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145-13 RESOLUTION
RESOLUTION NO. 145-13 A RESOLUTION AWARDING BID #13-31 AND AUTHORIZING A CONTRACT WITH GENERAL CONSTRUCTION SOLUTIONS, INC. IN THE AMOUNT OF $71,980.00 FOR THE CONSTRUCTION OF IMPROVEMENTS TO MOUNT SEQUOYAH GARDENS, AND APPROVING A PROJECT CONTINGENCY OF $7,198.00 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 #13-31 and authorizes a contract with General Construction Solutions, Inc. in the amount of $71,980.00 for the construction of improvements to Mount Sequoyah Gardens, and additionally approves a project contingency of $7,198.00. PASSED and APPROVED this 2nd day of July, 2013. A UU11 n1rFn 12 ATTEST: SONDRA E. SMITH, City Clerk/Treasurer `����iit�rrrrr�►��i s FAYETEVILLE •XZv P TON 1N��� City of Fayetteville Staff Review Form City Council Agenda items and Contracts, Leases or Agreements 7/2/2013 City Council Meeting Date Agenda Items Only Carole Jones Park Planning Parks SubmliVed By Division Department Action ff recommends a resolution approving Bid #13-31 between the City of Fayetteville and General Construction utions, Inc. in an amount of $71,980 with a 10% project contingency of $7,198 for a total project cost of $79,178 the Construction of Mt. Sequoyah Gardens Improvements. $79,178.00 Cost of this request 2250.9255,5315.00 Account Number 02013.1202 Project Number Budgeted Item 111,790.00 Category 1 Project Budget $ 17,732.00 Funds Used to Date $ 94,058.00 Remaining Balance Budget Adjustment Attached epartrnent t3ir r Date Attorney Date ,-U Q_ Finance and internal Services Director Date Mt. Sequoyah Gardens Improvements Program Category 1 Project Name Mt. Sequoyah Gardens Improvements Program I Project Category Name Parks Development Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number. Received in C4. -! 2- .I 1 07 ? r I" V Clerk's office 1 0 Received in CAiAw Mayor's Office 4f�a�r3 Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTCORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director Alison Jumper, Park Planning Superintendent From: Carole Jones, Park Planner II Date: June 11, 2013 Subject: Bid #13-31, Construction - Mt. Sequoyah Gardens Improvements Agenda Request for July 2, 2013 Meeting PROPOSAL: Mount Sequoyah Gardens, consisting of three acres, is classified as a neighborhood park and serves the adjacent neighborhoods. Approximately 900 homes are located in a 1z-mile radius of the park ultimately serving an estimated 1,960 Fayetteville residents. The park is located in Fayetteville's southeast quadrant along Summit Avenue. Mount Sequoyah Gardens overlooks the city from the west slope of Mount Sequoyah and offers passive and active recreational activities in an open space with stunning views of the city. The elevation is 1,590 feet at the top of the park property. The site is the former location of an abandoned water treatment facility and water storage tank. In January 1998, several residents of the Mount Sequoyah area urged the Fayetteville Parks and Recreation Advisory Board to develop a park at the site. At that time, Walker Park, a community park located in south Fayetteville along Arkansas Highway 16, was the closest city park. On August 4, 1998, the City Council passed a resolution establishing and dedicating the site as a city park to preserve and enhance the panoramic views of the City of Fayetteville and the surrounding mountains. Citizens have requested a lookout in addition to accessible parking at Mount Sequoyah Gardens for many years. Staff designed a master plan for the park in 2012 and presented it to the Parks and Recreation Advisory Board. The- board__ approved- the __plan__on_July2,_-2012._ The __project_includes_the_replacement__of an_existing- asphalt roadway/access drive, installation of a pre-engineered arbor, and the construction of a concrete and native stone structure slab; arms 1-8=inch-native-stone-seat-wall; a-colored-concrete-apron,—ADA accessible -parking, connecting sidewalks, tree planting and associated site work. This project was approved as part of the 2013 CIP. The project was advertised on May 22 and 29, and bids were opened on June 11, 2013 at 2:00 PM. Two vendors including General Construction Solutions, Enc. and Diamond C Construction submitted bids. General Construction Solutions, Inc. was the low bid in the amount of $71,980. (See attached bid tabulation sheet.) The signed contract will be submitted for the final agenda packet. If approved, the construction of the project is anticipated to begin in August and be completed in November 2013. THE CITY OF FAYEfTEVlt.I,E, ARKANSAS RECOMMENDATION: Staff recommends a resolution approving Bid #13-31 between the City of Fayetteville and General Construction Solutions, Inc. in an amount of $71,980 with a 10% project contingency of $7,198 for a total project cost of $79,178 for the Construction of Mt. Sequoyah Gardens Improvements. BUDGET IMPACT: This project is funded with Parrs Development Funds. 02013.1202 - Mt. Sequoyah Gardens Improvements. Attachments: Staff Review Form Bid Submittal — General Construction Solutions, Inc. Certified Bid Tabulation Agreement Signed by Contractor Purchase Requisition site Plan The cost of $79,178 is accounted for in project number RESOLUTION NO. A RESOLUTION AWARDING BID #13-31 AND AUTHORIZING A CONTRACT WITH GENERAL CONSTRUCTION SOLUTIONS, INC. IN THE AMOUNT OF $71,980.00 FOR THE CONSTRUCTION OF IMPROVEMENTS TO MOUNT SEQUOYAH GARDENS, AND APPROVING A PROJECT CONTINGENCY OF $7,198.00 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 #13-31 and authorizes a contract with General Construction Solutions, Inc. in the amount of $71,980.00 for the construction of improvements to Mount Sequoyah Gardens, and additionally approves a project contingency of $7,198.00. PASSED and APPROVED this 2"d day of July, 2013 APPROVED: Lo LIONELD JORDAN, Mayor. ATTEST: M. SONDRA E. SMITH, City Clerk/Treasurer e Project Check List Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements 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. 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 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). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. All bidders shall�Iabmit the fvflowing gyms with each bid: Bid Fowl, Debarment Certification Form, Vendor References& Statement of Disclosure. F;�]All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents. ❑1% 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 Contractors License Number. City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME: ew.. , 4l C�aes`frr�e crr � � �•' S, �. ARKANSAS CONTRACTOR'S LICENSE #: O Z W "0qtq City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements June 11, 2013 BID BOND (Percentage) Bond No. 61710216 KNOWALL PERSONS BY THESE PRESENTS, That we General Construction solutions, Inc. of 1951 Electric Ave, Springdale, AR 72764�— , hereinafter referred to as the Principal, and WESTERN SURETY COMPANY as Surety, are held and firmly bound unto city of city of Fayetteville ►,"'�.. , hereinafter referred to as the Obligee, in the amount of Five Percent of the Amount Bid ( 5% ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Mt. SecruoVah Gardens Improvements, Replacement of Existing Roadway Access Drive Installation of Pre -Engineered Arbor Structure Et Al 5% NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 11th day of June 2013 Principal General Construction Solutions Inc. BY: �V. 4/��--- WESTERN SURETY COMPANY BY: ' Raymond Jos h Davis , Attorney -in -Fact Form F4595-8-2001 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 61710216 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Raymond Joseph Davis its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for; Principal: General Construction Solutions, Inc. Obligee: City of City of Fayetteville Amount: $500, 000.00 and to bind the Company thereby as fully and to the same extent as it such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(&) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall he executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any 'Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile" All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of September 9th 2013 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and this 11 th day of June 2013 . WES SUREAY COMPANY Paul T ruflat, Vice President On this 1 l th day of June , iin the year 2013 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTEPA&LMU.ghZVLAI and acckna +ledged said instrument to be the voluntary act and deed o said co tion. r S. PETRIK ftse i SOUTH DAKoFrA �W a Notary Public - South Dakota 'i�abbh�pbhbb�ey�oh�s�vb�ahbbbbb + My Commission Expires August 11, 2016 1 the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seat of Western Surety Company this 11th day of June 2013 WES R SURE Y COMPANY Form F5306-8-2012 Paul T ruflat, Vice President I ACKNOWLEDGMENT OF SURETY STATE OF Arkan as (Attorney -in -Fact) Bond No. G1710216 COUNTY OF_6C S. -U ss On this !Z IL _ day of 3 , before me, a notary public in and for said County, personally appeared hayEond JoseRh Davis to me personally known and being by me duly sworn, did say, that he is the Attorney -in -Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said 'instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the saidRay—mQLd Joseph D v' acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at `p , the day and year last above written. My commission expires Form 106-4-2000 i z.. 4AMONA i{pRiON ,., ,.,,,r,�t_ MY GOMMlS3tpTd # 12374995 • EX Washington CoDOW U r �'rid.•4' ,,. Bid 13-31, Addendum 1 Date: To: From: RE: Tuesday, June 4, 2013 All Prospective Vendors 7 ye PVNSASJle Andrea Foren, CPPB — 479.575.8220 —.aforen@ci.fayettevi1le.ar.us Bid 13-31, Construction — Mt. Sequoyah Gardens Improvements This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Form of Proposal. Failure to do so may subject bidder to disqualification. Addendum shall be attached to the inside cover of the bidding documents, signed, and dated. • Bid 13-31 has the following modifications and clarifications: 1.) Attached are the minutes and sign -in sheet from the pre -bid meeting that was held on May 31, 2013. 