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HomeMy WebLinkAbout41-16 RESOLUTION1 13 West Mountain Streel Fayetteville, AR 72701 (479) 575-8323 Resolutioni 41-16 File Numberi 2016-0024 FRANK SHARUM LANDSCAPE DESIGN, INC.: A RESOLUTION TO AWARD BTD #16-17 AND AUTHORIZE A CONTRACT WITH FRANK SHARUM LANDSCAPE DESIGN, INC. IN THE AMOUNT OF $148,743.00 FOR THE INSTALLATION OF TREES AND SHRUBS WITHIN THE MEDIANS OF CROSSOVER ROAD AND VAN ASCHE DRIVE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOLTNT OF $15,OOO.OO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section !: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #16-17 and authorizes a contract with Frank Sharum Landscape Design, Inc. in the amount of $148,753.00 for the installation of trees and shrubs within the medians of Crossover Road (between Township Avenue and the northern City limits at Ivey Lane) and Van Asche Drive (between Garland Avenue and Gregg Street), and further approves a project contingency in the amount of $15,000.00. PASSED and APPROVED on 2/2/2016 -"rill!lÍi¡;¡'' -+')îï"'.I3 ça';',,, **1q"'L\1Y or""1.:: 'i 6L' ãoi,orr.t .ou'l , i.3Attest: "--.li:lnn,-É":*ì*** ?Pk-,:. .ol.'':.*''"u Å-ra^ ¿- fu"'ai'{!ii;;l'\'c' Sondra E. Smith, City Clerk Treasurer Page 1 Pilnted on A3n6 ,@ City of Fayetteville, Arkansas Text File Fife Number:.2016-0024 1 13 West Mounta¡n Street Fayetteville, AR 72701 (479) 575-8323 Agenda Date:21212016 ln Control: City Council Meeting Agenda Number: A. 1 1 Version: 1 Status: Passed File Type: Resolution FRANK SHARUM LANDSCAPE DESIGN, INC.: A RESOLUTION TO AWARD BID #16-17 AND AUTHORIZE A CONTRACT WITH FRANK SHARUM LANDSCAPE DESIGN, INC. IN THE AMOLTNT OF $148,743.00 FOR THE INSTALLATION OF TREES AND SHRUBS V/ITHIN THE MEDIANS OF CROSSOVER ROAD AND VAN ASCHE DRIVE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT oF $15,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARK,ANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #16-17 and authorizes a contract with Frank Sharum Landscape Design, Inc. in the amount of $148,753.00 for the installation of trees and shrubs within the medians of Crossover Road (between Township Avenue and the northern City limits at Ivey Lane) and Van Asche Drive (between Garland Avenue and Gregg Street), and further approves a project contingency in the amount of $15,000.00. City oî Fayetleville, Arkansas Page 1 Printed on 23/2016 City of Fayetteville Staff Review Form ?f}'å ñ_du3?Æ Le6istar fçle 1r3 æfæ"få#Le City Council Meeting Date - Agenda ltem Only N/A for Non-Agenda ltem Chris Brown 1./13/2015 Engineering / Development Services Depa rtment Submitted Date Division / DepartmentSubmitted By Action Recommendation : Awarding a construction contract in the amount of 5148,743.00 to Frank Sharum Landscape Design, lnc. for the installation of trees and shrubs within the median of Crossover Road and Van Asche Drive(Bid #16-17) and approval of a project contingency of S15,000.00. Budget lmpact: 4520.9555.5s09.00 and 4470.9470.5809.00 4520-sales Tax Construction Bond and 4470 cap lmprovement Const Fu nd Tra nsportation Bond Street I m provements/ Crossover Road Street lmprovements Account Number 06035.2000 and 06035.2500 Project Number Budgeted ltem? Yes Does item have a cost? Yes Budget Adjustment Attached? No Project Title Current Budget S +99,785.00 Funds Obligated S 205,001.24 Current Balance Item Cost S 163,743.00 Budget Adjustment Remaining Budget v201 4071 0 Previous Ordinance or Resolution # Original Contract N umber: Comments: Approvalr"r"tW MEETING OF TO: THRU: FROM: DATE: SUBJEGT: CITY COUNCIL AGTNÐA MEMO FEBRUARY 2,2016 Mayor and City Council Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer Alan Pugh, Staff Engineer January 13,2016 Awarding a construction contract in the amount o19148,743.00 to Frank Sharum Landscape Design, lnc. for the installation of trees and shrubs within the median of Crossover Road and Van Asche Drive(Bid #16-171and approval of a project contingency of $15,000.00. RECOMMENDATION: Staff recommends Awarding a construction contract in the amount of $148,743.00 to Frank Sharum Landscape Design, lnc. forthe installation of trees and shrubs within the median of Crossover Road and Van Asche Drive(Bid #16-17) and approval of a project contingency of $15,000.00 BACKGROUND: ln 2007 the City Council approved