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HomeMy WebLinkAbout2013-09-02-R RESOLUTION # C��J I ��0 — • A RESOLUTION TO THE CITY OF BATESVILLE,ARKANSAS TO ACCEPT THE LOW BID AND ENTER INTO A CONTRACT WITH STONEBRIDGE CONSTRUCTION,LLC FOR THE CONSTRUCTION OF TEE BALL FIELDS AT THE NORTH COMPLEX WHEREAS,the City of Batesville desires to accept the low bid and enter intoz contract for the Construction of Tee Ball Fields at the North Complex; WHEREAS,the low bidder meeting qualifications and the firm selected for the Construction of Tee Ball Fields at the North Complex is Stonebridge Construction,LLC; WHEREAS,the total amount of the contract is$122,600.00,more or less, and ,vill be paid from monies collected from the 2013 Arkansas Parks and Tourism Outdoor Recreation Gr NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FORT CITY OF BATESVILLE,ARKANSAS THAT: , Section 1. That the City of Batesville shall accept the low bid and enter into a Contract for the Construction of Tee Ball Fields at the North Complex with Stonebridge Construction,LLC. Section 2. The total amount for the contract is for$122,600.00,more or less,and will be paid from monies collected from the 2013 Arkansas Parks and Tourism Outdoor Recreati n Grant. Section 3. The Mayor and City Clerk are hereby authorized by the City Counc 1 for the City of Batesville to execute all documents necessary to effectuate this agreement. PASSED AND APPROVED this 10th day of September 2013. _ /1'A � Rick El au Denise Johnston Mayor City Clerk City of Batesville City of Bat ille • North Sports Complex Tee Ball Fields ETC Project Number-106602CBATE Batesville, Arkansas AGREEMENT THIS AGREEMENT made this day of 2013, by and between StoneBridge Construction, LLC. (a corporation organized a°id existing under the laws of the State of Arkansas) hereinafter called the "Contractor" and the City of Batesville, Arkansas an agency thereof hereinafter called the "Owner". WITNESSETH: That the Contractor and the Owner for the consideration stated herein mutually agrees as follows: ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, incidentals and services, including utility and transportation services and perform and complete all work required for"North Sports Complex Tee Ball Fields", Batesville, Arkansas, in strict accordance with the Contract Documents, including all Addenda thereto numbered #1 dated 08/13/13; • as prepared by the Engineer/Architect. ARTICLE 2. The Contract Price is $122,600.00 (One hundred Twenty-two thousand Six hundred & 00/100th') The Owner will pay the contractor, because of his performance of the Contract, for the total quantities of work performed at the lump sum, subject to additions, and deductions as provided in the Section entitled "CHANGES IN THE WORK" under GENERAL CONDITIONS. ARTICLE 3. Contract Time. The Contractor agrees to begin work within five (5) calendar days after issuance by the Owner/ Engineer of a "Work Order" or "Notice to Proceed" and to complete the work within 60 consecutive calendar days for thereafter (except as modified in GENERAL CONDITIONS of these Contract Documents). If the Contractor shall fail to complete the work within the time specified, he and his Surety shall be liable for payment to the Owner, as liquidated damages ascertained and agreed, and not in the nature of a penaty, the sum of: 1. $ 100.00 for each calendar day of delay for the failure to fully complete the project within 60 consecutive calendar days (except 6s modified in GENERAL CONDITIONS of these Contract Documents). To the extent sufficient in amount, liquidated damages shall be deducted from the payments to be made under this Contract. • 00007-1 North Sports Complex Tee Ball Fields ETC Project umber-106602CBATE Batesville, Arkansas ARTICLE 4. Contract. The executed Contract Documents shall consist of the following: a. This Agreement (Grading revised on August 28, 2013) b. Addenda g. Cost Reduction Proposal by the C. Advertisement for Bids "Contractor", clued August 28, 