2.) REFER TO SHEET 7 (OVERLOOK LAYOUT PLAN AND DETAILS): 2.1. Details 1 and 2 for Sections A -A' and B-13% respectively: The Class 7 base shall be compacted to 95% Modified Proctor Density INSTEAD of Standard Proctor Density. 3.) REFER TO SHEET 12 (DETAILS SD4): 3.1 Detail 2 for Residential Driveway Approach: The note for the modified curb on the plan view shall refer to Sheet 11 INSTEAD of Sheet 10. 3.2 Detail 3 for Driveway Apron with Thickened Edge: The 4 inches minimum of Class 7 base under the thickened edge and the 6 inches minimum of Class 7 base under the apron shall both be compacted to 95% Modified Proctor Density. Acknowledge Addendum #1: Printed Name: Uri Signature:? Title: j�rc� o� Date: / f3 City of Fayetteville, Arkansas Company: fa GoIXfrA4,`p11 �q Bid 13-31, Addendum 1 Page I of I Telecommunications Device for the Deaf iDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Bid 13-31, Addendum 2 Date: To: From: RE: Friday, June 7, 2013 All Prospective Vendors Andrea Foren, CPPB, CPPO — 479.575.8220 -- aforen(aci.fa etteville.ar.us Bid 13-31, Construction — Mt. Sequoyah Gardens Improvements This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Form of Proposal. Failure to do so may subject bidder to disqualification, Addendum shall be attached to the inside cover of the bidding documents, signed, and dated. • Bid 13-31 has the following modifications and clarifications: 1.) Fly ash may be used as a partial replacement for Type I cement, not exceeding 20% by weight per AHTD 2003 Standard Specification for Highway Construction Division 500 Section 501. 2.) Specification Section 03 30 53 Cast in Place Concrete Part 3.7.0 shall read as follows: C. Water/Cement Ratio: 1. Concrete subject to freezing and thawing: Maximum water/cement ratio of 0.50, 3,500 psi at 28 days or more. City of Fayetteville, Arkansas Bid 13.31, Addendum 2 Acknowledge Addendum #2: Printed Name: L116r f¢ t Signature: a. y Title: EQ.sr , pate: !1 Company.G'&fal l w4r,-cA;n 41.4i5'sw, . Pa e 1 of 1 Telecommunications Device for the Deaf MD (479)Sal-1315 113 West Mountain -Fayetteville, AR 72701 Section 00 41 13 BID FORM Item Estimated Unit Description of Item Unit Price Total Amount No. Quantity 1 1 Lump Sun Moli ization - (shall nor exceed 5% of fetal Bid) /� CIO dollars S( )IL.S. s 3 0O. amount written in words in figures in ues 2 I Lump Sum Bouds and insurance 00 {��� DfiES _ dollars $( )f1..5. $ amount written en words in figures in fi res Demolition, removal and disposal ofapprox. 550 CF of existing asphalt driveway andapprox.1,9t5 3 t Lump um Cr of existing hose ' ap A Ila �X��bF )IL.S. $ amount urn .on in words infgures in fi res Site preparation - including tree protection fencing, tree planking, straw wattle, straw hales and 4 11�//� L%u,��x6,,uM concrete 710, u/t� /r�/'�If` /��+� f/Q QQ ! I4. /'/TU4I7��� �K/ FIMN"O TC.I�oiir4l y( ) L.S. $ OJ Q bo smount written in words r In figures in figures 14/4-inch Sch.40 electrical conduit for future 5 "�1$�� 19....., /Ll+'�ar Feet lighting - complete to place //''�t'����''''yI raj jLA![ , .7A0,U jX dollars $( )lL.F_ S 060 amount written in words in figures io figures 6 60 Cu&c Ymds Unclassified excavation �, / 00 477.6 iW&A AI amo wntien in words in figures in figures 7 70 c Yards Yaa�s,��vW Imported hillside ��. 00 S0,:j �t� ,yuN _ H )/X )1C.Y. y� g 1. amoum written in woods in figures in 6gnres a t85 Ty Class 7base /7 1�00 ; &Irj4 C! .59/&055 )ITON $ / dA amount written in words in figures in figures Five foot wide fiber reinforced concrete sidewalk (4• 9 6Q Sgaare Y s +inch thickness.p(f words / in figures 10 25 Square rds Concrete arbor slab (5-inco thickness) W pq 12-11 C,A uS&M r r, »i &A-15 ►"y &,,r )IS.Y. 3 I� amount written in words in figures in This bid form continues on the next page... City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements Page 00 41 13-1 June 11, 2013 BID FORM Continued Item Estimated Unit Description of Item Unit Price Total Amount It 2 �pqre Feet S�J�( Native flagstone for arbor dab �D / 76 Vd -/ re dollars l4 _JA amouruwntten in words in figures in Ggares 12 3 Li r Peer Native stow wall (t6drrcb z Minch) I�Al,E&d OQ 990 LIB / vu�, J IEi �( IrLF. $ amount written m words in figures in figures 13 r Wre Yards, /C,�olloreedd concrete apron / �/� /, /,�, / �j 4- /J ` iWo IlT/x1s/Y7l/LJ!r%t J T/7L//Vd G11 *� Y 1 f i/S.Y. $ amount written in words in figures in figures Installation of pre-engineered arbor (provided by 14 Lum Sam others) -co teinplace rdetails OQ ✓��rs.��Q ter, ,o, r S( )>L.s. $ 6/60 amount written in words in figures in figures 15 Squares 18-inch coue to flush curb (6-'rich thickness) ��� Il iPt� /,s�ArtSa�tll� S rilAid f-�u��J� 0/lfi�fr� )rS_Y. amount written in words in frgu in figures &Inch concrete residential driveway approach - 00 16 f �'3770j Squ Feet i//Y //T� complete in place per details �/ [ IT �_I�' G/T ,%/VDf� dtlla�lXry Q /� amount written in words in figures in figures 17 0 e ,Yards 3dneh asphalt >s $( )IS.Y. ✓ 00 $ 5 amount written in words in figures in figures 6-inch concrete apron at north end of drive - IS Sg areFeeeft compnlete�ijn,��Ia3ceper details QQ r�1611 t ll�9f/[JQ t��+ i�� /(/i/�/'/f/G $( lIS.F. �+ S G�+ _ amount written in words _dollars in figures in figures 19 10S L€ae Feet 6-iaehstsndsr concrete ,dgeettter ���i�l/r�li_� �[% amouaV� t written in words in in figures 20 1 Lump Sum and ADA symbol PO �AParking jjstriping dollars $( )lL.S. $ amount written in words in figures in figures 21 t Each Bicyclecrack - completee inplaceper details 00 Qi F� ��-,ty/�/ / y liars $( )/EA. S 17 amount written in words in figures in figures This bid form continues on the next page... City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements Page 00 41 13-2 June 11, 2013 BID FORM Continued Item Estimatcd. Unit Description of Item Unit Price Totat Amount Trees - complete in place per details luchrding 22 fi �) ) wrat�er/ �s /.fir %/� ,../� 00 /t rr!V fT�i/I r� S4— !J 7 V lTi�/VLJAIa- s( i/EA. $ t�mdl/ amount written in words in figures in figures Site restoration - including 4-inch depth topsoil, 23 1,225 Sg Feet a 0"IE I�moh �.wJ1ildflower seed, straw and water SIX 10" �rL/+r W J rdX— [, Jam+ y f J �YSf� / / ?/S,F. s / i A Q 6s0 amount written in words —Ty in figures in figures Site restoration - including 4-inch depth topsoil, 24 1,035 Squa o Peet buffalo grate a ed, straw a d water 00Q nuS.�irltl /�/Nullld�lllllV'1% ».. amount written in words figures in figures AL BED p� E1fL�ll,(%1I Q/VgDtS1SRQ lUlll%1�t1�11�� $ 1� . T— a written iu� in figures `i611r DEDUCTIVE ALTERNATES The price of the Bid foreach alternate will be the amount to be deducted from the price of theTotal Base Bid if the City of Fayetteville selects any of the alternates. The unit price amount for each alternate shall be the same as the unit price amount listed in the Bid. DI 5 �// S,q/�!./uare Feet _ / Native flagstone for arbersi'ab /Q 0 SfAJI%Q dollars $( )Iss. S �l� J J.6r00 amount written in words �— in figures in figures Trees - complete in placeperdottails including. D2� c watw� j �, D ' U.�I S ! / ��Ilars s{ ?/EA. S , -5h � . —7M2 amount written in words in Figures in figures Site restoration - including 4-inch depth topsoil, 00 D3 1,035 ,ware Feet butialo B_ras� seed, straw and water / 97U �t�F �1-r14�1SA if N,�/ �1�trINtl�F.L1 /� $c rs.F. S amount wntum in words in figurs in figures TOTAL D�CTIVE ALTERNATE ID 00 ':— •llfs�JlLSf/V+� i/TI►!(%.�/Yl)/liClJ /(j(YlaiyRs/� S,�^ amount written in words' in figures This bid form continues on the next page... City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements Page 00 41 13-3 June 11, 2013 BID FORM Continued Item Estimated Unit Description of item Unit Price Total Amount o lloti The Bidder shall state the price bid in words and figures (written in ink or typed) for each pay item, and the total bid. In case ofconflict between words and figures, the words, unless obviously incorrect, shall govern Bidder understands that the Owner reserves the right m award the total project, or to reject any or all bids and to waive any informalities in the bidding. Bidder agrees that this Bid shall be good and will not be withdrawn for a period of 50 calendar days after the scheduled closing time for receiving bids. Respectfully submitted,, Firm Name (San By _ -5' - '-'-2 ls.LAn =RgAo r �• Address city state ** Arkansas State Contractor's Ucense Number Q*% t"i sstxl )14 *" A Contractor's License is required to bid this project. This project requires a fire (5) percent bid bond at time of Lid opening. After contract award, a one hundred (100) percent performance and payment bond is required along with proofof insurance before construction begins. "NOTICE: BIDDERS ARE REQUIRED TO PROVIDE PRICING FOR ALL LINE ITEMS. FAILURE TO PROVIDE DEDUCTIVE ALTERNATE PRICING CAN RESULT IN BID BEING REJECTED. **THE CITY WILL AWARD THIS CONTRACT TO THE LOWEST QUALIFIED RESPONSIVE RESPONSIBLE BIDDER BASED ON THE LUMP SUM BID AS LONG AS SUCH BID FALLS WITHIN THE AMOUNT OF FUNDS CERTIFIED FOR THE PROJECT PLUS 25%. IN THE EVENT NO BID FALLS WITHIN THE AMOUNT OF FUNDS CERTIFIED FOR THE PROJCET, PLUS 25%, THE CITY WILL UTILIZE THE DEDUCTIVE ALTERNATES IN ORDER UNTIL BIDS CAN BE COMPARED WITHIN THE AMOUNT CERTIFIED, PLUS 25%. IN THE EVENT ALL DEDUCTIVE ALTERNATES ARE SUBTRACTED AND NO BID FALLS WITHIN THE AMOUNT CERTIFIED, PLUS 25%, ALL BIDS SHALL BE REJECTED. End of Section 00 41 13 City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements Page 00 41 13-4 June 11, 2013 City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements Certification of Debarment — THIS FORM NEEDS TO BE SUBMITTED WITH EVERY BID ATTENTION: Please submit this form with your bid. As A BIDDER on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Debarment: Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Your signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME: �• �- COMPANY: PHYSICAL ADDRESS:MAILINGADDRESS: IIRS ( akec,%,LvL .. U-'7 PHONE: Q14-14)-7S;t —AS66 _ FAX: 1-4W) 7S1— 765- _ EMAIL: SIGNATURE: DATE: (— t -ki - City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements Page 00 21 19-1 June 11, 2013 Section 00 41 18 VENDOR REFERENCES Bid #13-31, Construction - Mt. Sequoyah Gardens Improvements The following information is required from all Bidders so all bids may be reviewed and properly evaluated. COMPANY NAME: on a BUSINESS ADDRESS: 14'C( i Avit, 6L -7.