the cross section for Crossover Road, Highway 265, between Township Ave and the northern City Limits at lvey Lane. The approved cross section included a raised center median with intermittent turn lanes included at critical intersections. The ultimate approval of this cross section included much debate between including a raised center median or a continuous five-lane section with center turn lane. A review of the meeting minutes, drawings, fìgures and presentations do not provide a clear indication of whether the median was to include trees. Regardless of the outcome of this research, the Council did not appropriate funds for tree planting during the original approval process or in subsequent budgets and trees were not planted during the construction of the project. The City now desires to enhance the urban environment while increasing the aesthetics of the center median and aiding to calm traffic through the installation of trees and shrubs within the median islands. Last year, the Transportation Committee recommended that staff prepare plans and receive bids for installation of trees on both Crossover Road, between Joyce Blvd and lvey Lane, and for Van Asche Drive between Garland Ave and Greg Street. DISCUSSION: On January 13, 2016 the City received one (1) valid construction bid in the amount of $148,743.00. For comparison purposes, the estimate for tree installation excluding contingency was $248,182.00. The bid was submitted by Frank Sharum Landscape Design who, based on the information provided, is a responsible bidder and appears to be capable of Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 rrvwwf ayettevi I le -a r. gov performing the work. The award will be contingent on the low bidder providing all of the required insurance and bonds in order to enter into a contract to complete the project. A portion of the remaining funds will be utilized to reimburse the Water Department for work performed setting water meters and providing conduits to the medians in order for the contractor to install the irrigation system. BUDGET/STAFF lMPAGT: The Transportation Bond Program and the Capital lmprovement Construction Fund are the proposed sources for funding this project. The portion of the project that includes tree and shrub planting on Crossover Road is proposed to utilize Transportation bonds while the portion occurring on Van Asche is proposed to utilize Capital lmprovement funds. The Staff Review Form indicates the current balance in these funds and the obligations associated with the funds. The total amount obligated for the construction contract is $163,743.00 which includes the contingency. Attachments: Bid Tab Construction Contract Vendor #: City of Fayetteville - Purchase Order Request (PO) (Not a Purchase Order) Al¡ Þ9 nequesæ shãll be scannéd to ihô Purchàsing.e.mait:. eurchasing@fayêüevllle.ar.gov.. Purchase shal! not be made until an àctrial PO'Èas been lssued; l Address: P.O. Box 6524 Cityi ìequester Item 2194¡ì 1 Description 2 lrossover Phase ll Trees & Shrubs Fort Smt¡h úan Asche Trees and Shrubs J Vendor Name: 4 5 6 7 Quantity I State: Frank Sharum Landscape Design 1 Unit of lssue ı 1 10 Unit Cost AR 1 05,625.00 ApproveÍS: 43,1 18.00 -uÞ Po¡nl: Extended Cost Shipping/Handling Mayor: $r05,625.00 fequtstüon ¡\o Chìsf Financial Off¡cer: 72906 $43,1't 8.00 Reqüestefs ËmFloyee #: -.u Numoet Dispatch Manager: Ship to code: vrdiltvçs Mruo $0.00 Account Number 4520.9555.5809.00 r:axa9re Eves Eruo s0.00 4¡170.9470.5809.00 QUOIeS AnaChed Eves E ¡¡o $0.00 Extension: $0.00 Lot 1t't3t2016 s0.00 Proiect.Sub# Leglstar*: 2016-0024 90.00 06035.2000 Expected Delivery Date: $0.00 06035.2500 $0.00 lnventorv # 50.00 Budget Director: Fixéd Asset # Utilities Mànagen : $148,743.00 $148,743,00 Purchas¡ng Manager lT Directo¡; Otfisi: åçù Rlauarruf rI{tS AGREEMENT is -d_a1e{ as 9lgt"=K.