HomeMy WebLinkAbout214-13 RESOLUTIONRESOLUTION NO.214-13
A RESOLUTION AWARDING BID #13-50 AND APPROVING A
CONTRACT WITH PICK -IT CONSTRUCTION, INC. IN THE AMOUNT OF
$130,900.00 FOR THE RENOVATION OF CONCESSION AREAS AND
RESTROOMS AT WALKER PARK, APPROVING A TEN PERCENT (10%)
PROJECT CONTINGENCY AND APPROVING A BUDGET ADJUSTMENT
IN THE AMOUNT OF $16,760.00
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
413-50 and approves a contract with Pick -It Construction, Inc. in the amount of $130,900.00 for
renovation of concession areas and restrooms at Walker Park, and further approves a ten percent
(10%) project contingency.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment in the amount of $16,760.00, a copy of which is attached to this Resolution as
Exhibit "A".
PASSED and APPROVED this 5 h day of November, 2013.
APPROVED:
IM
ATTEST:
By: dre ,lam, vulk,
SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
11/512013
City Council Meeting Date
Agenda Items Only
�Byron Humhry� Park Maintenance Parks and Recreation
Submitted By Division Department
3oiution awarding Bid #13-50 and approval of a contract wlth Pick -It Construction, Inc. in the amount of $130 3t}0
a 10% project contingency of $13,090 for a total project cost of $143,990 for the Renovation of the
session/Restrooms at Walker Park and approval of a budget adjustment in the amount of $16,760 from Parkland
cation Funds.
$ 143,990.00
Cost of this request
2250.9255.5315.00
Account Number
13001,1305
Project Number
Budgeted Item
$ 138,570.00
Category / Project Budget
$ 11,340.00
Funds Used to Date
$ 127,230.00
Remaining Balance
Budget Adjustment Attached
Park improvementslCom. Park Impr.
Program Category / Project Name
Parks Development / Contract Srvs
Program / Project Category Name
Parks Development Capital
Fund Name
�IL� Previous Ordinance or Resolution #
Date ✓�
Original Contract Date:
Original Contract Number:_
Date
Finance and Internal Services Director Date Received in City
Clerk's Office
IO-X%-10t'3
Date qFXT;ED
Received in
Mayor's Office
Date
Revised January 15, 2009
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
CITY COUNCIL AGENDA MEMO
To: Mayor Lioneld Jordan and City Council
Thru: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director
From: Byron Humphry, Maintenance Superintendent
Date: October 18, 2013
Subject: Bid #13-50, Construction - Walker Park Concession/Restroom Building Renovation
Agenda Request for November 5, 2013 Meeting
PROPOSAL:
The Baseball Complex at Walker Park hosts the youth baseball program which accommodated 925 participants
in 2013. The original baseball fields and concession stand was built by volunteers starting in 1960. The
concession/restroom building was last updated in 1988.
In 2011, the City made improvements to the dugouts and added bleacher covers. The renovation of the
concession stand/restrooms was included in the 2013 CIP. Improvements to the concession stand/restrooms
will make more efficient use of the concession stand space, update and add additional restrooms, increase
storage space, and provide a covered concession window and dining area. Construction includes structural
additions, wall modifications, finishes, mechanical, plumbing, and electrical items.
The project was advertised for bid on September 6 and 13, and bids were opened on September 20, 2013. Three
vendors including Pick -It Construction, Inc., Center Point Contractors, Inc., and Goodwin and Goodwin, Inc.
submitted bids. Pick -It Construction, Inc. was the low bid in the amount of $130,900 after taking the first
deductive alternative. (See attached bid tabulation sheet.)
If approved, the project is anticipated to begin in mid November 2013 and be completed by March 2014.
RECOMMENDATION:
A resolution awarding Bid #13-50 and approval of a contract with Pick -It Construction, Inc. in the amount of
$130,900 with a 10% project contingency of $13,090 for a total project cost of $143,990 for the Renovation of
the Concession/Restroom Building at Walker Park and approval of a budget adjustment in the amount of
$16,760 from Parkland Dedication Funds.
BUDGET IMPACT:
THE CITY OF F'AYETTEVILLE, ARKANSAS
This project is funded with Perks Development and Parkland Dedication Funds. Total project cost including a
14% project contingency is $143,990.
Attachments•
Staff Review Form
Bid Tabulation Sheet
Pick -It Construction, Inc. Bid Submittal
Agreement Signed by Contractor
Purchase Requisition
Budget Adjustment
RESOLUTION NO.
A RESOLUTION AWARDING BID #13-50 AND APPROVING A
CONTRACT WITH PICK -IT CONSTRUCTION, INC. IN THE AMOUNT OF
$130,900.00 FOR THE RENOVATION OF CONCESSION AREAS AND
RESTROOMS AT WALKER PARK, APPROVING A TEN PERCENT (10%)
PROJECT CONTINGENCY AND APPROVING A BUDGET ADJUSTMENT
IN THE AMOUNT OF $ l 6,760.00
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
#13-50 and approves a contract with Pick -It Construction, Inc. in the amount of $130,900.00 for
renovation of concession areas and restrooms at Walker Park, and further approves a ten percent
(10%) project contingency.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment in the amount of $16,760.00, a copy of which is attached to this Resolution as
Exhibit "A".
PASSED and APPROVED this 5t' day of November, 2013.
APPROVED:
ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Budget Adjustment Form Legistar
Budget Year Division: Parks & Recreation Request Date Adjustment Number
2013 1 Department: Parks & Recreation 11 /5/2013
BUDGET ADJUSTMENT DESCRIPTION i JUSTIFICATION
Walker Park concession & restrooms renovation - Additional funds in the amount of $16,760 are needed for Contract
Services for improvements and updates of the concession stand, restrooms, increased storage space, and to provide
a protected outdoor purchasing and dining area. This renovation was included in the 2013 CIP. The additional funds
requested are to be sourced from Park Land Dedication funds received, but not yet approved/recognized for a CIP
project.
r
Requestor
Division Wad
Kevin Springer
cn=Kevin Springer, o=City of Fayetteville,
Arkansas, ou=budget Director,
f emall=kspringer@tfayettevill"r gov, SUS
2013.1018 10.47*03 -05'00'
Budget Director
E-� Pam__._
Prepared By:
Springer, Kevin
Legistar: 2013-0112 1116/2013
Budget & Research Use Only
Type: A B C D E P
General Ledger Date
Posted to General Ledger
Checked I Verified
Initial Date
Initial Date
TOTAL BUDGET ADJUSTMENT
16,760 _ 16,760 .
Increase /(Decrease)
Project.Sub
Account Name
Account Number
Expense Revenue
Number
- µ Public notification
2250.9256.5301.00
ea
(160) -
13001
1305
Professional services
2250,9256-5314.00
D
(8,770)
13001
1306
Park improvements
2250.9256.5806.00
D
(23,730)
13001
;' `1305
Contract services
2250.9256.5315.00
Ea
49,420
13001..
1305
Park improvements
2250.9255.5806.00
D
(94,570)
13001
1305
Contract services
2250.9255.5315.00
E)
94,570
13001
1305
Greenspace Fees SE
_ 2250.0925.4419.03
R1...........
16,760
13001
1305
C'lty:Of: layettO.Vili.�_ .�?u[ h e::U d. r(P:C):Roq.uin :
�m�srzDa3
. .. .. .. ... ;'�wei!:a Puch§•tSre_;,::: •: "..':. ::.,.:...: �:°::.;';:,.:•,:.� :
um ar-
xpe a rvery
:. .:•Ail pwthaass.urtater_f2agU.6w`.y.�bpf,uzs--el�a;1?+GS►d:Tenfes �riled[agF.dF'Jp a tii 'r 8 df�P164F0: tlHi:'.t�yi'a nsj:,-;z;:
.. .; ;•' • ..:-.":.;'Aii!�. .. .. •.b,�riFJse � .iiileQtOf�(7l:�il�l3d1 . 4 ATjFIgeaar'.ps':''. :,t:'' :•,-::';'..:t.:.'' TY
endorlVertOor
Name:
Mali
16068
Pick4t Comtnrctlon, Inc
Yes:— No:_
dress:
Fob PoInt;
TaxableQuotas
Attached
10024 N- Cam 11 Rd
Yes:_ No:_
Yes: Bid Tab No:
City:
State:
Zap e:
to co e:
He Approval•
Fa tWAIW
AR
72701
Requester-
Requesters Employee #:
nseon:
Byron Humphry, Maintenance Su rintsndent
2557
6366
Itermil
DemiloMn
Quantity
Unit of Issue
Unit Cost
Extended Cast
Account Numbers
Pro ectl5u ect #
I aventory #
Fixed ASeet #
Renovation of Walker Park
1
Concession and Reatroom -
1
1
LS
$01,480.00
2250-9255-5315-00
13001.1305
Bid 1350
Renovation of Walker Park
2
Concession and Roskuom -
1
1
LS
$ t9.420.90
2260.9256.5315.00
13u01.1305
Bid 13.50
3
$0.00
a
$0m
5
$tt-00
6
$0.00
7
$0.00
s
$0.00
9
$0.00
10
$0,00
Shipping/Handling
Lot
$0.00
ape muuuumb.