-)-7 NUMBER OF YEARS IN BUSINESS:, HOW LONG IN PRESENT LOCATION: gvex- TOTAL NUMBER OF CURRENT EMPLOYEES:. - %*7 FULL TIME g� PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: % 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. 1. COMPANY NAME CITY, STATE, ZIP CONTACT PERSON TELEPHONE DATE COMPLETED E-MAIL ADDRESS City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements 51. COMPANY NAME CITY, STATE, ZIP CONTACT PERSON TELEPHONE DATE COMPLETED E-MAIL ADDRESS Page 00 41 18-1 June 11, 2013 Bid #13-31, Construction - Mt. Sequoyah Gardens Improvements Vendor References Continued 3. COMPANY NAME CITY, STATE, ZIP CONTACT PERSON TELEPHONE DATE COMPLETED E-MAIL ADDRESS City of Fayetteville Bid 13-31, Construction - Mt, Sequoyah Gardens Improvements 4. COMPANY NAME CITY, STATE, ZIP CONTACT PERSON TELEPHONE DATE COMPLETED E-MAIL ADDRESS Page 00 41 18-2 June 11, 2013 _ ��� General Construction Solutions, Inc. 1951 Electric Avenue 11 s®lutlQmSpriPhonnee::4t79-75e, 72764 Phone: r"®up Fax: 479-751-7650 www.ks=wa.com Client References: Farmington Board of Education 42 S. Double Springs Rd. Farmington, AR 72730 Bryan Law, Assistant Principle, Cell#: 479-387-7416, Email blaw@farmcards.org Reggie Higgs, Director of Maintenance Cell#: 479-790-6917 Job 1010 Sidewalks and Sign Improvements 8/2011 $44,081.00 Job 1011 Courtyard 1012011 $14,100,00 Job 1012 Sidewalks 10/2011 $15,900,00 City of Springdale Arvest Ballpark NWA Naturals P.O. Box 6817 Springdale, AR 72766 George Sisson, NWA Naturals Former Director of Stadium Operations Cell: 716-640-3041 Email: Job 1002 Wiffle Ball Field 3/2011 $11,832.50 Job 1003 Concrete Slab 312011 $17,980.00 Job 1015 Catch Base 1212011 $550.00 Job 1018 Main Concourse 2/12 $19,950.00 Oelke Construction Company 15931 Serenity Pt. Lane Rogers, AR 72756 Tim Oelke, Owner Cell#: 479-616-2440 Email: tim@oelkeconstruction.or�C Job 1014 Wal-Mart 11/2011 $18,290.00 (Oelke Construction, contractor and GCS subcontractor) Bella Vista Townhouse Association PO Box 5301 Bella Vista, AR 72714 David Whittlesey (479) 855-9328 Jot? 1020 Nantucket Retaining Wall 3/2012 $34,179.96 Job 1024 Nantucket 2 — Drainage 3/2012 $9,257.59 City of Rogers 301-Chestnut-Street---- - - - ----- -- - -- Rogers, AR 72756 Steve Glass, Director of Transportation (479) 644-9452 Job 1023 Blossom Way Trail 6/2012 $98,025.00 General Construction Solutions, Inc. 1951 Electric Avenue Springdale, AR 72764 Phone: 479-751-8868 Fax: 479-751-7650 Springdale Water & Sewer Division PO Box 769 Springdale, AR 72765 Rick Pulvirenti, Engineer (479) 6014012 Leonard Gabbard, Engineer (479) 409-9259 Job 1022 Hwy 266 Water Line Relocation 6/2012 $95,604.85 Arkansas Department of Parks & Tourism 1 Capitol Mall Little Rock, AR Alfredo Ordonez, Engineer (601) 537-9875 alfredo.ordonez arkansas. ov Marshall Ray, Inspector (501) 690-3936 Jolt 1026 Withrow Springs State Park -- Flood Damage Repairs 612012 $111,884.04 Swanson's Welding & Fabrication 1921 Ford Ave. Springdale, Arkansas 72764 Robert Swanson, President, Cell#: 479-422-0474, Email: robe rt af�swansonswelding.com Hayzen Guynn, Tyson Foods Cell#: 479-856-1733, Email: Havzen.guynn@ yt san.com Brad Walker, Tyson Foods Cell#: 479422-1306, Email: brad.walker on.com Job # 1028 thru 1056 Tyson Mexican Org. Grading & Concrete 8/2012 $368,105.00 Commerce Construction Company, Inc. 695 North 40P Street Springdale, AR 72762 Steve Marshall, Project Manager, Cell##: 479-871-6928, Email: steveA_ inwa.com Job 1047 Parkhill Clinic at Premier, Site work & parking lot 1112012 $125,230.00 Job 1064 Jungle Teeth, LLC, Demo/Site work, Bldg Demo 212013 $11,415.00 Rolling Hills Baptist Church 1400 E Rolling Hills Drive Fayetteville, AR 72701 Phillip Hadfield, Architect, (479) 444-8283 hadfieldphil , . mail.com Al Vaughn —Cell#: 479-466-7226 Job 1057—Canopy, Service ramp with handrail 312013 $51,170.00 Rabb's Construction. LLC 224 South Main Street Monticello, AR 71655 Ward Rabb (870) 367-6905 ward(c_r.rabbsconstruction.com Job 1065 -- Atwoods- Lowell, AR Site Utilities:$83,087.07 - Concrete:$790,250.00 0 Page 2 Section 00 51 00 NOTICE OF AWARD TO: Date: PROJECT DESCRIPTION: Construction - Mt Sequoyah Gardens Improvements The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated , 2013 and Instructions to Bidders. You are hereby notified that your BID has been accepted in the amount of: ', You are required by the Instructions to Bidders to execute the Contract and furnish TWO (2) original CONTRACTOR'S Performance BOND, Payment BOND, and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. Refer to the Instructions to Bidders section 00 21 13 for timing. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. CITY OF I✓AYETTEVILLE, ARKANSAS By: Carole Jones, PE Park Planner II - - ----- -ACCEPTANCE -OF-NOTICE-- - - - - - -- -- Receipt of the above NOTICE OF AWARD is hereby acknowledged by this the day of 2013. By: - _ Title: City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements Page 00 51 00-1 June 11, 2013 City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements Statement of Disclosure (please submit with Bid) ATTENTION: Please submit this form withyour bid. DISCLOSURE STATEMENT: Bidder must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Your response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: k-' 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain) PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR BID: 1.) 1, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; and 2.) My organization shall comply with all State and Federal Equal Opportunity and Non - Discrimination requirements and conditions of employment. Printed Narrrb Sgifed City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements Page 00 21 17-1 June 11, 2013 DATE: -3111113 Tay e ! r e TIME; 2.00 PM A R k A H 5 A 5 CITY OF FAYETTEVILLE j Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements TOTAL C. 1 Diamond C Construction Company $ 89,804,01 2 General Constriction Solutions, Inc. $ 71,980.00 'NOTICE: Bidiaward is contingent upon vendor meeting minimum specifications and formal authorization by City officials. I i CERTIFIED: / O P. VICE, PURCH MGR WITNESS/DAYE I I i .......... ...... ..... .. ......... SUMMIT AVENUE } ceA,c« i III f � r _ MoWld Mod#/ld f I rwFALOM -- x VICINI' CL J PL/Row i CL I I -L= ;=ND PL � PL � PL � Ek. PARK P'tiUOPLR IY _Ir?E m PL/ROw � EX. PARK P;IOPERTr/PDW LINE 0 30 60 1 INCH = 60 FTFT PARK PLANNING DIVISION!! $455 5. NAPPY HOLLOW ROAD MT. SEQUOYAH GARDENS SITE. PLAN AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the � day of�J in the year 2013 by and between the City of Fayetteville, Arkansas (hereinafter called CITY F in and General Construction Solutions, Inc. (herein after called CONTRACTOR). CITY OF FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The work generally consists of the replacement of an existing asphalt roadway/access drive, the installation of a pre-engineered arbor structure (provided by others), and the construction of a concrete and native stone slab, an 18-inch native stone seat wall, a colored concrete apron, ADA accessible parking, connecting sidewalks, tree planting and associated site work at Mt. Sequoyah Gardens and all items indicated in the Drawings and Specifications. Article 2. PROJECT MANAGER. The Project has been designed by City of Fayetteville Parks and Recreation Department 1455 South Happy Hollow Road Fayetteville, Arkansas 72701 will be hereinafter called PARKS AND RECREATION DEPARTMENT PROJECT MANAGER and who is to act as CITY OF FAYETTEVILLE's representative, assume all duties and responsibilities, and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract documents. Article 3. CONTRACT TIME. 3.1. The Work for Construction of Mt. Sequoyah Gardens Improvements shall be substantially completed within 90 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accor ands wit paragrap s 14.07.E & C of the General Conditions within 120 consecutive calendar days after the date when the Contract Time commences to run. 3.2. Liquidated Damages. CITY OF FAYETTEVILLE and CONTRACTOR recognize that time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements Page 1 of 8 July 2, 2013 CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by CITY OF FAYETTEVILLE, CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY OF FAYETTEVILLE shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1. For all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements Page 2 of 8 July 2, 2013 PAYMENT ITEMS General Construction Solutions, Inc. ITEM DESCRIPTION UNIT EST.QTY. -UNITPRICE - TOTAL 1 Mobilization not to exceed 5% of project bid L.S. 1 $3 000 $3,000.00 2 6onds and insurance LS. 1 $3 000. S3.000.00 3 Demolition, removal and disposal of approx. 5$0 CF of existing asphalt driveway and approx. 