¿^v gt ,=í=ægfH\-Ëþ theyear20þby and DOC{JMENT O(}5O() _ AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: Crossover Road Phase trI and Van Asche Drive Tree Planting Contract No.: betweenTheCityofFayettevilIe,Arkansasàî-ffi(hereinaftercalled contractor). Lcndscape Design ARTICLE 1- WORK 1.01 Contractor shall complete all Worlc as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The installation of approximat ely 223r'ree, *d/6 sh¡ubs on Crossover Road as weil as approximately 62r'nees and l0r'shrubs on Van Asche Drive per the planting details along with the required irrigation systems for each location. The Contract includes work in AHTD Right-oÈway and rvork ín City of Fayetteville Right-of- way. Refer to Section 00400-8id Form for quantities: ARTICLE 2 - ENGINEER 2.41 The Contract Documents have been prepared by TFIE CITY OF FAYET-IEVILLE Engineering Division and assumes all duties and responsibilities, and has the rights and authority assigned to TIIE CITY OF FAYETTEVILLE in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 00500 Agreement 00500 - 1 06035.2000 DOCUMENT û0500 - AGREEMENT (continued) ARTICLE 3. CONTR,A.CT TIME 3.01 TiME OF TÍIE ESSENCE: AII time limits for milestones, if any, Substantial Completion, and completion dnd readiness for final payment as stated in the Contract Dooûments-are of the- essence-of,-the- Contract. 3.02 DATES FOR STIBSTANTTAL COMPLETION AND FINAL PATM-ENT: A. The Work will be Substantially Completed within 60 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within þ calendar days after the date lvhen the Contract Times commence to run. 3.03 LIOUIDATED DAMAGES: A. Owner a¡d Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss ifthe V/ork is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by T'lre City of Fayetteville if the Worlc is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The Cþ of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Two Hundred Fifty Dollars ($250.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Vy'ork is Substantially Complete. After Substantial Completion, if Conhactor shall neglect, refuse, or fail to complete the remaining \Vorl< within the time speeified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereofgranted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Two A. 00500 Agreement 00500 - 2 06035.2000 DÛCIIMENT 00500 -AGREEMENT (continued) Hundred Fify Dollars ($250.00) for each calenda¡ day that expires after the time specified for completion and readiness for frnal payment. ARTICLE 4 - CONTRACT PRICE 4.01 4.02 The CITY OF FAYETTEVILLE agrees to pay, a¡d the CONTRACTOR agrees to ãCðept, ûs fuli ãnd finài cômþénJäiiôn for all work done undei this agreement, the amount based on the prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in Iawful money of the United States at the time and in the manner set forth in the Specifications. As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. Changes, modifications, or amendments in scope, price or fees to this conhact shall not be allowed without a prior formal conüact amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 4.03 ARTICLE 5 - PAYMENT PROCEDUBES 5.OI SUBMITTAL AND PROCESSING OFPAYMENTS: A. Conhactor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment rvill be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS. RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on tlre basis of Contractor's Applications for Payment as recommended by Engineer, on or about the l5th day of each month during construction. All such payments rvill be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price 00500 Agreement 00500 - 3 0603s.2000 ÐOCUMENT 00500 -,A,GREEMENT (continued) V/ork based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. l. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate ofpayments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the cha¡acter and progress of the'Work have been satisfactory to The City of Fayetteville and Engineer, The Cþ of Fayetteville on recommendation of Engineer, rnay determine that as long as the cha¡acter and progress of the Work subsequently rernain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equalto 100% of the Work Completed less the aggegate of payments previously made; and 100% of Equipment a¡d Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. Upon Substantial Completion, The City ofFayetteville shall pay an amount sufficient to increase total payments to Contactor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall deter¡nine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. ) 00500 Agreement 00500 - 4 06035.2000 DOCUMENT 005.!0 - AGITEEMENT' (continued) 5.03 FINAI PAYMENT: A. Upon final completion and acceptance of the V/ork in acÇordance with the GENERAL CONDITTONS, The City of Fayetteville shall pay the remainder of the Contract Price as recoûrmended by Engineer and as provided in the GENERAL CONDITTONS. Á$TICLE 6 - CONTRACIpR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Confractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited thc Site and become familiar with and is satisfied as to the general, Iocal, ard Site conditions that may affect cost progress, performance, and fumishing of tlre Work. C. Contractor is fa:niliar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performauce, and furnishing of the Worlc. D. 