Tax is included in the hid price. Subtotal: $130,900.D0
Tax:
Total: $139,900.90
Approvals:
Mayor. Department Director: Purchasing Manager.
Finance & Internal Services Director Budget Manager: IT Manager.
Dispatch Manager. Utilities Manager. Other:
�ea,iaw u
a�]rr■ye Ie
AkKAN SR5
81a:13-50
MATE:09fm19
TIME: 2.00 PM
CITY OF FAYETTEVILLE
Bid 13-50, Construction - Walker Park Concession/Restroom Restoration
'yGy7y-s'�' :.%sm(:s `;i,�-'i-'�".. ..'P., �' - _.-.k _ ..yf;, �.��. zr.v,' !iY' .•�y'•'
:.. i. �;m.�� `:Jeiieici e,llfba" ''K�7ee uctiye fYein+a.
81DD`ER';:.t..r.. u Ve
:. .. Nv:1 No 2' .:: iii! TG13AL �4SE SlK
x•.
No 3
1 Center Paint Contractors, Inc.
2 Goodwin & Goodwin, Inc.
3 PIck-It Construction, Inc.
$3.000,00 $1,600.00 $1,950.00 $228,000.00
$5,773.00 $1,308.00 $3,729.00 $207,485 QO
$3,000.00 41,300,00 1,800.00 $133,900.00
,NOTICE. aid award is Conlimant upon vendor meeting minimum spedfivadons and formal aotheringlom by Crty oMc ft.
Section 00 41 13
BID FORM
Contract Name: Construction Walker Park ConcessionlRestroom Building Renovation
Bid Number 13-50
Owner: The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM:
Bidder: &A- 11—
/vot�
Section 1 — Intent:
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an
agreement with the City of Fayetteville in the form included in the Contract Documents
to perform and furnish all Work as specified or indicated in the Contract Documents for
the Bid price and within the Bid.time indicated in this Bid and in accordance with the
other terms and conditions of the Contract Documents.
Section 2 — Terms & Conditions:
Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to
Bidders, including without limitation those dealing with the disposition of Bid security.
This Bid will remain subject to acceptance for 180 days after the day of Bid opening.
Bidder will sign and deliver the required number of counterparts of the Agreement with
the Bonds and other documents required by the Bidding Requirements within 15 days
after the date of City`s Notice of Award -
Section 3 _ Bidder's Representations:
In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:
A.) Bidder has examined and carefully studied the Bid Documents, and the following
Addenda, receipt of all
which is hereby acknowledged:
Bid 13-60, Construction — Walker Park ConcessionlRestroom Building Renovation
City of Fayetteville September 2013
Number
I
Date
9�/ 7h3
.B.) Bidder has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, performance, and
furnishing of the Work.
C.) Bidder is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, performance, and furnishing of the Work.
D.) Bidder has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or
relating to existing surface or subsurface structures at or contiguous to the Site, and (2)
reports and drawings of a Hazardous Environmental Condition, if any, at the Site.
Bidder acknowledges that such reports and drawings are not Contract Documents and
may not be complete for Bidder's purposes. Bidder acknowledges that City and
Engineer do not assume responsibility for the'accuracy or completeness of information
and data shown or indicated in the Bid Documents with respect to Underground
Facilities at or contiguous to the Site.
E.) Bidder has obtained and carefully studied (or assumes responsibility for having done
so) all such additional or supplementary examinations, investigations, explorations,
tests, studies, and data concerning conditions (surface, subsurface, and Underground
Facilities) at or contiguous to the Site or otherwise which may affect cost, progress,
performance, or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences, and procedures of construction to be employed by
Bidder and safety precautions and programs incident thereto.
F.) Bidder does not consider that any additional examinations, investigations,
explorations, tests, studies, or data are necessary for the determination of this Bid for
Bid 13-50, Construction — Walker Park Concession/Restroorn Building Renovation
City of Fayetteville September 2013
performing and furnishing of the Work in accordance with the times, price, and other
terms and conditions of the Contract Documents.
.G.) Bidder is aware of the general nature of work to be performed by City and others at
the Site that relates to Work for which this Bid is submitted as indicated in the Contract
Documents.
H.) Bidder has correlated the information known to Bidder, information and observations
obtained from visits to the Site, reports, and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies,
and data with the Contract Documents.
I.) Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Bidder.
J.) The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performing and furnishing the Work for
which this Bid is submitted.
K.) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm, or corporation and is not submitted in conformity with any agreement or
rules of any group, association, organization, or corporation; Bidder has not directly or
indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has
not solicited or induced any person, firm, or a corporation to refrain from bidding; and
Bidder has not sought by collusion to obtain for himself any advantage over any other
Bidder or over City.
i_.) Bidder will perform the Work in compliance with all applicable trench safety
standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926
— Subpart P — Excavations.
Bid 13-50, Construction — Walker Park Concession/Restroorn Building Renovation
City of Fayetteville Septernber 2013
M.) No Bid shall be based upon aggregate of Subcontractors performing more than 60
percent of the total Work.
N.) The experience, past performance, and ability of each proposed Subcontractor will
be considered in the evaluation of Bids. Any Subcontractor so requested shall be
required to furnish experience statements prior to the Notice of Awards.
Section 4 — Base Bid Price:
The undersigned hereby proposes to furnish all labor, materials, equipment and
services required to complete the Renovations & Additions to the Walker Park
Concession Stand & Restrooms, all in accordance, therewith, for the sum of
(written in words)rAlre__rlpoilars
i'�tm �W'\arc' d6ltiar�
DEDUCTIVE ALTERNATIVES
Deductive Alternate No. 1: A) In lieu of clear finished t&g pine "v-groove" ceiling @
103 - Men & 104 - Women, deduct the cost of labor, materials & all associated fees. In .
its place install 1f2" plywood (epoxy painted). (b) Deduct clear finished t&g pine "v-
groove" ceiling @ all exterior areas, including the cost of labor, materials & all
associated fees. (c) In lieu of concealed fastener standing seam roof & wall panels,
deduct the cost of labor, materials & all associated fees, in its place install exposed
fastener standing seam roof & wall panels. Fasteners to have neoprene washers. This
item is to be included in the base bid and treated as a deductive alternate.
Deduct the sum of: jj)Cf&'I'ho&I arzr — $3taw,011 Y—
Deductive Alternate No. 2: (a) Deduct window "W-1" - Andersen 100 Series Gliding
Window (OX Configuration), Andersen 100 Series Picture Window, cedar barnslider
door, track, hardware & typical window counter @ this location, including cost of labor
materials & all associated fees. (b) In lieu of Emerson Loft 60" damp location ceiling fan,
Model #CF675BOOO (qty=2), deduct the cost of labor, materials & all associated fees, in
its place install Cooper, Model #FSP226120ABP, surface mounted fluorescent. (c)
Deduct 42" counter & cedar slat wall @ covered patio, including the cost of labor,
materials & all associated fees. This item is to be included in the base bid and treated
as a deductive alternate.
Deduct the sum of: "�y�saci�ee�—
Bid 13-50, Construction — Walker Park Concession/Restroom Building Renovation
Clty of Fayetteville September 2013
Deductive Alternate No. 3: a) In lieu of Hardieplank (or approved equal) lap siding w/
6" exposure, 2x2 wood furring strips & 1-1/2" rigid insulation, deduct the cost of labor,
materials & all associated fees, in its place install exterior 3/4" plywood from top of
existing block wall to underside of roof deck with 3" wide x 3/4" thick batten trim @ all
joints, caulk all seams, paint block & plywood. Architect to select paint color. This item is
to be included in the base bid and treated as a deductive alternate.
na
Deduct the sum of: " l*_J��_i#__1_J U $._... 4 __ (0)� ---
** A Contractor's License is required to bid this project. This project requires a
five (5) percent bid bond at time of bid opening. After contract award, a one
hundred (100) percent performance and payment bond is required along with
proof of insurance before construction begins.