1 1 915 CF of existing base L.S. 1 $5.460MI $5 460.00 4 Site preparation - including tree protection fencing, tree planking, straw wattle, straw bales and concrete washout L.S. 1 $5 850.00 $5 850.00 5 1.114-inch $ch. 40 electrical conduit for future fighting - complete in place L.F. 185 $11.14 $2 064.00 6 Unclassified excavation C.Y. s0 $16.25 $97&00 7 Imported hillside C.Y. 70 $26.93 $1 885.00 8 Class 7 base TON 185 $39MI $7 215.00 9 Five-faol wide Aber reinforced concrete sidewalk 4-inch thicknessi S.Y. 60 $57.67 $3 460.00 10 Concrete arbor slab 5-inch thickness S.Y. 2$ $137.40 $3 435.00 11 Native fla stone for arbor slab S.F. 215 $9.74 $2 095.00 12 Native stonewall 16-inch x 18-inch L.F. 32 $187.19 $5 990.00 13 Colored concrete apron S.Y. 20 $14175 $2 855.00 14 installation of gMengirmered arbor(provided by others - complete in place perdetails Ls. 1 96,160.00 $5 160.00 15 18-inch concrete flush curb 6-inch thickness S.Y. 75 $50.40 $3 780.00 16 1&nch concrete residential drivewLaX aperoach - complete in place per details S.F. 370 $5.031 $1,860.00 17 3-inch asphalt S.Y. 320 $16.86 $5 400.00 18 6-inch concreteapron at north and of drive - complete in place perdetails S.F. 160 $3.28 $525.00 19 6-inch standard concrete curb and gutter L.F. 105 $12.33 $1 295.00 20 Parking Striping and ADA symbol L.S. 1 $300.00 $300.00-1 21 Bicycle rack - complete in place W details EA. 1 $975.00 $975.00 22 Trees - complete in place per details includinq water EA. 6 $375.00 $2 250,00 23 Site restoration - includin 4-inch depth topsoil, wildflower seed straw and water S.F. 1,225 $0.95 $1 165.00 24 site restoration - includin 4-inch depth topsoiL buNalo gross seed straw and water I S.F. 1 1,035 1 $1.921 $1,990.00 TOTAL BID AMOUNT S711980.00 As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.8 of the General Conditions. City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements Page 3 of 8 July 2, 2013 Article S. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in the General Conditions. 5.1. Progress Payments. CITY OF FAYETTEVILLE shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC-14.02 . All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, less the aggregate of payments previously made and less such amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.13.5 & 14.02.D of the General Conditions. 95 percent of Work completed (with the balance of 5 percent being retainage), If Work has been 50 percent completed as determined by the PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and if the character and progress of the Work have been satisfactory to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to CITY OF FAYETTEVILLE as provided in paragraphs 14.02.13.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.13.5 & 14.02.D of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.E & C of the General Conditions, CITY OF FAYETTEVILLE shall pay City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements Page 4 of 8 July 2, 2013 the remainder of the Contract Price as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in said paragraphs 14.07.13 & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce CITY OF FAYETTEVILLE to enter into this Agreement CONTRACTOR makes the following representations: 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR' purposes. CONTRACTOR acknowledges that CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, _m_mm _____ __ ___Wquenc_e_s�and procedures of construction to the emplo eed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by CITY OF FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements Page 5 of 8 July 2, 2013 Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given PARKS AND RECREATION DEPARTMENT PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between CITY OF FAYETTEVILLE and CONTRACTOR concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 8, inclusive). 7.2. Performance and Payment Bonds, (Exhibits A and B respectively). 7.3. Certificates of Insurance, (Exhibit C). 7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D). 7.5. General Conditions (pages 1 to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 13 inclusive). 7.7. Specifications consisting of Divisions 1 through 32 as listed in table of contents thereof. 7.8. Addenda numbers 1 to 2, inclusive. 7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered two through twelve with each sheet bearing the following general title: Construction - Mt. Sequoyah Gardens Improvements. 7.10. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.10.1. Notice to Proceed 7.10.2 All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements Page 6 of 8 July 2, 2013 There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article S. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. CITY OF FAYETTEVILLE and CONTRACTOR each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. City contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, CONTRACTOR will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7_. No liens against this construction _pr qt are allowed. Arkansas law (A.C.A. §§ 18- 44-501 through 508) prohibits the filing of any mechanics' or materialmen's liens in relation to this public construction project. Arkansas law requires and the Contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non- payment of labor or materials on the bond. The Contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements Page 7 of 8 July 2, 2013 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and one counterpart has been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by CITY OF FAYETTEVILLE and CONTRACTOR or identified by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER on their behalf. This Agreement will be effective on 2013 (which is the Effective Date of The Agreement). CITY OF FA By: [CORPORATE SEAL] UT Y FAY E NS o F I I110 Attest 164411A.- - Aotl Address for giving notices CONTRACTOR By. �i '0(x [CORPORATE SEAL] *Attest * If a Corporation, attest by the Secretary. Address for giving notices __. —(If-IC-ONTRAC-TOR is-a-corporation,-attach-evidence-of-autihority-t-o-sign-)------_-__-_-____ ____-_ -_-_ ___ City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements Page 8 of 8 July 2, 2013 SOS Online Filing System - Articles of Incorporation Page 1 of 2 The undersigned acting as incorporators of a corporation under the ARKANSAS BUSINESS CORPORATION ACT (ACT 958 OF 1987), adopt the following Articles of Incorporation of such Corporation: First: The name of the Corporation is: GENERAL CONSTRUCTION SOLUTIONS, INC. Must contain the words "Corporation", Incorporated", "Company", "Limited", or the abbreviation "Corp.", "Inc.", "Co.," or "Ltd." or words or abbreviations of like import in another language. Second: The number of shares which the Corporation shall have the authority to issue is: 100 share(s). The par value of each share is 1 The designation of each class, the number of shares of each class, or a statement that the shares of any class are without par value are as follows: No. of Series Par Value Per Share Or Statement Shares Class (if any) That Shares Are Without Par Value 100 A $1.00 Third: The street address of the initial registered office of this Corporation shall be located at: Street Address 1695 ELECTRIC AVE. City: SPRINGDALE State: AR ZIP: 72764- and the name of the initial registered agent of this Corporation at that address is: WES TAYLOR Fourth: The name and address of each Incorporator is as follows: mhtml:f le:/A\sbserver\Company\Asset Management\Entity Corporate Docu... 9/1/2011 SOS Online Filing System - Articles of Incorporation Page 2 of 2 Name 1 WES TAYLOR Address 1 1695 ELECTRIC AVE., SPRINGDALE, AR 72764 Name 2 DAVID FISHER Address 2 PO BOX 570 BENTONVILLE, AR 72712 Name 3 Address 3 Fifth: The nature of the business of the Corporation and the object or purposes proposed to be transacted, promoted or carried on by it, are as follows: (a) The primary purpose of the Corporation shall be: CONSTRUCTION. (b) To conduct any business enterprise not contrary to law. (c) To exercise all of the powers enumerated in Section 4-27-302 of the Arkansas Business Corporation Act. Sixth: Executed this 25th day of January, 2010 Signature: DAVID FISHER Title. INCORPORATOR (Pres., other officer, Chairman of the Board or by Incorporator pending elections of corporate officers) mhtml:file://llsbserver\CompanylAsset ManagementlEntity Corporate Docu... 9/1/2011 Corporate dame: GENERAL CONSTRUCTION SOLUTIONS, INC. Contact Person: WES TAYLOR Street Address or 1695 ELECTRIC AVE P.O. Box Number City: SPRINGDALE State: AR ZIP: 72764- Telephone Number: 479-530-3577 E-mail Address: WTAYLOR@BASICCONSTRUCTION.US DAVID FISHER Signature of Incorporator, Officer or Agent for the Corporation City Of lea We Punchase Order (PO) Request 71M13 ANAurc�YrsnwsundoPri,2g06rI+4NbeQsed�aPCard+lniee�+pe�l4dcr}@✓79aerrYee+blNted. .{Nara Wdigee'Orperl {LdAArr258tYlEhqueetieneJ u very . AkFO.Rgpuse!tmlra0[ � acinrred laAhe: eweraa: P,enc7la+iY. arus aadur Name: Avil rnao, General Construction Svluti n5. Inc. Yes:_ fdp: teas: oti oru: raxa e 19SI EfecVle Avenue Yes.L No:_ Yes: No: Ow State: ZIPcod.- tup to iviyon pyrovai; AR 72704 r KM Ragvestsr'a Erwoyae M Extension: comeJonas Sans 472 kart Lax lion Quarrdty Unit of laswa 11Nl Coat Evdandad Cost Ac nl Numhnrs ProlacV.9uboropreipt Iflyedory 9 Pixed Raael9 ConaenrcHoa . ML Sequayah 1 outtwe ImprmmerHr Per 1 Lot $71,00.00 $71.23000 225ILS25ES315A0 02013.11202 Bid 01341 2 3 x9v =0.00 $0.00 =0.00 $0.00 $0.00 Koo [0.00 $0" Shlpping/Hnndling LW $0.00 n a Suhtatal: $71.980.00 Tex is iticluded in 1M contract Prlce. Ta. Total: =i'i,99a.uu +Approvals: I Mayor. Department ohc - Purchasing Manager. Fkrarroa 8. A11Mlal SerlACes O&actor. Sud9el Manager. IT Mgneger,_,_ 04pa" MenaW Utilities Marlitiplr, CiOrar: PERFORMANCE BOND I11IIIll IIIIII 111 IlllI111II 1111I,IlIII Illfllllll III IIIII Illlll1111l11111III IIII Doc ID: 015287620004 Type: LIE K1nd: PERFORr1ANCE BOND Recorded: 071 21 013 it 01:08:12 PM Fee Amt: $30.00 Page 1 of 4 Washington County, AR' Kyle 5ylvester'Circuit Clerk Fil$BO31'7 00000999 Bond Number: 61740756 KNOW ALL PERSONS BY THESE PRESENTS, That we General Construction Solutions Inc. i of 1951 Electric Ave Springdale, AR 72764 hereinafter referred to as the Principal, and WESTERN SURETY COMPANY as Surety, are held and firmly bound unto City of City of Fayetteville lot , Hereinafter referred to as the Obligee, in the sum of Eighty Nine Thousand Eight Hundred Four and 00 ,100 Dollars ($89, 804.