'Conhactor has carefully studied all: (1) Reports ofexplorations and tests ofsubsurface conditions at or contiguous to the Site and all drar.vings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; arrd (2) Reports and drawings of a Hazardous Environrnental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or itrdicated 00500 Agreement 00500 - 5 06035.2000 DOCI]MENT 00500 - AGREEMENT (continued) in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contactor has obtained and carefrrlly studied (or assumes responsibility of having done so) all such additional supplementary examinations, (surface, subsurface, and Underground Facilities) at or contiguous to the Site or other.wise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures ofconshuction to be employed by Contractor and safety precautions and programs incident thereto. F. Contactor does not consider that any additional examinations, investigations, explorations, tests, sildies, or data are necessary for the performing and fi:mishing of the Work at the Contract Price, within the Contract Times, and in accordance rvitlr the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City ofFayetteville and others at the Site that relates to the Work as indicated ín the Contract Documents. H. Conbactor 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. I. Conhactor has given Engineer written notiee of all conflicts, erïors, ambiguities, or discrepancies that Contractor has discovered in the Conhact Documents and the written resolution thereof by Engineer is acceptable to Confractor. 00500 Agreement 00500 - 6 0603s.2000 ÐOCUMENT 00500 - AGREEMENT (continued) J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and firrnishing of the Work. ARTICLE 7 - CONTRACT DOCUMtrNTS 7:OI - - -CONTENTSI A. The Contrast Documents which comprise the entire Agreement between The CiËy of Fayetteville and Contractor concerning the Worl< consist of the following and may only be amended, modif,red, or supplemented as provided in the GENERAL CONDITIONS: i. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and oflrer Bonds. 4. General Conditions. 5. Supplementary Conditions, 6. Specifications consisting of divisions and sections as listed in table of contents of Pro.ject Manual. 00500 Agreement 00500 - 7 06035.2000 DOCUMENT 00500 - AGREEMENT (continuerl) 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: CROSSO\TER ROAD TREE PI/ANTING PHASE I1 JOYCE BLVD TO TVEY. LANE VAN ASCHE DRIVtr TRDD PLANTING _ GARLAND A\rE TO GRDGG A\¿E 8. Addenda nu*b"rs-!_1l . inclusive. 9. Tlre following which may be delivered or issued afterthe Effective Date of the Agreement and are not attached hereto: All Written Amendments a¡rd other documents amending, modi$ing, or supplementing tle Confract Documents pursuânt to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings srated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a parfy hereto of any rights under or interests in the Contract Documents will be binding on another parly hereto without the written consent of the parfy souglrt 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 tftis restriction may be limited by Larv), and unless specifically stated to the conhary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 00500 Agreement 00500 - I 06035.2000 ÐOCUMENT 00500 - AGREEMENT (continued) 8.03 SUCCESSORS AND ASSIGNS : The City of Fayetteville a¡d Contractor each binds liimsel{ his parfners, successors, assigns, and legal representatives to the other party hereto, its partners, sucsessors, assigns, and legal representatives in respect to all covenants, agreements, and oblÍgations contained in the Contract Documents. SEVER,ABILITY: A. Any provision or part of the Conhact Documents held to be void or unenfo¡ceable under any Law or Regulation shall be deemed stricken, ar¡d all remaining provisions