Costs include a complete turn -key price for work indicated on drawings and in
specifications provided by the Project Manager plus any site restoration required to
return the site to its original form. All improvements listed above shall include applicable
shipping, sales tax, and any other costs incurred to the City of Fayetteville.
The Bidder shall state the price bid in words and figures (written in ink or typed) for each
pay item, and the total bid. In case of conflict between words and figures, the words,
unless obviously incorrect, shall govern.
Bidder understands the City reserves the right to award the total project, or to reject any
or all bids and to waive any informalities in the bidding.
Bidder agrees that this Bid shall be good and will not be withdrawn for a period of 60
calendar days after the scheduled closing time for receiving bids.
Section 5 — Listing of Subcontractors:
1, the signed General Contractor, certify that proposals from the following subcontractors
were used in the preparation of my proposal. I agree that if I am the successful bidder,
and if the following subcontractors are approved by the City, I will not enter into
contracts with others for these divisions of the Work without written approval from the
City.
NIA
Section 6 —Contract Times:
A.) Bidder agrees that the Work will be substantially completed and ready for final
payment within the number of calendar days indicated in the Agreement.
Bid 13-50, Construction —Walker Park Concession/Restroom Building Renovation
City of Fayetteville September 2013
B.) Bidder accepts the provisions of the Agreement referring to liquidated damages in
the event of failure to complete the Work with the times specified in the Agreement.
Section 7 — Communications:
A.) Communications concerning this Bid shall be/addressed to the Bidder as follows:
Contractor: �r�%�R U1�1`a.✓ ��C�_ _ ---
Primary Contact:��� ����✓ __
Address: I/�� -/X
Phone No.: _y am ?� gfO9 ___
FAX No.:—1711? L�2 n�%Z—
Section 8 — Signature:
A.) This bid is being submitted in good faith, according to the entire bid package
presented:
SUBMITTED on this— ��Date of
--���— ------ -- , 20_L3---
Arkansas State Contractor License No. 4 0/-3
If Bidder is:
OPTION 'I: An Individual
Name (type or printed):
By: (SEAL)
(Individual's Signature)
Doing business as:
Business address:
Phone No.:
FAX
Bid 13-50, Construction —Walker Park Concession/Restroom Building Renovation
City of Fayetteville September 2013
OPTION 2: A Partnership
Partnership Name:
By:
(SEAL)
(Signature of general partner — attach evidence of authority to sign)
Name (type or printed):
Business address:
Phone No.:
OPTION 3: A Corporation
FAX No.
Corporation Name:
_ ;��,! �'o.�s .vlvt• _-- -- (SEAL)
Date of Incorporation: --
Type (General Business, Professional, Service, Limited Liability):
Bid 13-50, Construction — Walker Park Concession/Restroom Building Renovation
City of Fayetteville September 2613
(Signature — anyph evidenceNQLauthodty to sign)
Name (type or printed): __ A:�4,41 AkfE�
Title:
(CORPORATE SEAL)
Business
Phone No.: `¢- `�`109 _FAX No.:- 57l- fG7Z
"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 INTENDS TO 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 DEDUCTIVE ALTERNATES, IF APPLICABLE, 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
Bid 13-50, Construction — Walker Park Concession/Restroom Building Renovation
City of Fayetteville September 2013
Section 00 41 16
BID BOND
STATE OF ARKANSAS
KNOW ALL PERSONS BY THESE PRESENTS, that we:
Pick- It_Con.structiQU_f�Z __-_-------._
Principal and Contractor, and U.S. Specialt -y Iug-�-aLnce cnmpa y_-
13403� Northwest �Freewar,�Houstonl_TX_ 77040�_—
hereinafter called Surety, are held and firmly bound unto the City of Fayetteville, Arkansas and
represented by its Mayor and City Council, hereinafter called Owner, in the sum of
Five Percent of Maximum Amount Bid DOLLARS {$*5g** }
lawful money of the United States of America, for the payment of which well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, by these presents.
WHEREAS, the Principal contemplates submitting or has submitted a bid to the Owner for the
furnishing of all labor, materials (except those to be specifically furnished by the Owner),
equipment, machinery, tools, apparatus, means of transportation for, and the performance of
the work covered in the Bid and the detailed Drawings and Specifications, entitled:
Construction — Walker Park ResfroomiConcession Building Renovation
City of Fayetteville, Arkansas
WHEREAS, it was a condition precedent to the submission of said bid that a cashier's check or
bid bond in the amount of 5 percent of the base bid be submitted with said bid as a guarantee
that the Bidder would, if awarded the Contract, enter into a written Contract with the Owner for
the performance of said Contract within twelve (12) consecutive calendar days after written
notice having been given of the award of the Contract. Cashier's check if submitted shall be
from a bank located in the State of Arkansas.
NOW, THEREFORE, the conditions of this obligation are such that if the Principal within Twelve
(12) consecutive calendar days after written notice of such acceptance enters into a written
Contract with the Owner and furnishes a Contract Surety Bond in an amount equal to 100
percent of the base bid, satisfactory to the Owner, then this obligation shall be void; otherwise
the sure herein stated shall be due and payable to the Owner and the Surety herein agrees to
pay said sum immediately upon demand of the Owner in good and lawful money of the United
States of America, as liquidated damages for failure thereof of said Principal.
IN WITNESS WHEREOF, the said Pick -It_ Construction,,_ Jg_C , as Principal herein,
has caused these presents to be signed in its name by its President_
and attested by its __Secretary`_____— --__ ___ under its corporate seal, and the said
Bid 13-50, Construction -- Walker Park ConcessionfRestroom Building Renovation
City of Fayetteville September 2013
U. S. SSecialty In.suranceQQmpajiy ,__ "-- as Surety herein, has
caused these presents to be signed in its name by its AttarneY-nFact ______
under its corporate seal, this _ 18th day of _aept__ A.D., 2013.
Signed, seated and delivered
in the presence of:
w 1
-111HIIIII
Surety
U.S. Specialty Insurance Company
W mess A5 t0 &r�t
Pick, It Cons tructio�_-
Principal -Contractor
r wm 0 ,
i
Attorney -in -Fact (Power-of-Attorn�
to be Attached) Gail A. Barra-
B� __- - -
Resident Agent Jai Barraza
71 t24 6
Bid 13-50, Construction — Walker Park Concession/Restroom Building Renovation
City of Fayetteville September 2013
ISM uj= Tr=
POWER OFATTOPMY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
= K &0 W 7--AK�-- M BY THESE Skffha- Aak&ican Contractors ljndJ0"Mnjt t mpafi., a California 944rmolc— 40
'y
assumed qft"Milwc i i ctors Indemnity -C.0mp4hA,',Utiite,il Sfates Surety Cowwam-
rp6rafi&fiirfd-U.S. Specialty lns6hWd6mg&Fy-,-rFexas; corporation (collectively, e ompanies"),dobyflWW--aF
constitute and appoint:
Mason T. Grashot, Gail A. Barraza, or Am! L. Ashmore of Little Rock, Arkansas
with full pgmi
tsrtriie orney(s)-in-fact, each in #l6kte* capacity if momEM0
gs rk#p w_aLd qiWon y
term-w, of W-reffiin. name, place, and 7-6 A""- Q
4WS
6�w
exec I edge and ft recognizaiji i-j"gjF
,U ., . , i --- 2
I r-Al MMUM89 - - ..
51he-rWR ffineits or contracts ixf suretyghiii 14: include riders, an WIN ANd-r-tousents of surety, pirwx-- e land
penalty does not exceed *****Three Million***** Dollars
This Power of Attorney shall expire without further action on December 08, 2016. This Power of Attorney is graved under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
,Bht Ri.wpjVq&-th4tjhpPresident, any ViotZ Presidentany Secretary
or;,anyAssistaint Sebqtaq shall be and is
Mi
to ri 0 he Company.-g
io�Ve6-rafid7autlRfr.l oint any one or gMd:M:-:1d&Le in -Fact to repf4igAn4A hi a4; t"If f t
v1sw
-R-9-
for7a—mrinThe name of and on behalf'of the�Cdmpany, to execute, acknowledge and de all ion
"or ey-iti:Fact may be given full powe atomd1w
recognizances, contracts, agreements or indemnity and other conditional or oblipt6ry undertakings, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability
thereunder, and any such instruments so executed by any such Attorney -in -Fact "I be binding upon the Company as if signed by the President and scaled and effected
by the Corporate Secretary.
