAB
CLAIMS -MADE
J5676813
8/25/2012
8/25/2013
DED I X RETENTION$ 10,00
$
A
WORKERS COMPENSATION
WC X ATULlM- OTH-
ER
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE a ;71
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
N/A
H5676813
8/25/2012
8/25/2013
E.L. EACH ACCIDENT
$ 500,000
E.L. DISEASE - EA EMPLOYEE
$ 500,000
I E.L. DISEASE - POLICY LIMIT
$ 500,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
I
A
Leased/Rented Equipment
C5676813
8/25/2012
/25/2013
$100,000 Per Item/Limit $1,000 Ded.
A
Installation Floater
C5676813
/25/2012
8/25/2013
$220,000Per locationfl'otal $1,000 Ded.
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
RE: Bid 13-30 Construction - Solid Waste Concrete Floor Replacement
I'IGA I t
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Tullis/CHERI
ACORD 25 (2010105)
INS025 /gmno.m n1
U 1988-2010 AGORD CORPORATION. All rigflts reserveO.
Tha Anewn nnma nnrl Inn^ arc ranictarart mnrlrc of Ar..npn