shall.continue,to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the shicken provision. FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contoactual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to flre 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 auflrorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.06 LIENS: A. No liens against this construction project are allowed, A¡lcansas lalv (A.C.A. $$18-44-501 tlrough 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arl<ansas law requires and the contractor promises to provide and file with the Circuit Clerlc of Washington County a boud in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an actíon for A. 8.04 8.05 00500 Agreement 00500 - 9 06035.2000 DOC{JMENT 00500 -,A.GREEMENT (continued) non-payment or labor or material on the bond. The conhactor promises to notiff every subcontractor a¡d materials supplier for this project of this paragraph a¡d obtain their written acknowledgement of such notice prior to conrmencement of the work of the subcontractor or materials supplier. in quadruplicate. One counterpart each has been delivered to Contactor and Engineer. Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by Tlre City of Fayetteville and Conhactor or identified by Engineer on thet behalf, P.o. Box þ544 trl-.Sm;lå,qR rlaqDþ ïris Agreement will be effective * RøVf¡O-nf  , . 2d\which is the Effective Date of the Agreement. CONTRACTOR ritle: fflüJÀ}/U (SEAL) Address for giving notices /tAh CJ¿.Á J¡u¿'¿-"-t¿tzl "-**it'trl'A*--ìn |ltflitl rRvrflEVlLLt:' 3 '--ø#,fffifs" o**, /ofdnn â. &,å/ Address for giving notices 00500 Agreement 00500 - 10 06035.2000 DOCIJMENT 00500 - AGREEMENT (continued) License No. ooCI l-lìLo Oq I [a- '' (If Coniractor is a corporation, 'attashevidènce of authority to sign,) ET{D OF DOCUMENT OO5OO (aftach evidence ofauthority to sign and resolution or other documents a¡rth,orþ¡¡rg _qI g!t!!o-t o_{ AeLe gm,e,ql) _ 00500 Agreement Approvedr{s to Form: 00500 - 1 r 06035.2000 ,{rka'sas Secretary of slate Clurlie Daniel' 'Brsiness ard Corm¡e... htþ://u'rvu'.sosrve_b.51aF.ar.us/corps/search corps.php?DETAn '=... Text+lTeXt_ BUSTNESS AND CO1VTMERCIAL [UCC) SERVICES :Et' ir::i ¡il f,¡,fijl Searcn lncorporations, Cooperatives, Banks and lnsurance Companies Pnntcl:f¡r-en-dlv-V-çr-sisn i:oiierviıeöiproıãäsıóätãıtthäS-è-ú:È.!Aïy-0-L--sleqs-eJ¡s9: Corporation Name Fictitious Names Filing # Filing.Type Filed under Act Status Principal Address Reg. Agent Agent Address Date Fìled Officers FRANK SIiARUM LANDSCAPE DESIGN. INC. N/A 1 00095966 For Profit GorPoration Dom Bus Corp; 958 of 1987 Good Standing FRANK SI-IARUM HIGIjWAY 71 SOUTH FORT SMITIJ, AR 72903 04t0711992 FRANK SHARUM , Presidenl JAtIA SHARUM , Secretary JAlrlA SHARUM , Treasurer THOMAS F F{ANKINS , Tax PreParer NIiAForeign Name Foreign Address State of Origin purchase a certificate of Pay Franchise Tax for thÎs corp-oration -Ç. -s.o-d -$tan.d.ing. f,qi:..t-h.i.ç EntitY LLC Membef information is now confidential per Act 865 of 2007 Useyourbrowser'SbackbuttontoreturntotheSearclrResults Beoin New Search t /1t)/?0{)9 4:5-l I !-icense No. 0004160415 tD #1379 Sta,te of Arkanses { ww#rwcÉwws F-wevasåvag ffi w wvÑ FRANK SHARUM LANDSCAPE DESICN, INC, PO BOX 6524 FORT SMITH, AR7U9o6 is duly licensed u¡rder the provisions of Act 150 of the 1965 Acts as amended ald is entítled to practice Conh'acting in the State of Alkansas within the fo llowing classification: SPDCIALTY Landscaping with Planting Landscaping Irrigation, Lawn Sprinklers, Strearns rvith the f,ollorving suggested bid linniÉ Unlimited from Moy 8,2015 untiX April 30, 201 6 lvhen this CertÍficate exPires. ll'llness our lpntl¡ o! tlte Ðodrd, dnted at North Lillle Rock. ¡lrkansøs: f;{ÃÊr;4-- CHAIRMAN SECRDTARY Mny 8, 2015 - da Í¿#/ Àettp 6 tø.tç ffitmv'n """JfiH:il'XT,fif""' / ¡n*¡i¡¡iÃs OFFICIAL BID TABULATION Bld f6-1¿ Constructlon - Crossover Rd Phase ll and Van Asche Drlve Tree PlantlnE Wednesday, January 13, 2016 oEscRtFfloN Est qty Unlt PNICEPERUNIT TOTAI, :i;ì:.ji:l:ilì,: :.ri::::...;:r::;::.;j:':l:.,.'.i ';1,:.5çg¡9[¡[EA,ICROSSOV_EBnoÁqp]fA5EZ,:i..1 1 lìsarlng, crubblng, ånd Demolltlon 1 LS I I y' 4,ooo.oo $ y'l,ooo.oo 2 I lnch Topsol Plac€m€nt (Ysrd ArôBs)750 SY x $2.