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. , WHEREAS, Principal has entered into a contract with Obligee, dated the day of ,for Mt Sequoyah Gardens Improvements i i NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 11th day of July 1 2013 General Construction Solutions Inc. + (Principal) By , (Seal) w R (Surety)[ B Raymond Joseph Davis Attorney-, •' Form F4597 J-VdJ,I4:III i-1•]:I*7 Bond Number: 61740756 KNOW ALL PERSONS BY THESE PRESENTS, That we General Construction Solutions, Inc. of 1951 Electric Ave. Spring, AR 72764 ._. _. hereinafter referred to as the Principal, and WESTERN SURETY COMPANY as Surety, are held and firmly bound unto city of City. ^of_Fayettevill hereinafter referred to as the Obligee, in the sum of Eighty Nine Tho and Eight Hundred Four and 0 100 Dollars ($ 89, 804 .00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated day of for _Mt_ Se_guoyah Gardens Improvements i copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any, and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect, No suit or action shall be commenced hereunder (a) 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. (b) 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. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 11th day of July 1 2013 neneral rnnstr-uctiQn Solutions, Inc. (Principal) By O 4�/�L _ (Seal) WESTERN SURETY COMPANY ' urety) By �' 1 Form F8578 Raymon oseph Davis Attorne, Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 61740756 Know All ]lien By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Raymond _Joseph Davis its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: General Construction Solutions, Inc. i Obligee: City of City of Fayetteville i Amount: $500, 000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate sea] of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)•in- fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect, "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorneylor other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of February 9th 2014 but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed bqy its Vice President, Paul T. Bruflat, and at its corpore,jea),to be affixed this 4 I t-h day of July 2 0 ' WESUR Y COMPIANY Pau] T ruflat, Vice President COUf,N'I�+� F'�i�ErHAHA ss On this 11 th day of July in the year 2013 before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN«�«y1�F4Tj COMPANY and acknowledged said instrument to be the voluntary act and deed o said cOrpw9tion. J S. PETRIK +NOTARY pUBLIC�+ + SOUTH DAKOTA SEAL f Notary Public • 5outh Dakota ♦ + My Commission Expires August 11, 2016 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws, of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this ll th day of July 1 2013 . i Form F5306-8-2012 WES R SURE Y COMPANY Paul T ruflat, Vice President ACKNOWLEDGMENT OF SURETY STATE OF Arkansas es (Attorney -in -Fact) Bond No. 61740756 COUNTY OF L S On this �,� _ _ day of �l/� _ _ 2013 , before, me, a notary public in and for said County, personally appeared Raymond JUseph Davis i to me personally known and being by me duly sworn, did say, that he is the Attorney -in -Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of 'its Board of Directors and that the said Raymond e h Davis acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument without affixing the corporate seal of said corporation. IN TNE�SS W 3ERFOjF, I have hereunto subscribed my n e and affuee my official seal at .i lQ the day and year last above written. My commission ex ices .�/f%j �D _ 1-1 I — r 7 LAry Public on Form 106-4-2000 i at y�NGTOtN G0\��•. 'O"fiiltltl1t141\\\ ILI 5'-13 OD% Western Surety Company PERFORMANCE BOND Bond Number: 61740756 KNOW ALL PERSONS BY THESE PRESENTS, That we General construction Solutions, Inc. I of 1951 Electric Ave, Springdale, AR 72764 (hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto city of Fayetteville of -Ila K __ Mountain _St.. Fayetteville, AR 7270L _ _ _ ,hereinafter referred to as the Obligee, in the sum of Seventy -One Thousand Nine Hundred Eighty and '00/ 100 Dollars ($ 71, 980. 00 ) for the payment of which we bind ourselves, our legal representatives, and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the day of ' I formt�sequoyahGardena Tm= rnvpmant s, Replacement of F. i st,in.{3 Roadwa31, I Access Drive, Installation of Arbor Structure, Et Al. i NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save, harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two year`s after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. i NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other`than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 11th day of July 1 2013 Nlllll llllll Ill {ll{l ll{ll {1111111{I Illll Illll lllll Illll Illll Illll Illll fill Illl Doc ID: 015289360004 Type: LIE Kind: PERFORMANCE BOND Recorded: 07/15/2013 at 10:34:18 AM Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk FileBO32-00000002 Form F4597 General. Construction Solutions, Inc.- -' (Principal) BY ra r Western Surety Company i (Surety) By 12, 1 (Seal) RAY O .i PCA; � ttomey-in-Fact 4 %IS�y Western Surety Company PAYMENT BOND Bond Number: 617 4 0 75 � KNOW ALL PERSONS BY THESE PRESENTS, That we General Construction Solutions,, Inc. of 1951 Electric Ave, Springdale, AR 72764 hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto City of Fayetteville of 113 W. Mountain t, . Fayetteville. AR 72701 ! hereinafter I referred to as the Obligee, in the sum of. seventy_ -one ..Thousand Nine Hundred Eiahty and 00/100 Dollars ($ � 1, 98 0.00 } for the payment of which we bind ourselves, our legal representatives, 'successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated day of ,for Mt Sequoyah Gardens Improvements, Replacement of Existing Roadway, Access Drive, Installation of Arbor Structure, Et Al. copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shalt be commenced hereunder (a) 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. I (b) 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. The amount of this bond shall be reduced by and to the extent of any payment or payments made ingood faith hereunder. SIGNED, SEALED AND DATED this 11th day of July 2013 . General Construction Solutions. Inc. (Principal) I By (Seal) Western Surety Company i (g ty) By A (Seal) N 6 0 PH AVIS Attorney -in -Fact - I i ACKNOWLEDGMENT OF SURETY STATE OF Arkansas {Attorney4n-Fact} Bond No. 61740756 COUNTY OF Washington 99 } f On this day of before me, a (notary public in and for said County, personally appeared PAYMOND JOSEPH DAVIS to me personally known and being by me duly sworn, did say, that he is the Attorney -in -Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of thel State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said _MXMOND JQOEPH DAVIS I I acknowledges said instrument to be the free act and deed of said corporation and that he has authority ',to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at _ Fayetteville Arkansas the day and year last above written. Myycy� conunission expires Ix�r rp04 I Notary Public Form 106.4-2000 k DAMONA HORTON W COMMISSION p 12374995 .. �f EXPIRES: March 15, 20201 Washin on County I I I I i Western Surety Compan, POWER OF ATTORNEY - CERTIFIED COPY Bond No. 61740756 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and' existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint _ RAYMOND JOSEPH DAVIS I its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal General Construction Solutions, Inc. Obligee: City of Fayetteville Amount: $500, 000. 00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirminff all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect, I I "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." i All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of February 9 2014 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bri flat, and its corporate $pAjjphr,.affixed this 11th day of July 2013 AET 'pry I """"'r,�0. WEST R SURE COMPANY t U",4 Paul T. ruflat, Vice President STI4A ss coc On this 11 th day of Ju 1 y in the year 2013 before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dee f said 4 ri wvvrvrrrrrwrww�.r S. PETRIK s/�SOUrH OAKIJfA MRHaMRY PUWJCM- otary Public - South Dakota i 4rrwti�ti•MrrM��ti♦1��ri Ally Commission Fires Augusi 11, 2016 i I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 11 th ! day of July 2013 I WEST R SURE COMIPANY Paul T. at, Vice President I Form F5306-8-2012 GENER-2 OP ID: AM 144C4C>IRO �� CERTIFICATE OF LIABILITY INSURANCE BATE (MMIDOIYYYY) 0711112013 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 endorseme s . PRODUCER Phone:479-571-3500 Davis & Garratt Insurance Group Fax: 479-571-3501 P.O. Box 10140 Fayetteville, AR 72703 Ray Davis ACT NAME: rZICONo Ext : FAX No): EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC d INSURER A : USF 17159 INSURED General Construction Solutions 1951 Electric Ave Springdale, AR 72764 INSURER 9:Liberty Mutual Group INSURER C: Auto -Owners Insurance 18988 INSURER D :Associated International INSURER E : Scottsdale 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. INSR LTR TYPE OF INSURANCE POLICY NUMBER MMID Y EFF PWD Y EXP LIMITS A GENERAL LIABILITY JC COMMERCIAL GENERAL LABILITY CLAIMS -MADE FKOCCUR CIP718244 0713112012 07131I2013 EACH OCCURRENCE S 1,000.00 DAMAGE TO RENTED PREMISES Ea occurrence $_ 100,00 MED EXP (Arty one parson) $ 5,00 PERSONAL & ADV INJURY S 1,000,00 GENERAL AGGREGATE S 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: riPOLICY X PRO- LOC PRODUCTS - COMPIOP AGG $ 2,000,00 $ C AUTOM083LE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X H1RE0AUTOS Ix HIREDAUTOS; AUTOS 98780-00 08/1012012 08/10/2013 Ea MBIND actld..SINGLE LIMIT $ 1,000,00 BODILY INJURY (Per person) S BODILY INJURY (Per acdderrt) S P 11MAG. Per acdtleM s D UMBRELLA LJAB EXCESS LIAB X OCCUR ICLAIM"ADE XOBW3876212 0411112013 04111/2014 EACH OCCURRENCE $ 4,000,00 X AGGREGATE $ 4.000,00 DED I I RETENTIONS $ B WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE Y OFFICERIMEMBER EXCLUDED? El (Mandatory in NH) If yes, desbe under DESCcriRIPTION OF OPERATIONS below NIA( C5-35S-526826-011 07/2912012 0712912013 WC STATU- I PTH- E,L, EACH ACCIDENT S . 