&P-JUARM-N-2, hab61griature, of any atitl* Company heretofoo.V5 ......
qm�i ower of attorney
fflddWbe0i�A
0`272raeN5 t_WgW*--- s� fi�- inding upon the Qmiwyi-
�a�-R �'.Qa He signature or JL b M--tffa
y power of ;ttcF��§
_q
d-M inff which it is at �,Ik ij�,
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
10th day of December, 2012.
AMERICAN CONTRACTORS ImumNiTy COMPANY TEXAS BONDING , ..
COMPANY
Corporate Sear
UNITED .k-aff W-E SPEqAI,;T 4SIJ'R-A U.S -R-COMPANY
mm
—2,
:Za,
�M
--wo 42 f "11
s AN S'l,
Daniel P. Aguila
By:
MIN, r, Vice President
state ofs7f
S
vr;
~%VcF'December, 2012, b6fdypmndWaftwa' Wright, a notary publ!&T 911C)AWpFe eared Daniel P. AguilagpUlde Pbesidehr-of--;
American Contractors indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance
Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me: that. he, executed the same in .his authorized capacity, and that by his signature on the instrument the
per-son(0-,,%Ahy entity upon behalf ofybi aAtljR!%gftted, executed the,iristniment.'T
V A-
`-f�regomg paragrapli��
ENA LTY OF P Em" W- e ha ", att
the State of I..
my hand and official seaF`m1`-- 4-4-0--o awe,
Signature _ -\f (Seat)
ieanrlre 1,ee� A�ststant Secretary of Ali rican Contractors Indemnit,
l)�p!'QO*ahy,'O'oThoebycertify that
oMpanood-Aw. �. `Specialty Insur','i1.
Attorney, executed by said Companies, which is still in full force and
set out in the Power of Attorney are in full force and effect.
In W, ess Whereof I have hereunto set my hand and affixed the seals of said C0 mpanim at LAngeles,
os An les, California this dayt.
Corporate Seals V
N?
45, ffi
Bond No.6111�,-;% Jeannie
AM.. cd-v
:4 i
..... .......
Section 00 41 18
VENDOR REFERENCES
Bid #13-50, Construction Construction — Walker Park Restroom/Concession Building
Renovation
The following information is required from all Bidders so all bids may be reviewed and property
evaluated.
COMPANY NAME:
BUSINESS ADDRESS:
NUMBER OF YEARS IN BUSINESS: —LL HOW LONG IN PRESENT LOCATION: J�—
TOTAL NUMBER OF CURRENT EMPLOYEES: FULL TIME PART TIME
NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT:
3 FULL TIME I — 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. `- 4 � -
COMPAANtNAME
CITY, STATE,
C� talcfhclX1i
CONTACT PERSON
TELEPHONE
DA COMPLETED
2. _ CA
0- —
COMPANY AME
--
CITY, STATE, ZIP
CONTACT PERSON
TELEPHONE
DATE COMPLE ED
c M
E-MAIL ADDRESS E-MAIL ADDRESS
Bid 13-50, Construction — Walker Park Concession/Restroom Building Renovation
City of Fayetteville September 2013
Bid # 13-50, Construction — Walker Park Restroom/Concession Building Renovation
3.--
COMP Y NAME
CITY, SJATE, ZIP
CONTACT PERSON
TELEPHONE
pA�TE�CO�M�P�LQErT D
E-MAIL ADDRESS
4. C
COMP
ANY�AME
CITY, S ATE, ZIP
CONTACT PERSON
TELEPHONE
DATES COMPLETED
,X�r lf[�C t.iAlsP.F42,�1111�.a .Lic�_
E-MAIL ADDRESS
Bid 13-50, Construction — Walker Park Concession/Restroom Building Renovation
City of Fayetteville September 243
AGREEMENT
BETWEEN CITY OF FAYETTEVILLE AND PICKIT CONSTRUCTION, INC.
THIS AGREEMENT is dated as of the day of in the year
2013 by and between the City of Fayetteville, Arkansas (hereinafter called CITY OF
FAYETTEVILLE) and PICKIT CONSTRUCTION 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 renovation of the concession, restroom, office and
storage spaces within the Walker Park ConcessionlRestroom. The construction includes
structural additions, wall modifications, finishes, mechanical, plumbing and electrical
items. These items and others are detailed specifically in the Drawings and
Specifications for the Construction of Walker Park ConcessionlRestroom Building
Renovation Project.
Article 2. PROJECT MANAGER.
This Project has been designed by deMx Architecture under the supervision of:
City of Fayetteville Parks and Recreation Department
1455 South Happy Hollow Road
Fayetteville, Arkansas 72701
and will hereinafter be 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 Walker Park ConcessionlRestroom Building
Renovation shall be substantially complete within 150 consecutive calendar days
after the date when the Contract Time commences to run as provided in
paragraph 2.03 of the General Conditions, and completed and ready for final
payment in accordance with paragraphs 14.07.13 & C of the General Conditions
within 180 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 CONTRACTOR
agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR
shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250A0) 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.
One Hundred Thirty Thousand Nine Hundred and „001100 ($130,900.00)
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.E of the General Conditions.
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of
the General Conditions or as modified in the Supplementary Conditions. Applications for
Payment will be processed by PARKS AND RECREATION DEPARTMENT PROJECT
MANAGER as provided in the General Conditions.
5.1. Progress Payments. CITY OF FAYETTEVILLE shalt 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.
5.3 Final Payment. Upon final completion and acceptance of the Work in
accordance with paragraphs 14.07.13 & C of the General Conditions, CITY OF
FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by
PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in
said paragraphs 14.07.E & 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 sites and become familiar with and is satisfied
as to the general, local, and site conditions that may affect cost, progress,
performance, or furnishing of the Work.
6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local
Laws and Regulations that may affect cost, progress, performance, and furnishing
of the Work.
6.4. CONTRACTOR has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or
contiguous to the site which have been identified in the Supplementary Conditions
as provided in paragraph 4.02.A of the General Conditions. CONTRACTOR
accepts the determination set forth in paragraph SC-4.02 of the Supplementary
Conditions of the extent of the "technical data" contained in such reports and
drawings upon which CONTRACTOR is entitled to rely as provided in paragraph
4.02 of the General Conditions.
CONTRACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR's purposes.
CONTRACTOR acknowledges that CITY OF FAYETTEVILLE and PARKS AND
RECREATION DEPARTMENT PROJECT MANAGER do not assume
responsibility for the accuracy or completeness of information and data shown or
indicated in the Contract Documents with respect to Underground Facilities at or
contiguous to the site. CONTRACTOR has obtained and carefully studied (or
assumes responsibility for having done so) all such additional supplementary
examinations, investigations, explorations, tests, studies, and data concerning
conditions (surface, subsurface, and Underground Facilities) at or contiguous to
the site or otherwise which may affect cost, progress, performance, or furnishing of
the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to the employed by CONTRACTOR
and safety precautions and programs incident thereto. CONTRACTOR does not
consider that any additional examinations, investigations, explorations, tests,
studies, or data are necessary for the performance and furnishing of the Work at
the Contract Price, within the Contract Times, and in accordance with the other
terms and conditions of the Contract Documents.
6.5. CONTRACTOR is aware of the general nature of work to be performed by
CITY OF FAYETTEVILLE and others at the site that relates to the Work as
indicated in the Contract Documents.
6.6. CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained from visits to the site, reports and drawings
identified in the Contract Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract Documents.
6.7. CONTRACTOR has given PARKS AND RECREATION DEPARTMENT
PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or
discrepancies that CONTRACTOR has discovered in the Contract Documents and
the written resolution thereof by PARKS AND RECREATION DEPARTMENT
PROJECT MANAGER is acceptable to CONTRACTOR and the Contract
Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between CITY OF
FAYETTEVILLE and CONTRACTOR concerning the Work consist of the following:
7.1. This Agreement (pages 1 to 7, inclusive).
7.2. Performance and Payment Bonds, (Exhibits A and B respectively).
7.3. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection
(Exhibit 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 number 1, inclusive.