ßO g y'2,r0Ì1,00 3 l€Imudã Sod 759 SY x I 2.00 5 y't,ooo,oo 4 ¡l0n Relocsllon EA x $1ı6.00 s y'4,ooo,oo 6 trsmc ConlÍol and MalnlenEncE LS x $ 6,000.00 ç y'r,ooo.oo 6 ilobllÞstlon (8hall nol e)(cesd 5% ol totel Bld)LS x s 1,600.00 t y'1,600,00 7 SDll Amondmsnl (Tr€s)?24 EA x $0.00 S v/ l'338'00 I SollAmendmeflt (Shrubt I EA x $6.00 5 ( 38,00 I ìhumard Oak (QuBrer6 Shuardl)42 EA x s 193,00 $ y 8,100.00 l0 )rinnEElon Elm (Ulmus Amerlcana "Prlncelon")107 EA x $ 193.00 $ !/ 20,661.00 11 Redbud (cerc¡s CEnarlensls)'t8 EA x $183.00 s y' 3,294.00 12 l8llor¡ry¿ood (Cladraslls Kentukea)5S EA x s 198.00 û y'tt,oae.oo l3 ShadÞ¡ow SéNlceborry (Ametanehlef c€nadonsb)I EA x $35.00 ç y' 2ro.oo 14 l¡ôldow Prsvsnter wrBox 6 EA v 1,050.00 s v/ e,300.00 15 r¡0stloß System I LS x s 25,S00.O0 5 v/ 25.S00.00 18 l,lalntenãnca P€rlod a LS x I 4,000.00 $ y' 4,000.00 17 v:alntenanco Eafß I EA x s 1,05¿00 S y' l,o52,oo l6 terformancs Bond 1 LS x $'1.490.00 s y' ¡,+eo,oo 19 [ree Redacameßl due to damage 20 EA x s 155.00 s r/ s.loo.oo SUBTOTAL SCHEDULE A SCIIEDUIE:B : VAN IASCHE, llearing, Grubblng, and Damollllon I LS x ù 3,O00.00 $ ,/ s,ooo.oo 2 t lnch topsoll placèmenl (Yãrd Aroas)250 SY x E 2.80 s y' 700.00 3 3€rmud3 Sod ?.50 SY x $¿00 s y' 500.00 4 framc Control and MalnleoEnce LS x $3,500,00 $ y's,¡oo.oo 5 l/loblliällon (Shall nol eÌceed 5% of lolsl Bld)I LS x $'t,ı00.00 5 y' 1,500.00 I ìoll Amendmenl Cfrs6)ø2 EA x F €.00 ç ,,/ 37Loa 7 ìoll Amendmenl (Shrub)10 EA I $8.00 s / 60.00 I 'lakls Sugêr Maple (Acer Saccharun "Plaln$')u EA x $193.00 $ y' 4,246,00 I \¡uttal Oak (OúErEus Nuttalll)z5 EA x $198.00 $ v/ 4,950.00 l0 qutumn Gold Bold Gypæsa (Taxodlum Df6llchum 'SDfinE \15 EA x s 198.00 $ y' z,szo.oo t1 Shsdblow Servlceberry (Amelanchler cansdenBls)t0 EA x s 35.00 s ./ 35o.oo l2 lacHlow Prevsnter MBox 4 EA x s 1,050.00 s y' 1,200.00 13 rdgaüon Systêm 1 LS x $ 10,500.00 $ ,/ to,soo,oo 14 vlEfnlensnce PBriod 1 LS x I 3,000,00 s y' s,ooo.oo t5 !'lafnlèn6nce Bond 1 LS x ù 305.00 s y' 305.00 t6 refformancs Bond 1 LS x s 640.00 $ y' o4o.oo 17 fres Replacsmenl due to damsgÊ 15 EA x s 155.00 5 y' z.tzs.oo SUBTOTAL SCHEDULE B s 43,118,00 TOTAL BASE EID : (SCHEDULE A + SCHEDULE B) 'NOTICE: Eld award ls contlngenl upon vendor meetlng mlnlmum speclflcallons DOCUMENT ()(}55O - NOTTCE TO PROCEED TO:(Conhactor) Contract No: Owner: City of Fayetteville, Arkansas You are notified that the Conhact Time(s) under the above Contract rvill commence to rtrn on 20-. By that date, you are to start performing your obligations under tþe Contract Documents. ln accordance with the Agreement Between Owner and Contractor, the date(s) of Substantial Completion and final completion ready for final payment are 20 and 20 . respectively. Before you may start any work at the Site, the General Conditions provide that you and Owner must each deliver to the other, (with copies to Engineer and other identified additional insureds) certificates of insurance, whích each is required to purchase and maintain in accordance with tlle Contract Documents' Also before you may start any work at tlie Site, you must submit the following: 1. Preliminary constructiolr progress schedule. 2. Preliminary schedule of Submittals. 3. Satisfactory evidence of insurance in accordance with the requirements of the General Conditions. 4. Temporery erosion control requireiments as specified. 5. Maintenance of Traffic as specified' You are required to return an acl<nowledgement copy of this Notìce to Proceed to the Orvner. Dated this day of z0 P.o, ßox toSall 00550- Notice to Proceed 00550-1 OWNER 06035.2000 DOCUMENT 00550 - NOTICE TO PROCEED: lcontinued) By Title ACCEPTANCE OF NOTICE TO PROCEED CONTRACTOR nate Íonuorrd lR .20_l\ø_ Copy to Engineer (Use CertifÌed Mail, Retum Receipt Requested) END OF DOCUMENT OO55O By 00550- Notice to Proceed 00550-2 06035.2000 EOCITMENT 00610 - PERFORMANCE BOI.