500,00 E.L. DISEASE - EA EMPLOYE S 500,00 E.L. DISEASE -POLICY LIMIT J S 500,00 E Equipment CPS1615W7 07/3112012 07131/2013 Equipment 44,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101. AddlUonal Remarks Schedule, I more apace Is required) CFRTIFICATE HOLDFR CANCFLLATInN CITYFA2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fayetteville ACCORDANCE WITH THE POLICY PROVISIONS. 113 W. Mountain AUTHORIZED REPRESENTATIVE Fayetteville, AR 72701 Ray Davis ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Carole Jones V� Submitte By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements NIA City Council Meeting Date Agenda Items Only Park Planning Division ��,'n�ral �iion Qajlu�ans,lv�? Parks and Recreation Department Action Required: Request for approval of change order #1 to Resolution 145-13 for Bid # 13-31 with General Construction Solutions, Inc. in the amount of $3,437.20 for the Construction of Mt. Sequoyah Gardens Improvements (see attached memo). $ 3,437.20 Cost of this request 2250.9255.5315.00 Account Number $ . 108,990.00 Category / Project Budget $ 90,440.69 Funds Used to Date Mt. Sequoyah Gardens Improvemen Program Category / Project Name [Mt. Sequoyah Gardens Improvemen Program ! Project Category Name 18,549.31 Parks Development 02013.1202 F-$ Project Number Remaining Balance Fund Name Budgeted Item �X Budget Adjustment Attached 0 i Depa Di torDate l w ' Date �-� cZ _ 4.1, 's - ze-20t3 Finance and Internal Services Director Date Q, Previous Ordinance or Resolution # 145-13 Original Contract Date: 7/2/2013 Original Contract Number: Received in City Clerk's Office Date 47P Received in q Mayors Office A e ii Revised January 15, 2009 Z• evl ti ayle e ARKAN5A5� To: Thru: From: Date: Mayor Lioneld Jordan Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Directo6b Alison Jumper, Park Planning Superintendent Carole Jones, Park Planner II &_ �J August 26, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT ~ 113 West Mountain Fayetteville, AR 72701 ® P (479) 444-3471 F {479) 521-7714 Subject: Request for approval of change order #1 to Resolution 145-13 for Bid # 13-31 with General Construction Solutions, Inc. in the amount of $3,437.20 for the Construction of Mt. Sequoyah Gardens Improvements PROPOSAL: Mt. Sequoyah Gardens contains 3.00 acres and is located at 100 North Summit Avenue. The park is situated in the southeast quadrant of town east of College Avenue (U.S. Highway 71 B) and south of Dickson Street. On July 2, 2013, the City Council passed Resolution Number 145-13 approving a contract with General Construction Solutions, Inc. for Bid 13-31, Construction of Mt. Sequoyah Gardens Improvements, in the amount of $71,980 with a 10% project contingency of $7,198 for a total amount of $79,178. The project includes the replacement of an existing asphalt roadway/access drive, installation of a pre-engineered arbor, and the construction of a concrete and native stone structure slab, an 18-inch native stone seat wall, a colored concrete apron, ADA accessible parking, connecting sidewalks, tree planting and associated site work. Staff is requesting approval for the following changes: 1. Elimination of the straw bales for erosion control; 2. Installation of rock check dam for erosion control; 3. Addition of approximately 80 square feet to the proposed ADA parking area; and 4. Addition of approximately 17 inches of concrete and steel rebar to the entire length of the 32 linear foot arbor and wall footing and increase rebar size from 94 to #6. The changes listed in items #1-3 are required by the city's Engineering Division. Revisions listed in item #4 are required by the arbor manufacturer. The contractor is also requesting 30 additional days for completion of the project. RECOMMENDATION: Parks and Recreation staff recommends approval of change order #1 to Resolution 145-13 for Bid # 13-31 with General Construction Solutions, Inc. resulting in an increase of $3,437.20. This amount is within the project contingency of $7,198 leaving a balance of $3,760.80 in contingency. BUDGET IMPACT: This project is funded with Parks Development Funds. - Mt. Sequoyah Gardens Improvements. The cost is accounted for in project number 02013.1202 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 Z01-1 aLeleville ARKAN5A5� Attachments: Staff Review Form Resolution No. 145-13 General Construction Solutions, Inc. Change Order No. I Cost Estimate Change Order No. 1 THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P (479) 444-3471 F (479) 521-7714 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 RESOLUTION NO.145-13 A RESOLUTION AWARDING BID #13-31 AND AUTHORIZING A CONTRACT WITH GENERAL CONSTRUCTION SOLUTIONS, INC. IN THE AMOUNT OF $71,980.00 FOR THE CONSTRUCTION OF IMPROVEMENTS TO MOUNT SEQUOYAH GARDENS, AND APPROVING A PROJECT CONTINGENCY OF $7,198.00 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 #13-31 and authorizes a contract with General Construction Solutions, Inc. in the amount of $71,980.00 for the construction of improvements to Mount Sequoyah Gardens, and additionally approves a project contingency of $7,198.00. PASSED and APPROVED this 2"d day of July, 2013. APPPnVPn- ATTEST: By: � J SONDRA E. SMITH, City Clerk/Treasurer y�Frtrirrr� Eq � FAYETTEVILLE ��- I. %s .'Qf-A NSP TO N Bid 13-31. Construction - Mt. Seauovah Gardens Improvements CO 01 Cost Estimate Oerharal CarhalriKttan Saludana, lnc. ITEM p DESCRJPT1ON UNIT EST_ OTY. UNfT PRICE TOTAL 1 Elirrmnale straw Was -te araton L.S. 1 - Z0 J53,50 2 In tall rock Uteck darlt or detaille L.S. 1 $8w.00 Um00 3 Add approxinwaly 80 of additional to AOA parking area including required excavation, select fill etas 70amarid p t M details L.S_ 1 $1,624bO $1,G24,01) 4 lAdd Root and addlWal concrete t0 beef up, the fooli i Carole and AUrson L.S. 1 1 068.70 1 068 70 TOTAL CO /1 COST ESTIMATE i] 43T30 Respectfully suGmitted, Firm Name; General Cortstrwion Soluborts, Inc. Ely: O Date: �C -;'L//, -4. H:1Cor sl. OuoW0076 Mt Sepuoyah Gardensl8id 13-31 Change Order Cost Eabmataal Zay0 e �ville �ARKANSAS� THE CITY OF FAYETTEVILLE, ARKANSAS 4 W RKS AND RECREATION DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P (479) 444-3471 F (479)521-7714 CHANGE ORDER NO. 1 Cost Plus X Pre -Agreed Unit Price X Project Name and Number- Construction of Mt. Secluoyah Gardens improvements Name of Contractor: General Construction Solutions, Inc. Address of Contractor: 1951 Electric Avenue, Springdale, AR 72764 Date of Contract: July 2, 2013 Original Contract Sum: $ 71,980.00 Total Amount of All Previous Approved Change Orders: $ 0.00 Contract Sum prior to this Change Order: $ 71,980.00 Contract Sum increase this Change Order: $ 3,437.20 New Contract Sum including this Change Order: $ 75,417.20 Subiect and Reason for this Chan a Order: Staff is requesting approval for the following changes: 1) Elimination of the straw bales for erosion control; 2) Installation of rock check dam for erosion control; 3) Addition of approximately 80 square feet to the proposed ADA parking area; and 4) Addition of approximately 17 inches of concrete and steel rebar to the entire length of the 32 linear foot arbor and wall footing and increase rebar size from #4 to 46. The changes listed in items #1-3 are required by the city's Engineering Division. Revisions listed in item ##4 are required by the arbor manufacturer. The contractor is also requesting 30 additional days for completion of the project. Additional Time Requested: 30 Calendar Days Dated this 26 day of August, 2013 CITY OF FAYETTEVILLE Parks & Recreation Depart ent By: a Carole Jones, P 6klanner I[ CITY OF AYE T VILLE r By. Ma or L' neld Jordan General Construction Solutions, Inc. Contractor By: a. 9 � Title: , ATTEST: ATTEST: �{llll llNll U� RK rCVILL G +ONIrCo Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 Carole Jones Submitted By City of Fayetteville Item Review Form 2013-0191 Legistar File Number NIA City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Parks and Recreation Department Request for approval of change order #2 to Resolution 145-13 for Bid # 13-31 with General Construction Solutions, Inc. in the amount of $3,673.65 for the Construction of Mt. Sequoyah Gardens Improvements (see attached memo). Does this item have a cost? Yes $3,673.65 Cost of this request 2250.9255.5315.00 Account Number 02013.1202 Project Number $111,790.00 Category or Project Budget $93, 925.13 Funds Used to Date $14,191.22 Remaining Balance Mt. Sequoyah Gardens Improvements Program or Project Name Mt. Sequoyah Gardens Improvements Program or Project Category Parks Development Fund Name Budgeted Item? Yeg Budget Adjustment Attached? NO V20130812 Previous Ordinance or Resolution # 145-13 Original Contract Number: Comments: Sew oe- 9 I n it CC zj*2 . ~_�X / t I� • a LrLW-11 I Ie AS= To: Mayor Lioneld Jordan Thru: Don Man, Chief of Staff Connie Edmonston, Parks and Recreation Director Alison Jumper, Park Planning Superintendent From: Carole Jones, Park Planner II Date: November 19, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS 4- PARKS AND RECREATION DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P(479)444-3471 F(479)521.7714 Subject: Request for approval of change order #2 to Resolution 145-13 for Bid # 13-31 with General Construction Solutions, Inc. in the amount of $3,673.65 for the Construction of Mt. Sequoyah Gardens Improvements PROPOSAL: Mt. Sequoyah Gardens contains 3.00 acres and is located at 100 North Summit Avenue. The park is situated in the southeast quadrant of town east of College Avenue (U.S. Highway 71 B) and south of Dickson Street. On July 2, 2013, the City Council passed Resolution Number 145-13 approving a contract with General Construction Solutions, Inc. for Bid 13-31, Construction of Mt. Sequoyah Gardens Improvements, in the amount of $71,980 with a 10% project contingency of $7,198 for a total amount of $79,178. The project includes the replacement of an existing asphalt roadway/access drive, installation of a pre-engineered arbor, and the construction of a concrete and native stone structure slab, an 18-inch native stone seat wall, a colored concrete apron, ADA accessible parking, connecting sidewalks, tree planting and associated site work. Staff is requesting approval for the following changes: 1. Reduction in the quantity of 1-1/4-inch electrical conduit of approximately 39 linear feet; 2. Addition of the preparation and installation of electrical conduit in arbor footing (including saw cuts, 3/4" conduit and junction box); 3. Additional unclassified excavation; and 4. Addition of tooled joints and saw cuts in colored concrete apron. The changes listed in items #1-2 are required and recommended by two local electricians in order to install electrical conduit to the arbor for future electrical service. The additional unclassified excavation listed in item #3 is required to properly grade the site as shown on the grading plan. The addition of the joints and saw cuts were determined to be required in the field. The contractor is also requesting 30 additional days for completion of the project. RECOMMENDATION: Parks and Recreation staff recommends approval of change order #2 to Resolution 145-13 for Bid # 13-31 with General Construction Solutions, Inc. resulting in an increase of $3,673.65. This amount is within the project contingency of $7,198 leaving a balance of $87.15 in contingency. Telecommunications Device for the Deaf TDD (479)521-1316 113 West Mountain- Fayetteville, AR 72701 l ae ee -ARKANSAS� THE CITY OF FAYETTEVILLE, ARKANSAS AND RECREATION DEPARTMENT 113 West Mountain 4-q-_PARKS Fayetteville, AR 72701 n P (479) 444-3471 F (479) 521-7714 BUDGET IMPACT: This project is funded with Parks Development Funds. The cost is accounted for in project number 02013.1202 - Mt. Sequoyah Gardens Improvements. Attachments: Staff Review Form Resolution No. 145-13 General Construction Solutions, Inc. Change Order No. 2 Cost Estimate Change Order No. 2 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain- Fayetteville, AR 72701 l ¥ § m 8 in � � � § k e k E � j \ u a § z � � ■ _ � 2 2 � � ¥ X @ § — uj ■ )c T ) cc e s o EE > u §® ) § � 2 2 w ¢ k 2 § § 2 §in N o z { ,w ( k � �# t \ ƒ \ k —■, § � w I■ § d k a A ( � -.« u _ . 0 { 2 U) k 2 k � d Ile ae eVVI -ARI(ANSAS� THE CITY OF FAYETTEVILLE, ARKANSAS JJA— PARKS AND RECREATION DEPARTMENT 1 113 West Mountain Fayetteville, AR 72701 P (479) 444-3471 F (479) 521-7714 CHANGE ORDER NO. 2 Cost Plus X Pre -Agreed Unit Price X Project Name and Number: Construction of Mt. Sequoyah Gardens Improvements Name of Contractor__ General_ Construction Solutions, Inc. Address of Contractor: 1951 Electric Avenue, Springdale, AR 72764 Date of Contract: July 2, 2013 Original Contract Sum: $ 71,980.00 Total Amount of All Previous Approved Change Orders: $ 3,437.20 Contract Sum prior to this Change Order: $_ 75,417.20 Contract Sum increase this Change Order: $ 3,673.65 New Contract Sum including this Change Order: $ 79,090.85 Subiect and Reason for this Change Order: Staff is requesting approval for the following changes: 1) Reduction in the quantity of I-I/4-inch electrical conduit of approximately 39 linear feet; 2) Addition of the preparation and installation of electrical conduit in arbor footing (including saw cuts, 3/4" conduit and junction box); 3) Additional unclassified excavation; and 4) Addition of tooled joints and saw cuts in colored concrete apron. The changes listed in items # 1-2 are required and recommended by two local electricians in order to install electrical conduit to the arbor for future electrical service. The additional unclassified excavation listed in item 43 is required to properly grade the site as shown on the grading plan. The addition of the joints and saw cuts were determined to be required in the field. The contractor is also requesting 30 additional days for completion of the project. Additional Time Requested: 30 Calendar Days Dated this 19 day of November, 2013 CITY OF FAYETTEVILLE Parks & Recreation Dii-T t By: q Carole Jones, Pa anner it CITY OF F ETTE I ayor ne rdan General Construction Solutions, Inc. Contractor By: Title: Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 4\tw CM&A W_hbfl City of Fayetteville Item Review Form 2014-0207 Legistar File Number NIA City Council Meeting Date - Agenda Item Onty N/A for Non -Agenda Item Carole Jones Parks and Recreation Submitted By Department Action Required: Request for approval of change order #4 to Resolution 145-13 for Bid # 13-31 with General Construction Solutions, Inc. in the amount of $407 for the Construction of Mt. Sequoyah Gardens Improvements (see attached memo). Does this item have a cost? Yeg $407.00 Cost of this request 2250.9255.5315.00 Account Number 02013.1202 Project Number $49,511.00 Category or Project Budget $42,966.85 Funds Used to Date $6,137.15 Remaining Balance Mt. Sequoyah Gardens Improvements Program or Project Name Mt. Sequoyah Gardens Improvements Program or Project Category Parks Development Fund Name Budgeted Item? YeS Budget Adjustment Attached? No V20130812 Previous Ordinance or Resolution # 145-13; 254-13 Original Contract Number: 2288 Comments: This is the Final Change Order for this project. Ei CITY OF • Tay e eVl le ARKANSAS To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director Alison Jumper, Park Planning Superintendent From: Carole Jones, Park Planner II Date: April 29, 2014 Subject: Request for approval of change order #4 to Resolution 145-13 for Bid # 13-31 with General Construction Solutions, Inc. in the amount of $407 for the Construction of Mt. Sequoyah Gardens Improvements PROPOSAL: Mount Sequoyah Gardens, consisting of three acres, is classified as a neighborhood park and serves the adjacent neighborhoods. Approximately 900 homes are located in a'/2-mile radius of the park ultimately serving an estimated 1,960 Fayetteville residents. The park is located in Fayetteville's southeast quadrant along Summit Avenue. Mount Sequoyah Gardens overlooks the city from the west slope of Mount Sequoyah and offers passive and active recreational activities in an open space with stunning views of the city. The elevation is 1,590 feet at the top of the park property. On July 2, 2013, the City Council passed Resolution Number 145-13 approving a contract with General Construction Solutions, Inc. for Bid 13-31, Construction of Mt. Sequoyah Gardens Improvements, in the amount of $71,980 with a 10% project contingency of $7,198 for a total amount of $79,178. The project included the replacement of an existing asphalt roadway/access drive, installation of a pre-engineered arbor, and the construction of a concrete and native stone structure slab, an 18-inch native stone seat wall, a colored concrete apron, ADA accessible parking, connecting sidewalks, tree planting and associated site work. On December 17, 2013, the City Council passed Resolution Number 254-13 approving Change Order #3 in the amount of $7,009 with an additional 10% project contingency of $700 resulting in an increase of $7,709 for a total project amount of $86,887. Staff is requesting approval for the following changes: 1) Delete tree installation; 2) Labor and equipment required for relocating existing boulders to delineate parking area along the west side of the new driveway; and 3) Topsoil and turf type fescue sod for site restoration of approximately 1,050 SF near driveway approach. The tree installation bid item is being eliminated from the original contract because the required size and species of tree is unavailable at this time of the year. Items 2 and 3 are required to complete the site restoration and delineate additional parking areas. The contractor is requesting ten additional days for completion of the project. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 RECOMMENDATION: Parks and Recreation staff recommends approval of change order #4 to Resolution Resolution 145-13 for Bid # 13-31 with General Construction Solutions, Inc. resulting in an increase of $407. This leaves a balance of $407 in project contingency. This is the final change order for the project. BUDGET IMPACT: This project is funded with Parks Development Funds. The cost is accounted for in project number 02013.1202 - Mt. Sequoyah Gardens Improvements. Attachments: Staff Review Form Resolution No. 145-13 Resolution No. 254-13 General Construction Solutions, Inc. Change Order No. 4 Cost Estimate Change Order No. 4 RESOLUTION NO. 145-13 A RESOLUTION AWARDING BID #13-31 AND AUTHORIZING A CONTRACT WITH GENERAL CONSTRUCTION SOLUTIONS, INC. IN THE AMOUNT OF $71,980.00 FOR THE CONSTRUCTION OF IMPROVEMENTS TO MOUNT SEQUOYAH GARDENS, AND APPROVING A PROJECT CONTINGENCY OF $7,198.00 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 413-31 and authorizes a contract with General Construction Solutions, Inc. in the amount of $71,980.00 for the construction of improvements to Mount Sequoyah Gardens, and additionally approves a project contingency of $7,198.00. PASSED and APPROVED this 2ed day of July, 2013. e pvn n Urn. ATTEST: -,By: _ 44 SONDRA E. SMITH, City Clerk/Treasurer tea. r,1'TY CJ • _ FAYETTEVILLE: 1�1; ; G i`O N 1% RESOLUTION NO.254-13 A RESOLUTION APPROVING CHANGE ORDER NO. 3 TO THE CONTRACT WITH GENERAL CONSTRUCTION SOLUTIONS, INC. IN THE AMOUNT OF $7,009.00, AND APPROVING AN ADDITIONAL PROJECT CONTINGENCY IN THE AMOUNT OF $700.00, FOR THE CONSTRUCTION OF IMPROVEMENTS TO MOUNT SEQUOYAH GARDENS 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 approves Change Order No. 3 to the contract with General Construction Solutions, Inc. in the amount of $7,009.00, and approves an additional project contingency in the amount of $700.00, for construction of improvements to Mount Sequoyah Gardens. PASSED and APPROVED this 17`�' day of December, 2013. APPROVED: ATTEST: By: &-. - 'J _ SONDRA E. SMITH, City Clerk/Treasurer `'01f11Nrlil�r �..' C,IT Y 0/,q�SG • FAYET-FEVILLE ��� $ \ /§ rD � � � . � 0 a 13 0) S S ¥ 4 k � � § � o � ] � 2 E = u ■ c & E o ¢ � \ \ %k » - 22 k 2 � ) # cn { k § J 2 }£ » ■ U) ° w co § k k ( E f © & 2 )22 0 / �� k f� ` / �0 ( \ y C41 c a k \) 7k ¥ 2 � Z § 2 2 k ] §/ A j /> k k k § - � ) cr i ± o s & k � 0 \ _ • • CITY OF I Y eee ARKAvlNSAS CHANGE ORDER NO. 4 Cost Plus X Pre -Agreed Unit Price X Project Name and Number: Construction of Mt. Sequoyah Gardens Improvements Name of Contractor: General Construction Solutions Inc. Address of Contractor: 1951 Electric Avenue, Springdale, AR 72764 Contract Number: 2288 Date of Contract: July 2, 2013 Original Contract Sum: $ 71,980.00 Total Amount of All Previous Approved Change Orders: $ 14,119.87 Contract Sum prior to this Change Order: $ 86,099.87 Contract Sum decrease this Change Order: $ 407.00 New Contract Sum including this Change Order: $ 86,506.87 Subject and Reason for this Change Order: Staff is requesting approval for the following change: 1) Delete tree installation; 2) Labor and equipment required for relocating existing boulders to delineate parking area along the west side of the new driveway; and 3) Topsoil and turf type fescue sod for site restoration of approximately 1,050 SF near driveway approach. The tree installation bid item is being eliminated from the original contract because the required size and species of tree is unavailable at this time of the year. Items 2 and 3 are required to complete the site restoration and delineate additional parking areas. The contractor is requesting ten additional days for completion of the project. Additional Time Requested: 10 Calendar Days Dated this 28th day of April, 2014 CITY OF FAYETTEVILLE Parks & ecreatio De artment By. c c Carole JonesOlark Planner 11 CITY OFF 'YFTTEV LE Mayor Lion ordan ATTEV Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 General Construction Solutions, Inc. Contractor Title:_ . P� ATT NikJI iiirrr/t/ .' G1� Y �. FAYETTEVILLE •�� s •.'QkA W- ti www.fayetteville-ar.gov Carole Jones Submitted By �IMW h*60A City of Fayetteville Item Review Form �)Mms�"t W4 2014-0227 Legistar File Number NIA City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Parks and Recreation Department Request for approval of change order #5 to Resolution 145-13 for Bid # 13-31 with General Construction Solutions, Inc. in the amount of $407 for the Construction of Mt. Sequoyah Gardens Improvements (see attached memo). Does this item have a cost? YeS $407.00 Cost of this request 2250.9255.5315.00 Account Number 02013.1202 $49,511.00 Category or Project Budget $43,373.85 Funds Used to Date $5,730.15 Mt. Sequoyah Gardens Improvements Program or Project Name Mt. Sequoyah Gardens Improvements Program or Project Category Parks Development Project Number Remaining Balance Fund Name Budgeted Item? Yes Budget Adjustment Attached? No V20130812 Previous Ordinance or Resolution # 145-13; 254-13 Original Contract Number: 2288 Comments: This is the Final Change Order. CITY OF I ae ee ARKANSAS To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director Alison Jumper, Park Planning Superintendent From: Carole Jones, Park Planner II Date: May 15, 2014 Subject: Request for approval of change order #5 to Resolution 145-13 for Bid # 13-31 with General Construction Solutions, Inc. in the amount of $407 for the Construction of Mt. Sequoyah Gardens Improvements PROPOSAL: Mount Sequoyah Gardens, consisting of three acres, is classified as a neighborhood park and serves the adjacent neighborhoods. Approximately 900 homes are located in a'/z-mile radius of the park ultimately serving an estimated 1,960 Fayetteville residents. The park is located in Fayetteville's southeast quadrant along Summit Avenue. Mount Sequoyah Gardens overlooks the city from the west slope of Mount Sequoyah and offers passive and active recreational activities in an open space with stunning views of the city. The elevation is 1,590 feet at the top of the park property. On July 2, 2013, the City Council passed Resolution Number 145-13 approving a contract with General Construction Solutions, Inc. for Bid 13-31, Construction of Mt. Sequoyah Gardens Improvements, in the amount of $71,980 with a 10% project contingency of $7,198 for a total amount of $79,178. The project included the replacement of an existing asphalt roadway/access drive, installation of a pre-engineered arbor, and the construction of a concrete and native stone structure slab, an 18-inch native stone seat wail, a colored concrete apron, ADA accessible parking, connecting sidewalks, tree planting and associated site work. On December 17, 2013, the City Council passed Resolution Number 254-13 approving Change Order #3 in the amount of $7,009 with an additional 10% project contingency of $700 resulting in an increase of $7,709 for a total project amount of $86,887. Staff is requesting approval for the following changes: 1) Reduction in the quantities of concrete flush curb, concrete apron, standard concrete curb and gutter and Class 7 base; 2) Additional quantities of concrete driveway approach and concrete sidewalk; and 3) Repair of site due to vandalism. The contractor has field measured and confirmed the final quantities for the project. Repair of the site was required due to damage by unauthorized vehicles. The contractor is not requesting any additional days for completion of the project. RECOMMENDATION: Parks and Recreation staff recommends approval of change order #5 to Resolution Resolution 145-13 for Bid # 13-31 with General Construction Solutions, Inc. resulting in an increase of $407. This leaves a balance of $0 in project contingency. This is the final change order for the project. Mailing Address: 113 W. Mountain Street www.fayettevilie-ar.gov Fayetteville, AR 72701 BUDGET IMPACT: This project is funded with Parks Development Funds. The cost is accounted for in project number 02013,1202 - Mt. Sequoyah Gardens Improvements. Attachments: Staff Review Form Resolution No. 145-13 Resolution No. 254-13 General Construction Solutions, Inc. Change Order No. 5 Cost Estimate Change Order No. 5 RESOLUTION NO. 145-13 A RESOLUTION AWARDING BID #13-31 AND AUTHORIZING A CONTRACT WITH GENERAL CONSTRUCTION SOLUTIONS, INC. IN THE AMOUNT OF $71,980.00 FOR THE CONSTRUCTION OF IMPROVEMENTS TO MOUNT SEQUOYAH GARDENS, AND APPROVING A PROJECT CONTINGENCY OF $7,198.00 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 # 13-31 and authorizes a contract with General Construction Solutions, Inc. in the amount of $71,980.00 for the construction of improvements to Mount Sequoyah Gardens, and additionally approves a project contingency of $7,198.00. PASSED and APPROVED this 2nd day of July, 2013. e vvV AX/Vn- ATTEST: —� By: a. e 4WA— SONDRA E. SMITH, City Clerk/Treasurer t%J11111111111. �' • t,\T Y pF •'G� U; FAYETTEVILLE;'�Ow 'y J RESOLUTION NO.254-13 A RESOLUTION APPROVING CHANGE ORDER NO. 3 TO THE CONTRACT WITH GENERAL CONSTRUCTION SOLUTIONS, INC. IN THE AMOUNT OF $7,009.00, AND APPROVING AN ADDITIONAL PROJECT CONTINGENCY IN THE AMOUNT OF $700.00, FOR THE CONSTRUCTION OF IMPROVEMENTS TO MOUNT SEQUOYAH GARDENS 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 approves Change Order No. 3 to the contract with General Construction Solutions, Inc. in the amount of $7,009.00, and approves an additional project contingency in the amount of $700.00, for construction of improvements to Mount Sequoyah Gardens. PASSED and APPROVED this 17'h day of December, 2013. APPROVED: ATTEST: By: -c-. J" ...x SONDRA E. SMITH, City Clerk/Treasurer %.4%An1rr(111., � �.�� G17 Y O.c�'•`rG% : FAYETTEVILLE:� A N5Q ti • � � �� @ 2 ¥ 7 4 a � �a k � 4? . . �$\ . ® m R _ k r 2 � R K S � k � § § § ■ » o § : & & ■ ` u FA; § 2 �2 � 2 \ � � 2 :. � k 2 2 E _o § � § $ in � ® d ` � k k � 3 u m \ ) I k � 2 2 ] § o � TZN / \ § m k 2 a coR � CITY OF lFay e eel ARKANSIq CHANGE ORDER NO. 5 Cost Plus X Pre -Agreed Unit Price X Project Name and Number: Construction ofMt Se ya&Gardens Improvements Name of Contractor: General Construction Solutions, Inc. Address of Contractor: 1951 Electric Avenue, Springdale, AR 72764 Contract Number. 2288 Date of Contract: July 2, 2013 Original Contract Sum: $ 71,980.00 . Total Amount of All Previous Approved Change Orders: $ 14,526.87 Contract Sum prior to this Change Order: $ 86,506.87 Contract Sum decrease this Change Order: $ 407.00 New Contract Sum including this Change Order: $ 86,913.87 Subject and Reason for this Change Order: Staff is requesting approval for the following change: 1) Reduction in the quantities of concrete flush curb, concrete apron, standard concrete curb and gutter and Class 7 base; 2) Additional quantities of concrete driveway approach and concrete sidewalk; and 3) Repair of site due to vandalism. The contractor has field measured and confirmed the final quantities for the project. Repair of the site was required due to damage by unauthorized vehicles. The contractor is not requesting any additional days for completion of the project. This is the final Change Order. Additional Time Requested: 0 Calendar Days Dated this 15th day of May. 2014 CITY OF FAYETTEVILLE Parks & Recreation Department By: ao..j a'_ — Carole Jo , Park Planner II General Construction Solutions, Inc. Contractor By: 5 Title: Qrr�s, /VxY-r/�11i ATT CITY O AYVEILLE B: N'--r� 1 M or Jordan ss'' ,,��tilllNtffly,� ATTEST: E , FAYE71EVIL .�- Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 r0N � J181111% www.fayetteville-ar.gov