2013 d. Information for Bidders h. General Condi{ions e. Bid i. Supplemental General Conditions f. Plan Sheet TB3-R j. Technical Specifications This Agreement, together with other Documents enumerated in this Article 4, which said other Documents are as fully a part of the Cont act as if hereto attached to herein repeated, form the Contract between the partie hereto. In the event that any provisions in any component part of this Contrac conflicts with any provision of any other component part, the conflict shall b resolved by the Engineer/Architect whose decision shall be final. ARTICLE 5. Surety. The Surety on the Performance-Payment Bond Shall be a surety company of financial resources satisfactory to the Owner iand authorized to do business in the State of Arkansas. IN WITNESS WHEREOF, the parties hereto have caused this AGREE ENT to be executed in four(4) counterparts, each of which shall be considered an original on t e day and year first above written. ATTEST: on By: - Title: Title: (Ad(h -ss) (City, St te, Zip) 'Citv of Batesville, Arkansas (Ow er) B ��.1/Y�li�-�� B • Title: /� ` 1 �� ,ak Title: Ma or 00007-2 Stone ri e- 40 CONSTRUCTION Pq August 28, 2013 ETC Engineers& Architects, Inc 1510 South Broadway Little Rock, AR 72202 North Sports Complex - Tee Ball Fields The following is a summarization of the discussions related to cost red tions on the Tec Ball Field. Base Bid S153,000 Reduce import fill & topsoil allowance from $9.50 to $5.00 per LCY S - 5,400 Lower all elevations 12" S -25,000 Revised base bid with value engineering items $122,600 • Regards, F Matt Davis Stonebridge Construction, LLC • __ 10')0 Windover Rd,Suite B a Jonesboro,AR 72401 870.268.9885 Ph a 870.268.9882 Fax www.stonebridgeine.com I N \ 0 C \ \ \`�/ / Y 321 I \\ \ \ \ // \ 310 / \ � � \ \ I 337 O/ 31 •1 328 32g 3.� /. •• � �_ 325 376 377 'I 320- 3}1 - w � t m•. a -- % 1 1 � � —atm"" �•� ° 1 \ cV ' )••�•. 's: \ �� 372 •\ I roro A. db NWHrr. a Apr 9 a m I m a ' OCOPVMGMi tot]EiGI.ERS,ill an of emmR. c ETC ENG Ls 8c crnr„� NORTH SPORTS COMPLEX ARCHITECT , C. TEE BALL FIELDS EN.—. — caw T-. { '• � TEE BALL-GRADING AND DRAINAGE PLAN •• �••• Mouo '% 9 xuii Bond N tuber SSB0425791 PERFORMANCE BOND AND PAYMENT BOND We StoneBridge Construction,LLC hereinafter referred to as Principal, and RLI Insurance Company hereinafter referred to as Surety, are held and firmly bound unto City of Batesville,500 E.Main St.,Batesville,AR 72501 , as obligee, hereinafter referred to as Owner, in the initial Contract amount of $ 1221600.00 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 entered into a capital improvement contract (Contract) with the Owner for: North Sports Complex Tee Ball Fields,Batesville,AR 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. Rev 04/01/2006 PERFORMANCE AND PAYMENT BOND 00614-1 of 2 11 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 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 n�)t 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 int this agree nt. .! BY: 09/09/13 Contra or tone ridge Con ruc LLC Date BY: • all • 09/09/13 Arkansas Resident Agent or Non Resident Agent/ Attorney-i n- Fact Date Michael A. McDaniel Print: Agent's Name P.O. Box 382007 Address Memphis Shelby TN _ 38183-2007 City County State Zip Code Business #-901-881-6464 Fax #- 901-881-6467 E-Mail: mmcdaniel@mcdanielwhitley.com Rev 04/01/2006 PERFORMANCE AND PAYMENT BOND 00614-2 of 2 ® RLI Surety POWER OF ATTORNEY RLQ P.O.Box 3967 1 Peoria,IL 61612-3967 Phone:(800)645-2402 1 Fax:(309)689-2036 RLI Insurance Company www.rlicorp.com L Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company,a(n)Illinois corporation, does hereby make,constitute and appoint: Michael A.McDaniel.Richard H Whitley. m .Brown.Melissa e Rosenbaum.jointly r severally. in the City of Germantown , State of Tennessee its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds,undertakings,and recognizances in an amount not to exceed Ten Million Dollars($10,000,000)for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company,and now in force to-wit: "All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporate n shall be executed in the corporate ime of the Company by the President, Secretary, any Assistant Secretary,Treasurer, or i ny Vice President, or by such other fficers as the Board of Directors may authorize. The President, any Vice President, Secre ry, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bo ds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bond , policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and th corporate seal may be printed by facsimile." IN WITNESS WHEREOF,the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 17th day of July2013 CEc'''. ' RLI Insurance Company SEAL '•., :' Roy C.DieL,) Vice President State of Illinois } e4����% '•••.. ••' SS unN�O"`p County of Peoria CERTIFICATE On this 17th day of July 2013 before me,a Notary Public, I, the undersigned officer of RLI Insurance Company, a stock personally appeared Roy C. Die , who being by me duly sworn, corporation of the State of Illinois, do hereby certify that the attached acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and is irrevocable; and officer of the RLI Insurance Company and acknowledged said instrument furthermore, that the Resolution of the Company as set forth in the to be the voluntary act and deed of said corporation. Power of Attorney, is nov7 in force. In testimony whereof, I have hereunto set my hand qnd Ithe seal of the RLI Insurance Company this 14A day of, ►w&g&, Z01- B.•C. RLI Insurance Company %,qu ine M.Bockler Notary Public NOTARY "OFFICIAL SEAL" Roy C.Die T Vice President PUBLIC JACQUELINE M.BOCKLER 87ATE OF ILLINOIS COMMISSION EXPIRES 03119/14 4159176020212 A0059411 .aco CERTIFICATE OF LIABILITY INSURANCE r91912013Y) DATE(MM/ Y THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ashley Humelsine McDaniel-Whitley, Inc. PHONE (901)BB1-6464 FAX No: (901)881-6467 P.O. Box 382007 ADDRE . wY E-MAIL ahumelsine@mcdanLelhitle com INSURERS AFFORDING COVERAGE NAIC# Memphis TN 38183-2007 INSURER A:Bltuminous INSURED INSURERB:TraVelers Property & Casualty 36161 StoneBridge Construction, LLC INSURERC: P.O. BOX 16787 INSURERD: INSURER E Jonesboro AR 72403 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREM= E Ea occurrence $ 100,000 A CLAIMS-MADE a OCCUR X LP3588717 /30/2013 /30/2014 MED EXP(Any one person) $ 5,000 X X,C,U Coverage PERSONAL&ADV INJURY $ 1,000,000 X Contractual Liability GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY FX PIECIT RO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED CAP3588715 /30/2013 /30/2014 AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 A EXCESS LAB CLAIMS-MADE AGGREGATE $ 4,000,000 DED I X I RETENTION$ 10,00 UP2800997 5/30/2013 5/30/2014 $ A WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y I N TRY 1IR ANY PROPRIETOR/PARTNER/EXECUTIVE E .EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) C3571324 /30/2013 /30/2014 E.L.DISEASE-EA EMPLOYE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E .DISEASE-POLICY LIMIT I$ 500,000 B Mthly Report Bldrs Risk — T6604A689344TIL /30/2013 /30/2014 Total Limit: See Below Spec Form (Incl Theft) Deductible $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CONTRACT AMOUNT - $122,600.00 PROJECT: ETC PROJECT NUMBER — 106602CBATE, NORTH SPORTS COMPLEX TEE BALL FIELDS, BATESVILLE, ARKANSAS CITY OF BATESVILLE, ARKANSAS IS SHOWN AS ADDITIONAL INSURED FOR GENERAL LIABILITY AS REQUIRED BY CONTRACT FOR THE REFERENCED PROJECT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF BATESVILLE ACCORDANCE WITH THE POLICY PROVISIONS. 500 E. MAIN STREET BATESVILLE, AR 72501 AUTHORIZED REPRESENTATIVE M McDaniel/HUMEA ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INC119Fion,nns�n, Yl. Ar^non ....a I...... •,......t tet,. f Atlncart O m Z n m n -3' oo 0 C a c. Om n v m o 3 p �. �5 co 0 ao D h � a W c Na* c� U) a � < cry — o Z � a w0 CD N 3 � N 0 • 3 c r� x d r --I = t J VJ W1 c mCD 3 � J W W Q t� FD N C 0 3 • 3