{D: KNOW ALL MEN BY TIIESE PRESENTS: that as Principal, hereinafter called Contractor, and as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas I l3 'West Mountain Sfreet Fayetteville, Arlcansas 7270 1 as Obligee, hereinafter called Owner, in the amount of ($_____________-), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated _ ,20_, entered into a contract with Owner for Crossover Road Phase II and Van Asche Drive Tree Planting which contact is by reference made a part hereof, a¡d is hereinafter referred to as the Contract. NOW, TIDREFORE, TTIE CONDITION OF THIS OBLIGATION ís such that, if Contractor shali promptly and faithfully perform said Confrac( then this obligation shall be nuil and void; othenvise it shall remain in full force md effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Wirenever Contractor shall be, and declared by Orvner to be in default under the Confract, the Owner having performed Owner's obligations, thereunder, the Surety may promptly remedy tire default, or shall promptly: Dollars 0061 0- Performance Bond 00610- r 06035.2000 DOCUMENT 00610 - PERFORMANCE BOND: (continued) A. Complete the Conhact in accorda¡lce with its terms and conditions, or Obtain a bid or bids for completing the Conlract in aecordance with its terms and condìtions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of tïe lorvest responsible bidder, g1_als-gloj_a$p_q-gi_bgtwge_n 9Ul1 þ!Çd:e¡ g-,_d__oyng¡,-Cn_4pukg eygil3þle_a_q Yg* progresses (even though there should be a default or a succession ofdefaults underthe contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Conbact Price; but not exceeding, including other costs and damages for which the Surety may be liabJe hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Conhact Price," as used in this paragraph, shall mean the total amount payable by Owner to Conhactor under the Contract and any amendments thereto, less the amount properly paid by Owner to ConÍactor. Any suit under this Bond must be instituted before the expiration of trvo years from tlte date on which final payment under the Contract falls due. No right of action shall accrue on this Bond to or for tlte use of any person or corporation other than the Owner named herein or the heirs, executors, administrators, or successors of the Owner. Signed and sealed this _ day of 20 CONTRACTOR (coRPoRATE SEAL) B. By 006 1 0- Performance Bond 00610 - 2 06035.2000 DOC{JMENT 00610 - PERFORMANCE BûND: (continued) ATTORNEY-IN-FACT (This Bond shallbe accompanied with Attomey- in-Facf s authority from Surety) COUNTERSIGNED: Resident Agent State of Arlcansas By- (coRPoRATE SEAL) Approved as to Form: Attomey for ÐND ON DOCUMENT 00610 0061 0- Perfonnance Bond 00610-3 06035,2000 DOCUMENT 00611 - LABOR Al\Ð MATERL{L PAYMENT BONÐ: This Bond is issued simultaneously with Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. I(NOIV ALL MEN BY TIIESE PRESENTS: that as Principal, hereinafter called Contactor, and as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 \Mest Mountain Street . Fayetteville, Arkansas 72701 as Obligee, fiereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Dollars ($_____-¡, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, f,umly by these presents. WHEREAS, Contractor has by rvritten Agreement dated -- . 20-, entered into a contract with Owner for Crossover Road Phase II and Van Asche Drive Tree Planting which contract is by reference nrade a part hereof, and is hereinafter referred to as tlte Contract. Now, TT{EREFORE, THE CONDITION OF THIS OBLIGATION is such that, if CONhACtOT ShAII promptly make payment to all claimants as hereinafrer defined, for all labor and material used or 00611 Labor & Matl Payment Bond 00611 * I 06035_2000 DOCUMENT 00611 - LABOR AND-MATERIAL PAVMENT BOND: (continued) reasonably required for use in the performance of the Contract, then tiris obligation slrall be void; otherwise ít shall remain in fulI force and effect, subject, however, to the following conditions: A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of tlie Contractor for labor, material, or both, used or reasonably required for u¡e in the pglfo,rman-ce:_of !¡g Ço{gc!, labor and malgri{ b-eing c_o1st¡red to ingf¡¡de that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract. B. The above named Contractor and Surety hereby jointþ and severally agree with the Owner that every claimant as herein defined, who has not been paid in fi¡ll before the expiration of a period of 90 days afrer the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the use of such claimant, prosecute tbe suit to final judgment for such sum or sums as may be justly due claimant, and lrave execution thereon. The Owner shall not be liable for the payment of any costs or expenses ofany such suit. C. No suit or action shall be commenced hereunde¡ by any claimart: 1. Unless claimant other than one having a di¡ect contact with Principal, shall have given written notice to any two of the following: the Contractor, the Owner, or the Surety within 90 days after such claimant did or performed the lasi of the work or Iabor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the parly to rvhom the materials were furnished, or for whom the worlc or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to Contractor, Owner or Suret¡r, at any place rvhere an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in r.vhich the aforesaid Project is located, save that such service need not be made by a public officer. 