7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and
additional sheets as enumerated in the drawing index with each sheet
bearing the following general title: Construction Documents- Walker Park
Concession/Restroom Renovation.
7.10. The following which may be delivered or issued after the Effective Date of
the Agreement and are not attached hereto:
7.10.1. Notice to Proceed
7.10.2 All Written Amendments and other documents amending,
modifying or supplementing the Contract Documents pursuant to
paragraph 3.04 of the General Conditions.
The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 7. The
Contract Documents may only be amended, modified or supplemented as provided in
paragraph 3.04 of the General Conditions.
Article 8. MISCELLANEOUS.
8.1. Terms used in the Agreement which are defined in Article 1 of the General
Conditions will have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and, specifically but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment no
assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
8.3. CITY OF FAYETTEVILLE and CONTRACTOR each binds itself, it partners,
successors, assigns, and legal representatives to the other party hereto, its partners,
successors, assigns, and legal representatives in respect to all covenants,
agreements and obligations contained in the Contract Documents.
8.4. Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken and all
remaining provisions shall continue to be valid and binding upon stricken provision or
part thereof with a valid and enforceable provision that comes as close as possible
expressing the intention of the stricken provision.
8.5. Changes, modifications, or amendments in scope, price or fees to this contract
shall not be allowed without a prior formal contract amendment approved by the
Mayor and the City Council in advance of the change in scope, cost or fees.
8.6. Freedom of Information Act. City contract and documents prepared while
performing city contractual work are subject to the Arkansas Freedom of Information
Act. If a Freedom of Information Act request is presented to the City of Fayetteville,
CONTRACTOR will do everything possible to provide the documents in a prompt
and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A.
§25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the
FOIA may be assessed for this compliance.
8.7. No liens against this construction project are allowed. Arkansas law (A.C.A.
§§ 18-44-501 through 508) prohibits the filing of any mechanics' or 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.
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 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).
CIYOFYETTEVILLE:
gyr
[CORPO
.�G�� Y
2-0:FAY EV11L..E;;
(�Zif®Its
Attest A
Secretary.
Address for giving notices
[CORPORATE SEAL]
'Attest
* If a Corporation, attest by the
Address forgiving notices
A�Wy /!/, A,
FXIVM L-L'r Ae 7,R>Gl
(If CITY OF FAYETTEVILLE is a public body, attach License No.
evidence of authority to sign and resolution or other
documents Agent for service of process: authorizing execution of Agreement.)
(If CONTRACTOR is a corporation, attach evidence of authority to sign.)
from any personal liability for acts performed on behalf of the, corporation to date and approve these acts
on behalf of the corporation.
6. Authority to Execute L,ezaal Documents for- the Corporation. Execution of legal documents
for the corporation was discussed, after which, on motion duly made, seconded and unanimously
carried, it was
RESOLVED: Any one of the following officers is/are hereby authorized to execute all
legal documents for and on behalf of the corporation, including but not limited to leases, mortgages,
agreements, contracts, promissory notes, bills of sale, chattel mortgages, satisfactions and assignments
of mortgages, liens and encumbrances of all kinds, claims for liens, lien waivers, transfers and
assignments of real, personal and mixed property, which may be necessary and proper in the conduct of
the corporation:
Nathan 1,oreti Ogden
Reference is made to the official corporate documents on file with the Arkansas Corporations
Section of the Secretary of the State and the official corporate files at the main office of the corporation
located at 2300 S. Razorback Road, Fayetteville, Arkansas.
7. Section 1244 Plan. The chairman then stated that he felt it would be advisable to approve and
adopt a plan to offer shares of common stock for sale under § 1244 of the Internal Revenue Code of 1954
as amended. The chairman presented to the meeting a form of plan to offer shares of common stock for
sale, so that any loss sustained by a shareholder on the sale or exchange of stock in the corporation may
qualify for ordinary loss deduction treatment on the shareholder's personal income tax return. On motion
duly made, seconded and unanimously passed, the following preambles and resolutions were
unanimously adopted:
WHEREAS,. it is deemed advisable and in the best interests of the corporation and its
shareholders that the Board of Directors of the corporation approve and adopt a plan to offer shares of
common stock for sale so that, in the hands of qualified shareholders, such shares of stock will receive
the benefits of § 1244 of the internal Revenue Code of 1954 as amended; and
WHEREAS, the corporation is a small business corporation as defined in § 1244(c)3, and there
is not now outstanding any prior offering of the corporation to sell and issue any of its stock;
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Board of Directors hereby
approve and adopt the plan to offer shares of common stock for sale in the form of plan presented to this
meeting, and the Board of Directors instructs the secretary of this meeting to insert a copy of that plan in
the minute book following the minutes of this meeting; and
IT IS FURTHER RESOLVED that the proper officers of the corporation are hereby
authorized and directed to sell and issue shares of common stock in such manner that they qualify under
the plan hereinabove adopted.
8. Section 303 Stock Redemption. The President advised those present that the death of one of
the major shareholders of the corporation is a possibility that could occur, and that the Internal Revenue
Code of 1954, as amended, §303, permits shares of stock in a corporation to be redeemed for payment of
estate, inheritance, legacy, succession taxes, and funeral and administration expenses; after discussion,
and upon motion made, seconded and unanimously passed, it was
RESOLVED: The corporation agrees that in the event of the death of any major shareholder
City -Of Fayetteville.- Pure as _. (P4y 1. equot:
TIN on F,
Ulna:
:
[ikAaPulcr oCwws ........ ... :. : ;:: '
mMPMR-tMilogry
Dare.
Alf purchases under $2500 shaitbe used on a'P-Card onlass nWdFE71 jor 1W9 sarvim rFl ftA,. (C,al7.X;8ah i yur�gar�sj.-'-
. .. ARPO stshall.be scanged.ta.tfrc. .. •.• .ewrrari:`.
®near - en Herne:Mail
16068 Picket Construction, Inc
Yes:— Now
dress:
Fob PoHUaxaniff
Quotas Attached
10024 N. Campbell Rd.
Yes:_ Nv:
Yam Bld Ton No -
City'
State:
Z€p Gode:
Shlp to code-
Haw Ap"val.
F tteviQe
AR
72701
nester:
quest" Emproyee
Iom
Byron Humph , McIntenance Superintendent
2557
$380
Item
Des lion
Quanta
Un€€ of lasue
Unit Cyst
Extended Cost
Account Numbers
Pr ' u6 'ecl #
Invenlopy #
Fixed Asset #
Renovation of Walker Park
1
Concession and Rewkr -
1
1
LS
$81,d80.00
2250.925&5315L0
13001.13"
Bid 13.50
Renovaton of Walker Park
2
Concession and Restnuom •
1
1
LS
$49A20.00
2250.925&5315.00
13001.1305
Bid 13.50
3
SOLO
4
a
Kul)
e
$0.00
7
$0.00
8
$0-00
9
$0.00
10
$0.00
ShlppinglHandling
Lot
$0-00
pe s c ones
Tax is included in the bid price- Subtotal: $130,900.00
Tax:
Total: $1,01,00.10
Approvals:
Mayor: Department Director: Purchasing Manager:
Finance & Internal Services Director, Budge] Manager: lT Manager.
Dispatch Manager. Utilities Manager. Other
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Doc ID: 015505770003 Type. LIE
/ Kind: PERFORMANCEd;11/27/2 BOND
Recorded: li/27/2013 at 02:42:37 PM
Fee Amt: $25.00 Page 1 of 3
Washington county, AR
Kyle sylvester Circuit Clerk
PERFORMANCE BOND AND PAYMENT BOND FileBo32-00000250
Bond Number : 1000963043
We Pick -It Construction, Inc., hereinafter referred to as Principal, and U.S. Specialty
Insurance Company, hereinafter referred to as Surety, are held and firmly bound unto City of
Fayetteville, Arkansas, as obPee, hereinafter referred to as Owner, in the initial Contract
amount of $ 130.9 �ne Hundred Thirty Thousand Nine Hundred & No/100, said
amount to e d UmAN performance bond payable to Owner under the terms of this
Performance and Payment Bond Agreement. The Principal and Surety state that the Surety
is a solvent corporate surety company authorized to do business in the State of Arkansas.
Principal has by written agreement dated November 5, 2013 entered into a capital
improvement contract (Contract) with the Owner for Construction of Walker Park
Concession/Restroom Building Renovation Project, Fayetteville, Arkansas. The above
referenced Contract is incorporated herein by reference.
Under this Performance and Payment Bond Agreement, the Principal and Surety
shall be responsible for the following:
a. The Principal shall faithfully perform the above referenced Contract, which is
incorporated herein by reference and shall pay all indebtedness for labor and materials
furnished or performed under the Contract.
b. In the event that the Principal fails to perform the Contract, the Principal and the
Surety, jointly and severally, shall indemnify and save harmless the Owner from all cost and
damage which the Owner may suffer by reason of Principal's failure to perform the Contract.
Said indemnification shall include, but not be limited to, full reimbursement and repayment
to the Owner for all outlays and expenses which the Owner may incur in making good any
such default or failure to perform the Contract by the Principal.
c. Principal shall pay all persons all indebtedness for labor or material furnished or
performed under the Contract and in doing so this obligation shall be null and void. In the
event that Principal fails to pay for such indebtedness, such persons shall have a direct right
of action against the Principal and Surety, jointly and severally, under this obligation, subject
to the Owner's priority.
d. Principal shall guarantee the faithful performance of the prevailing hourly wage
clause as provided in the Contract.
This bond is given in accordance with Arkansas laws and regulations, including Ark.
Code Ann. § 18-44-503, §19-4-1405, and § 22-9-401 et seq. The Surety guarantees that the
Principal shall comply with Ark. Code Ann. § 22-9-308 (d) by payment and full compliance
Rev 11/13/03 PERFORMANCE AND PAYMENT BOND 00614-1
with all prevailing hourly wage contract provisions where the contract amount exceeds the
amount provided in Ark. Code Ann. § 22-9-302(1).
Any changes made in the terms of the Contract, including but not limited to, the
amount of the contract, or in the work to be done under it, or the giving by the Owner of any
extension of time for the performance of the contract, or any other forbearance on the part of
either the Owner or the Principal to the other shall not in any way release the Principal and
the Surety or Sureties or either or any of them, their heirs, personal representatives,
successors or assigns from their liability hereunder, notice to and consent of the Surety or
Sureties of any such change, extension or forbearance being are hereby voluntarily waived.
In no event shall the aggregate liability of the Surety exceed the Contract documents.
This Performance and Payment Bond Agreement is binding upon the above named
parties, and their successors, heirs, assigns and personal representatives.
Executed by the parties who individually represent that each voluntarily enters into
and has the authority to enter into this agreement.
BY:
Contractor Date
BY: 4OC4 11/20/2013
Arkansas Resi n"e Non esident Agent/ Attorney -in -Fact Date
Gail A. Barraza 11/20/2013
Print: Agent's Name Date
PO Box 23407
Address
Little Rock Pulaski Arkansas 72221
City County State Zip Code
Business #: 501-707-3519 Fax #: 501-325-1259
E-Mall: gail@thebondexchange.com
Rev 11/13J03 PERFORMANCE AND PAYMENT BOND 00614-2
PERFORMANCE BOND AND PAYMENT BOND
Bond Number : 1000963043
We Pick -It Construction, Inc., hereinafter referred to as Principal, and U.S. Specialty
Insurance Company, hereinafter referred to as Surety, are held and firmly bound unto City of
Fayetteville, Arkansas, as obligee, hereinafter referred to as Owner, in the initial Contract
amount of $ 130,900.00 One Hundred Thirty Thousand Nine Hundred & No1100, said
amount to be deemed a performance bond payable to Owner under the terms of this
Performance and Payment Bond Agreement. The Principal and Surety state that the Surety
is a solvent corporate surety company authorized to do business in the State of Arkansas.
Principal has by written agreement dated November 5, 2013 entered into a capital
improvement contract (Contract) with the Owner for Construction of Walker Park
Concession/Restroom Building Renovation Project, Fayetteville, Arkansas. The above
referenced Contract is incorporated herein by reference.
Under this Performance and Payment Bond Agreement, the Principal and Surety
shall be responsible for the following:
a. The Principal shall faithfully perform the above referenced Contract, which is
incorporated herein by reference and shall pay all indebtedness for labor and materials
furnished or performed under the Contract.
b. In the event that the Principal fails to perform the Contract, the Principal and the
Surety, jointly and severally, shall indemnify and save harmless the Owner from all cost and
damage which the Owner may suffer by reason of Principal's failure to perform the Contract.
Said indemnification shall include, but not be limited to, full reimbursement and repayment
to the Owner for all outlays and expenses which the Owner may incur in making good any
such default or failure to perform the Contract by the Principal.
c. Principal shall pay all persons all indebtedness for labor or material furnished or
performed under the Contract and in doing so this obligation shall be null and void. In the
event that Principal fails to pay for such indebtedness, such persons shall have a direct right
of action against the Principal and Surety, jointly and severally, under this obligation, subject
to the Owner's priority.
d. Principal shall guarantee the faithful performance of the prevailing hourly wage
clause as provided in the Contract.
This bond is given in accordance with Arkansas laws and regulations, including Ark.
Code Ann. § 18-44-503, §19-4-1405, and § 22-9401 et seq. The Surety guarantees that the
Principal shall comply with Ark. Code Ann. § 22-9-308 (d) by payment and full compliance
Rev 11/13/03 PERFORMANCE AND PAYMENT BOND 00614-1
with all prevailing hourly wage contract provisions where the contract amount exceeds the
amount provided in Ark. Code Ann. § 22-9-302(1).
Any changes made in the terms of the Contract, including but not limited to, the
amount of the contract, or in the work to be done under it, or the giving by the Owner of any
extension of time for the performance of the contract, or any other forbearance on the part of
either the Owner or the Principal to the other shall not in any way release the Principal and
the Surety or Sureties or either or any of them, their heirs, personal representatives,
successors or assigns from their liability hereunder, notice to and consent of the Surety or
Sureties of any such change, extension or forbearance being are hereby voluntarily waived.
In no event shall the aggregate liability of the Surety exceed the Contract documents.
This Performance and Payment Bond Agreement is binding upon the above named
parties, and their successors, heirs, assigns and personal representatives.
Executed by the parties who individually represent that each voluntarily enters into
and has the authority to enter into this agreement.
BY:
1 I�7 3
Contractor U Date
BY: ' 11/20/2013
Arkansas R sident Agent or N Resident Agent/ Attorney -in -Pact Date
Gail A. Barraza 11/20/2013
Print: Agent's Name Date
PC Lox 23407
Address
Little Rock Pulaski Arkansas 72221
City County State Zip Code
Business #: 501-707-3519 Fax #: 501-325-1259
E-Mail: gail@thebondexchange.com
Rev 11113/03 PERFORMANCE AND PAYMENT BOND 00614-2
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETN' COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas
Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland
corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make,
constitute and appoint:
Mason T. Grashot, Gail A_ Barraza, or Ami L. Ashmore of Little Rock, Arkansas
its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings
or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond
penalty does not exceed 000" Tree Million "* Dollar's (S sa3,000,OQ0.20•• ),
This Power of Attorney shall expire without further action on December 08, 2016. This Power of Attorney is graved under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following
provisions:
Ruarnt),in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds,
reeognizances, contracts, agteemenis or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts, and any and all notices and docwnents canceling or terminating the Company's liability
thereunder. and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any ceni fncatc relating
thereto by facsimile, and any power of attorney or certificate beating facsimile signature or facsimile sal shall be valid and binding upon the Company with respect to
any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
I Oth day of December, 2012.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
g��F�►GTO�v a ra glPi�
�f 1 } 41 sti L 343i fc + }iQi
I` "sue r. Daniel P. Aguilar, Vice PrestWent
�� �ex, E'OF TE r '+mew.•
State of California
County of Los Angeles SS:
On 1 Oth day of December, 2012, before me, Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance
Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. It
= "Mbl
ra cNa"a .01"N1t
Signature (Seal) 110Inm
cursti t t>.e e. tole
I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety
Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power
of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors,
set out in the Power of Attorney are in full force and effect.
In Witness Whereof, 1 have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day
o f Zhos
,v � pUlfl
Corporate Seals iM;ram Es°�suR o"D'•".°e at'°°"
Bond No. "'� """ `� _ s Jeannie Lee, �,��,?,� I istant Secretary
Agency No. 0217 `a,'y� �",�„r '^wy.v..�o'' �•y�JM�,,OF TES '..,.�°'
PICKI-1 OP ID: PL
'44c"RIJ- CERTIFICATE 4F LIABILITY INSURANCE
1 °A'E`"
11/27/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such andorsenw s .
PRODUCER
Farris Insurance Agency Inc
PO Box 348
NAMEA Nathan 29den
PHONE
.479-973-4109 Arc Ne ; 479-571-3672
Springdale, AR 72765
Jeff Jech
E4WIAIL
ADDRESS:
INSURE S AFFORDING COVERAGE
NAICB
INSURER A: Union Standard Insurance
31325
INSURED Pick -It Construction, Inc. S
Ogden Leasing, Inc.
10024 N Campbell Rd.
INSURER a:CNA Surety Company
INsuRERc:
INSURERD:
Fayetteville, AR 72701
INSURER E .
I SU RF;
COVERAGES CERTIFICATE NLIMSER- REVISION HUMMER!
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.
INSTYPE
JJ
OF INSURANCE
POLICY NUMBERPOl
l EFF
PO Y EXP
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE a OCCUR
X
CNA457385610
12JO912012
121OW2013
EACH OCCURRENCE
3 1,000,00
PREMISES Ea o=xrencs
3 100,00
MED EXP (Arty one person)
3 5,00
PERSONAL HADVINJURY
$ 1,000,0
GENERAL AGGREGATE
3 2,000,0D
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY X P LOC
PRODUCTS • COMPIOP AGG
3 2,000,00
3
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
HIREDAUTOS M NUTOS ED
CAA437237712
12/0912012
12109/2013
COMBINED SINGLE LIMITEa wode
nt
1,000,00
X
BODILY INJURY (Per pw9m)
S
BODILY INJURY (Pareaddem)
f
X
PERACCIDE
3
A
X
UMBRELLALFAB X
EXCESSLIAB
I OCCUR
CLAIMS -MADE
CUA457386010
12109/2012
1210912013
EACH OCCURRENCE
3 1,000,00
AGGREGATE
= 1,000,00
DED I X I RETENTIONS WOO
:
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PAMNERIEXECUTIVE Y I N
OFFICERIMEMBER EXCLUDED?
(Menlo m In NN)
IffDESG�Rtl POTION O� F OPERATIONS blow
N 1 A
CA437340712
1 T10912012
12/09/2013
X WCSTATLI TH.
E_L EACH ACCIDENT
3 1,000,00
E,L DISEASE • EA EMPLOYE
3 1,000,00
EL DISEASE -POLICY LIMIT
$ 1,000.00
B
AR Contractor
License Bond
61204606
01/0512013
01105/12014
Bond 10,00
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ARKh ACORD 101, Addlioul Ra0wi a Schedule, d more specs b.squired)
The City of Fayetteville is listed as an additional insured in regards to
general liability.
City of Fayetteville
Attn: Inspection Division
575-8202
113 West Mountain
Fayetteville, AR 72701
CITYFAY
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATNE
Jeff Jech
ACORD 25 (2010105)
The ACORD name and logo are registered marks of ACORD
All rights romarwad
Byron Humphry
Submitted By
City of Fayetteville Item Review Form
2014-0048
Legistar File Number
NIA
City Council Meeting Date - Agenda Item Only
NIA for Nan -Agenda Item
Action Required:
P "
oi�
Parks and Recreation
Department
Approval of change order #1 to Resolution 214-13 for Bid # 13-50 with Pick -it Construction, Inc. in
the amount of $3,637.35 for the Construction of Walker Park Concession/Restroom Restoration.
Does this item have a cost? Yes
$3,637.35
........................
Cost of this request
2250.9255.5315.00
Account Number
13001.1305
Project Number
Budgeted Item? Yes
$155,330.00
Category or Project Budget
$142,655.00
Funds Used to Date
$9,037.65
Remaining Balance
Budget Adjustment Attached? No
Previous Ordinance or Resolution # 214-13
Original Contract Number:
Comments:
Community Park Improvements
Program or Project Name
Walker Park Improvements
Program or Project Category
Parks Development
Fund Name
V20130812
Layle 1W T
ARKANSAS�
To:
Thru:
From:
Date:
Mayor Lioneld Jordan
Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director
Byron Humphry, Park Maintenance Superintendent
January 27, 2014
THE CITY OF FAYETTEVILLE, ARKANSAS
'..APARKS 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 214-13 for Bid # 13-50 with Pick -It
Construction, Inc. in the amount of $3,637.35 for the Construction of Walker Park Concession
and Restroom Renovation
PROPOSAL:
The Baseball Complex at Walker Park hosts the youth baseball program which accommodated 925 participants
in 2013. The original baseball fields and concession stand was built by volunteers starting in 1960. The
concession/restroom building was last updated in 1988.
On November 5, 2013, the City Council passed Resolution Number 214-13 approving a contract with Pick -It
Construction, Inc. for Bid 13-50, Construction of Walker Park Concession and Restroom Renovation, in the
amount of $130,900 with a 10% project contingency of $13,090 for a total project cost of $143,990. The project
includes structural additions, wall modifications, finishes, mechanical, plumbing, and electrical items.
Staff is requesting approval for the following changes:
1. Addition of 362 square feet of concrete removal and replacement around the perimeter of the concession
building;
2. Addition of a Knox Box.
Revisions listed in item #1 are required to meet ADA requirements and to create a more uniform appearance.
Revision listed in item #2 are required as park of the building permit by the Fire Marshal. The contractor is also
requesting 2 additional days for completion of the project.
RECOMMENDATION:
Parks and Recreation staff recommends approval of change order #1 to Resolution 214-13 for Bid # 13-50 with
Pick -It Construction, Inc. resulting in an increase of $3,637.35. This amount is within the project contingency of
$13,090 leaving a balance of $9,037.65 in contingency.
BUDGET IMPACT:
This project is funded with Park Land Dedication (SE Quadrant) and Park Development funds. The cost is
accounted for in project number 13001.1305 - Walker Park Improvements.
Attachments:
Staff Review Form
Resolution No. 214-13
Pick -It Construction, Inc. Change Order No. I Cost Estimate
Change Order No. 1
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
RESOLUTION NO.214-13
A RESOLUTION AWARDING BID 913-50 AND APPROVING A
CONTRACT WITH PICK -IT CONSTRUCTION, INC. IN THE AMOUNT OF
$130,900.00 FOR THE RENOVATION OF CONCESSION AREAS AND
RESTROOMS AT WALKER PARK, APPROVING A TEN PERCENT (10%)
PROJECT CONTINGENCY AND APPROVING A BUDGET ADJUSTMENT
IN THE AMOUNT OF $ 16,760.00
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
#13-50 and approves a contract with Pick -It Construction, Inc. in the amount of $130,900.00 for
renovation of concession areas and restrooms at Walker Park, and further approves a ten percent
(10%) project contingency.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment in the amount of $16,760.00, a copy of which is attached to this Resolution as
Exhibit "A".
PASSED and APPROVED this 501 day of November, 2013.
APPROVED;
ATTEST:
�tO LA J , Mayor SONDRA E. SMITH City Clerk/Treasurer
���x►Es�:rrrj.
F'AYE?TEV
M�Pl �jlln�.alrtsa��\����yw
Za e evlle
'ARKANSAS�
THE CITY OF FAYETTEVIL LE, ARKANSAS
PARKS AND RECREATION DEPARTMENT
113 West Mountain
t Fayetteville, AR 72701
P1479►444-3471 F(479)521-7714
CHANGE ORDER NO. 1 Cost Plus X Pre -Agreed Unit Price X
Project Name and Number: Construction of Walker Park Concession and Restroom Renovation
Name of Contractor: Pick -It Construction, Inc.
Address of Contractor: 10024 N. Campbell Road, Fayetteville, AR 72701
Date of Contract: November 5, 2013
Original Contract Sum: $ 130,900.00
Total Amount of All Previous Approved Change Orders: $ 0.00
Contract Sum prior to this Change Order: $ 130,900.00
Contract Sum increase this Change Order: $ 3,637.35
New Contract Sum including this Change Order: $ 134,537,35
Subject and Reason for this Change Order: Staff is requesting approval for the following changes: 1) Addition of
362 square feet of concrete removal and replacement around the perimeter of the concession building. 2) Addition
of a Knox Box. Revisions listed in item # 1 are required to meet ADA requirements and to create a more uniform
appearance. Revision listed in item #2 are required as part of the building permit by the Fire Marshal. The
contractor is also requesting 2 additional days for completion of the project.
Additional Time Requested: 2 Calendar Days
Dated this 28th day of JanumL 20I4
CITY OF FAYETTEVILLE
Parks & creatio Department
By:
Byron Hu phry, M inte ce Superintendent
CITY OFF CTTEV E
By:
Mayor L' nel Jordan
ATTEST:
J� 4
Pick -It Construction, Inc.
Contractor
By:
Title:
ATTEST:
Telecommunications Device for the Deaf TDD (479)521-1316 113 West Mountain -Fayetteville, AR 72701
Pick -it Construction Inc.
10024 N. Campbell Rd, Fayetteville, AR 72701
Change Order #1 Project #5703
Owner: City of Fayetteville
Architect: deMx Architecture
Project: Walker Park Concession Stand and Restrooms
The contract is changed as follows:
Addition of 362sf of concrete removal and replacement.
1.
$1,267.00
Concrete Labor (Subcontracted)
2.
$720.00
Concrete Material (8cy)
3.
$770.00
Knox Box Labor and Material (Self Perform)
4.
$640.00
Supervision (2 days)
5.
$99.35
Profit on subcontracted work (51/%)
6.
$141.00
Profit on self -performed work (10%)
7.
$3,637.35
Total Change Order
Breakdown:
The original contract sum was $ 130,900.00
Net change by previously authorized change orders $ 0.00
The contract sum prior to this change order was $ 130,900.00
The contract sum will be increased by this change order in the amount of $ 3,637.35
The new contract sum including this change order will be $ 134,537.35
The contract time will be increased by ................................................ (2 ) days
Byron Humphry
Submitted By
�V Vr
City of Fayetteville Item Review Form V a
2014-0170
Legistar File Number
NIA
City Council Meeting Date - Agenda Item Only
NIA for Non -Agenda Item
Action Required:
Parks and Recreation
Department
Approval of change order #2 to Resolution 214-13 for Bid # 13-50 with Pick -It Construction, Inc. in
the amount of $2,738.95 for the Construction of Walker Park Concession/Restroom Restoration.
Does this item have a cost? Yes
$2,738.95
Cost of this request
2250.9255-5315-00
Account Number
13001.1305
Project Number
$155,329.06
Category or Project Budget
$146,292.35
Funds Used to Date
$6,297.76
Remaining Balance
Community Park Improvements
Program or Project Name
Walker Park Improvements
Program or Project Category
Parks Development
Fund Name
Budgeted Item? Yes Budget Adjustment Attached? NO
V20130812
Previous Ordinance or Resolution # 214-13
Original Contract Number: 2303
Comments:
CITY OF
TeeTle
ARKANSAS
To: Mayor Lioneld .Jordan
Thru: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director
From: Byron Humphry, Park Maintenance Superintendent
Date: March 31, 2014
Subject: Request for approval of change order #2 to Resolution 214-13 for Bid # 13-50
with Pick -It Construction, Inc. in the amount of $2,738.95 for the Construction of
Walker Park Concession and Restroom Renovation
PROPOSAL:
The Baseball Complex at Walker Park hosts the youth baseball program which accommodated
925 participants in 2013. The original baseball fields and concession stand was built by
volunteers starting in 1960. The concessionlrestroom building was last updated in 1988.
On November 5, 2013, the City Council passed Resolution Number 214-13 approving a contract
with Pick -It Construction, Inc. for Bid 13-50, Construction of Walker Park Concession and
Restroom Renovation, in the amount of $130,900 with a 10% project contingency of $13,090 for
a total project cost of $143,990. The project includes structural additions, wall modifications,
finishes, mechanical, plumbing, and electrical items.
Staff is requesting approval for the following change:
Addition of floor tile to the restrooms.
Revisions listed are necessary due to the existing floor not being suitable to utilize as sealed
concrete. Tile must be installed on concrete floor. The contractor is also requesting 3 additional
days for completion of the project.
RECOMMENDATION:
Parks and Recreation staff recommends approval of change order #2 to Resolution 214-13 for
Bid # 13-50 with Pick -It Construction, Inc. resulting in an increase of $2,738.95. This amount is
within the project contingency of $13,090 leaving a balance of $5,907.20 in contingency.
BUDGET IMPACT:
This project is funded with Park Land Dedication (SE Quadrant) and Park Development funds.
The cost is accounted for in project number 13001.1305 - Walker Park Improvements.
Attachments:
Staff Review Form
Resolution No. 214-13
Pick -It Construction, Inc. Change Order No. 2 Cost Estimate
Change Order No. 2
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
RESOLUTION NO.214-13
A RESOLUTION AWARDING BID #13-50 AND APPROVING A
CONTRACT WITH PICK -IT CONSTRUCTION, INC. IN THE AMOUNT OF
$130,900.00 FOR THE RENOVATION OF CONCESSION AREAS AND
RESTROOMS AT WALKER PARK, APPROVING A TEN PERCENT (10%)
PROJECT CONTINGENCY AND APPROVING A BUDGET ADJUSTMENT
IN THE AMOUNT OF $16,760.00
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
#13-50 and approves a contract with Pick -It Construction, Inc. in the amount of $130,900.00 for
renovation of concession areas and restrooms at Walker Park, and further approves a ten percent
(10%) project contingency.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment in the amount of $16,760.00, a copy of which is attached to this Resolution as
Exhibit "A".
PASSED and APPROVED this 51 day of November, 2013.
APPROVED:
ATTEST:
61ORELD J , Mayor SONDRA E. SMITH, City Clerk/Treasurer
• `,�1�ti11llilflf��l
FAYr 7-r[ViLLC =
r!5;y
.� C., �.`r kA fi1`tP . �
''�rriihlii%� �
10024 N. Campbell Rd. Fayetteville, AR 72701
Change Order #2 Project #5703
Owner: City of Fayetteville Architect: deMx Architecture
Project: Walker Park Concession Stand and Restrooms
The contract is changed as follows:
Addition of Quarry Tile in restrooms including 5" base.
1
$2,709.00
Tile labor and material (sub)
2
($770.00)
Knox Box deduct
3
($391.50)
Deduct for Clear Sealer
4
$960.00
Supervision (3days)
5
$135.45
Profit on subcontracted work (51/o)
6
$96.00
Profit on self -performed work (10%)
7
$2,738.95
Total Change Order
Breakdown:
The original contract sum was $ 130,900.00
Net change by previously authorized change orders $ 3,637.35
The contract sum prior to this change order was $ 134,537.35
The contract sum will be increased by this change order in the amount of $ 2,738.95
The new contract sum including this change order will be $ 137,276.30
The contract time will be increased by ................................................ (3 ) days
CITY OF
Yue
Av• SSAS
CHANGE ORDER NO. 2 Cost Plus X Pre -Agreed Unit Price X
Project Name and Number: Construction of Walker Park Concession and Restroom Renovation
Name of Contractor: Pick -It Construction, Inc.
Address of Contractor: 10024 N. Campbell Road, Fayetteville, AR 72701
Date of Contract: November 5. 2013
Original Contract Sum: $ 130,900.00
Total Amount of All Previous Approved Change Orders: $ 3,637. 35
Contract Sum prior to this Change Order: $ 134,537.35
Contract Sum increase this Change Order: $ 2,738.95
New Contract Sum including this Change Order: $__ 137,276.30
Subject and Reason for this Change Order: Staff is requesting approval for the following
change: Tiling the restroom floors. These items were omitted from the original contract due to
budget constraints. The contractor is requesting five additional days for completion of the
project. The additional five days will be added to the substantial completion date so that the
project will be completed before the pool opens for the 2014 season.
Additional Time Requested: 3 Calendar Days
Dated this 31 th day of March, 2014
CITY OF FAYETTEVILLE
Parks 8� creation Department
By:
Byroh FTuWphry,'Ma1hten15ce Superintendent
CITY OFF YETTEVI
By:
'z='—
Mayor Lion ordan
ATTEST•
Pick -It Construction, Inc.
Contractor
By:_;.
ter'
f 2,. i J
ATTEST:
FAYE77EVll_I..i
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Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayettevi Ile-ar.g ov