HomeMy WebLinkAbout108-15 RESOLUTIONRESOLUTION NO. 108-15
A RESOLUTION TO AWARD BID #15-34 AND AUTHORIZE A CONTRACT
WITH LEIGH EARTHWORKS, LLC OF WINSLOW, ARKANSAS FOR THE
FAYETTEVILLE SENIOR ACTIVITY AND WELLNESS CENTER PARKING
LOT EXPANSION PROJECT IN THE AMOUNT OF $35,063.00, AND TO
APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,506.00
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 415-34
and authorizes a contract with Leigh Earthworks, LLC of Winslow, Arkansas for the Fayetteville
Senior Activity and Wellness Center parking lot expansion project in the amount of $35,063.00,
and further approves a project contingency in the amount of $3,506.00.
PASSED and APPROVED this 16'h day of June, 2015.
ATTEST:
Y:
,. - By: 0a. '4�
O DJ AN, Mayor SONDRA E. SMITH, City Clerk Treasurer
���•.• GST Y p� ••sG%
w
FAYETTEVILLE •';
.end• a aQ �7 r � �
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0262
Agenda Date: 6116/2015 Version: 1 Status: Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 4
BID #15-34 LEIGH EARTHWORKS, LLC
A RESOLUTION TO AWARD BID #15-34 AND AUTHORIZE A CONTRACT WITH LEIGH
EARTHWORKS, LLC OF WINSLOW, ARKANSAS FOR THE FAYETTEVILLE SENIOR
ACTIVITY AND WELLNESS CENTER PARKING LOT EXPANSION PROJECT IN THE
AMOUNT OF $35,063.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT
OF $3,506.00
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 # 15-34 and
authorizes a contract with Leigh Earthworks, LLC of Winslow, Arkansas for the Fayetteville Senior
Activity and Wellness Center parking lot expansion project in the amount of $35,063.00, and further
approves a project contingency in the amount of $3,506.00.
City of Fayetteville, Arkansas Page 1 Printed on 8M&2415
City of Fayetteville Staff Review Form
2015-0262
Legistar File ID
6/1.6/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Carole Jones 5/29/2015 Parks & Recreation /
Parks & Recreation Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a contract with Leigh Earthworks, LLC for Bid #15-34 in the amount of $35,063 plus a project
contingency of $3,506
4470.9470.5315.00
Account Number
14006.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Budget Impact:
Fayetteville Senior Center Parking Lot
Fund
Fayetteville Senior Center Parking Lot
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
$ 57,697.00
$ 302.50
$ 57,394,50-
38,569.00
7,394°5038,569.00
$ :18,825,50
V20140710
Approval Date: ( 0��
CITY OF
i
Tay PITIlle
ARKANSAS
MEETING OF JUNE 16, 20'15
TO: Mayor and City Council
CITY COUNCIL AGENDA MENTO
THRU: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director
Alison Jumper, Park Planning Superintendent
FROM: Carole Jones, Park Planner Il
DATE: May 29, 2015
SUBJECT: Approval of a contract with Leigh Earthworks, LLC for Bid #15-34 in the
amount of $35,063 plus a project contingency of $3,506
RECOMMENDATION:
Approval of a contract with Leigh Earthworks, LLC for Bid #15-34 in the amount of $35,063 plus
a project contingency of $3,506
BACKGROUND:
The Fayetteville Senior Activity and Wellness Center opened in July 2003. The goals of the
center are to help senior Arkansans remain healthy, active, independent and contributing
members of the community as long as possible. The center offers wellness/exercise programs
as well as a wide range of daily activities. They also offer delivered home meals to homebound
seniors through the meals on wheels program.
The center has flourished and become a popular, well -used facility. Senior residents and center
staff have requested additional parking for many years. Parking improvements were identified in
the 2015 Capital Improvement Plan. The project includes the addition of eight new standard
parking spaces and restriping of the existing parking lots at the center. This will result in a total
of 12 additional standard parking spaces and three new motorcycle/scooter spaces. Parking lot
trees and site restoration are also included.
DISCUSSION:
The project was advertised on April 24 and May 1, and bids were opened on May 21, 2015.
Seven vendors submitted bids as shown in the following table:
Bidder
Total Base Bid
Arco Excavation and Paving, Inc.
$69,025.00
Fochtman Enterprises, Inc.
$49,826.00
LJB Construction, Inc.
$48,413.00
C3 Consulting, Inc.
$43,896.00
Sweetser Construction, Inc.
$43,402.50
Tomlinson Asphalt Company, Inc.
$38,732.10
Leigh Earthworks, LLC
$35,063.00
Mailing Address:
113 W. Mountain Street wwwfayetteville-argov
Fayetteville, AR 72701
Leigh Earthworks, LLC was the low bid in the amount of $35,063. (See attached certified bid
tabulation.) If approved, the construction of the project is anticipated to begin in July.
BUDGET/STAFF IMPACT:
This project is funded with Sales Tax Funds. The cost of $35,063 is accounted for in project
number 14006 - Senior Center Parking Improvements.
Attachments:
Bid Submittal — Leigh Earthworks, LLC
Certified Bid Tabulation
Agreement Signed by Contractor
PO Request
City of Fayetteville
Bid 15-34, Construction -- Senior Center Parking Lot Expansion Re -Bid
Bid Form
Contract Name: Bid 15-34, Construction — Senior Center Parking Lot Expansion Re -Bid
Bid Number 15-34
BID TO:
Owner: The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM:
Bidder:
Section 1— Intent:
1
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of Fayetteville
in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract
Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and
conditions of the Contract Documents.
Section 2— Terms & Conditions:
2. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation
those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 180 days after the day of Bid
opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other
documents required by the Bidding Requirements within 15 days after the date of City's Notice of Award.
Section 3— Bidder's Re resentations:
in submitting this Bid, Bidderrepresents, as more fully set forth in the Agreement, that:
A.) Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all
which is hereby acknowledged:
Number
Date
B.) Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect
cost, progress, performance, and furnishing of the Work.
City of Fayetteville, AR
Bid 15-34, Construction —Senior Center Parking Lot Expansion Re -Bid
Page 22 of 29
a. Attachment A: Technical Specifications (Included electronically with FILE 1)
b. Attachment B: Project Drawings (Distributed electronically with FILE 2)
40. ADDITIONAL PROJECT REQUIREMENTS:
a. Bidders shall have experience in providing products and/or services of the same or similar nature for a minimum of
five (5) years.
b. Work shall be completed within thirty (30) calendar days of Notice to Proceed.
c. All work shall be performed between the hours of 7:00 AM and 1.1:00 PM, Monday through Sunday, as allowed by
the Fayetteville Noise Ordinance.
d. All applicable permits will be required; however, fees for City associated permits will be waived.
e. The City will not hold a retainage from payments associated with this project.
f. There will be no liquidated damages associated with this bid.
g. Department of Labor Prevailing Wage Rates will apply on�l rto bids exceeding $75,000.
h. Work shall not start without the acceptance of insurance, performance and payment bonds by the City.
i. Warranty: Contractor shall provide a complete 1 year material. and workmanship warranty beginning from the date
of acceptance by the City.
City of Fayetteville, AR
Bid 15-34, Construction — Senior Center Parking Lot Expansion Re -Bid
Page 21 of 29
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 considerthat any additional examinations, investigations, explorations, tests, studies, or data are necessary for the
determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and
conditions of the Contract Documents.
G.) Bidder is aware of the general nature of work to be performed by City and others at the Site that relates to Work for which this Bid
is submitted as indicated in the Contract Documents.
H.) Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and
drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data
with the Contract Documents.
I.) Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the
Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder.
J.) The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing
and furnishing the Work for which this Bid is submitted.
K.) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not
submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or
indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a
corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder
or over City.
City of Fayetteville, AR
Bid 15-34, Construction —Senior Center Parking Lot Expansion Re -Bid
Page 23 of 29
L.) Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health
Administration (OSHA) Part 1926 — Subpart P — Excavations.
M.) No Bid shall be based upon aggregate of Subcontractors performing more than 60 percent of the total Work.
N.) The experience, past performance, and ability of each proposed Subcontractor will be considered in the evaluation of Bids. Any
Subcontractor so requested shall be required to furnish experience statements prior to the Notice of Awards.
Section 4 —Price:
1
Oa
Mobilization — shall not exceed 5% of bid
LS
1
2
Erosion Control
LS
1
3
Clearing, Grubbing and Demolition
LS
1
4
Curb and Gutter Removal
LF
90
Sd
k
5
Sidewalk Removal
SF
70
6
Undercut and Backfill (as directed)
CY
100
- sd
7
Unclassified Excavation
CY
125
S�
p) '.
8
Subgrade Preparation
SY
220
��
3
9
4" Topsoil Placement
SY
130
5
3 S a
10
Standard Concrete Curb and Gutter
LF
130
11
Sidewalk Handicap Access Ramp
SY
5
°'='
S
12
Sidewalk Underdrain
EA
1
s
13
6" Depth Class 7 Aggregate Base Course .
SY
220
14
Asphalt Concrete Hot Mix Surface Course
SY
160
5 S
®C9
15
Remove and Reinstall Mailbox
EA
1
50
16
4" Thick Concrete Bicycle Parking Pad w/Rack
LS
1
17
Pavement Marking Removal (Handicap
Symbols)
EA
7
1 O
18
Motorcycle/Scooter Parking Sign
EA
3
19
4" Pavement Marking (Paint)
LF
1,350
C� s"
20
12" Crosswalk Pavement Marking (Paint)
LF
50
o
21
Fire Lane Striping (Paint)
LF
500
7s
22
Handicap Pavement Symbol (Paint)
EA
9
t.,�0
23
Tree Protection Fencing
LF
370
24
Parking Lot Trees
EA
8
25
Seeding
SY
130
Total Base Bid
City of Fayetteville, AR
Bid 15-34, Construction — Senior Center Parking Lot Expansion Re -Bid
Page 24 of 29
If Bidder is:
OPTION 1: An Individual
Name (type or printed):
By: (SEAL)
(individual's Signature)
Doing business as:
Business address: -
Phone No.:
OPTION 2: A Partnership
Partnership Name:
By:___
FAX No.:
(Signature of general partner— attach evidence of authority to sign)
Name (type or printed): ////,L .' n f -t4 r r bf kS % 1 C
Business address: /(p 7's?r4o7 d &Dil151tvJ c9
Phone No.: 4- b(77( ( FAX No.: 4- 31 --7a L&
OPTION 3: A Corporation OR LLC
Corporation Name: (SEAL)
Date of Incorporation:
Type (General Business, Professional, Service, Limited Liability):
By:
(Signature — attach evidence of authority to sign)
Name (type or printed):
Title:
(CORPORATE SEAL)
Business address:
Phone No.: FAX No.:
City of Fayetteville, AR
Bid 15-34, Construction —Senior Center Parking Lot Expansion Re -Bid
Page 26 of 29
Section 5— Usting of Subcontractors:
I, the signed General Contractor, certify that proposals from the following subcontractors were used in the preparation of my
proposal. I agree that if I am the successful bidder, and if the following subcontractors are approved by the City, I will not enter into
contracts with others for these divisions of the Work without written approval from the City.
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 bid documents.
B.) Bidder accepts the provisions of the Agreement referring to liquidated damages in the event of failure to complete the Work with
the times specified in the bid document.
Section 7 —Debarment:
A.) 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.
a. Federal Executive Order (E.O.) 125,49 "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.
b. Your signature below 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.
Section 8 —Communications:
A.) Communications concerning this Bid shall be addressed to the Bidder as follows:
�oF»4 ewc1 i n
Phone No. %� Q- ,Z5 /- Zo t
FAX No. gala
Section 9 —SIGNATURE:
A.) This bid is being submitted in good faith, according to the entire bid package presented:
SUBMITTED on this W St Date of l)1ca _ 20
Arkansas State Contractor License No.
City of Fayetteville, AR
Bid 15-34, Construction —Senior Center Parking Lot Expansion Re -Bid
Page 25 of 29
City of Fayetteville
Bid 15-34, Construction — Senior Center Parking Lot Expansion Re -Bid
Vendor References
The following information is required from all Bidders so all bids may be reviewed and properly evaluated.
COMPANY NAME: -F'
BUSINESS ADDRESS: l
NUMBER OF YEARS IN BUSINESS: L.t HOW LONG IN PRESENT LOCATION: W
TOTAL NUMBER OF CURRENT EMPLOYEES: ________� FULL TIME 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 T14E PAST FIVE (5) YEARS IAIIfieldsmust be com leted . Contractors shall have valid experience.
1 r e
COMPANY NAME
CITY, STATE, ZIP
Ytliec
CONTACT PERSON
X179 6ii1- 90«
TELEPHONE
DATE COMPLETE6
E-MAIL ADDRESS
COMPANY NAME
t + 14M
CONTACT PERSON
_7D—q�-o?Dt
TELEPHONE
/g/15
COMPLETED
DATE DATE
j a c()c (p5beo, t, corn
E-MAIL ADDRESS
City of Fayetteville, AR
Bid 15-34, Construction —Senior Center Parking Lot Expansion Re -Bid
Page 27 of 29
2. ... r1 A .Tek!.
COMPANY NAME
4/fie 4< 1Th
CITY, STATE, ZIP
CONTACT PERSON.
TELEPHONE
DATE COMPLETED
_Qfrb4I. 41e1
E-MAIL ADDRESS
4.C ,
COMPANY NAME
Bi+rr! `f LN 7DS'15
CITY, STATE, ZIP
CONTACT PERSON
7&5 -
TELEPHONE
DATE COMPLET D
whorl Se, &C • 11et
E-MAIL ADDRESS
City of Fayetteville
Bid 15-34, Construction — Senior Center Parking Lot Expansion Re -Bid
Contract — Between City and Contractor
This contract executed this !day of 2015, between the City of Fayetteville, Arkansas, and
� 1'nQ
''k tc)i(kf j41. . In consideration of the mutual covenants
containd herein, the parties agree as follows:
1. t its own cost and expense shall furnish all labor, materials, supplies, machinery,
equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to
complete items bid per Bid 15-34 as stated in L'r�ngtrjA- f/i L bid proposal, and in accordance with
specifications attached hereto and made a part hereof under Bid 15-34, all included herein as if spelled out word
for word.
2. The City of Fayetteville shall pay based on their bid proposal in an amount not to exceed
$ Payments will be made after approval and acceptance of work and submission of invoice.
Payments will be made approximately 30 days after receipt of invoice.
3. The 'Contract documents which comprise the contract between the City of Fayetteville and
e1iAc consist of this Contract and the following documents attached hereto, and made a part
hereof:
A. Bid form identified as Invitation to Bid 15-34 with the specifications and conditions typed thereon.
B. blei?JI' bid proposal
C. The Notice to Prospective Bidders and the Bid Tabulation.
4. These Contract documents constitute the entire agreement between the City of Fayetteville and
and may be modified only by a duly executed written instrument signed by the City of
Fayetteville and
5. shall not assign its duties under the terms of this agreement.
6, I1gi4 r,fyo1MS_ agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville,
against any and all claims for property damage, personal injury or death, arising from
performance of this contract. This clause shall not in any form or manner be construed to waive that tort
immunity set forth under Arkansas Law.
7. all furnish a certificate of insurance addressed to the City of Fayetteville, showing that he
carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet,
the contractor shall require the subcontractor similarly to provide worker's compensation insurance. Incase any
employee engaged in work on the project under this contract is not protected under Worker's Compensation
Insurance, shall provide and shall cause each Subcontractor to provide adequate employer's
liability insurance for the,protection of such of his employees as are not otherwise protected.
Workmen's Compensation Statutory Amount
City of Fayetteville, AR
Bid 15-34, Construction — Senior Center Parking Lot Expansion Re -Bid
Page 28 of 29
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as ' • PAY z9
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TO THE
ORDER OF CITY OP FAYETTEVILLE
VOID AETE '90 DAYS
BID 15-34
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• 05,+0110Facin9M—
CITY OF
City of Fayetteville, AR
Bid 15-34, Construction — Senior Center Parking Lot Expansion Re -Bid
PV� P Vendor: Leigh Earthworks. LLC
�r �+ Terms: Single Project
ARKANSAS
This contract executed this jIj. day of 2015, between the City of Fayetteville, Arkansas, and Lei
Earthworks. LLC. In consideration of the mutual covenants contained herein, the parties agree as follows:
Leigh Earthworks. LLC at its own cost and expense shall furnish all labor, materials, supplies, machinery,
equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to
complete items bid per Bid 15-34 as stated in Leigh Earthworks. LLC_ bid proposal, and in accordance with
specifications attached hereto and made a part hereof under Bid 15-34, all included herein as if spelled out word
for word.
2. The City of Fayetteville shall pay Leigh Earthworks, LLC based on their bid proposal in an amount not to exceed
$35.063. Payments will be made after approval and acceptance of work and submission of invoice. Payments will
be made approximately 30 days after receipt of invoice.
3. The Contract documents which comprise the contract between the City of Fayetteville and Leigh Earthworks. LLC
consist of this Contract and the following documents attached hereto, and made a part hereof:
A. Bid form identified as Invitation to Bid 15-34 with the specifications and conditions typed thereon.
B. Leigh Earthworks. LLC bid proposal.
C. The Notice to Prospective Bidders and the Bid Tabulation.
4. These Contract documents constitute the entire agreement between the City of Fayetteville and Leigh
Earthworks. LLC and may be modified only by a duly executed written instrument signed by the City of Fayetteville
and Leigh Earthworks LLC.
5. Leigh Earthworks, LLC shall not assign its duties under the terms of this agreement.
6. Leigh Earthworks. LLC agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville,
against any and all claims for property damage, personal injury or death, arising from Leigh Earthworks, LLC
performance of this contract. This clause shall not in any form or manner be construed to waive that tort
immunity set forth under Arkansas Law.
7. Leigh Earthworks, LLC shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he
carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet,
the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any
employee engaged in work on the project under this contract is not protected under Worker's Compensation
Insurance, Leigh Earthworks, LLC shall provide and shall cause each Subcontractor to provide adequate employer's
liability insurance for the protection of such of his employees as are not otherwise protected.
City of Fayetteville, AR
Bid 15-34, Construction — Senior Center Parking Lot Expansion Re -Bid
Page 1 of 2
Workmen's Compensation
Comprehensive General &
Automobile Insurance
Bodily Injury Liability
Property Damage Liability
Statutory Amount
$500,000 for each person injured.
$1,000,000 for each accident.
$1,000,000 aggregate.
The premiums for all insurance and the bond required herein shall be paid by Leigh Earthworks LLC.
S. Leigh Earthworks, LLCto furnish proof of licensure as required by all local and state agencies.
9. This contract may be terminated by the City of Fayetteville or Leigh Earthworks LLC with 30 days written notice.
10. This project shall be completed within 30 calendar days from issue date of Notice to Proceed.
11. Liquidated Damages: N/A
12. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act
request is presented to the City of Fayetteville, the contractor will do everything possible to provide the
documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-
19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this
compliance.
13. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall
not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, cost or fees.
WITNESS OUR HANDS THIS_DAY OF 2015.
CONTRACTOR
By: ilt cL- li,//,rtlL
Signature
Printed Contractor Name & Title
/s 2i
ATTEST (Signature)
Company Secretary (Printed Name)
Business Address
14T€4 Swt 'd
City, State & Zip Code (t iv'$la&, 179459
Date Signed: �P /5
City of Fayetteville, AR
Bid 15-34, Construction — Senior Center Parking Lot Expansion Re -Bid
Page 2 of 2
r
ATTEST: (Signature) •iui�liyr
Sondra Smith, City Clerk
Date Signed: —/J -/5
'u,
•`SG .�
FAYETTEVILLE'#
•
' - City of, Fayetteville -'Purchase Order:'Request.(PO)
a :
5128 120 1 8
(Nat a Pu�GhaSC Orpen -
All P0 Requests shall be scanned to disc Purchasing e-mail:-Purchasing@faayetteville-ar.gov.
;Purchase shall not be made until an actual PO has been issued. - -
EMail
Vendor
25621
Vendor
Leigh Earthworks, LLCS
NoLegfstar#.
#r
Name:
zni 5^02132
F Point:
Expected Delivery Date:
Address: 16726 Sunset Road
l+ Yes rho
Zip Code: Ship to code:
Quotes Attached
City: Winslow
State: AR
72959
Ryes r:r.
Requesters Employee is:
Extension:
Requester Carole Jones -
3003
3472
Item
Description
Quantity
Unit of Issue
Unit Cost
Extended Cost
Account Number
Project.Sub#
Inventory #
Fixed Asset #
1
Construction -Senior Center Parking.
I
LS
$35,063.00
$35,065.00
4470.9470.6316.00
14006,1
Lot Improvements per Bid #15-34
2
$0.00
3
$0.00
4
$0.00
5
$0.00
S
$0.00
7
$0.00
B
$0.00
8
$0.00
10
$0.00
•
Shipping/Handling
Lot
$0.00
Special ns ru one:
Taxis included, Subtotal: $35,063.00
Tax: $0.00
Total: $36,063.00
Approvals:
Mayor: Department Director: • Purchasing Manager
Chief Financial Officer: Budget Director: IT Director:
Dispatch Manager: Utilities Manager. Other:
oe.a-e,xananme
IIII II 0III I0II lOll 00 1101101 III I I II i II IIII 00
Doc ID: 016309660003 Type: LIE
Kind: PERFORMANCE BOND
Recorded: 06/24/2015 at 12:23:19 PM
Fee Amt: $25.00 Pape 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
FileB033-00000278
PERFORMANCE BOND
Bond Number: 6243984
KNOW ALL PERSONS BY THESE PRESENTS, That we . Leigh Earthworks, LLC
of
16726 Sunset Road, Winslow AR 72959 , hereinafter
referred to as the Principal, and
WESTERN SURETY COMPANY
as Surety, are held and firmly bound unto City of Fayetteville
, hereinafter
referred to as the Obligee, in the sum of Thirty Five Thousand Sixty Three and 001100
Dollars ($35, 063.00 ), for the payment of which we bind ourselves, our legal representatives, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee, dated the 16th day of June
2015 ,for Senior Center Parking Lot Expansion
NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless
the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null
and void; otherwise it shall remain in full force and effect.
ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after
Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the
Obligee named herein or the heirs, executors, administrators or successors of the Obligee.
SIGNED, SEALED AND DATED this_ 23rd day of - — June 2015 ..
Leigh Earthworks, LLC
(Principal)
By 1GGI (Seal)
WESTERN SURETY
(SurP&6-'Y--
A r�J By - rey Nichole Peters Attorn a�
SEAL
Form F4597 ` '
PAYMENT BOND
Bond Number: 62439848
KNOW ALL PERSONS BY THESE PRESENTS, That we Leigh Earthworks LLC
of
sunset Road, Winslow, 72959 hereinafter
referred to as the Principal, and
WESTERN SURETY COMPANY
as Surety, are held and firmly bound unto city of Fayetteville
, hereinafter
referred to as the Obligee, in the sum of Thirty Five Thousand Sixty Three and 00/100
Dollars ($ 35, 063.00 ), 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 16th day of
2015 ,for Senior Center Parkin Lot Expansion
copy of which contract is by reference made a part hereof.
June
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
Form F8578
23rd day of
June 2015
Leigh Earthwar..,_ LI,C.
((PPiinciipal)
alBy 222ii (Seal)
WESTERN SURETY COMPANY
(Surety)
t 4i '17By Ate ey Nichole Peters Attorr
SFAS+
Western Sure Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 62439848
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 Audrey Nichole Peters
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: Leigh Earthworks, LLC
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 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 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 November 13th
2015 , 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
its coxporat s,q 1 to be affixed this .23rd_ day of June , 2015
WES SUR Y COMPANY
Paul T rutlat, Vice President
SiA CFSO,U,7H D2 C3'PA
cOu,,�1]IAHA
On this 23rd day of - June , in the year 2 015 _, 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
WESTEE.N SURETYCOMPANYand acknowledged said instrument to be the voluntary act and deed o said core tion.
S. PETRIK
da/NOTARY PUBLIC S a
SOUTH DAKOTA1,1 Notary ublic - South Dakota
+l'�,,
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 23rd day of
June 2015 .
WES R/ SURE Y COMPANY
G�
Form F5306-8-2012 Paul T ruflat, Vice President
06/02/2015 10:03 4797560177
JOE ER714N It ,i 1R4CE
Adr'd')km f%IL I'Ir ir' RTC P l I I A nil t'r►r Ilk i &I aw A ILRa�
PAGE 02f12
DATAIM MLrff y
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612/2015
THIS CERTIFICATE 15 ISSUED AS P. MA=TER OF INFORMATION ONLY AND CONFERS NO RIC MTS UPON THE CERT}FIGATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND Ott ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF WJ URANGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUIN( IN$URER(S), AUTHORIZED
REPRESENTATNE OR PRODUCER AND THE CERTIFICATE HOLDER,
IMPORTANT: If the eardficate holder 1g an Auurrn)NAL I$$UREO, the pollcyIIocl must be enpOr,"d. If SUDIiOGAT1ON IS WAIVED, subject to
the terms and eondIUon:, of m poHey, certain policies may roquitan endQi entent, A otatemeni on this certffcalte om not confer nights to the
eertIfIcate hOlNel In lieu of such endorsomo n(B),
PRODUCER
TOE BROWN INS AGENCY INC
1177 West 9 zet #4
Spr�ingdala, 7R 72764
NA1JE: ANDY LANKF0RD
PH (479) 756-6799 wa,l , (479j 75fs-0177
ADGRCss:and last] fond@aal.00m
R"RSRra1 AFFUMM COVERAGE
w1 Cr
INSl1ER : FIRST CCM APEX
INsvnrD LEIGH EARTHWORKS LLC
ONDA DEVORE
16726 SUNSET RD
WIHSLCM r A 7259
INSURER B ; ESSEX MED JAMES
INSURER C:
INSURERo:
INSURER E:
INSURER F :
IiVVr[ALSr1F IF A1I NI IMHt-14' 0MnQlfllU All e1 Q D.
THIS IS TO CERTIFY THAT THE POLICIES OF (INSURANCE LISTED BELOW HAVE DO -EN ISSUEt) TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTVINTHSTAS�DINC ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR TRAY PERTAIN, THE ASURANCE AFFORDED I Y THE POLICIES DESCRIBED HEREIN IS SIJBJi<CT TO ALL TI{F TERMS,
EXCLL)BIONSAND GCINEITIONS OF SUCH POLICIES, L11MITSSHOWN MAY HAVE BEEN REDUCED BY PAID CIA u S.
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, $ 1 r�00 r 0000
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OWNER IIS EXCLUDED
CITY OF FAYETTEVILLE SHouLn ANY OF THE A&)VE LIESGRIBED POLICIES BE CANCELLED REPORE
17.3 7i Wr WTAr THE EXF1RATION OPTS -lHLRLO NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY P VISIONS
FAYE'1`TEV 1jjE AR 72701 ,
AUTHORIZED REPRES nr
il8 44 ACdRD C F` RA ON- All rights reserved,
ACORDT5(20-t4IDi) The ACORG name anti In afe r t4t�re0 merlin of AG D
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY)
5120115
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(iea) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and
conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of
such endorsement(s).
PRODUCER CONTACT
NAME: Molloy Lorenzen
Brant Barnes -Shelter Insurance PHONE FAX
16 E. Spring St (AIC. No. Est): 479-443-2521 (A/C. No): 479-443.427 -
-Fayetteville, AR 72701 E-MAIL
ADDRESS: BBarnesqRSheiterinsurance.com
INSURER(S) AFFORDING COVERAGE NAIC f
INSURED INSURER A: Shelter Insurance _
Leigh Earthworks LLC INSURER B: United Specialty Insurance Com paw
16726 Sunset Rd INSURER C:
Winslow, AR 72959 INSURER D:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
TtitS 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.
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TYPE OF INSURANCE
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O511312016
EACH OCCURRENCE
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DAMAGE TO RENTED PREMISES
Eaoccurronce
$ 100.000_
MED EXP LMi ooe person)
5
PERSONAL & A1]V INJURY
$ -- i OOO_DDO
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GENERAL AGGREGATE
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AUTOMOBILE
LIABILITY
ANY AUTO
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AUTOS x AUTOS
NON -OWNED
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X
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512E115
111282O15
COMBINED SINGLE LIMIT
(Easddent)
S 1,000.000
BODILY INJURY Per arson
$
$
BODILY INJURY Peraccidenl
PROPERTY DAMAGE Per accident
$
S
O511312O15
05113!2O16
_....
EACH OCCURRENCE
$ 1.000.000
AGGREGATE
$ 1.000.000
DED RETENTION S
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICE RIMEMBER EXCLUDED?
(Mandatory In NH)
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DESCRIPTIONS OF OPERATIONS below
S
WC STATU-
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_____
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S
$
E.L. DISEASE -EA EMPLOYEE
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DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required)
Project Sight:Wesl Fork School District
Baldwin & Shell Construction Compnay & Project owner (s) are included as Additional insued under the Auto Liabilty and Additional
Insured under the General Liability for both"Ongoing Operations"per ISO CG2010 AND "ProduceslCompleted Operations"per ISO CG2037 or
using an endorsement providing equivalent coverage to additional insured's and are attached as required by written contract Coverage is
Primary & Non-Contributory.A waiver of subrogation in favor of Baldwin & Shell Construction Company & Project Owner (s) applies to the
Auto Liability,General Liability and Umbrella Liability policies as required by written contract.
CERTIFICATE HOLDER CANCELLATION
City or Fayetteville
113W Mountain St
Fayetteville, AR 72701
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
0 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
\1J wo JLDQY 9
City of Fayetteville Staff Review Form
2015-0421
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Alison Jumper
Submitted By
9/2/2015 Parks & Recreation /
Parks & Recreation Department
Submitted Date Division / Department
Action Recommendation:
Approval of Change Order # 2 for ten additional days to Contract #2367 with Leigh Earthworks, LLC for Walker Park
Senior Center Parking Improvements
4470.9470.5315.00
Account Number
14006.1
Project Number
Budgeted Item? Yes
Does item have a cost? No
Budget Adjustment Attached? NA
Previous Ordinance or Resolution # I D ' Lb
Original Contract Number: 2367
Comments:
Budget Impact:
Fayetteville Senior Center Parking Lot
Fund
Fayetteville Senior Center Parking Lot
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 57,697.00
$ 50, 728.00
$ 6,969.00
$
I $ 6,969.00
V20140710
Approval Date: �I2hY vt 1r){S
4.,.
CITY OF
Feele
ARKANSAS
TO: Mayor, Lioneld Jordan
THRU: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director
FROM: Alison Jumper, Park Planning Superintendent
STAFF MEMO
DATE: September 1, 2015
SUBJECT: Approval of Change Order # 2 for ten additional days to Contract #2367
with Leigh Earthworks, LLC for Walker Park Senior Center Parking
Improvements
RECOMMENDATION:
Approval of Change Order #2 to Contract #2367 with Leigh Earthworks, LLC resulting from Bid
#15-34. The change order is for ten (10) additional days.
BACKGROUND:
The Fayetteville Senior Activity and Wellness Center opened in July 2003. The goals of the
center are to help senior Arkansans remain healthy, active, independent and contributing
members of the community as long as possible. The center offers wellness/exercise programs
as well as a wide range of daily activities. They also offer delivered home meals to homebound
seniors through the meals -on -wheels program.
The center has flourished and become a popular, well -used facility. Senior residents and staff
have requested additional parking for many years. Parking improvements were identified in the
2015 Capital Improvement Plan. The project includes the addition of eight new standard parking
spaces and restriping of the existing parking lots at the center. This will result in a total of 12
additional standard parking spaces and three new motorcycle/scooter spaces. Parking lot trees
and site restoration are also included.
DISCUSSION:
Approval of the change order is necessary to allow time for City Council approval of Change
Order #1, to correct existing ADA parking spaces. The contractors were not allowed to proceed
with that portion of work until the City Council approved the change order. Ten additional days
will be added to the completion date, making final completion on or before September 21, 2015.
BUDGET/STAFF IMPACT:
None.
Attachments:
Change Order #2
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
•
a e eve e
�ARKAI�ISA5
THE CITY OF FAYETTEVILLE, ARKANSAS
' . PARKS AND RECREATION DEPARTMENT
r },, 113 West Mounlam
Fayetteville, AN 72101
P1479)444-3471 F 14.79) 521.7714
CHANGE ORDER NO. 2 Cost Plus Pre -Agreed Unit Price x
Project Name and Number: Bid 1534 Construction Senior Center Parking Lot -re -bid
Name of Contractor: Leigh Earthworks
Address of Contractor: 16726 Sunset Rd. Winslow AR 72959
Date of Contract: June 16.2015
6 20 5
Original Contract Sum: V 35,063.00
Total Amount of All Previous Approved Change Orders: 1 5,362.00
Contract Sum prior to this Change Order: $ 50.425.00
Contract Sum increase this Change Order:
New Contract Sum including this Change Order: S .50.425.00
Subject and Reaso or this Chan a er: Rain Days and Time for Council Approval of C.O.p 1,
Additional Time Requested: 10 Calendar Days
Dated this 27th day of August 2015
CITY OF FAYETTEVILLE
Parks Recreation Department
By:
Alison umper, Park Planning Su rintendent
.,'ys.•• KAN••Go``�4
Leigh Earthworks, Inc.
Contractors, '
, '
By: �f }am , ��� t; ,�}am ['".
Title: �%�'y._
1
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