2. After the expiration of one year following the date on which Conbactor ceased Work on the Contract, it being understood, however, that if any limitation embodied in this 0061 I Labor & Matl Payment Bond 0061 I -2 06035.2000 DOCUMENT 00611 - LABOR AND MÀTERIAL PAYMEN.I BOND: (continued) Bond is prohibited by any Law contolling the construction hereof such limitation shall be deemed to be amended so as to be equal to tlte minimum period of limitation permitted by such Law. 3. Other than in a state court of competent jurisdiction in and for tlie county or other political subdivision of the state in which the Projecl or any part tlrereof, is situated, or in the United States District Court for the dishict in which the Project, or any part thereof, is situated, and not elsewhere. D. The amount of this Bond sllall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said irnprovement, whether or not claim for the amount of such lien be presented under and against tltis Bond. Signed and sealed this _ day of CONTRACTOR SURETY (coRPoRATE SEAL) COTINTERSIGNED: Resident Agent State of A¡kansas 20-. By ByBy 0061 I Labor & Matl Payment Bond 00611 - 3 06035.2000 DOCIIMENT 00611 - LABOR AII{D MATERL{L PAYMENT BOND: (continued) ATTORNEY-IN-FACT (CORPORATE SEAL) (This Bond shall be accompanied witlr A-tt g rney:i a:Fagf s authqri,ty fr om S_u-rety) Approved as to Form: Attomey for END OF DOCUMENT 00611 00611 Labor & Matl Payment Bond 0061 I - 4 06035.2000 Rte4) -1 &0 /— FRANSHA-02 STACI ACO o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4122/2016 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 endorsement(s). PRODUCER CONTACT NAME: BHC Insurance PHONE FAX 5500 Euper Lane _pis No.Eay(479)452-4000 JA/yNo), (479)484-5185 AIL P.O.Box 3529 ADDReADDRE Fort Smith,AR 72913.3529 ss: INSURER(5)AFFORDING COVERAGE NAIC0 INSURER A:United Fire&Casualty Company 13021 INSURED INSURER B:Accident Fund National Ins Co 12305 Frank Sharum Landscape Design,Inc. INSURER C: Attention: Frank Sharum P.O.Box 6524 INSURER D: Fort Smith,AR 72906 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IADDLUSUBR POLICY EFF POLICY EXP LTRI INSD I WVD POLICY NUMBER (MMIDD/YYYY) (MMR)DNYYY) LIMITS A X COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE n OCCUR 60445123 04/24/2016 04124/2017 �A 6RENTED 100,000 PREMISES(Ea ocanence) $ MED EXP(Any one person) $ 10,000 PERSONALBADV INJURY $ 1,000,000 GENL AGGREGATE UMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POUCY 28: n LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea BCGdent) A X Awry AUTO60445123 0412412016 0412412017 BoDILYINJURY(Perpersan) $ — ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS _ AUTOS NON-OWNED— PROPERTY DAMAGE — HIRED AUTOS (Per accident) $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAMS-MAGE 60445123 04124/2016 04/24/2017 AGGREGATE $ 5,000,000 DED I RETENTIONS $ WORKERS COMPENSATION PER 0TH- AND EMPLOYERS'LIABILITY X STATUTE I ER B ANYPROPRIETORIPARTNEWEXECUTIVE Y/NWCV6126687.00 04/24/2016 04/24/2017 EL.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? n N/A (Mandatory In NH) EL.DISEASE-EA EMPLOYEE $ 1,000;000 • Ryes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY UMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Ramarb Schedule,may be adachod If more space Is roguing) Re:Crossover Road Phase II and Van Asche Drive Tree Planting n RECEIVED P12.54 41 -1_o 1pia 4 1L.0-1-1 APR 2 5 2016 CITY GF FAYETTEVILLE CERTIFICATE HOLDER CANCELLATION CTY CLERK'S OFFICE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fayetteville,Arkansas THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 113 West Mountain Street ACCORDANCE WITH THE POLICY PROVISIONS. Fayetteville,AR 72701 AUTHORIZED REPRESENTATIVEEPvEN ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD