Loading...
HomeMy WebLinkAbout162-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 162-25 File Number: 2025-1034 A RESOLUTION TO AWARD BID #25-38 AND AUTHORIZE A CONTRACT WITH LEGACY CONSTRUCTION MANAGEMENT IN THE AMOUNT OF $3,628,930.66 FOR PHASE 1 CONSTRUCTION AT UNDERWOOD PARK, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $250,000.00, AND TO APPROVE A BUDGET ADJUSTMENT — PARK IMPROVEMENT BOND PROJECT WHEREAS, Underwood Park is Fayetteville's newest Community Park, providing service to the Northwest portion of the city; and WHEREAS, a public master planning process concluded in early 2024 and has guided the work in this first phase of construction; and WHEREAS, Phase 1 will be funded by $2,759,892.00 from 2022 Park Improvement Bonds, $687,586.66 from 2024 Park Improvement Bonds, $181,452.00 from Parks Development Funds, and $250,000.00 from Northwest Quadrant Park Land Dedication Funds. NOW, THEREFORE, 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 #25-38 and authorizes a contract with Legacy Construction Management in the amount of $3,628,930.66 for Phase I Construction at Underwood Park, and further approves a project contingency in the amount of $250,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on July 15, 2025 Approved: Attest: �'` UTr of 9s1 rarrr;_v,i�_.`- '�i �'GTON COS..• Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 15, 2025 CITY COUNCIL MEMO TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs FROM: Ted Jack, Park Planning Superintendent SUBJECT: Underwood Community Park Improvements RECOMMENDATION: 2025-1034 Approval of a contract with Legacy Construction Management for Phase 1 construction at Underwood Park (Bid #25-38) in the amount of $3,628,930.66, plus a $250,000 project contingency. Additionally, approval of a budget adjustment including $2,759,892.00 from 2022 Bonds, $687,586.66 from 2024 Bonds, $181,452.00 from Parks Development Funds, and $250,000.00 from Park Land Dedication (PLD) Funds — Northwest Quadrant. BACKGROUND: Underwood Park is Fayetteville's newest Community Park, providing service to the Northwest portion of the city. A public master planning process concluded in early 2024 and has guided the work in this first phase of construction. Ecological Design Group, Inc. was selected through the selection committee process and (2024- 1745) prepared the design and bid documents and will assist in construction administration. Construction is expected to take one year. DISCUSSION: The improvements in this phase are located north of Clabber Creek and include essential infrastructure such as the asphalt entry drive, parking, restroom, signage, utilities, and site lighting. Recreational features include phase one of a new nature-themed playground, four ADA accessible pickleball courts, one basketball court, pavilions, trail connections, and landscaping. BUDGET/STAFF IMPACT: Funding is available in the following accounts: 4705.860.7999-5899.00- $2,759,892.00 Construction 2250.520.9255-5806.00- $181,452.00 Construction 4805.860.7999-5899.00- $687,587.00 Construction 2250.520.9256-4419.00- $250,000.00 Project Contingency ATTACHMENTS: 3. Staff Review Form, 4. Budget Adjustment, 5. Underwood Park - Contract - Legacy, 6. Bid 25-38, Bid Tab - Underwood, 7. Bid 25-38, Appendix C - Legacy's Submittal, 8. Drawings Partial Set Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-1034 A RESOLUTION TO AWARD BID #25-38 AND AUTHORIZE A CONTRACT WITH LEGACY CONSTRUCTION MANAGEMENT IN THE AMOUNT OF $3,628,930.66 FOR PHASE 1 CONSTRUCTION AT UNDERWOOD PARK, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $250,000.00, AND TO APPROVE A BUDGET ADJUSTMENT — PARK IMPROVEMENT BOND PROJECT WHEREAS, Underwood Park is Fayetteville's newest Community Park, providing service to the Northwest portion of the city; and WHEREAS, a public master planning process concluded in early 2024 and has guided the work in this first phase of construction; and WHEREAS, Phase 1 will be funded by $2,759,892.00 from 2022 Park Improvement Bonds, $687,586.66 from 2024 Park Improvement Bonds, $181,452.00 from Parks Development Funds, and $250,000.00 from Northwest Quadrant Park Land Dedication Funds. NOW, THEREFORE, 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 #25-38 and authorizes a contract with Legacy Construction Management in the amount of $3,628,930.66 for Phase I Construction at Underwood Park, and further approves a project contingency in the amount of $250,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Ted Jack Submitted By City of Fayetteville Staff Review Form 2025-1034 Item ID July 15th, 2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/20/2025 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Approval of a contract with Legacy Construction Management is requested for Phase 1 construction at Underwood Park (Bid #25-38) in the amount of $3,628,930.66, plus a $250,000 project contingency. Additionally, approval is sought for a budget adjustment allocated by $2,759,892.00 from 2022 Bonds, $687,586.66 from 2024 Bonds, $181,452.00 from Parks Development Funds, and $250,000.00 from Park Land Dedication (PLD) Funds — Northwest Quadrant. 4705/4805 .860.7570-5806.00 2250.520.9255-5806.00 Account Number 46050.7570 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Park Bonds (2022/2024) Parks Development Fund Underwood Park Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 87,849.00 $ 72,848.97 5 15,000.03 $ 3,628,930.66 $ 3,878,931.00 265,000.37 Previous Ordinance or Resolution # Approval Date: V20221130 Contract for Services CITY OF Construction — Underwood Park, Phase 1 FAYETTEVILLE Contractor/Vendor. Legacy Construction Management, Inc A R K A N S AS Term: Single Project THIS AGREEMENT is made this 15 day of July 2025, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Legacy Construction Management, Inc (hereinafter called LEGACY CONSTRUCTION). CITY OF FAYETTEVILLE from time to time requires professional construction services in connection with construction projects. Therefore, CITY OF FAYETTEVILLE and LEGACY CONSTRUCTION, in consideration of their mutual covenants, agree as follows: Work performed by LEGACY CONSTRUCTION shall be performed under valid, active, current license with the Arkansas Contractor's Licensing Board. LEGACY CONSTRUCTION shall follow all federal, state, and local laws at all times. 1. Contracted parties and relationship: a. This agreement shall be binding between all parties. Fees shall be provided as identified in appendices. i. LEGACY CONSTRUCTION'sTax identification number (TIN) ending in 1498 ii. LEGACY CONSTRUCTION's Arkansas Contractor License No. 0372390525 iii. LEGACY CONSTRUCTION's Secretary of State Filing No. 811123269 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. a. Appendices included under this agreement include the following: i. Appendix A: Bid Tabulation ii. Appendix B: Bid package identified as Bid 25-38, Construction — Underwood Park, Phase 1 with the specifications and conditions typed thereon inclusive of all bidding documents, plans and drawings, and issued addenda. iii. Appendix C: LEGACY CONSTRUCTION's bid submittal iv. Appendix D: LEGACY CONSTRUCTION's Certificate of Insurance v. Appendix E: LEGACY CONSTRUCTION's 100% Performance and Payment Bonds 1. Appendix D and E shall be submitted to the City within the timeframe identified in the bid documents or 10 (ten) calendar days. b. This agreement may be modified only by a duly executed written instrument signed by the CITY and LEGACY CONSTRUCTION. c. ORDER OF PRECEDENCE: In case of any inconsistency, conflict, or ambiguity among the Contract Documents, the documents shall govern in the following order: (a) Change Orders and written amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) LEGACY CONSTRUCTION's Proposal (d) City's published bid and associated Addenda. CONTRACT: Bid 25-38, Construction — Underwood Park, Phase 1 Page 1 of 20 City of Fayetteville, AR 3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the following addresses: a. City of Fayetteville: 113 W. Mountain, Fayetteville, AR 72701 b. Vendor: Legacy Construction Management, Inc., 3733 Wildcat Creek Blvd., Fayetteville, AR 72704 4. General Provisions: a. ETHICS: All parties shall perform with integrity. Each shall avoid conflicts of interest and promptly disclose to any other part any conflicts that may arise. All parties warrant that it has not and shall not pay or receive any contingent fees or gratuities to or from any other party, including agents, officer's employers, Subcontractors, Sub subcontractors, Suppliers, Volunteers, Elected Officials, or Others to secure preferential treatment. Workmanship: The Work shall be executed in accordance with the Contract Documents in a workmanlike manner. All materials used in the Work shall be furnished in sufficient quantities to facilitate the proper and expeditious execution of the Work and shall be new except as otherwise provided in the Contract Documents. c. MATERIALS FURNISHED BY CITY OR OTHERS: If the Work includes installation of materials or equipment furnished by City or Others, it shall be the responsibility of LEGACY CONSTRUCTION to examine the items so provided and thereupon handle, store, and install the items, unless otherwise provided in the Contract Documents, with such skill and care as to provide a satisfactory and proper installation. Loss or damage due to ads or omissions of -LEGACY -CONSTRUCTION shall be the responsibility of LEGACY CONSTRUCTION and may be deducted from any amounts due or to become due. Any defects discovered in such materials or equipment shall be reported at once to the City and the City's contracted third -party Design Professional. Following receipt of written notice from LEGACY CONSTRUCTION of defects, City and Design Professional shall promptly inform the City what action, if any, LEGACY CONSTRUCTION shall take with regard to the defects. d. WORKSITE VISIT: LEGACY CONSTRUCTION acknowledges that it has visited, or has had the opportunity to visit, the Worksite to visually inspect the, general and local conditions which could affect the Work. e. LEGACY CONSTRUCTION shall perform all duties and responsibilities necessary to coordinate the various parts of the Work and to prepare its Work for the work of City or Others. i. Cutting, patching, or altering the work of City or Others shall be done with the prior written approval of City and Design Professional. Such approval shall not be unreasonably withheld. f. COMPLIANCE WITH LAWS: LEGACY CONSTRUCTION shall comply with all the Law at its own cost. LEGACY CONSTRUCTION shall be liable to City for all loss, cost, or expense attributable to any acts or omissions by LEGACY CONSTRUCTION its employees, subcontractors, suppliers, and agents for failure to comply with Laws, including fines, penalties, or corrective measures. g. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss attributable to the acts or omissions of City or Others and not to LEGACY CONSTRUCTION, City may either (a) promptly remedy the damage or loss and assume affected warranty responsibilities, (b) accept the damage or loss, or (c) issue a Change Order to remedy the damage or loss. If LEGACY CONSTRUCTION incurs costs or is delayed due to such loss or damage, LEGACY CONSTRUCTION may seek an equitable adjustment in the Cost of the Work, Date of Substantial Completion or Date of Final Completion. Any equitable adjustment shall be approved by all parties. h. Taxes and Permits. LEGACY CONSTRUCTION shall give public authorities all notices required by law and shall obtain and pay for all necessary permits, licenses, and renewals pertaining to the Work. LEGACY CONTRACT: Bid 2S-38, Construction — Underwood Park, Phase 1 Page 2 of 20 City of Fayetteville, AR CONSTRUCTION shall provide to City copies of all notices, permits, licenses, and renewals required under this Agreement. i. LEGACY CONSTRUCTION shall pay applicable taxes and permit fees associated with the entire project. i. DISCOUNTS: All discounts for prompt payment shall accrue to City. All trade discounts, rebates, and refunds, and all returns from sale of surplus materials and equipment, shall be credited to the Cost of the Work, or directly to the City after final payment. j. City may occupy or use completed or partially completed portions of .the Work when (a) the portion of the Work is designated in a Certificate of Substantial Completion, (b) appropriate insurer(s) consent to the occupancy or use, and (c) public authorities authorize the occupancy or use. LEGACY CONSTRUCTION shall not unreasonably withhold consent to partial occupancy or use. k. EXTENT OF AGREEMENT: Except as expressly provided, this Agreement is for the exclusive benefit of all Parties, and not the benefit of any third parry. This Agreement represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement and each and every provision is for the exclusive benefit of all Parties and not for the benefit of any third party. I. ASSIGNMENT: Except as to the assignment of proceeds, no Party shall assign their interest in this Agreement without the written consent of the other Party. The terms and conditions of this Agreement shall be binding upon all Parties, their partners, successors, assigns, and legal representatives. No Party shall assign the Agreement without written consent of the other. m. Where figures are given, they shall be preferred to scaled dimensions. n. The drawings and specifications are complementary. If Work is shown only on one but not on the other, LEGACY CONSTRUCTION shall perform the Work as though fully described on both. LEGACY CONSTRUCTION shall seek clarification from the City or the City's third -party Design Professional for any discrepancies. o. In case of conflicts between the drawings and specifications, the specifications shall govern unless otherwise stated in the bidding documents. In any case of omissions or errors in figures, drawings, or specifications, LEGACY CONSTRUCTION shall immediately submit the matter to City and Design Professional for clarification. The City's clarifications are final and binding, which may include third -party Design Professional content. p. DEBARMENT AND SUSPENSION: By execution of this agreement, LEGACY CONSTRUCTION certifies that to the best of its knowledge and belief that the LEGACY CONSTRUCTION and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; ii. Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and CONTRACT: Bid 25-38, Construction — Underwood Park, Phase 1 Page 3 of 20 City of Fayetteville, AR iv. (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. v. LEGACY CONSTRUCTION understands that a false statement on certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $50,000. vi. Certifications for subcontracts or sub subcontracts executed under this agreement shall include all language in this section. 5. Definitions: Unless otherwise specifically defined in this Agreement, any terms that have well-known technical or trade meanings shall be interpreted in accordance with their well-known meanings. "Business Day" means all Days, except weekends and official federal or state holidays where the Project is located. b. A "Change Order" is a written order signed by all Parties after execution of this Agreement, indicating changes in the scope of the Work, and Date of Substantial Completion or Date of Final Completion_ c. "Contract Time" is the period between the Date of Notice to Proceed and the total time authorized to achieve Final Completion. d. "Cost of the Work" means the total costs and discounts charged to the City. e. The "Vendor" is the person or entity identified in this contract and includes Vendor's Representative. f. "Day" means a calendar day unless otherwise specified. g. "Defective Work" is any portion of the Work that that does not conform with the requirements of the Contract Documents. h. "Design Professional" means the licensed architect retained by the City and its subconsultants, to perform design services for the Project. i. "Final Completion" occurs on the date when Vendor's obligations under this Agreement are complete and accepted by City and final payment becomes due and payable. This date shall be confirmed by a Certificate of Final Completion signed by all Parties. j. "Hazardous Material" is any substance or material identified now or in the future as hazardous under the Law, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirement governing handling, disposal, or cleanup. k. "Interim Directive" is a written order containing change to the Work directed by and in consultation with City and Design Professional after execution of this Agreement and before Substantial Completion. Interim Directives shall be consolidated and formalized in a change order to be signed by all parties. I. "Law" means federal, state, or local laws, ordinances, codes, rules, and regulations applicable to the Work with which Vendor must comply that are enacted as of the Agreement date. m. "Others" means City's other: (a) contractors/constructors, (b) suppliers, (c) subcontractors, sub subcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c) or any by any of them or for whose acts any of them may be liable. n. "Overhead" means (a) payroll costs, burden, and other compensation of Vendor's employees in Vendor's principal and branch offices for work associated with this project. o. "Owner" is the City of Fayetteville, Arkansas (City). CONTRACT: Bid 25-38, Construction — Underwood Park, Phase 1 Page 4 of 20 City of Fayetteville, AR p. The "Owner's Program" is an initial description of Owner's objectives, including budgetary and time criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, site requirements, and any requirements for phased occupancy. q. The "Parties" are collectively City and Vendor. r. The "Project," is the building, facility, or other improvements for which Vendor is to perform Work under this Agreement. It may also include construction by Owner or Others. s. The "Schedule of the Work" is the document prepared by Vendor that specifies the dates on which Vendor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. t. "Subcontractor" is a person or entity retained by Vendor as an independent contractor to provide the labor, materials, equipment, or services necessary to complete a specific portion of the Work, The term Subcontractor does not include Design Professional or Others. u. "Substantial Completion" of the Work, or of a designated portion, occurs on the date when the Work is sufficiently complete in accordance with the Contract Documents so that City may occupy or utilize the Work, or a designated portion, for the use for which it is intended, without unapproved disruption. This date shall be confirmed by a certificate of Substantial Completion signed by all Parties. v. A "Sub subcontractor" is a person or entity who has an agreement with a Subcontractor or another sub subcontractor or Supplier to perform a portion of the Subcontractor's Work or supply material or equipment. w. A "Supplier' is a person or entity retained by Vendor to provide material or equipment for the Work. x. "Terrorism" means a violent act, or an act that is dangerous to human life, property, or infrastructure, that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion. Terrorism includes, but is not limited to, any act certified by the United States government as an act of terrorism pursuant to the Terrorism Risk Insurance Act, as amended. y. "Work" means the construction services necessary or incidental to fulfill Vendor's obligations for the Project in accordance with and reasonably inferable from the Contract Documents. The Work may refer to the whole Project or only a part of the Project if work is also being performed by Owner or Others. z. "Worksite" means the area of the Project where the Work is to be performed. aa. "Bi-monthly basis" means every fourteen to sixteen calendar days. 6. Contract Document Review and Administration a. Before commencing the Work, LEGACY CONSTRUCTION shall examine and compare the drawings and specifications with information furnished by the City and Design Professional that are considered Contract Documents, relevant field measurements made by LEGACY CONSTRUCTION, and any visible conditions at the Worksite affecting the Work. b. Should LEGACY CONSTRUCTION discover any errors, omissions, or inconsistencies in the Contract Documents, LEGACY CONSTRUCTION shall promptly report them to the City and Design Professional. Following receipt of written notice of defects, City shall promptly inform LEGACY CONSTRUCTION what action, if any, LEGACY CONSTRUCTION shall take with regard to the defect. c. Nothing in this section shall relieve LEGACY CONSTRUCTION of responsibility for its own errors, inconsistencies, or omissions. d. COST REPORTING: LEGACY CONSTRUCTION shall maintain complete, accurate, and current records that comply with generally accepted accounting principles and calculate the proper financial management CONTRACT: Bid 25-38, Construction — Underwood Park, Phase 1 Page 5 of 20 City of Fayetteville, AR under this Agreement. LEGACY CONSTRUCTION shall maintain a complete set of all books and records prepared or used by LEGACY CONSTRUCTION with respect to the Project. City shall be afforded access to all of LEGACY CONSTRUCTION 's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this Agreement. LEGACY CONSTRUCTION shall preserve all such records for a period of three years after the final payment or longer where required by Law. 7. Warranty a. LEGACY CONSTRUCTION warrants all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. At City or Design Professional request, LEGACY CONSTRUCTION shall furnish satisfactory evidence of the quality and type of materials and equipment furnished. LEGACY CONSTRUCTION further warrants all Work shall be free from material defects not intrinsic in the design or materials required in the Contract Documents. LEGACY CONSTRUCTION's warranty does not include remedies for defects or damages caused by normal wear and tear during normal usage beyond the warranty period, use for a purpose for which the Project was not intended, improper or insufficient maintenance, modifications performed by the City or others, or abuse. LEGACY CONSTRUCTION's warranty shall commence on the Date of Final Completion of the Project. b. To the extent products, equipment, systems, or materials incorporated in the Work are specified and purchased by the City, they shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face of any such warranty. For such incorporated items, ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. c. LEGACY CONSTRUCTION shall obtain from its Subcontractors and Suppliers any special or extended warranties required by the Contract Documents. LEGACY CONSTRUCTION's liability for such warranties shall be limited to the one-year correction period, as further defined in this Agreement. After that period LEGACY CONSTRUCTION shall provide full and comprehensive assistance to the City in enforcing the obligations of Subcontractors or Suppliers for such extended warranties. d. Correction of Work: If before Substantial Completion or within two -years after the date of Final Completion of the Work any Defective Work is found, City shall promptly notify LEGACY CONSTRUCTION in writing. Unless City provides written acceptance of the condition, LEGACY CONSTRUCTION shall promptly correct the Defective Work at its own cost and time and bear the expense of additional services required for correction of any Defective Work for which it is responsible. If within the two-year correction period City discovers and does not promptly notify LEGACY CONSTRUCTION or give LEGACY CONSTRUCTION an opportunity to test or correct Defective Work as reasonably requested by LEGACY CONSTRUCTION, City waives LEGACY CONSTRUCTION's obligation to correct that Defective Work as well as City's right to claim a breach of the warranty with respect to that Defective Work. ii. If LEGACY CONSTRUCTION fails to correct Defective Work within a reasonable time after receipt of written notice from City before final payment, City may correct it in accordance with the City's right to carry out the Work. In such case, an appropriate Change Order shall be issued deducting the cost of correcting the Defective Work from payments then or thereafter due LEGACY CONSTRUCTION. If payments then or thereafter due LEGACY CONSTRUCTION are not sufficient to cover such amounts, LEGACY CONSTRUCTION shall pay the difference to City. CONTRACT: Bid 25-38, Construction — Underwood Park, Phase 1 Page 6 of 20 City of Fayetteville, AR iii. LEGACY CONSTRUCTION's obligations and liability, if any, with respect to any Defective Work discovered after the two-year correction period shall be determined by the Law. If, after the two- year correction period but before the applicable limitation period has expired, City discovers any Work which City considers Defective Work, City shall, unless the Defective Work requires emergency correction, promptly notify LEGACY CONSTRUCTION and allow LEGACY CONSTRUCTION an opportunity to correct the Work if LEGACY CONSTRUCTION elects to do so. If LEGACY CONSTRUCTION elects to correct the Work, it shall provide written notice of such intent within fourteen (14) Days of its receipt of notice from City and shall complete the correction of Work within a mutually agreed timeframe. If LEGACY CONSTRUCTION does not elect to correct the Work, City may have the Work corrected by itself or Others, and, if City intends to seek recovery of those costs from LEGACY CONSTRUCTION, City shall promptly provide LEGACY CONSTRUCTION with an accounting of the actual correction costs. iv. If LEGACY CONSTRUCTION's correction or removal of Defective Work causes damage to or destroys other completed or partially completed work or existing building, LEGACY CONSTRUCTION shall be responsible for the cost of correcting the destroyed or damaged property. v. The two-year period for correction of Defective Work does not constitute a limitation period with respect to the enforcement of LEGACY CONSTRUCTION's other obligations under the Contract Documents. vi. Before final payment, at City option and with LEGACY CONSTRUCTION's agreement, City may elect to accept Defective Work rather than require its removal and correction. In such cases the contract shall be equitably adjusted for any diminution in the value, as determined by City, of the Project caused by such Defective Work via formal written change order. 8. Safety of Persons and Property SAFETY PROGRAMS: LEGACY CONSTRUCTION holds overall responsibility for safety programs. However, such obligation does not relieve Subcontractors of their safety responsibilities and to comply with the Law. LEGACY CONSTRUCTION shall prevent against injury, loss, or damage to persons or property by taking reasonable steps to protect: (a) its employees and other persons at the Worksite; (b) materials and equipment stored at onsite or offsite locations for use in performing the Work; and (c) property located at the Worksite and adjacent to work areas, whether or not the property is part of the Worksite. LEGACY CONSTRUCTION'S SAFETY REPRESENTATIVE: LEGACY CONSTRUCTION shall designate an individual at the Worksite in its employ as its safety representative. Unless otherwise identified by LEGACY CONSTRUCTION in writing to City, LEGACY CONSTRUCTION's project superintendent shall serve as its safety representative. LEGACY CONSTRUCTION shall report promptly in writing all recordable accidents and injuries occurring at the Worksite. When LEGACY CONSTRUCTION is required to file an accident report with a public authority, LEGACY CONSTRUCTION shall furnish a copy of the report to City. c. LEGACY CONSTRUCTION shall provide City with copies of all notices required of LEGACY CONSTRUCTION by the Law. LEGACY CONSTRUCTION's safety program shall comply with the requirements of governmental and quasi -governmental authorities having jurisdiction. i. Damage or loss not insured under property insurance that may arise from the Work, to the extent caused by negligent or intentionally wrongful acts or omissions of LEGACY CONSTRUCTION, or anyone for whose acts LEGACY CONSTRUCTION may be liable, shall be promptly remedied by LEGACY CONSTRUCTION. d. If City deems any part of the Work or Worksite unsafe, City, without assuming responsibility for LEGACY CONSTRUCTION's safety program, may require performance of the Work be stopped, and take corrective CONTRACT: Bid 25-38, Construction — Underwood Park, Phase 1 Page 7 of 20 City of Fayetteville, AR measures satisfactory to City. If LEGACY CONSTRUCTION does not adopt corrective measures, City may perform them and deduct their cost from the Contract amount. LEGACY CONSTRUCTION agrees to make no claim for damages, an increase in the Contract amount, or for a change in the Dates of Substantial or Final Completion based on LEGACY CONSTRUCTION's compliance with City's reasonable request. 9. Subcontracts: BINDING OF SUBCONTRACTORS AND SUPPLIERS: LEGACY CONSTRUCTION agrees to bind every Subcontractor and Supplier and require every Subcontractor to so bind its subcontractors and significant supplier, to the Contract Documents as they apply to the Subcontractor's or Supplier's applicable provisions to that portion of the Work. b. LEGACY CONSTRUCTION agrees not to subcontract at risk related services without prior written consent from the City. 10. Fees, Expenses, and Payments: a. LEGACY CONSTRUCTION, 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 25-38 as stated in LEGACY CONSTRUCTION's bid response, and in accordance with specifications attached hereto and made a part hereof under Bid 25-38, all included herein as if spelled out word for word. b. This turn -key project providing labor and materials shall be provided to the City for a not to exceed fee of $3,628,930.66 US Dollars. c. The City of Fayetteville shall pay LEGACY CONSTRUCTION for completion of the project based on a percentage of work completed. At no point shall payment exceed the percentage of work completed, as determined by the City. d. Payments will be made after approval and acceptance of work and submission of invoice Payments will be made approximately 30 days after approval of invoice. The City of Fayetteville reserves the right to request receipts for materials purchased for the City of Fayetteville from suppliers, subcontractors, or other sources. The City of Fayetteville does not agree to any interest or penalty for "untimely" payments. e. The City reserves the right to withhold five percent (5%) retainage from all payments until project is completed in full. f. Not to exceed pricing shall include but not be limited to: i. Labor wages directly employed by LEGACY CONSTRUCTION in performing of the Work. ii. Salaries of LEGACY CONSTRUCTION's employees when stationed at the field office, in whatever capacity employed, employees engaged on the road expediting the production or transportation of material and equipment, and employees from the principal or branch office as mutually agreed by the Parties in writing. iii. Cost of all employee benefits and taxes, including but not limited to, workers' compensation, unemployment compensation, social security, health, welfare, retirement, and other fringe benefits as required by law, labor agreements, or paid under LEGACY CONSTRUCTION 's standard personnel policy, insofar as such costs are paid to employees of LEGACY CONSTRUCTION who are included in the Cost of the Work. iv. Transportation, travel, hotel, and moving expenses of LEGACY CONSTRUCTION's personnel incurred in connection with the Work. CONTRACT: Bid 25-38, Construction — Underwood Park, Phase 1 Page 8 of 20 City of Fayetteville, AR v. Cost of all materials, supplies, and equipment incorporated in the Work, including costs of inspection and testing if not provided by City, transportation, storage, and handling. vi. Payments made by LEGACY CONSTRUCTION to Subcontractors for work performed under this Agreement. vii. Cost, including transportation and maintenance of all materials, supplies, equipment, temporary facilities, and hand tools not owned by the workers that are used or consumed in the performance of the Work, less salvage value or residual value; and cost less salvage value on such items used, but not consumed that remain the property of LEGACY CONSTRUCTION. viii. Rental charges of all necessary machinery and equipment, exclusive of hand tools owned by workers, used at the Worksite, whether rented from LEGACY CONSTRUCTION or others, including installation, repair, and replacement, dismantling, removal, maintenance, transportation, and delivery costs at competitive market rates. ix. Cost of the premiums for all insurance and surety, performance, and payment bonds which LEGACY CONSTRUCTION is required to procure or deems necessary and approved by City. x. Sales, use, gross receipts, or other taxes, tariffs, or duties related to the Work for which LEGACY CONSTRUCTION is liable. xi. Permits, taxes, fees, licenses, tests, royalties. xii. Losses, expenses, or damages to the extent not compensated by insurance or otherwise, and the cost of corrective work during the Construction Phase and for the warranty period. xiii. Costs associated with establishing, equipping, operating, maintaining, mobilizing and demobilizing the field office and site. xiv. Water, power, and fuel costs necessary for the Work. xv. Cost of removal of all nonhazardous substances, debris, and waste materials. xvi. Costs incurred due to an emergency affecting the safety of persons or property. xvii. Costs directly incurred in the performance of the Work or in connection with the Project, and not included in LEGACY CONSTRUCTION's Fee, which are reasonably inferable from the Contract Documents. g. STORED MATERIALS AND EQUIPMENT: Unless otherwise provided in the contract documents, applications for payment may include materials and equipment not yet incorporated into the Work but delivered to and suitably stored onsite or offsite including applicable insurance, storage, and costs incurred transporting the materials to an offsite storage facility. Approval of payment applications for stored materials and equipment stored offsite shall be conditioned on a submission by LEGACY CONSTRUCTION of bills of sale and proof of required insurance, or such other documentation satisfactory to City to establish the proper valuation of the stored materials and equipment, City's title to such materials and equipment, and to otherwise protect City's interests therein, including transportation to the Worksite. Materials and equipment stored offsite shall be in a bonded and insured secure facility. h. FINAL PAYMENT: Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, LEGACY CONSTRUCTION shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by LEGACY -CONSTRUCTION to be set forth therein. CONTRACT: Bid 25-38, Construction — Underwood Park, Phase 1 Page 9 of 20 City of Fa ettp.liiip AR Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against LEGACY CONSTRUCTION or sureties under this Agreement. 11. Project Bonding - Performance and payment bonding: After execution of this contract by all parties, LEGACY CONSTRUCTION shall provide 100% separate performance and payment bonds (inclusive of any approved contingency) from a bonding company, licensed to do business in the state of Arkansas. Bonds shall be provided within ten (10) calendar days after this contract has been executed by all parties. If bonds are not inclusive of council approved contingency, bond rider(s) will be required for any change orders. a. All bonds shall be listed with the U.S. Treasury Department listing of approved surety's (T-List) and shall be rated A+ minimum by A. M. Best. 12. Time: a. SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion shall be established in the contract documents as a hard not -to -exceed date. If such dates are not established upon the execution of this Agreement, a Date of Substantial Completion and Date of Final Completion of the Work shall be established via Change Order. b. Time is of the essence with regard to the obligations of the Contract Documents. c. Unless instructed by City in writing, LEGACY CONSTRUCTION shall not knowingly commence the Work before the effective date of LEGACY CONSTRUCTION's required insurance, bonds, and formal written and signed Purchase Order issued by the City of Fayetteville Procurement Division. d. Schedule of Work: Before submitting its first application for payment, LEGACY CONSTRUCTION shall submit to City and, if directed, Design Professional, a Schedule of the Work showing the dates on which LEGACY CONSTRUCTION plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Except as otherwise directed by City, LEGACY CONSTRUCTION shall comply with the approved Schedule of the Work. City may determine the sequence in which the Work shall be performed, provided it does not unreasonably interfere with the approved project schedule. City may require LEGACY CONSTRUCTION to make reasonable changes in the sequence at any time during the performance of the Work in order to facilitate the performance of work by City or Others. If LEGACY CONSTRUCTION consequently incurs costs or is delayed, the Dates of Substantial or Final Completion, or both, LEGACY CONSTRUCTION may seek equitable adjustment. e. NOTICE OF DELAY CLAIMS: If LEGACY CONSTRUCTION requests an equitable extension of the Contract Time or an equitable adjustment contract as a result of a delay described, LEGACY CONSTRUCTION shall give City written notice of the claim. If LEGACY CONSTRUCTION causes delay in the completion of the Work, City shall be entitled to recover its additional costs. 13. Substantial Completion: a. The Work shall be Substantially Completed within 310 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS. b. LEGACY CONSTRUCTION shall notify City and, if directed, Design Professional when it considers Substantial Completion of the Work or a designated portion to have been achieved. City, with the assistance of its Design Professional, shall promptly conduct an inspection to determine whether the Work or designated portion can be occupied or used for its intended use by City without excessive interference in completing any remaining unfinished Work. If City determines the Work or designated CONTRACT: Bid 2S-38, Construction — Underwood Park, Phase 1 Page 10 of 20 City of Fayetteville, AR portion has not reached Substantial Completion, City, with the assistance of its Design Professional, shall promptly compile a list of items to be completed or corrected so City may occupy or use the Work or designated portion for its intended use. LEGACY CONSTRUCTION shall promptly and accurately complete all items on the list. c. When Substantial Completion of the Work or a designated portion is achieved, LEGACY CONSTRUCTION shall prepare a Certificate of Substantial Completion establishing the date of Substantial Completion and the respective responsibilities of each Party for interim items such as security, maintenance, utilities, insurance, and damage to the Work, and fixing the time for completion of all items on the list accompanying the Certificate. The Certificate of Substantial Completion shall be submitted by LEGACY CONSTRUCTION to City and, if directed, to Design Professional for written acceptance of responsibilities assigned in the Certificate of Substantial Completion. d Unless otherwise provided in the Certificate of Substantial Completion, warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or a designated portion. Upon Citys written acceptance of the Certificate of Substantial Completion, City shall pay to LEGACY CONSTRUCTION the remaining retainage held by City for the Work described in the Certificate of Substantial Completion less a sum equal to one hundred and fifty percent (150%) of the estimated cost of completing or correcting remaining items on that part of the Work, as agreed to by the Parties as necessary to achieve Final Completion, including all close outs. Uncompleted items shall be completed by LEGACY CONSTRUCTION in a mutually agreed upon timeframe. 14. Final Completion: a. The Work shall be completed and ready for final payment in accordance with the GENERAL CONDITIONS within 340 calendar days after the date when the Contract Times commence to run. b. Upon notification from LEGACY CONSTRUCTION that the Work is complete and ready for final inspection and acceptance, City, with the assistance of its Design Professional shall promptly conduct an inspection to determine if the Work has been completed and is acceptable under the Contract Documents. c. When the Work is complete, LEGACY CONSTRUCTION shall prepare for City's written acceptance a final application for payment stating that to the best of LEGACY CONSTRUCTION'S knowledge, and based on City's inspections, the Work has reached Final Completion in accordance with the Contract Documents. d. Final payment shall be made to LEGACY CONSTRUCTION within thirty (30) Days of submitted application for final payment, pending the application has been approved by the City, including submissions required, and a Certificate of Final Completion has been executed by all Parties. e. Final payment shall be due on LEGACY CONSTRUCTION's submission of the following to the City: i. an affidavit declaring any indebtedness connected with the Work, to have been paid, satisfied, or to be paid with the proceeds of final payment, so as not to encumber City property; ii. as -built drawings, manuals, copies of warranties, and all other close-out documents required by the Contract Documents; iii. release of any liens, conditioned on final payment being received; iv. consent of any surety; and v. any outstanding known and unreported accidents or injuries experienced by LEGACY CONSTRUCTION or its Subcontractors at the Worksite. f. If, after Substantial Completion of the Work, the Final Completion of a portion of the Work is materially delayed through no fault of LEGACY CONSTRUCTION. If approved by City, they shall pay the balance due CONTRACT: Bid 25-38, Construction — Underwood Park, Phase 1 Page 11 of 20 City of Fayetteville, AR for any portion of the Work fully completed and accepted. If the remaining contract balance for Work not fully completed and accepted is less than the retained amount before payment, LEGACY CONSTRUCTION shall submit to City and, if directed, Design Professional the written consent of any surety to payment of the balance due for portions of the Work that are fully completed and accepted. Such payment shall not constitute a waiver of claims, but otherwise shall be governed by this section. ACCEPTANCE OF FINAL PAYMENT: Unless LEGACY CONSTRUCTION provides written identification of unsettled claims with an application for final payment, its acceptance of final payment constitutes a waiver of such claims. LEGACY CONSTRUCTION shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors and sub -subcontractors and before work begins on the project. LEGACY CONSTRUCTION shall give written notice to the material suppliers, subcontractors and sub - subcontractors providing work on the project that states the following: i. `According to Arkansas law, it is understood that no liens con be filed against public property if valid and enforceable payment and performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with ( name of surety V ii. LEGACY CONSTRUCTION shall have each subcontractor, sub -subcontractor and material supplier execute a written receipt evidencing acknowledgment of this statement prior to commencement of the work of the subcontractor or material supplier. 15. Liquidated Damages: LEGACY CONSTRUCTION accepts the provisions as to liquidated damages in the event of failure to complete the Work within the total completion time. Liquidated damages in the sum of $350.00 USD for each consecutive calendar day thereafter will be assessed. 16. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight courier. 17. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 18. Venue: Venue for all legal disputes shall be Washington County, Arkansas. 19. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing 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, LEGACY CONSTRUCTION shall 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. 20. 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. 21. Insurance: Before starting the Work and as a condition precedent to payment, LEGACY CONSTRUCTION shall procure and maintain in force Workers' Compensation Insurance, Employers' Liability Insurance, Business Automobile Liability insurance, and Commercial General Liability Insurance ("CGL"). The CGL policy shall include coverage for liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury, contractual liability, pollution coverage, and CONTRACT: Bid 25-38, Construction — Underwood Park, Phase 1 Page 12 of 20 City of Fayetteville, AR broad form property damage. LEGACY CONSTRUCTION shall maintain completed operations liability insurance for one year after Substantial Completion, or as required by the Contract Documents, whichever is longer. b. Employers' Liability, Business Automobile Liability, and CGL coverages required may be provided by a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella liability policies. c. LEGACY CONSTRUCTION shall maintain in effect all insurance coverage required with insurance companies lawfully authorized to do business in the jurisdiction in which the Project is located. If LEGACY CONSTRUCTION fails to obtain or maintain any insurance coverage required under this Agreement, City may purchase such coverage and charge the expense to LEGACY CONSTRUCTION or terminate this Agreement. d. To the extent commercially available to LEGACY CONSTRUCTION from its current insurance company, insurance policies required shall contain a provision that the insurance company or its designee shall give City written notice transmitted in paper and electronic format: (a) 30 Days before coverage is nonrenewed by the insurance company and (b) within 10 Business Days after cancelation of coverage by the insurance company. Before commencing the Work and upon renewal or replacement of the insurance policies, LEGACY CONSTRUCTION shall furnish City with certificates of insurance until one year after Substantial Completion or longer if required by the Contract Documents. In addition, if any insurance policy required is not to be immediately replaced without lapse in coverage when it expires, exhausts its limits, or is to be cancelled, LEGACY CONSTRUCTION shall give City prompt written notice upon actual or constructive knowledge of such condition. e. Certificates of Insurance shall list the City as Additional Insured Parties. f. PROPERTY INSURANCE: At no time shall any policy be covered by self-insurance or in a self -insured format, All policies shall be covered by an approved commercial insurance professional properly licensed to do business in Arkansas. Unless otherwise directed in writing by City, before starting the Work, LEGACY CONSTRUCTION shall obtain and maintain a Builder's Risk Policy upon the entire Project for the full cost of replacement at the time of loss, including existing structures. This insurance shall also (a) name LEGACY CONSTRUCTION, Subcontractors, Sub subcontractors, and Design Professional as named insureds; (b) be written in such form to cover all risks of physical loss except those specifically excluded by the policy; and (c) insure at least against and not exclude: 1. The perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft (except aircraft, including helicopter, operated by or on behalf of LEGACY CONSTRUCTION) and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind damage, testing if applicable, collapse, however caused; 2. Damage resulting from defective design, workmanship, or material; 3. Coverage extension for damage to existing buildings, plant, or other structures at the Worksite, when the Project is contained within or attached to such existing buildings, plant or structures. Coverage shall be to the extent loss or damage arises out of Constructor's activities or operations at the Project. 4. Equipment breakdown, including mechanical breakdown, electrical injury to electrical devices, explosion of steam equipment, and damage to steam equipment caused by a condition within the equipment, - CONTRACT: Bid 25-38, Construction — Underwood Park, Phase 1 Page 13 of 20 City of Fayetteville, AR 5. Testing coverage for running newly installed machinery and equipment at or beyond the specified limits of their capacity to determine whether they are fit for their intended use; and 5. Physical loss resulting from Terrorism, iii. The Party that is the primary cause of a Builder's Risk Policy claim shall be responsible for any deductible amounts or coinsurance payments. If no Party is the primary cause of a claim, then the Party obtaining and maintaining the Builder's Risk Policy shall be responsible for the deductible amounts or coinsurance payments. This policy shall provide for a waiver of subrogation, This insurance shall remain in effect until final payment has been made or until no person or entity other than City has an insurable interest in the properly to be covered by this insurance, whichever is sooner. Partial occupancy or use of the Work shall not commence until City has secured the consent of the insurance company or companies providing the coverage required in this subsection. Before commencing the Work, City shall provide a copy of the property policy or policies obtained. iv. If City elects to purchase the property insurance required by this Agreement, including all of the coverages and deductibles for the same durations specified, City shall give written notice to LEGACY CONSTRUCTION before the Work is commenced and provide a copy of the property policy or policies obtained in compliance with this agreement. City may then provide insurance to protect its interests and the interests of the Constructor, Subcontractors, Suppliers, and Subsubcontractors. The cost of this insurance shall be paid by City in a Change Order. If City gives written notice of its intent to purchase property insurance required by this Agreement and fails to purchase or maintain such insurance, City shall be responsible for costs reasonably attributed to such failure. v. The Parties each waive all rights against each other and their respective employees, agents, contractors, subcontractors, suppliers, sub subcontractors, and design professionals for damages caused by risks covered by the property insurance, except such rights as they may have to the proceeds of the insurance. To the extent of the limits of LEGACY CONSTRUCTION's Commercial General Liability Insurance, LEGACY CONSTRUCTION shall indemnify and hold harmless City against any and all liability, claims, demands, damages, losses, and expenses, including attorneys' fees, in connection with or arising out of any damage or alleged damage to any of City's existing adjacent property, including personal property, that may arise from the performance of the Work, to the extent caused by the negligent or intentionally wrongful acts or omissions of LEGACY CONSTRUCTION, Subcontractor, Supplier, Sub subcontractor, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. g. RISK OF LOSS: Except to the extent a loss is covered by applicable insurance, risk of loss from damage to the Work shall be upon the Party obtaining and maintaining the Builder's Risk until the Date of Final Completion. h. ADDITIONAL GENERAL LIABILITY COVERAGE: City shall require LEGACY CONSTRUCTION to purchase and maintain additional liability coverage. LEGACY CONSTRUCTION shall provide: i. Additional Insured. City shall be named as an additional insured on LEGACY CONSTRUCTION 's Commercial General Liability (CGL) specified, for on -going operations and completed operations, excess/umbrella liability, commercial automobile liability, and any required pollution liability, but only with respect to liability for bodily injury, property damage, or personal and advertising injury to the extent caused by the negligent acts or omissions of LEGACY CONSTRUCTION, or those acting on LEGACY CONSTRUCTION's behalf, in the performance of LEGACY CONSTRUCTION's work CONTRACT: Bid 25-38, Construction — Underwood Park, Phase 1 Page 14 of 20 City of Fayetteville, AR for the City of Fayetteville at the Worksite. The insurance of the LEGACY CONSTRUCTION and its Subcontractors (both primary and excess) shall be primary to any insurance available to the Additional Insureds. Any insurance available to the Additional Insureds shall be excess and non- contributory. ii. OCP. LEGACY CONSTRUCTION shall provide an Owners' (City) and Contractors' Protective Liability Insurance ("OCP") policy with limits equal to the limits on CGL specified, or limits as otherwise required by City. Any documented additional cost in the form of a surcharge associated with procuring the additional liability coverage in accordance with this subsection shall be paid by LEGACY CONSTRUCTION. Before commencing the Work, LEGACY CONSTRUCTION shall provide either a copy of the OCP policy, or a certificate and endorsement evidencing that City has been named as an additional insured, as applicable. i. ROYALTIES, PATENTS, AND COPYRIGHTS: LEGACY CONSTRUCTION shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods, or systems selected by LEGACY CONSTRUCTION and incorporated in the Work, LEGACY CONSTRUCTION shall defend, indemnify, and hold City harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection. PROFESSIONAL LIABILITY INSURANCE: To the extent LEGACY CONSTRUCTION is required to procure design services, LEGACY CONSTRUCTION shall require its design professionals to obtain a commercial professional liability insurance for claims arising from the negligent performance of professional services under this Agreement, with a company reasonably satisfactory to City, including coverage for all professional liability caused by any consultants to LEGACY CONSTRUCTION's design professional, written for not less than one million US dollars ($1,000,000) per claim and in the aggregate. LEGACY CONSTRUCTION's design professional shall pay the deductible. The Professional Liability Insurance shall contain a retroactive date providing prior acts coverage sufficient to cover all Services performed by LEGACY CONSTRUCTION's design professional for this Project. Coverage shall be continued in effect for the entire warranty period. 22. Professional Responsibility: LEGACY CONSTRUCTION will exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF FAYETTEVILLE will promptly report to LEGACY CONSTRUCTION any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so LEGACY CONSTRUCTION can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of LEGACY CONSTRUCTION. 23. Responsibility of the City of Fayetteville a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of LEGACY CONSTRUCTION: Provide full information as to the requirements for the Project. ii. Assist LEGACY CONSTRUCTION by placing at LEGACY CONSTRUCTION's disposal, all available information pertinent to the assignment including previous reports and any other data relative thereto. iii. Assist LEGACY CONSTRUCTION in obtaining access to property reasonably necessary for LEGACY CONSTRUCTION to perform its services. iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by LEGACY CONSTRUCTION and render in writing decisions pertaining thereto. CONTRACT: Bid 25-38, Construction — Underwood Park, Phase 1 Page 15 of 20 City of Fayetteville, AR v. Review all documents and provide written comments to LEGACY CONSTRUCTION in a timely manner. vi. The City of Fayetteville Park Planning Superintendent is the project representative with respect to the services to be performed under this Agreement. The Park Planning Superintendent Representative shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 24. Cost Opinions and Projections: Cost opinions and projections prepared by the LEGACY CONSTRUCTION relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, cost estimating, and operating results are based on LEGACY CONSTRUCTION's experience, qualifications, and judgment as a professional. 25. Period of Service: This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. a. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. LEGACY CONSTRUCTION shall proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. 26. Termination: a. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that LEGACY CONSTRUCTION is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but L No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to LEGACY CONSTRUCTION at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of LEGACY CONSTRUCTION's default. d. If termination for default is affected by LEGACY CONSTRUCTION, or if termination for convenience is affected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to LEGACY CONSTRUCTION for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by LEGACY CONSTRUCTION relating to commitments which had become firm prior to the termination. CONTRACT: Bid 25-38, Construction — Underwood Park, Phase 1 Page 16 of 20 City of Fayetteville, AR e. Upon receipt of a termination action under Paragraphs above, LEGACY CONSTRUCTION shall: i. Promptly discontinue all affected work (unless the notice directs otherwise), ii. Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by LEGACY CONSTRUCTION in performing this Agreement, whether completed or in process. f. Upon termination under sections above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. g. If, after termination for failure of LEGACY CONSTRUCTION to fulfill contractual obligations, it is determined that LEGACY CONSTRUCTION had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in this agreement. 27. Delays a. In the event the services of LEGACY CONSTRUCTION are suspended or delayed by CITY OF FAYETTEVILLE, or by other events beyond LEGACY CONSTRUCTION's reasonable control, LEGACY CONSTRUCTION shall be entitled to additional compensation and time for reasonable documented costs incurred by LEGACY CONSTRUCTION in temporarily closing down or delaying the Project. b. In the event the services are suspended or delayed by LEGACY CONSTRUCTION, CITY shall be entitled to compensation and time for reasonable costs incurred in temporarily closing down or delaying the Project. 28. Rights and Benefits: LEGACY CONSTRUCTION's services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 29. Dispute Resolution a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and LEGACY CONSTRUCTION which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or LEGACY CONSTRUCTION in the performance of this Agreement, and disputes concerning payment. b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in this agreement have been complied with. c. Notice of Dispute i. For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. i. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give LEGACY CONSTRUCTION written Notice at the address listed in this agreement within thirty (30) calendar days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. CONTRACT: Bid 25-38, Construction — Underwood Park, Phase 1 Page 17 of 20 City of Fayetteville, AR iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and LEGACY CONSTRUCTION shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of LEGACY CONSTRUCTION, and the Mayor of CITY OF FAYETTEVILLE or their designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 calendar days of the written request to resolve the dispute. 30. Sufficient Funds: The CITY represents to have sufficient funds or the means of obtaining funds to remit payment to LEGACY CONSTRUCTION for services rendered by LEGACY CONSTRUCTION. All parties agree if funding should become insufficient to complete the project, LEGACY CONSTRUCTION shall be notified in a timely manner. 31. Indemnification: The CITY requires LEGACY CONSTRUCTION to indemnify, defend and hold harmless the CITY OF FAYETTEVILLE for any loss caused by negligence and from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the LEGACY CONSTRUCTION, or their employees, agents, Subcontractors, sub consultant and Suppliers of LEGACY CONSTRUCTION. 32. Publications: Recognizing the importance of professional services on the part of LEGACY CONSTRUCTION's employees and the importance of LEGACY CONSTRUCTION's public relations, LEGACY CONSTRUCTION may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to LEGACY CONSTRUCTION's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to LEGACY CONSTRUCTION, CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of LEGACY CONSTRUCTION's activities pertaining to any such publication shall be for LEGACY CONSTRUCTION's account. 33. Ownership of Documents: a. All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. LEGACY CONSTRUCTION may retain reproduced copies of drawings and copies of other documents. Engineering and architectural documents, computer models, drawings, specifications and other hard copy or electronic media prepared by LEGACY CONSTRUCTION as part of the Services shall become the property of CITY OF FAYETTEVILLE when LEGACY CONSTRUCTION has been compensated for all Services rendered, provided, however, LEGACY CONSTRUCTION shall have the unrestricted right to their use. LEGACY CONSTRUCTION shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of LEGACY CONSTRUCTION. c. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. LEGACY CONSTRUCTION makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 34. Additional Responsibilities of LEGACY CONSTRUCTION: CONTRACT: Bid 25-38, Construction — Underwood Park, Phase 1 Page 18 of 20 City of Fayetteville, AR a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY shall not in any way relieve LEGACY CONSTRUCTION of responsibility for the technical adequacy of the work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. b. LEGACY CONSTRUCTION shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by LEGACY CONSTRUCTION's negligent performance, except beyond the LEGACY CONSTRUCTION's normal standard of care, of any of the services furnished under this Agreement, and except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. c. LEGACY CONSTRUCTION's obligations under this clause are in addition to LEGACY CONSTRUCTION's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against LEGACY CONSTRUCTION for faulty materials, equipment, or work. 35. Audit and Access to Records: a. LEGACY CONSTRUCTION shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. b. LEGACY CONSTRUCTION shall also maintain the financial information and data used by LEGACY CONSTRUCTION in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. LEGACY CONSTRUCTION will provide proper facilities for such access and inspection. c. Records shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. d. This right of access clause (with respect to financial records) applies to: i. Negotiated prime agreements ii. Negotiated change orders or agreement amendments affecting the price of any formally advertised, competitively awarded, fixed price agreement iii. Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier sub agreement or purchase order awarded after effective price competition, except: 1. With respect to record pertaining directly to sub agreement performance, excluding any financial records of LEGACY CONSTRUCTION; 2. If there is any indication that fraud, collusion, gross abuse or corrupt practices may be involved; 3. If the sub agreement is terminated for default or for convenience. CONTRACT: Bid 25-38, Construction — Underwood Park, Phase 1 Page 19 of 20 City of Fayetteville, AR 36. Covenant Against Contingent Fees: LEGACY CONSTRUCTION warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by LEGACY CONSTRUCTION for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 37. Gratuities: a. If CITY OF FAYETTEVILLE finds after a notice and hearing that LEGACY CONSTRUCTION or any of LEGACY CONSTRUCTION agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to LEGACY CONSTRUCTION terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. b. The CITY may pursue the same remedies against LEGACY CONSTRUCTION as it could pursue in the event of a breach of the Agreement by LEGACY CONSTRUCTION. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which shall be not less than three nor more than ten times the costs LEGACY CONSTRUCTION incurs in providing any such gratuities to any such officer or employee. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and LEGACY CONSTRUCTION MANAGEMENT, INC., by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: _ *� Molly Rawn, Mayor ATTEST By: Kara Paxton, City Clerk -Treasurer Date Signed 7/ 15/2025 U �AY[1TFV'LIL�'_ LEGACY CONSTRUCTION MANAGEMENT, INC By: SteveCollier, President Date Signed CONTRACT: Bid 25-38, Construction — Underwood Park, Phase 1 Page 20 of 20 City of Fayetteville, AR 7/15/2025 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number /Org2 PARKS & RECREATION (520) 2025 Requestor: Alan Bearden BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a contract with Legacy Construction Management is requested for Phase 1 construction at Underwood Park (Bid #25-38) in the amount of $3,628,930.66, plus a $250,000 project contingency. Additionally, approval is sought for a budget adjustment allocated by $2,759,892.00 from 2022 Bonds, $687,586.66 from 2024 Bonds, $181,452.00 from Parks Development Funds, and $250,000.00 from Park Land Dedication (PLD) Funds — Northwest Quadrant. RESOLUTION/ORDINANCE COUNCIL DATE: 7/15/2025 ITEM ID#: 2025-1034 Nolly Black 612312025 9:39 6M Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: CHKD/POSTED: TOTAL Account Number 250,000 250,000 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.2025513 Account Name 4705.860.7999-5899.00 (2,759,892) - 46050 7999 EX Unallocated - Budget 4705.860.7570-5806.00 2250.520.9256-4419.00 2,759,892 - - 250,000 46050 46050 7570 7570 EX RE Improvements - Park Greenspace Fees - NW 2250.520.9256-5911.99 2250.520.9255-5806.00 250,000 - (181,452) - 46050 13001 7570 1 EX EX Contingency - Capital Project Improvements - Park 2250.520.9255-5806.00 4805.860.7999-5899.00 181,452 - (687,587) - 46050 46050 7570 7999 EX EX Improvements - Park Unallocated - Budget 4805.860.7570-5806.00 687,587 - 46050 7570 EX Improvements - Park I of 1 CITY OF FAYETTEVILLE ARKANSKANSAS BID TABULATION Bid 25-38, Construction - Underwood Park, Phase 1 DEADLINE: Wednesday, June 4, 2025 at 2:00 PM Certification of Funds: $3,000,000.00 (53,750,000.W total ri lmyed) REJECTED - Incomplete Steelwork Industrial Group legacy Construction CDI Contractors Sullivan Contracting Services Milestone Construction Caddell Construction Management Company Total $270,559.46 $3,628,930.66 1 $4,106,338.99 $4,319,202.50 $4,251,597.88 $4,657,357.63 Lim IF Description oly I UOM Unit Extended Unit Extended I Unit Extended Unit Extended Unit Extended Una Extended General ulrements $4S35.00 $214,514.16 $301,695.26 $311,097.46 $3195]5.55 $616,290�8 11 Mobilization)Shall not exceed 5% of Total Bid Price) 1 Is $1.00 $1.00 $122,923.00 $122,923. $171,192.89 $171,192.89 $80,435.2B $80,435.29 $65,655.31 $66,555.31 $211,404.47 $211,404.47 1.2 Construction Staking 1 Is $100 $1.00 $10,517.13 ' $10,517.1 $43,836.76 $43,836.76 $14,911.96 $14,911.96 $49,600.00 $49,600.00 $53,205.70 $53,205.70 1S Bonds & Insurance 1 Is $100 $1.00 $41,64782 $41,647.4 $40,156.84 $40,156.84 $161,426.10 $161,426.10 $164,428.99 $164,428.99 $95,58341 $95,533.41 lA SWPPP 1 Is $1.00 $1.00 $20,784.21 $20,78464 $22,228.79 $22,228.79 $23,049.42 $23,049.42 $23,265.19 $23,265.19 $99,443.45 $99,443.45 1.5 Trench and Excavation Safety 1 Is $1.00 $1.W $2,103.43 $2,105.4 $1,184.78 $1,184.78 $1,229.50 $1,228.50 $1,240.00 $1,240.00 $6,34989 $6,34988 1.6 Tree Protection Fencingand Fencing for Temporary Trail 3219 If $1.00 $3,219.W $5.26 $16,931.94 $4.18 $13,45542 $4,34 $15,970.46 $4.38 $14,099.22 $4,86 $15,644.34 Detour 17 Required Construction Fencing along Multi -Use Trail,6 12M If $1.00 $1,200.00 $6.31 $7,572D $7.11 $8,532.00 $12.44 $14,928.00 $7.44 $8,928,00 $16,42 $19,704.00 fence panels 1.8 Temporary Gravel Path forTrail Detour - Compacted ILL sy $100 $111.00 $18.33 $2,034.63 $9.99 $1,107.78 $10.34 $1,14774 $10.44 $1,158,84 $134.73 $14,955,03 Sub rode and Class 7 Base Course Existing Conditions 29.00 $10,474.93 $11,601.]6 $11,23s.91 $UJW.42 $44,597.53 2.1 As phalt Street Cut Demo and Haul -Off 1 Is 51.00 11.00 145114 $412.24 $509.45 $509.45 $528.26 $528.26 $533.20 $533,20 $6,170.50 $6,170.50 2.2 Gravel Path Demo and Stockpile 128 cy $1.00 $128.00 $8.38 $I,OJ2.64 $9.44 $1,208.32 $9.79 $1,253.12 $9,88 $1,264.64 $5193 $6,775.04 2.3 Gravel Path Demo and Haul -Off 16 ov $100 $I800 $20.59 l $370.62 $2120 $417.60 $24,05 $432,90 $24.28 $437.04 $338.39 $6,091.02 2.4 Asphalt Sidewalk Demo and Haul -Off 76 cy $1.00 $76,00 $41.93 $3,18G68 $47.24 $3,59024 $48.98 $3,722.48 $49A4 $3,757.44 $116.26 $8,835.76 2.5 Demo Existing& Dispose of Existing Storm Structure 1 Is $1.00 51.W $475.9D $475,90 $536.70 $536.70 $555.90 $55590 $561.10 $561.10 $6,193.56 $6, 193.56 2.6 Site Prep- Clearing and Grubbing 5 $1.CD $5.00 $983.35 $4,91675 $1,107.77 $5,538,85 $1,148.65 $5,743.25 $1,159.40 $5,79J.00 $2, 104.33 $30,52165 Concrete $5,221.00 $271,000.57 $970Ali $487,813.98 531SA65.55 $443S05Az 3.1 Concrete Pavement, with 6' basecourse 899 sy $100 $899.00 $7282L .IS $110,63 $99,456.37 $11472 $103,133.29 $96,17 $86,456.83 $300.16 $90,043.84 3.2 Concrete Sidewalk, with 4"base course . 1873 by $1.00 $1,87300 $68.34.82 $97.53 $192,673.69 $101.13 $189,41649 $73,64 $137,927,72 $98.90 $185,239.70 Standard Curt & Gutter, does not include base course. 3.3 (Base Course is included in Asphalt Paving Geogrid 1007 If $1.00 $1,00J00 $27.34 $59.17 $59,584.19 $61.35 $61,779.45 $33.31 $33,543.17 $46.18 $46,503,26 Section with overbuild) Concrete Ribbon Curb around parking lot, does not 3A include base course. (Base Course is included in Asphalt 947 If $1.00 $947.00 $26.67.49 $64.17 $60,J6899 $6654 $63,013.38 $2835 $27,03685 $33,73 $31,942.31 Paving Geogrid Section with Overbuild) 3.5 Concete Ribbon Curb adjacent to greempace, with base 249 If $1.00 $249,W $27.34.66 $82.50 $20,542.50 $85,54 $21,299.46 $2950 $7,345.50 $59.91 $14,917.59 Be Mod died Curb and Gutter, with Base Course 78 If SIDI $78.00 $2667.26 $136.02 $10,609.56 $141,04 $11,001,12 $30.83 $2,404.74 $98.57 $7,688.463.7 Mountable Curb& Guttq does not include base course. 54 If 1100$5400$27.3436 $144.93 $7,826.22 $150.28 $8,115.12 $30.46 $1,644.84 $139.93 $7,556,2238 E levated Sidewalks, with Base Course 6 cy $100 $fi 00 $1,1669570 $2,727.79 $16,366.74 $2,925.34 $16,952.04 $1J83.59 $10,701.54 $6,314.68 $37,888.083.9 4 Concrete slab on grade below large prefabricated 108 sy $1.00 $108.00 $68.34$117.01 $12,637.08 $121.33 $13,103.64 $J9.67 $9,604.36 $201.11 $21,726.36 pavilion, with base course saetlall $122.00 $399,507.49 $256,502.91 $311,124.91 $.300,312.3t $290,244.36 4.1 Monument Sign 1 1s $100 $1.00 $22,034.43 $22,034.43 $31,1W.51 $31,107.51 $31,558.94 $31,55994 $2],016.12 $27,016,12 $28,279.75 $28,27975 42 Large Prefabricated Pavilion- 24'x34', povideroul 1 Is $1.00 $IN $65,256.67 65.256.67 $76,454,86 $76,454.86 $74,219.48 $74,229.48 $88,975,32 $88,975.32 $67,895.98 $67,995.98 steel framing, concrete footings, and metal roofing 4.3 15'1 Mpneslope Shelter 2 $1.00 $2.00 $30,112.64 fig125.28 $37,486.35 $74,972.70 $49,780.90 $99,561,80 $42,82481 $85,649.62 $28,628.93 $57,257.86 Picnic Tables - 8' long ADA accessible metal slatted, 4.4 surface mounted Picnic tables with surface mounted 4 ea $IN $4.00 $1,678.53' $6,714.12 $4,146.72 $16,586.88 $9,808,94 $39,235.36 $9,90065 $39,602.60 $9,616A4 $38,465.76 benches 4.5 Benches - Install Only, Material Provide! by Owner 8 $S 00 $8.00 $368. to $2,944.80 $414.67 $3,317.36 $429.98 $3,439.84 $845,12 $6,760.96 $1,414.90 $11,318.40 4.6 B. ke Racks - Install Only, Material Provided by Owner 8 SIN $8.00 $262.93 $2,103.44 $177,72 $1,42176 $184.28 $1,474.24 $180.48 $1,44384 $987.89 $7,903.12 4.7 Wheelstopa-Insta ll Only, Material Provided by Owner 45 ea $IN $45.00 $5)84-. $2,602.80 $118.48 $5,33160 $122.8S $5,528,25 $'I 400 $5,580.00 $399.00 $17,955.00 4.8 BOIIa Ms 8 $1.00 $8.00 $723.32 .$5,78656 $2,429.24 $19,433.92 $2,518.89 $20,151A2 $1,238.33 $9,90fi.64 $2,149.46 $17,195.68 4.9 Trash Cans Install Only, Material Provided by Owner ) $1.00 $7.00 $68361 �54,785.27 $186.18 $1,303.26 $193.05 $1,55135 $328.66 $2,300.62 $1,090.21 $7,633A7 4.10 Rapid Flashing Beacons 2 $I.00 $2.00 $9,688.38 19,376.76 $7,671.43 $15,302.86 $9,828.00 $19,656.00 $2,324.54 $4,649.06 $fi,706.63 $13,417.26 4.11 ADA Handrail 36 If $1.00 $36.00 $213.26^.$7,677.36 $31195 $11,230.20 $414.96 $14,938.56 $J89.62 $28,426.32 $636.78 $22,924.08 Electrical $104p34:46 $222,309.20 SIg A0.50 '5317,S25.23 $721ASI.s 189,75GA Electrical Secondary Service Line, 1-1/2" Conduit & Wire. 5.1 Some materials provided by owner,reference 1194 If $8A4 $10,077.36 $41.33 $49,348.D2 $15,64 $18,674,16 $36.86 $44,010.84 $41.62 $49,694.28 $13.36 $15,95184 Attachment B. 5.2 Electrical Primary Service Line 352 If $12.50 $4,400.00 $44.96 $15,925,92 $7.00 $2,464.00 $1l $38,920.64 $44.15 $15,540.80 $44.04 $15,502.08 5.3 Electrical Pull -Boxes, Owner Provided, Contractor 6 ea $163.86 $993.16 $2,o0070 - $12,004.20 $177.52 $1,065.12 $122.85 $737.10 $1,758.53 $10,551.18 $1,682.16 $10,092.96 Installed 5.4 Transformer Pad, Meter Can, Rough -In 1 a. $1,839.89 $1,839.89 $3,769.34 y$3)69.30 $3,623.05 $3,623.05 $3,073.25 $3,07315 $4,847.89 $4,847.89 $12,857.10 $12,857.10 5.5 Connect Site Lighting to Prefabricated Building Electric 1 ea $919.95 $919.95 $7,695.38 1$7,695.38 $7,452.25 $7,452.25 $14,742.00 $14,74200 S7,706.60 $7,706.60 $23,535,61 $23,53561 Panel 5.6 Visionalre VSg-1-TSLR Light Pales with RTAP 30ft Pole and 2 ea $7,152.00 $14,302.00 $11,326,42 22,652.80 514,892,06 $29,784.12 $20,884,50 $41,769.00 $11,320.69 $22,641.38 $12,101.82 $24,20364 foundation 57 Visionaire VS%-1-T3 Light Poles with RTAP 30ft Pole and 10 $7,15121 $71,51210 $11,101,35 $111,013.50 S11,73D 48 $117,30480 $18,427,50 $184,275.00 $11,087.94 $110,87940 $8,761.35 $8J613.50 foundation Earthwork S6019,13.00 $345,478./2 1 $399A62.69 $355.m.wi 247,8 &M 95 0.68 6.1 St rip 6" Topsoil and Stockpile Oni 21907 sy $too $21,807.00 $3.28 $71,52696 $3.64 $79,377,48 $3,77 $82,21139 $3,81 $83,094.67 $5.85 $127,570,95 6.2 Non-Structual Cut to Fill 708 cy $1.00 $708.00 $19.13 $13,544.04 $19.88 $14,075.04 $20,61 $14,591.88 $20,81 $16,73348 $25,29 $17,905,32 6.3 Undercut Unsuitable Soil &Use for Non -Structural Fill 1490 cy $100 $1,490,00 $13,42 $19.995. $14.32 $21,336,80 $14.85 $22,126.50 514.99 $22,335,10 $16.24 $24,197.60 6.4 U ndercut Unsuitable & Dispose of Off -Site 2099 cy $IN $2,099.00 $2160 $44,0]9: $23.09 $48,465.91 $2394 $50,250.06 $24.17 $50,732.83 $2271 $47,668.29 6.5 Compacted Import Select Fill 4749 cy $300 $4,749.00 $20.Ofi $95,264. $2234 $106,092.66 $23,17 $110,03,133 $2.32 $11,017.68 $20.54 $97,54446 6.6 Fine Grade& Compact Subgrade W78 sy $IN $6,078.00 $3.88 $23,582.64 $4.18 $25,406.04 $4.34 $26,378.52 $3.97 $24,129.66 $4.56 $27,715.68 6.7 Fine Grade Disturbed Greenspace 11486 sy $1.00 $11,486.00 $1.86 $21,363.96 $2.96 $33,998.56 $0.88 $10,I07.68 $0.89 $10,222.54 $2.22 $25,498.92 6.8 Spread 4"Topsoil from On -Site Stockpile in Disturbed 11486 sy $1.00 $11,486.00 $2.78 $31,93109 $3.99 $45,829.14 $1, 18 $13,553 .48 $083 $9,533.38 $3.11 $35,J214fi Greenspace 6.9 Undercut Unsuitable & Dispose of Off -Site (if needed Soo cy $1.00 $500.00 $2598 $12,990.00 $26.89 $13,445.00 $27.89 $13,945.00 $20.11 $10,05500 $34.73 $17,365.00 beyond design section) SID Compacted Import Select Fill (if needed beyond design 500 1 cy 1 $1.00 $5W.00 $22,401 511,200.00 $22.87 $11,435.00 $23.71 $11,855.00 $23,93 $11,965.00 $34J3 $17,365.00 section) Exteriorlmprovements $85,623.00 $1,076,583.98 $1,140,747.71 $1,219,527.14 $1,186,825.10 $1,467,601.76 Pavement Prep Section -Two (2) Layers Geogrid and 12" of class 7 base course compacted in place, below asphalt 7.1 pavement, concrete pavement, standard curb, ribbon 11203 by $1.00 $11,203.00 $38.10, $426,834.30 $41.64 $466,492.92 $43.18 $483,745.54 $43.36 $485,762.08 $43.55 $48),89065 curb, and mountable curb for driveway, parking stalls, trail crossing, and parking lot. Includes 2ft overbuild. 72 3" Standard Duty Aphalt Concrete Hot Mix Surface Course 3841 sy $1.00 $3,841.00 $3841 $147,532.81 $40.80 $156,712.80 $42.31 $162,512.71 $42.71 $164,049.11 $40.53 $155,675.73 (Superpave), with 6" base course 73 4" deep river stone strip along ribbon curb, with metal 72 sy $1.00 $72,00 $65,77 $4,735.44 $67.30 $4,845.60 $81.58 $5,873,76 $78.33 $5,639.76 $3,00100 $216,072.00 edging P ickleb ill Courts - Includes Vapor Barrier, Base Course, 74 Post -Tension Concrete and Reinforcement, Surfacing, 10792 sf $1.00 $10,792.00 $18.52 - $199,867.84 $23.96 $258,576.32 $21.19 $228,682.0 $23,04 $248,647.68 $16.32 $176,125.44 Striping, Install of Nets. Nets provided by owner. Does not include earthwork, fencing, or lighting. Basketball Courts - Includes base course, concrete, 7.5 scribing, install ofgoals. Goals provided by owner. Does 1160 of $1.00 $1,160.00 $1004 $11,64640 $15,64 $18,142.40 $17,58 $20,392.90 $10.92 $12,657,20 $29.76 $34,52160 not include earthwork, fencing, or lighting. 7.5 Perimeter Court Fencing 400 If $1.00 $400.00 $90.51 $36,20400 $71.57 $28,628.00 $99.48 $39,792.00 $64.20 $25,680.00 $63.01 $25,204.00 7.7 2"Ca1hper Trees 60 as $1.00 $60.00 $510.66 $30,639.60 $640.51 $38,430.60 $623,19 $37,391.40 $586.44 $35,186.40 $648.12 $38,887.20 7.8 Plants -2"Plugs 62" ea $300 $6,244.00 $13,50 $94,294.00 $4.67 $29,159.48 $8.51 $53,13&44 $8.02 $50,076.88 $9.96 $62,190.24 7.9 Bermuda Grass Seed 36654 if $1.00 $36,654.00 $0,12 ". $4,398,48 $0.21 $7,697.34 $0.26 $9,530.04 $0.24 $8,796.% $0.37 $13,561.98 7.10 Bermuda Sod 4693 sy $100 $4,693.00 $5.45 n$25,57685 $7.61 $35,713.73 $5A4 $25,529,92 $5.00 $23,465.00 $6.52 $30,598.36 7.21 Prairie Seed Min 7003 If $300 $7,003.00 $2,71 :" $18,97SA3 $0,94 $6,58282 $1,15 $8,053.45 $1.10 $7,703,30 $0.98 $6,86294 7.12 FireWne - No Parking Signs, Supply and Install 11 a. $1m $11.00 $157.76 $1,735,36 $236.96 $2,606.56 $767.81 $8,445.91 $1.86 $20.46 $1,304.55 $14,350.05 7.13 Striping -Parking Stalls 1520 g $100 $1,520.00 $048 S729.60 $1.18 $1,793.60 $6,11 $9,28720 $1.24 $1,884.80 $6.98 $10,M'So 7.14 Striping -Demoniac 1094 B $1.00 $1,094.00 $0.48 $525.12 $2.37 $2,592.78 $609 $6,662.46 $2.48 $2,713.12 $12.26 $13,412.44 7.15 Striping -24"Crosswalk 30 If $300 $30.00 $2145 $64350 $159,76 $4,762.80 $196,56 $5,896,80 $166A6 $4,984.80 $618.08 $18,542.40 7.16 Signs -Install Only, Posts and Signs Provided by Owner 18 so $1.00 $I8.00 $78.88 $1,419.94 $296.19 $5,331.42 $491.40 $8,845.20 $31000 $5,580.00 $659.99 $11,879.82 7.17 Truncated Domes 136 sf $1.00 $136.DO $27.61 $3,754,96 $75.71 $10,29656 $78.50 $10,676.00 $46,42 $6,313.12 $168.21 $22,876.56 7.18 Decorative Dry Stack Stone Wall, 3.5ft tall 165 If $1.00 $I65.00 $314,37 $51,871.05 $220.56 $36,392.40 $384,10 $63,376.50 $37143 $61.285.95 $355.20 $58,60800 7.19 Crushed Stone Path, with raw Steel edging 269 sy $1.00 $269,00 $3809 $10,246.21 $38.54 $10367.26 $45.54 $12,250.26 $43.70 $11755.30 $59.30 $15,951.70 7.20 1"CaliperTrees 9 $1.00 $9.00 $494.54 $4,450.86 $265.76 $2:391.84 $439.94 $3,959.46 $419.22 53:772,98 $100370 $9,033.30 7.21 Plants -3gal 8 $1.00 $8.00 $63.63 $509,04 $60.SJ $486,96 $93.1] $J45,36 $8800 $704.DO $793.95 $6,351.60 7.22 Striping- Standard Raised Concrete Trail Crosswalk 1 ea $100 $1.00 $3,680.99 $3,611 $4,14672 $4,I46J2 $5,82795 $5,82).95 $4,340.00 $4,340.00 $S,)29J5 $S,R9J5 7.23 Custom Concrete Stamp 1 240 sf $100 $240.00 $2629 $6,309.60 $35.82 $8,596.80 $37.14 $8,913.fi0 $65.82 $15,796.80 $]36.11 $32,666A0 Restroom $1.0D $265,272.43 $181,160,00 $156,602.81 $3]9,66].38 $i5Dp61.80 CXT Denali Prefab Restmom or Forma, 2022. Includes underclab rough -in and final connection to building by a 8.1 locally licensed plumber. Includes connecting powerto 1 Is $1.00 $1.00 $265,27243 $265,272.43 $187,164,00 $187,164.00 $158,601.81 $158,fi01.81 $179,66738 $179,667,38 $150,461.SO $150,461.80 p remenufactured building panel by a locally licensed electrician. Inwallrough in by premenufactured building supplier. Playground $6,32a.00 $736,903.% $334695.90 $848,376.87 1,p64,220.30 $685,13BA0 9.1 Boardwalk fkb reehouses) 1066 at $t oo $1,066.00 $46.14 :49.185.24 $50.31 $53,630,46 $52.17 $55,613.22 $52.66 $56,135.56 $52,17 $55,613.22 9.2 Boardwalk Netting and Installation (NSTmehouses) 1 Is $1.00 $1.00 $11,434.87 $11,43487 $12,88208 $12,882.08 $13,357.01 $18,357.01 $13,482.05 $13,482.05 $16,974,19 $16,874.19 Kompan Playground Equipment & Install plus freight includes: 9' swings with 6 standard seats, 2 toddler, I 9.3 duo swing seat, l accessible swing, spinner, giant ope I Is $100 $1.00 $168,326.59 $189,623.59 $199,623.59 $196,621.QD $196,621.40 $198,461.98 $198,461.98 $169,780.98 $169,780.98 wing, double zipllne, aipline platforms, 4 person seesaw, cowave pendulum swing) 9.4 EWF Surface Fill 3840 of $I00 $3,840.00 $6.19 �. ;60 `$46,351.36 $6.97 $26,764.80 $5,28 $12,595.20 $26,62 $102,220.80 $25,93 $99,571.20 9.5 Bonded Rubber Mulch Surface 1408 if $100 $1,408.00 $32.92 $37.08 $52,208.64 $39.26 $55,278118 $103.26 $145,390.08 $89.43 $125,917.44 9.6 Nompan Pobinu Tower 1 Is $1.00 $1.00 $358,648]9 $358,643]9 $404,019.69 5404,019.69 $418,929.93 $418,929.93 $422,851.53 $422,851.53 $%,944.83 $98,944.81 9.7 Bodark Benches, finishing and placement 3 ea $1.00 $3.00 $2,014.24 $6,012.72 $3,78181 $11,345.43 $3,921.37 $11,764.11 $3,959.08 Sit,874.24 $4,301.58 $12,904.74 98 Birds Nest, Tower Climbers, Balance Logs and Stepping 1 Is $1.00 $1.00 $41:598.99 $41,598.39 $45,677.90 $45,677.90 $47,363.30 $47,363.10 $4J,SO6A6 $47,806.46 $45,24J.fi0 $45,247.60 Stumps, (NSTTreehpusez) 9.9 mounds with tunnels -Forever Lawn 3 ea $1.00 $3.00 $10,51713 $31,551.39 $11,847.77 $35,543.31 $12,28494 $36,854.82 $21,999.20 $65,9W.E0 $20,094.J4 $69,284.22 UVIIUes $3,567.00 $276,885.63 $326A37.58 5281,843.6E $393,510,99 $431,2111 10.1 18" Nyoplast Drainage Basins with Dome Grates 3 ea Sur, $3,00 $3,21620 $9,648.60 $3,228.20 $9,684.60 $3,34632 $10,040,16 $3,203.73 $9,611.19 $4,70276 $14,10828 10.2 12" Nyoplast Drainage Basins with Dome Grates 4 ea $1.00 $4.00 $2,232,41 $8,929.64 $1,922.14 $7,688.56 $1,993.07 S7,972.28 $1,970.87 $7,893.4E $3,095.36 $12,391.44 10.3 8" Nyopast Drainage Basins with Dome Grates 6 a. $1.00 $6.00 $1,024.07 $6,144.42 $1,153.64 $6,921.84 $1,196.22 $7,177.32 $1,099.87 $6,599,22 $1,953.02 $11,718.12 10.4 4'x4'Jundion Box with Dome Grate 2 ea $1.00 $2.00 $11,55264 $23,105,29 $11,237.14 $22,474.29 $11,651.83 $23,31)3.66 $7,606.05 $15,212.10 $12,596.59 $25,173.19 10.5 6"Perforated HOPE 89 If $1.00 $89.00 $39.86 $3,547,54 $".90 $3,996.10 $46.56 $4,143.84 $35.56 $3,164.84 $103.23 $9,187.47 10.6 8" HOPE 164 If $1.00 $1fi4.00 $3&S2 $5,989.28 $41,14 $6,746.96 $42.65 $6,994,60 $39.34 $6,451,76 $70.53 $31,566.92 10.7 12" HDPE Drium., Pipe 388 If $1.00 $388.00 $38.17 ';. $14,809,96 $43.00 $16,684,00 $44.58 $17,297A4 $44.24 $17,1012 $51.96 $20,160.48 10.8 24" HDPE Drainage Pipe 140 If $1.00 $140.o0 $72.26 $10.116,40 $81.41 $11,397.40 $84A1 $11,817.40 $90.02 $12,602.80 $111.35 $15,589.00 10.9 Core 24" Into Existing Storm Junction Box &Grout Outlet 1 ea Sim $1.00 $2,103.43 $2,103.43 $3,554.33 $3,554,33 $2,457.00 52,457,00 $1,483.56 $1,483.56 $7,779.75 $7,P9.75 Pipe 10.10 29"x45" concrete box culverts 178 If $IAO $178.00 $25688 .$4.5,546.64 $2,1&33 $44,202.74 $257.49 $45,833.22 $282.38 $50,263.64 $247,03 $43,971.34 10.11 6x2 concrete box culverts 57 If Sim $57.00 $902.07 -.'$51.417.99 $974.63 $55,553,91 $1,010.60 $57,604,20 $1,246,73 $71,063.61 $943.72 $53,792.04 10.12 concrete headwalls, wingwalls, and level spreader 7 Cy $1.00 $7.00 $585.35 $4,09745 $1,777.17 $12,440.19 $1,229.50 $8,599.50 $916.54 $6,415.78 $4,624.36 $32,370.52 10.13 concreteaprons 2 cy Sim $2.00 $500.09 $1,000. is $2,369.55 $4,739,10 $114.72 $229.44 $779,59 $1,557.16 $4,%2.78 $9,995.56 20.14 29"x45" HERCP Flared End Section 4 ea $1.00 $4.00 $2,629.28 $10,517.12 $2,961.94 $11,847.76 $3,071.25 $12,285.00 $3,889.91 $15,559.64 $4,153.81 $16,615.24 1" tapping sleeve & Corp stop, tubing to meter setter, meter setter, and meter box, with install. Meter to be 10.25 provided and installed by the City of Fayetteville Utilities 3 as $1.0 $2.00 $9,46541 $18,9XI12 $14,809,72 $29,619.44 $3,071,25 $6,142.50 $22,688.90 $45,37780 $28,000.75 $56,001.50 Department. Impact fees by owner. Application for meter and coordination with water department by contactor. 10.18 1" I migation RPZ and Backflow P reventer.Backflow 1 $1.00 $1.00 $3,680.99 $3,630.99 $88358 $888.58 $1,348.82 $1,30.32 $1,361.45 $1,361.45 $17,004.00 $17,004.00 Pre enter provided by owner. 1" Domestic RPZ and Backflow Preventer and Frost -Free 10.19 Enclosure, with heat trace. Backflow Preventer provided 1 a $1.00 S1.0 $3,680.99 $3,680.99 $4,146,72 $4,146.72 $13,513.So $15,513, 50 $6,419.67 $6,419.67 $10, col $101000.00 by owner. 10.20 11/2" Domestic Water Line 963 If $1.00 $9630 $1367 $13,164.21 $15.40 $14,930.20 $3071 $29,57373 $24.71 $23,795.73 $2693 $25,837.29 10.21 11/2" Irrigation Lines 1399 If SIDI) $1,39300 $2.63 $3,676.74 $8,47 $11,841.06 $4,56 $6,374.88 $24.71 $34,544.58 $5.73 $8,010.54 10.22 Irrigation Hose Bibs, with boxes 11 as $1.00 $11ou $63.11 $694.21 $593.63 $6,530.48 $323.29 $3,556.19 $355AIR $3,915.78 $454.55 $5,000.05 10.23 4"PVC SS Service 145 If $1.00 $145.00 $8203 $11,894.35 $92,41 $13,39945 $36,86 $5,344.70 $213.28 $30,925.60 $98.97 $14,350.65 1024 Core'mto existm6manhCle and grout connection, 1 $1.00 $1.00 $24,SB9.39 $24,189.39 $27,249.88 $27,249.89 $6,234.64 $6,234.64 $22,136.48 $22,136.48 $10,614,90 $10,614.90 exteriordm DedaUve Alternate LNot Used -$261.00 SWJ32.13 -$79,309.0' 4130,035.67 -$185,133.41 -598,569.83 Dedurtve Alternate 2-Not Used - 1,moo -$96,680.36 -$106,11113 .$137,366.a .$137,141.47 .52,258,901.75 Deductive Alternate 3-Not Used -51,321,00 5382,27825 -$386,865.56 -S5 ,863.47 -$509,563.64 -$1)4,324.1fi award is contingent upon supplier meeting minimum specifications and formal authorization by City Officials. - urem veyel vpp ent agent Of ( (4 zS Kenny Fitch, Sr. Procurement Agent CITY OF Wo" FAYETTEVILLE ARKANSAS Bid 25-38 Addendum 6 Legacy Construction Management, Inc i Supplier Response C) �. Event Information ` Number: Bid 25-38 Addend Title: Construction - od P se 1 Type: Invitation to Issue Date: 4/20/2025 Deadline: 6/4/2025�0 P �� � Notes: The C' f yette ' le acce aled bfr properly lic m or the cons Phas r nderwood Park. Qu tions � this hould b sed to Kenny Fitch, Sr. Procure nt at tch fayett gov. Q Contact n ation Q Contact; y Fitch cure ,4 ent Addr chasi City Hj Q Roo 0 G . ountairkst. Fa eville, 701 Phone: 9) 57 Email: kfitch ville-ar.gov ve Page 1 of 12 pages Vendor: Legacy Construction Management, Bid 25-38 Addendum 6 Inc Legacy Construction Management, Inc Information Contact: Steve Collier Address: 3733 Wildcat Creek Blvd Fayetteville, AR 72704, AR 72704 Phone: (479) 841-0877 Email: scollier@legacy-const.com By submitting your response, you certify that you are authorized to represent and bind your company. Steve Collier Signature Submitted at 61412025 01:31:57 PM (CT) Requested Attachments scollier@legacy-const.com Email - KV Signature Forms for Bid 25-38 �^ - - Bid�grn.pdf ,` Please attach your completed forms. These documents a foun in E #01 - qct/Manu die Attachments tab. Please be sure to include ALL required info stated in h tect Mar> Bid Bond for Bid 25-38 '( Bid Bo� Please attach a signed and completed cop r bid bo bonds ' e orm a ier's check shall be delivered to CityHall Purchasing Divisi o e bid d and have a of er's check uploaded with � g pY p submittal. O � Bid Attributes 1 Arkansas Secretary of Stayf Filin fir: 81-5151498 SAM # - ZGCKYMGB 9MGZ 2 Arkansas Contractor Li tuber: Contractor's License must a classif' ii relatin??4 scope of this project. 0372390525 3 Check Yes or Pursuant Arkansas ode tt ed §25- 0 the Contractor agrees and certifies that they do not currently boycott Israel and will t o ott Israel uring any time in which they are entering into, or while in contract, with any public enti as ed in 03. If at any time during contract the contractor decides to boycott Israel, the contractor notify th �ctcted public entity in writing. ❑✓ Yes, I agree ❑ No, I don't agree Page 2 of 12 pages Vendor: Legacy Construction Management, Bid 25-38 Addendum 6 Inc 4 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. ❑✓ Yes, I agree ❑ No, I don't agree 5 Addendum Acknowledgement: By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. 2 1 agree Bid Lines +�() ,.� �k�' Package Header lop General Requirements [\� �� V 224 14.1 ,5 6 UOM.: EA T $ Quantity: 1 Package Items � 1.1 Mobilization (Shall not exceed % f Tot id e) Quantity: 1 UOM: P107 $ 3.00 Total: $122,923.00 1.2 Construction Staking ,� Quantity: 1 UOM: Is rice: $10,517.13 Total: $10,517.13 1.3 Bonds & Insurance <43400, O Quantity: 1 UOM: s dON r $41,647.82 Total: $41,647.82 1.4 SWPPP • Quantity: Is Price: $20,784.21 Total: $20,784.21 1.5 Trench and c ation Quantity: 1 Price: $2,103.43 Total: $2,103.43 1.6 Tree Protectionfor Temporary Trail Detour qIE6 Quantity: 3219 Price: $5.26 Total: $16,931.94 1.7 Required Construction F i along Multi -Use Trail, 6' fence panels Quantity: 1200 U Price: I Total: $7,572.00 1.8 Temporary Gra P for Trail Detour - Compacted Subgrade and Class 7 Base Course Quantity: 111 UOM: sy Price: F $18.33 1 Total: 1 $2,034.63 2 I Packaae Header Existing Conditions Quantity 1 UOM: EA Total: $10,474.83 Page 3 of 12 pages Vendor: Legacy Construction Management, Bid 25-38 Addendum 6 Inc Package Items 2.1 Asphalt Street Cut Demo and Haul -Off Quantity: 1 UOM: Is Price: $452.24 Total: $452.24 2.2 Gravel Path Demo and Stockpile Quantity: 128 UOM: cy Price: F $8.38 Total: 1 $1,072.64 2.3 Gravel Path Demo and Haul -Off Quantity: 18 UOM: cy Price: F $20.59 Total: 1$370.62 2.4 Asphalt Sidewalk Demo and Haul -Off Quantity: 76 UOM: cy Price: F $41.93 Total: 1 $3,186.68 2.5 Demo Existing & Dispose of Existing Storm Structure Quantity: 1 UOM: Is Price: $475.9e To al: $475.90 2.6 Site Prep - Clearing and Grubbing Quantity: 5 UOM: ac rice: 83.35 tal: 916.75 3 Package Header Concrete Quantity: 1 UOM: EA T $271,000.57 Package Items 3.1 Concrete Pavement, with 6" cours� Quantity: 899 UOM: P 1 72.82 Total: $65,465.18 3.2 Concrete Sidewalk, with " base!b^ Q* Quantity: 1873 UOM: s rice: $68.34 Total: $128,000.82 IF 3.3 Standard Curb & Gutter, �G includ� course Course is included in Asphalt Paving Geogrid Section with Overbuil O Quantity: 1007 M: 1 $27.34 Total: $27,531.38 3.4 Concrete Rob around a g lot, d t include base course. (Base Course is included in Asphalt Paving Ge r'tion it uild O Quantity: 947 UOM: If Price: $26.67 Total: $25,256.49 3.5 Concrete Ribbon a 'scent to reenspace, with base course Quantity: 249 . If Price: $27.34 Total: $6,807.66 3.6 Modified Curb and Gutter vase Course Quantity: 78 UOM- Price: $26.67 Total: $2,080.26 3.7 Mountable Curbs 41 , does not include base course. Quantity: 54 U\o111 If Price: $27.34 Total: $1,476.36 3.8 Elevated Sidewalks, with Base Course Quantity: 6 UOM: cy Price: $1,166.95 Total: $7,001.70 3.9 4" Concrete slab on grade below large prefabricated pavilion, with base course Quantity: 108 UOM: sy Price: F $68.34 Total: $7,380.72 Page 4 of 12 pages Vendor: Legacy Construction Management, Bid 25-38 Addendum 6 Inc 4 Package Header Specialties Quantity: 1 UOM: EA Package Items 4.1 Monument Sign Quantity: 1 UOM: Is Total: $199,507.49 Price: 1 $22,034.43 Total: 1 $22,034.43 4.2 Large Prefabricated Pavilion - 24'x34', powder coated steel framing, concrete footings, and metal roofing Quantity: 1 UOM: Is Price: 1 $65,256.67 Total: $65,256.67 4.3 15'X20' Monoslope Shelter Quantity: 2 UOM: ea Price: $30,112.64 Total: $60,225.28 4.4 Picnic Tables - 8' long ADA accessible metal slatted, surface mounted picnidotables with surface ounted benches Quantity: 4 UOM: ea rice: ♦ 1 78.53 Avicotal: ,714.12 4.5 Benches - Install Only, Material Provided by Ow Quantity: 8 UOM: ea Price: $3 Total: $2,944.80 4.6 Bike Racks - Install Only, Material Provi wner Quantity: 8 UOM: ea $262. I: $2,103.44 4.7 Wheelstops - Install Only, Materided b Quantity: 45 UOM: ea Price- ♦ . 4 Total: $2,602.80 4.8 Bollards Quantity: 8 UOM: a ri723.32 Total: $5,786.56 4.9 Trash Cans - Install Only, Mat i idled t 0 r Quantity: 7 UOM: eadd.4 (VPri $683.61 Total: $4,785.27 4.10 Rapid Flashing Bea IV' Quantity: 2 ice: $9,688.38 Total: $19,376.76 4.11 ADA Handr ' ♦ � ✓✓ Quantity: OM: If�� O Price: $213.26 Total: $7,677.36 5 Package Head Electrical Quantity: 1 UOM Package Items 5.1 Electrical Seconl Attachment B. j - cil EA G" Total: $222,309.20 rvice Line. 1-1/2" Conduit & Wire. Some materials provided by owner, reference Quantity: 1194 UOM: If 5.2 Electrical Primary Service Line Quantity: 352 UOM: If Price: I Total: 1 $49,348.02 Price: I Total: 1 $15,825.92 5.3 Electrical Pull -Boxes, Owner Provided, Contractor Installed Quantity: 6 UOM: ea Price: 1 Total: 1 $12,004.20 Page 5 of 12 pages Vendor: Legacy Construction Management, Bid 25-38 Addendum 6 Inc 5.4 Transformer Pad, Meter Can, Rough -In Quantity: 1 UOM: ea Price: $3,769.34 Total: $3,769.34 5.5 Connect Site Lighting to Prefabricated Building Electric Panel Quantity: 1 UOM: ea Price: 1 $7,695.38 Total: $7,695.38 5.6 Visionaire VSX-1-T5LR Light Poles with RTAP 30ft Pole and foundation Quantity: 2 UOM: ea Price: 1 $11,326.42 Total: $22,652.84 5.7 Visionaire VSX-1-T3 Light Poles with RTAP 30ft Pole and foundation Quantity: 10 UOM: ea Price: 1 $11,101.35 Total: $111,013.50 6 Package Header Earthwork Quantity: 1 UOM: EA otal:h, $3 478.42 Package Items 6.1 Strip 6" Topsoil and Stockpile On -Site Quantity: 21807 UOM: sy Price: Total: $71,526.96 6.2 Non -Structural Cut to Fill Quantity: 708 UOM: c $19. I: $13,544.04 6.3 Undercut Unsuitable Soil & Use f V -Struc i Quantity: 1490 UOM: cy Prig 2 Total: $19,995.80 6.4 Undercut Unsuitable s o Off -Si Quantity: 2099 UOM: riZ'�: • $21.00 Total: $44,079.00 6.5 Compacted Import Select Fill Quantity: 4749 UOM: V Pri $20.06 Total: $95 264.94 6.6 Fine Grade & Compa u de O �rs Quantity: 6078 M: _K�ice: $3.88 Total: $23,582.64 6.7 Fine Grade reens e O Quantity: 1 6 UOM: Price: $1.86 Total: $21,363.96 6.8 Spread 4" Topsoil fro ite Stock ' ' Disturbed Greenspace Quantity: 1148 s Price: I Total: $31,931.08 6.9 Undercut Unsuita & Disp -Site (if needed beyond design section) Quantity: 500 UOM: v�► Price: $25.98 Total: 1 $12,990.00 6.10 Compacted Import 0"ll (if needed beyond design section) Quantity: 500 O : cy Price: $22.40 Total: $11,200.00 7 1 Package Header Exterior Improvements Quantity: 1 UOM: EA Page 6 of 12 pages Vendor: Legacy Construction Management, Inc Total: $1,076,583.98 Bid 25-38 Addendum 6 Package Items 7.1 Pavement Prep Section - Two (2) Layers Geogrid and 12" of class 7 base course compacted in place, below asphalt pavement, concrete pavement, standard curb, ribbon curb, and mountable curb for driveway, parking stalls, trail crossing, and parking lot. Includes 2ft overbuild. Quantity: 11203 UOM: sy Price: I Total: $426,834.30 7.2 3" Standard Duty Aphalt Concrete Hot Mix Surface Course (Superpave), with 6" base course Quantity: 3841 UOM: sy Price: I Total: $147,532.81 7.3 4" deep river stone strip along ribbon curb, with metal edging Quantity: 72 UOM: sy Price: F $65.77 1 Total: 1 $4,735.44 7.4 Pickleball Courts - Includes Vapor Barrier, Base Course, Post -Tension Concrete and Reinforcement, Surfacing, Striping, Install of Nets. Nets provided by owner. Does not include earthwork, fencing, or lighting. Quantity: 10792 UOM: sf Price: 1 7.5 Basketball Courts - Includes base course, concrete, striping, install not include earthwork, fencing, or lighting. +' Quantity: 1160 UOM: sf Pre: 7.6 Perimeter Court Fencing Quantity: 400 UOM: If Prime. 7.7 2" Caliper Trees Quantity: 60 UOM: ea �1'ice: Nor 7.8 Plants - 2" Plugs Quantity: 6244 UO a P 7.9 Bermuda Grass Seed fa Quantity: 36654 UOM: sf rice: 7.10 Bermuda Sod Quantity: 4693 7.11 Prairie Seed Mix Quantity: 7.12 Fire Lane Quantity: 1 7.13 Striping - Pa Quantity: 1520 '40OM: If 7.14 Striping - Centerline Quantity: 1094 U 7.15 Striping - 24" Ns k To I: $1 9,867.84 �s. Goals r ded by o� Does $10. tal � Price: $2.71 11,646.40 A " $36,204.00 1 otal: $30,639.60 Total: 1 $84,294.00 Total: I$4,398.48 Total: 1$25,576.85 Total: 1 $18,978.13 Price: I Total: 1 $1,735.36 Price: I Total: 1 $729.60 Price: I Total: 1 $525.12 Quantity: 30 UOM: If Price: 1$21.45 7.16 Signs - Install Only, Posts and Signs Provided by Owner Quantity: 18 UOM: ea Price: $78.88 7.17 Truncated Domes Quantity: 136 UOM: sf Total: 1 $643.50 Total: 1 $1, 419.84 Price: I Total: 1 $3,754.96 Page 7 of 12 pages Vendor: Legacy Construction Management, Bid 25-38 Addendum 6 Inc 7.18 Decorative Dry Stack Stone Wall, 3.5ft tall Quantity: 165 UOM: If Price: $314.37 Total: $51,871.05 7.19 Crushed Stone Path, with raw steel edging Quantity: 269 UOM: sy Price: $38.09 Total: $10,246.21 7.20 1" Caliper Trees Quantity: 9 UOM: EA Price: $494.54 Total: $4,450.86 7.21 Plants — 3 gal Quantity: 8 UOM: EA Price: $63.63 Total: $509.04 7.22 Striping - Standard Raised Concrete Trail Crosswalk Quantity: 1 UOM: ea Price: $3,680.99 Total: $3,680.99 7.23 Custom Concrete Stamp Quantity: 240 UOM: sf Price: 2 9 To 309.60 8 Package HeaderC I — • Restroom • Quantity: 1 UOM: EA otal: $265,272.43 Package Items 8.1 CXT Denali Prefab Restroom or c 2022 u es under4tb rough -in a nal connection to building by a locally licensed plumber. licensed electrician. In -wall s co tin powe premanuf cd building Inby em u acture b g supe panel by a locally Quantity: 1 UOM: i 2.43 Total: $265,272.43 9 Package Header 'P �L Playground Quantity: 1 UOM: EA Total: $736,903.95 Package Items 9.1 Boardwalk Mouses) Y � Quantit : 10 UOM: O Price: $46.14 1 Total: $49,185.24 9.2 Boardwalk Nettin N allatioA(Sehous es) Quantity: 1 M Is Price: $11,434.87 Total: $11,434.87 9.3 Kompan Playground Equip Install plus freight (includes: 9' swings with 6 standard seats, 2 toddler, 1 duo swing seat, 1 acce ing, spinner, giant rope swing, double zipline, zipline platforms, 4 person seesaw, cocowave p swing) Quantity: 1 Nifll*� 9.4 EWF Surface Quantity: 3840 UOM: sf 9.5 Bonded Rubber Mulch Surface Quantity: 1408 UOM: sf 9.6 Kompan Robinia Tower Quantity: 1 UOM: Is Price: 1 $168,326.59 1 Total: 1 $168,326.59 Price: I Total: 1 $23,769.60 Price: I Total: 1 $46,351.36 Price: 1 $358,643.79 Total: 1 $358,643.79 Page 8 of 12 pages Vendor: Legacy Construction Management, Bid 25-38 Addendum 6 Inc 9.7 Bodark Benches, finishing and placement 1 0 Quantity: 3 UOM: ea Price: 1 $2,014.24 Total: $6,042.72 9.8 Birds Nest, Tower Climbers, Balance Logs and Stepping Stumps, (NST Treehouses) Quantity: 1 UOM: Is Price: $41,598.39 Total: $41,598.39 9.9 mounds with tunnels - Forever Lawn Quantity: 3 UOM: ea 9.10 Line deleted as part of an Addendum Package Header Utilities Quantity 1 UOM: EA Package Items Price: 1 $10,517.13 Total: 1 $31,551.39 10.1 18" Nyoplast Drainage Basins with Dome Grat Quantity: 3 UOM: ea Cice: 10.2 12" Nyoplast Drainage Basins with Do L` Quantity: 4 UOM: ea P K 10.3 8" Nyoplast Drainage Basins with Grates Quantity: 6 UOM: ea Price 10.4 4'x4' Junction Box with DQ� to r 1 It Quantity: 2 UOM: 10.5 6" Perforated HDPE Quantity: 89 10.6 8" HDPE Quantity: 164 10.7 12" HDPE Dr�i Quantity: 10.8 24" HDPE Quantity: 140 10.9 Core 24" Into Quantity: 1 UOM: ea 10.10 29"x45" concrete box(cLt� Quantity: 1 T 10.11 6x2 concrete TceaI: $276,885.63 Ral F $8,929.641 Total: $6,144.42 Total: $23,105.28 Total: I$3, 547.54 Total: I$5,989.28 Price: I Total: 1 $14,809.96 Price: $72.26 Box & Grout Outlet Pipe Price: 1 $2,103.43 Total: 1 $10,116.40 Total: 1 $2,103.43 Price: I Total: 1 $45,546.64 Quantity: 57 UOM: If Price: $902.07 Total: $51,417.99 10.12 concrete headwalls, wingwalls, and level spreader Quantity: 7 UOM: cy Price: $585.35 Total: $4,097.45 10.13 concrete aprons Quantity: 2 UOM: Price: I Total: 1 $1,000.18 Page 9 of 12 pages Vendor: Legacy Construction Management, Bid 25-38 Addendum 6 Inc 10.14 29"x45" HERCP Flared End Section Quantity 4 UOM: ea Price: 1 Total: 1 $10,517.12 10.15 1" tapping sleeve & corp stop, tubing to meter setter, meter setter, and meter box, with install. Meter to be provided and installed by the City of Fayetteville Utilities Department. Impact fees by owner. Application for meter and coordination with water department by contractor. Quantity: 2 UOM: ea Price: 1 $9,465.41 Total: $18,930.82 10.16 Line deleted as part of an Addendum 10.17 Line deleted as part of an Addendum 10.18 1" Irrigation RPZ and Backflow Preventer. Backflow Preventer provided by owner. Quantity: 1 UOM: ea Price: 1 $3,680.99 Total: $3,680.99 10.19 1" Domestic RPZ and Backflow Preventer and Frost -Free Enclosure, withoieat trace. Backflow Preventer provided by owner. Quantity: 1 UOM: ea rice: ♦ 99 6otal: 80.99 10.20 1 1/2" Domestic Water Line Quantity: 963 UOM: If Price: $ Total: $13,164.21 10.21 1 1/2" Irrigation Lines ` �� .4e �i 1398 M: If U Quantity:UO 10.22 Irrigation Hose Bibs, with boxeF �✓ Quantity: 11 UOM: ea Price!! 10.23 4" PVC SS Service ` Quantity. 145 UO rat. 10.24 Core into existing man ole conr�cti with $694.21 $82.03 Total: $11,894.35 Quantity: 1 UOM: A A `' 0 Price:ALQ $24,189.39 1 Total: F $24,189.39 Package Header Stack all an Deductive Alternat% 1`6 Quantity: 1 SEA Package Items Rubber Mulch Total: $52,688.61 11.1 Decorative Dry S t ne WAft tall Quantity: 165 If Price: $298.91 Total: $49,320.15 11.2 Crushed Stone Path wi teel edging Quantity: 93 UO Price: $36.22 Total: $3,368.46 11.3 Bonded Rubbul _ urface Quantity: 1, 8 OM: sf Price: $31.08 Total: $43,760.64 11.4 Add EWF Surface Fill (will replace Bonded Rubber Mulch Surface as a cheaper alternative) Quantity: 1408 UOM: sf Price: $5.89 Total: $8,293.12 11.5 Bodark Benches, finishing and placement Quantity: 3 UOM: EA Price: $3,192.00 1 Total: $9,576.00 Page 10 of 12 pages Vendor: Legacy Construction Management, Bid 25-38 Addendum 6 Inc 2 Package Header Deductive Alternate 2 - 15 Parking Stalls, Pavilion, and Concrete Slab Quantity: 1 UOM: EA Total: $20,379.50 Package Items 12.1 Standard Curb & Gutter, does not include base course. (Base Course is included in Asphalt Paving Geogrid Section with Overbuild) Quantity: 88 UOM: If Price: $22.00 Total: $1,936.00 12.2 Wheelstops - Install Only, Material Provided by Owner Quantity: 15 UOM: ea Price: $55.00 Total: $825.00 12.3 Undercut Unsuitable & Dispose of Off -Site Quantity: 59 UOM: cy Price: Total: $1,149.91 12.4 Fine Grade & Compact Subgrade Quantity: 523 UOM: sy 3.53 tal: 846.19 12.5 Pavement Prep Section - Two (2) Layers Geo a d 12" o base comp place, below asphalt pavement, concrete pavemenj stan and cur on cur ounta for driveway, parking stalls, trail crossing, and parkin I des 2 e uild. Quantity: 416 UOM: sy P 5.15 $14,622.40 12.6 4" Concrete slab on grade below a refabri avilion, wit ase c r v Quantity: 108 UOM: s ice, $ .0 Total: $5,832.00 12.7 Large Prefabricated Pavili x34', ow r coated aming to footings, and metal roofing Quantity: 1 UOM: i 48.00 Total: F $62,048.00 12.8 3" Standard Duty Asph t Co Nix S e Cours pave), with 6" base course Quantity: 371 UOM: sV, Price: $30.00 Total: $11,130.00 12.9 Add Bermuda Sod (will a prefabr'iais pavilio, n grade and eastern 15 parking stalls as a cheaper alternative) O Quantity: 523 M: ice: $5.18 1 Total: $2,709.14 3 Package AOW Deductive Alternat 3 - B I Court ecting Sidewalk, Picnic Tables, and Playground Tower Quantity: 1 UO Total: F $388,566.77 Package Items 13.1 Concrete Sidewalk, wi se course. Quantity: 478 UO k Price: $54.00 Total: $25,812.00 13.2 Kompan Robini To er Quantity: 1 UOM: Is Price: $340,009.30 Total: $340,009.30 13.3 Picnic Tables - 8' long ADA accessible metal slatted, surface mounted picnic tables with surface mounted benches Quantity: 4 UOM: ea Price: $1,596.00 Total: $6,384.00 13.4 Undercut Unsuitable Soil & Dispose of Off -Site Quantity: 71 UOM: cy Price: $19.49 Total: $1,383.79 Page 11 of 12 pages Vendor: Legacy Construction Management, Bid 25-38 Addendum 6 Inc 13.5 Fine Grade & Compact Subgrade Quantity: 214 UOM: sy Price: $3.53 Total: $755.42 13.6 Basketball Courts - Includes base course, concrete, striping, install of goals. Goals provided by owner. Does not include earthwork, fencing, or lighting. Quantity: 1160 UOM: sf Price: $9.55 Total: $11,078.00 13.7 Add Bermuda Sod (will replace basketball courts and concrete sidewalk as a cheaper alternative) Quantity: 607 UOM: sy Price: 1 $5.18 Total: $3,144.26 Response Total: $4,090,565.54 Page 12 of 12 pages Vendor: Legacy Construction Management, Bid 25-38 Addendum 6 Inc CITY OF FAYETTEVILLE, ARKANSAS: Bid 25-38, Construction — Underwood Park, Phase 1 SECTION 02 BID FORM Bid Number: 25-38, Construction — Underwood Park, Phase 1 BID TO: Owner: The City of Fayetteville, Arkansas ' 113 West Mountain Street �^ Fayetteville, Arkansas 72701 ♦ O C) �. BID FROM. G Bidder: LEGACY CONSTRtUCTIO ANY, INC J► 3733 WILDCAT CREEK FAYETTVILLE AR 7 � O ARTICLE 1 - INTENT 1.01 The undersigned Bi oposes an if this i ' accepted, to enter into an agreement with Owner in the for i 1 d in the of Docu to perform and furnish all Work as specified or indicated in t on act Docu s for the i i�c and within the Bid time indicated in this Bid and in acco h the o erms and o s of the Contract Documents. ARTICLE 2 - 2.01 Bidder accN 1 terms atcQnitions of the Invitation to Bid and Instructions to Bidders, including without limitation th s /►ling with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 d s Ver the day of Bid opening. Bidder will sign and deliver the required number of counte artshe Agreement with the Bonds and other documents required by the Bidding Requirement hin 15 days after the date of Owner's Notice of Award. SECTION 02 — BID FORM 1 CITY OF FAYETTEVILLE, ARKANSAS: Bid 25-38, Construction — Underwood Park, Phase 1 ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, IED C. !IJ E. F G receipt of all which is hereby acknowledged: Number Date MAY 1, 2025 MAY 12, 2025 MAY 16, 2025 MAY 1, 2025ongri •♦e) JU , 2025 G • � ♦ Bidder has visited the Sit come faith an !tiied t th neral, local, and Site conditions that ct cost, p s, perform ce, and f in of the Work. Bidder is fami and i sati Zed as to eral, stag anocal Laws and Regulations that may t, pro ress, perfo urnish' t e Work. Bidder is aware o ti► eral na e o ork to rmed by Owner and others at the Site that relates tV for whic is subyP1 s indicated in the Contract Documents. Bidd has JOelated h mation�to Bidder, information and observations obtained fi* vi s to the eports, d �ings identified in the Contract Documents, and all .nal e r ns, i s a ns, explorations, tests, studies, and data with the Contract V cumen . Bi er s given ing Division written notice of all conflicts, errors, ambiguities, or discrepancies t der has discovered in the Contract Documents, and the written resolution bb sing thereof r Division is acceptable to Bidder. V Th o act 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. ONE TWO THREE FOUR FIVE SIX H. 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, SECTION 02 — BID FORM 2 CITY OF FAYETTEVILLE, ARKANSAS: Bid 25-38, Construction — Underwood Park, Phase 1 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 Owner. I. Upon receipt of written notice of acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by the General Conditions. The bid security attached in the sum of $ 5% t is to become the property of the Own n the event the nt ct and 0itional are not xiR�d within the time set forth above, as liq 'dat damag e delay 0 eAlLeNiii6 to the Owner caused thereby. ♦ ARTICLE 4 -CONTRACT TIMES 4.01 4.02 4.03 Bidder agrees that the Work i ubstanti mpleted ajlol completed d ady for final payment My 310 consecutive cal d days ®date a led in n notice to proceed. Total completion shall k� onseculalendarom the d tt stablished in a written notice to �` • aNe'cutive proceed. The bidde agrees tigyidate a s for �r� calendar day thereafter the total completion time.` � G O � Bidder accepts t r isions a Couidated ties in the event of failure to complete the Work within theo ompletion quidate es in the sum of $_350.00 for each consecutive calen r ereafter assesse ,- pool* !or the completion of the Work included in the Contract will be stated in the be known as the "Contract Time". The contract time will be specified as take into consideration all normal conditions considered unfavorable to the normal progress of theVork and place a sufficient work force and equipment on the project to ensure completion of the Work within the contract time. The Park Planning Superintendent will determine the date upon which the Contract is substantially complete and time assessment will cease. In the event cleanup is necessary or items found at the final inspection are to SECTION 02 — BID FORM 3 CITY OF FAYETTEVILLE, ARKANSAS: Bid 25-38, Construction — Underwood Park, Phase 1 !AKIZA! be corrected, the Contractor shall complete this work in a timely manner or the Park Planning Superintendent will resume time charges. (b) Calendar Day. Calendar day contract time includes delays for normal weather -related events, such as rain, snow, and freezing temperatures that may affect the progress of the construction in the following amounts on a per -month basis as hereinafter set out. Only weather -related delays in excess of these amounts will be considered for time extensions, if requested by the Contractor. Days Included in Contract Times for Normal Weather -Related Events, on a monthly basis, are: No changes in contr t times ie This request shall include r delays beyond the ccoo reasons for exten3iolls o tin Park Planrin€ monedr%z ARTICLE 5 — TER 5.01 The terms` will have the uest in writing from the contractor. 1g►documentation as proof of extraordinary and soil conditions will not be considered as Contractor. The request must be submitted to the to be considered. No compensation will be made for defined in the GENERAL CONDITIONS or Instructions to Bidders 1%& SUBMITT D oiUNE 4, 20 25 Arkansas State Contractor License No. 0372390525 SECTION 02 — BID FORM 4 CITY OF FAYETTEVILLE, ARKANSAS: Bid 25-38, Construction — Underwood Park, Phase 1 If Bidder is: An Individual Name (type or printed): By: (Individual's Signature) Doing business as: Business address: Cj Phone No.: No.: ♦ OTax ID No.: UEI 6 G � O � A Partnership 6. PartneVme: O (SEAL) By: (Sig tur generalattach evidence of authority to sign) Name (type or printed): V Business address: n� Phone No.: FAX No.: Tax ID No.: UEI No.: SECTION 02 — BID FORM 5 CITY OF FAYETTEVILLE, ARKANSAS: Bid 25-38, Construction — Underwood Park, Phase 1 A Corporation Corporation Name: LEGACY CONSTRUCTION MANAGEMENT, M�AL) State of Incorporation: ARKANSAS Type (General Business, Professional, Service, Limited Liability): CONSTRUCTION MANAGEMENT in s (Signature — attach Name (type or printed): Title: Attest: Business of authori'K' nFb T ,�XX No.: UEI No.: 26CKYM6BFYC7 END OF SECTION 02 — BID FORM SECTION 02 — BID FORM 6 Details For service of process contact the Secretary of State's office. LLC Member information is now confidential per Act 865 of 2007 For access to our corporations bulk data download service dick here. r � O Corporation Name LEGACY CONSTRUCTION MANAGEMENT 10 G � • Fictitious Names Filing # D' I 811123269 v Filing Type G For Profit Corporation Filed Under Act Dom Bus Corp; 958 of 1987 a► G OStatus O �� Good Standing Principal Address ` Q� O Reg. Agent G STEVE COLLIER Agent Address 3733 WILDCAT CREEK BL TTEVILLE, AR 72704 Date Filed 01 /26/2017 Officers KINCADE & COMPANY PLLC, Tax Preparer STEVEN K COLLIER, President STEVE K COLLIER, Incorporator/Organizer Foreign Name N/A CITY OF FAYETTEVILLE, ARKANSAS: Bid 25-38, Construction — Underwood Park, Phase 1 Section 04 CONTRACTOR REFERENCES The following information is required from all Bidders so all bids may be reviewed and properly evaluated: COMPANY NAME: Legacy Construction Management, Inc. NUMBER OF YEARS IN BUSINESS: 8 HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: 9 FULLTIME PART TI M E NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: 4 FULLTIME 2 I PARTTIME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMI RACT SER /I FOR WIT "%\jk THE PAST FIVE (5) YEARS (All fields must be completed): ep 1. Driver Development G 2 Woo ^6 COMPANY NAME � Fayetteville, AR CITY, STATE, ZIP Mike Driver Rick *Voods CONTACT PERSON OOTEL6P ACT PEk 479 435-0238 9 4 - 2 TELEPHONE N 5/31 /25 DATE COMPLETED COMPLETED mike@driverrealestate v m ^O � rwoods@myerswoodslaw.com E-MAIL ADDRESS 3 Airways Fre COMPANY NA �'01(/� `/ Fayetteville, AR' CITY, STATE, ZIP Dale Caudle CONTACT PERSON (479) 841-1228 TELEPHONE 5/15/25 DATE COMPLETED dalec@airwaysfreight.com E-MAIL ADDRESS E-MAILADDRESS 4. Bank OZK COMPANY NAME Fayetteville, AR CITY, STATE, ZIP Jason Wallis CONTACT PERSON (479) 442-2462 TELEPHONE DATE COMPLETED jason.wallis@ozk.com E-MAIL ADDRESS SECTION 04 - CONTRACTOR REFERENCES 1 CITY OF FAYETTEVILLE, ARKANSAS: Bid 25-38, Construction — Underwood Park, Phase 1 SECTION 03 — LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: Bid 25-38, Construction — Underwood Park, Phase 1 Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Clearing/Demolition Mechanical Plumbing Electrical Roofing/Sheet Metal Other (designate) NOTE: Th 1"ust be Subcontractor's Name Expected Percentage and Address or Value Gall Excavation 1255 N 13th St., Roge^_72756 %,V n16 Is, with the Instructions to Bidders. G o' Bidder's Signature V SECTION 03 — LIST OF SUBCONTRACTORS 1 CITY OF FAYETTEVILLE, ARKANSAS: Bid 25-38, Construction — Underwood Park, Phase 1 SECTION 05 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we Legacy Construction Management, Inc. 3733 Wildcat Creek Blvd Fayetteville, AR 72704 as Principal, hereinafter called the Principal, and ♦ O Ohio Casualty Insurance Co. • �� 175 Berkley St. G � Boston, MA 02116 a corporation duly organized and s of th f New Hawfpshire rety, hereinafter called Surety, are held and firm d unt City of Fayetteville, Arka a y � ♦ 113 West Mountain Street ♦1 `O Fayetteville, Arkansas 72701 � as Obligee, hereinafter cler, in the m, %ofN ount $ 5% ?"i r ount ), for the payment of which sum, well and truly to be mao%,prinVal and 'Wty, bind "Yes, our heirs, executors, administrators, successors and assigns, joinll �nd�everally, y these s �ell WHEREAS, Pr i I has su Bid f r: O 6Za Bid 2S-38, Construc �derwood rk, Phase 1 NOW, THEREFORE, i e Own ccept the Bid of Principal and the Principal shall enter into a Contract with the Owner in accordance terms of such Bid, and give such Bond or Bonds as may be specified in the Bidding or Contract Do n ith good and sufficient surety for the faithful performance of such Contract and for the prom t pa e t labor and material furnished in the prosecution thereof, or in the event of the failure of Principa a er such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to xceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. SECTION OS - BID BOND CITY OF FAYETTEVILLE, ARKANSAS: Bid 25-38, Construction — Underwood Park, Phase 1 Signed and sealed this 2nd PRINCIPAL day of June Legacy Construction Management, Inc. By SURETY Ohio Casualty Insurance Co. 2025 (CORPORATE SEAL) I ' O By ` Bryan Clinkscales I O � ATTORNEY-IN-F T� G �RP R T � (CD 0 A E SEAL) '0 � G (This Bond shall be acc n with O �� Attorney-in-Fact's a orit rom Sur ♦ O � G 40 G END OF SECTION 05 SECTION 05 - BID BOND vi (D m c m L ro r� Mutual.Liberty SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8207437-971105 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Bryan S. Clinkscales, Jennifer Bohannan, Kentrina Fowler all of the city of SPRINGDALE state of AR each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corpAFate seals of the Companies have been affixed thereto this 4th day of March , 2022 r,,,\ �1 Liberty ns ance Company - State of PENNSYLVANIA County of MONTGOMERY 1); 1 On this 4th day of March , 2022 before me pers IIy �a d David wo3 Company, The Ohio Casualty Company, and West American Inawan Company, and > therein contained by signing on behalf of the corporations by hirgWf al a duly authorjp#,i m O do O N C 6 IN WITNESS WHEREOF, I have hereunto subscribed i 4? This Power of Attorney is made and executed I Insurance Company, and West American Insurart) 2 ARTICLE IV —OFFICERS: Section 1 Any officer or other official of the C&por President may prescribe, shall oint su any and all undertakings, bon gnizal 3 have full power to bind for n by instruments shall beAtftdl sioner provisions of this a y revoked at1 ARTICLE XIII — ecuIN&C Contracts: t J Any officer of the Company authorize tl shall appoint such attomeys-in t, m bonds, recognizances and they t lic Company by their signatur d ex tion signed by the president and at y the I Certificate of Designation — The President of the fact as may be necessary to act on behalf of th�l obligations. ` Authorization — By unanimous consent oir Company, wherever appearing upps� a cert the same force and effect as thouclanualk affix of Liberty Mutual Insurance instrument for the purposes t4 rJnd year first above written. rritln y (9hairman or the President, and subject to such limitation as the Chairman or the a n ehalf of the Corporation to make, execute, seal, acknowledge and deliver as surety MililLftillOys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall Cinstruments and to attach thereto the seal of the Corporation. When so executed, such Nh Secretary. Any power or authority granted to any representative or attorney -in -fact under the the President or by the officer or officers granting such power or authority. 151%i6iEhairman or the president, and subject to such limitations as the chairman or the president may prescribe, in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, s-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the is and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety Mf's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with I, Renee C. Llewellyn, the undersignedTssistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 2nd day of June 2025 INSU �vl( INS& INSU.J J ?ooaroaq �o Lit^ ?°oave�rpPg2C ��N. OPvoml �1goQ; �O9yn, ~dJlgs`rF9CH1U2$�.da y1A9M1P91991NDIAN�a ' l!0 By: D 5�:LCA� Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02r21 O O N 00 N M OF 0 U UNDERWOOD PARK (GRD-2024-0127) ADDRESS: N DEANE SOLOMON ROAD, FAYETTEVILLE, AR 72704 PHASE: 100% CONSTRUCTION DRAWINGS DATE: FEBRUARY 20, 2025 •F. � IItTfPt F 6� 4Xs.r�ti.4r� ��• AERIAL MAP VICINITY MAP 4r\ c PP: Mr: f M.7 i . F44PIMrwiA . • huN .4M , 4',r-nirM fI 'F 1v �1 1 ,r4+... r4'4 J O n N S O N 71' =1... L1 l `- T owns,+P s1 - NORTH t l• ,111E -- _ Munlvv�Bc R•J • � �� NORTH OWNER/DEVELOPER SURVEYOR CITY OF FAYETTEVILLE BATES & ASSOCIATES, INC TEDIACK JUSTIN REID 100 W. ROCK ST., SUITE 250 7230 S. PLEASANT RIDGE DR FAYETTEVILLE, AR 72701 FAYETTEVILLE, AR 72704 TJACK@FAYETTEVILLE-ARGOV JUSTIN@BATESNWACOM 479AAA 3469 479.442.9350 LANDSCAPE ARCHITECT CIVIL ENGINEER ECOLOGICAL DESIGN GROUP, LLC ECOLOGICAL DESIGN GROUP, LLC LESLIE TABOR PLA BRAHM DRIVER, PE 216 W BIRCH ST 216 W BIRCH ST ROGERS. AR 72756 ROGERS, AR 72756 LTABOR@ECOLOGICALDG.COM BDRIVER@ECOLOGICALDG.COM 870 715.9894 501.944 3090 ENGINEERING: FIRE PARKS CITY OF FAYETTEVILLE CITY OF FAYETTEVILLE TEDJACK CHRIS BROWN CAPTAIN CLINT PRICE TRACK@FAYETTEVILLE-AR.GOV CBROWN@FAYETTEVILLE-AR,GOV CPRICE @ FAYETTEVILLE-AR.GOV 479.444.3469 479.575.8207 479.444.3448 WATER & SEWER NATURAL GAS CITY OF FAYETTEVILLE BLACK HILLS ENERGY AARON WATKINS SCOTT STOKES AWATKINS@FAYETTEVILLE-AR.GOV SCOTT.STOKES@BLACKHILLSCORP.CDM 479.575.8396 479.43S.0229 SOLID WASTE ELECTRIC CITYOFFAYETTEILLE SWEPCO PETER NIERENGARTEN JOHN LE PNIERENGARTEN@FAYETTEVILLE-AR.GOV TTLE@AEP.COM 479.575.8397 479 879.0873 TRANSPORTATION TELEPHONE CITY OF FAYETTEVILLE AT&T TERRY GULLEY JEFF HAMILTON TGULLEY@FAYETTEVILLE-AR.GOV JH5430@ATT.COM 479.444.3491 479.442.1967 PLANNING CABLE CITY OF FAYETTEVILLE COX COMMUNICATIONS JESSIE MASTERS CHAD HODGE JMASTERS@FAYETTEVILLE-AR.GOV CHAD.HODGE@COX.COM 479.575.8308 479 365.2402 Partial Set SHEET INDEX DRAWING UST SHEET TITLE C0.0. COVER SHEET C0.01 GENERAL NOTES 0010 OVERALL DEMOUTION PLAN 0011 DEMOfI10N PLAN C0.12 DEMOLITION PLAN CO 13 DEMOLITION PLAN CO.14 C1.00 DEMOLITION PLAN OVERALL SITE PLAN C1.01 SITE PLAN C1.02 SITE PLAN C1.03 SITE PLAN C1.04 SITE PLAN C200 OVERALL UTILITY PLAN C2.01 G2.02 C2.03 UTILITY PLAN UTILITY PLAN I UTILITY PLAN GRADING AND DRAINAGE PLAN GRADINGAND DRAINAGE PLAN GRADING AND DRAINAGE PLAN GRADING AND DRAINAGE PLAN V SPOT GRADE PLAN SPOT GRADE PLASPOT GRADE PLAN SPOT GRADE PLAN C3.10 PRIVATE DRIVE PLAN & PROFILE C320 STORM CULVERT PLAN & PROFILE C3.21 STORM CULVERT PLAN & PROFILE C4.00 OVERALL EROSION CONTROL PLAN C4.01 _ EROSION CONTROL PLAN PROJECT NOTES 1. THE CRY OF FAYETTEVILLE STREET STANDARDS. DRAINAGE CRITERIA MANUAL, SUBDIVISION ORDINANCE. WATER AND SEWER UTILITY SPECIFICATIONS. AND STATE CODE SHALL GOVERN THESE PLAFIS IF THERE ARE DISCREPANCIES IN THE PLANS OR INFORMATION CONTAINED WITHIN, CITY OF FAYETTEVILLE ORDINANCES STANDARDS, AND SPECIFICATIONS SHALL RULE, UNLESS, APPROVED IN WRITING BY THE CITY ENGINEER 2-TO SCHEDULE AN INSPECTION OR TEST WITH THE CITY OF FAYETTEVILLE ENGINEERING DEPARTMENT, INSPECTIONS MUST BE CALLED IN (479.575.8206) BY THE ENGINEER OF RECORD 24 HOURS IN ADVANCE BEFORE 10AM FOR AN INSPECTION THE FOLLOWING DAY. 3. THE ENGINEER OF RECORD MUST CERTIFY THE SITE AND THE PROJECT MUST PASS A DEVELOPMENT FINAL SITE INSPECTION BEFORE REQUESTING A BUILDING FINAL INSPECTION 4.THE ENGINEER OF RECORD SHALL COORDINATE AND SCHEDULE A PRE -PAVE PRECON WITH THE ENGINEERING DEPARTMENT AND CONTRACTOR BEFORE THE PAVING OF ANY PUBLIC STREET OR PUBLIC ALLEY. PROPERTY DESCRIPTION ON 1 - PARCEL ITS- 4095.001 LOT t OF A TRACT SPLIT PLAT FILED IN PLAT BOOK 24A AT PAGE 298, BEING LOCATED IN A PART OF THE SOUTH HALF OF IHE NORTHEAST QUARTER AND A PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 32, AND ALSO LOCATED IN A PART OF THE SOUTHWEST QUARTER OF THE NORINWEST QUARTER OF SECTION 13, ALL BEING LOCATED IN TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS. AND ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. TO - WIT COM4MENONG AT THE SOUTHEAST CORNER OF SAID SECTION 32 AND RUNNING THENCE NO3'11*16*1 749 3V TO AN DOSTING REM THENCE $46*12*21 E 29446' TO AN EXISTING MAG NAIL THENCE NO2.41.47. E 222030' TO AN EXISTING REBAR ON THE WEST RIGHT-OF-WAYOF NORTH DEANE SOLOMON ROAD MARKING THE TRUE POINT OF BEGINNING AND RUNNING THENCE N81'22'44'W 3401 V TO AN EXISTING REBM THENCE S02'IY35'W 31024' TORN EXISTING REBAR THENCE ST 1'09'04'W $!,N. NB7.24'1 M S31.70' TO AN EXISTING REBAR THENCE NO2.3ri)n 24S09' TOAN EXISTING MAR. THENCE S14.18'3B'W 920 3TTO AN EXISTING REM THENCE N09.01.M W 603.52' TORN EXISTING REBAR ON THE SOUTH LINE OF CRYSTAL SPRINGS SUBDIVISION PHASE 3 AS PER THE FINAL PLAT THEREOF FLED IN BOOK 23 AT PAGE 206. THENCE ALONG SUBDIVISION SOUTH SUBDSION UNE THE FOLLOWING' N44.23'02'E 324.01' TO AN EXISTING REM NO2'55'31 169 32' TO AN EXISTING ALUMINUM MONUMENT, SBT23t46'E 140606'. THENCE LEAVING SNO SOUTH SUBDIVISION LINE SW'34'36'W 15706' TO AN EXISTING REBAR,THENCE SB7.1t'S0'F 297.79' TO AN EXISTING REBAR ON THE WEST RIGHI-OF-WAY OF NORTH DEANE SOLOMON ROAD. THENCE ALONG SAID PIGHT•OF-WAY S02'36'04'W SW t4' TO THE POINT OF BEGINNING, CONTAINING 3004 ACRES MORE OR LESS SUBJECT TO THAT PORTION IN NORTH DEANE SOLOMON ROAD MASTER STREET PLAN RIGHT -OF-WAY ON THE EAST SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD REFERENCE DOCUMENTS: 1. PLAT OF SURVEY FILED IN BOOK M AT PAGE 493 2 FINAL PLAT FILED IN BOOK 23A AT PAGE 102 3. QUITCLAIM DEED FILED IN BOOK 2020 AT PAGE 047110 FLOOD DATA A PORTION OF THIS, PROPERTY IS LOCATED WITHIN FLOOD ZONE 'A" OR'AE" AS DETERMINED BY THE NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE MAP FOR WASHINGTON COUNTY, ARKANSAS (FIRM PANEL t0514300205G. DATED 0125/2024) C4.02 C4.03 EROSION CONTROL PLAN EROSION CONTROL PLAN C4.04 EROSION CONTROL PLAN C405 EROSION CONTROL DETAILS C4.10 114ITM EROSION CONTROL PLAN C500 SITE DETAILS C501 SITE DETAILS C5.02 C5.03 SITE DETAILS SITE DETAILS CS.04 SITE DETAILS C5.05 SITE DETAILS CS.06 SITE DETAILS C5.07 SITE DETAILS C508 SITE DETAILS C600 C601 C602 'CITY DETAILS CITY DETAILS CITY DETAILS 11 00 OVERALL LANDSCAPE PLAN L101 LANDSCAPE PLAN 11 02 'LANDSCAPE PLAN L1 03 LANDSCAPE PLAN 1-1 04 LANDSCAPE PLAN L105 Lt 06 LANDSCAPE DETAILS AND NOTES LANDSCAPE DETAILS AND NOTES 1_200 TREE PRESERVATION PLAN OVERALL SITE ANALYSIS L2 01 TREE PRESERVATION PLAN EXISTING CONDITIONS L202 TREE PRESERVATION PLAN PROPOSED CONDITIONS SITE SUMMARY ZONING: COMMERCIAL PLANNED ZONING DISTRICT (CPZD) ENDURING GREEN NETWORK STREAM SIDE PROTECTION ZONE(APPROXIMATE) CURRENT USE: PROPOSED USE: FORMER GOLF COURSE PUBLIC PARK AREA: 37.0 AC SETBACK STANDARDS REQUIRED PROVIDED FRONT YARD: 25' BTZ So + SIDE YARD NON-RESIDENTIAL 5' 5' + REAR YARD NON-RESIDENTIAL: 0' 0' + REAR YARD RESIDENTIAL: 15' 15' E I D I G Ecological Design Group LITTLE ROCK ROGERS I wYNNE TI - - Y �O Yu^�~\•A1 02-19-25 3 i KR Ewhat's below. Call boo',, VON dlq Y Q VI a E>3 N m OL Oa N W H--+ Z D L.L WE 2D25022D PENSIONS PRASE BID DOCUMENTS TITLE COVER SHEET SHEET NO C0.00 AGE - GAS FLOODPLAIN FLOODWAYJ 1 I OVERALL SITE PLAN v W- i 14101 DA k3 • w` . � � . r•:. I ,.—'�}h'�.5..-� ,yam/ SITE SUMMARY FTRIETIMPROVEMENTS MONZONING: COMMERCIAL PLANNED ZONING DISTRICT (CPZD) ALF-STREET ROW: 33' PROPOSED HALF -STREET ROW: 33'-6" ENDURING GREEN NETWORK STREAM SIDE PROTECTION ZONE(APPROXIMATE) DEDUCTIVE ALTERNATES (DA) CURRENT USE: PROPOSED USE: 1. D—RYSTACK STONE WALL AND BONDED RUBBER FORMER GOLF COURSE PUBLIC PARK MULCH AREAL 2. PARKING BAYS 370 AC 3. BASKETBALL COURT & SIDEWALK, PICNIC TABLES, PAVILION & CONCRETE PAD LIGHTING INFORMATION 1�hi.YY' yE ted.a. w CONTRACTOR TO SUPPLY DESIGN TEAM WITH PHOTOMETRIC PLAN PRIOR TO INSTALLATION BUILDING INFORMATION EACH 5 RUCTURE OPO WITH THE PARK MUST HAVE GROUNDING RODS, IN CASE OF LIGHTNING STRIKES SETBACK STANDARDS REQUIRED PROVIDED FRONT YARD: 25' BTZ 50' + SIDE YARD NON-RESIDENTIAL: 5• 5' t REAR YARD NON-RESIDENTIAL: 0' 0' + REAR YARD RESIDENTIAL 15' 15, PARKING CALCULATIONS REQUIRED PROVIDED UNDERWOOD PARK 370 ACRES VEHICLE PARKING 370 ACRES X 2 PER AC - 74 MAX, 15Y BY RIGHT INCREASE= 85 MAX 04 TOTAL, MOTORCYCLE PARKING INCLUDED MOTORCYCLE PARKING 74/ 2S = 3 SPACES REQUIRED 6 SPACES BICYCLE PARKING 74/ 25 = 3 SPACES REQUIRED 9 SPACES 1f� IQP SCALE: 1' = 50'-C' NORTH 0' 50, E I D I G Ecological Design Group .. of rcara f.c er. w �w.:i fel 17f 010f LITTLE ROCK I R00ERS I wvNNE /1 N 111 • Z � er,ll 1 .,A . • t 0 Call tefar: you dig Y Q N a Vf f13 O-Se L O a W a--+ 4-J 7 ` Z /l L LL DATE 2D250220 REVISIONS R.h wi. o.�w�=• PHASE BID DOCUMENTS TITLE OVERALL SITE PLAN SHEET NO C1.00 1.00 1 = f = _ I I _ I - i ( t I - 1 I EXISTING TRAIL TO REMAIN ` PROTECT AND MAINTAIN PRECAST NEADWALL s PROPERTY ASPHALT PAVEMENT MANAGEMENT ZONE:2S••Q I � BOUNDARY REF.GRADING AND _ DARY - DRAINAGE PLAN (TYPj CSib WATERSIDE ZONE: 25'-0• I PLAN CS00 Cl1RC �PROPOSEIDREET UGHTCLOM TAPER TYPE SA(TVP) LEDGEAIONG yTRY DIWE CENTERUNE I OF ROAD_— — mad c � /PROPOSEDLI SA� �2A'H7•- �26'-0'_ 19 S'• RIVER I _ -�2t'.0•_ CMJA1 R orm CONLE not — rl , c6o1 (Typ.) f•LL LANE STRIPING EF A THROUGH DRIVE AISLE AS NECESSARY //TIJf I _ TO PREVENT FIRE LANE PARKING I STaPING [S 00 261 1'-6" ITYPI STAN �•fi• 21'HT (TYP.) / DCA R CS00 0 .� ._. CStOD p0/ 32'-1S EL ' R T•S — DOMES T Ca 01 PROPOSED LIGHT n 9'•r fryPI TYP�SA� I \'--FLUSH WITH- 60' R706'-0"J '' I 11111 \ (TYP ) 1 1 - SIDEWALK,, 11 C T Y T SIDEWALKCS00 �� • CONCK11 n00 • ^ 3 TIE FLUSH •A' - 20'•6• (1yp) STORMWATER TO `,` ' ` I • V EASEMENT EXISTING 6'-0" SIDEWALK I CARMANAH SC315 SOLAR Sa r RECTANGULAR EXISTING ROAD RAPID EXISTING CREEK I NVLOPLAST BASIN _ BOUNDARY CENTERUNE FLASHING BOUNDARY ( REF GRADING AND DRAINAGE BEACON (TYP ) RIGHT OF WAY (RRFB) Mgrcyt�N CONCRETE HEADWALL REF GRADING PLAN EDGE OF 1 Fc� ♦` - ASPHALT EXISTING I 1 •Q4 L _^• .� 33'-0.. 1 i KEVMAP SITE PLAN 1 SCALE: 7" = 20'-0" NORTH 40' 80, 0, 0' 20' PROPOSED SITE PLAN LEGEND PROPOSED CURB AND GUTTER (REF. PLANS FOR TYPE) — — — PROJECT BOUNDARY TYPICAL CONCRETE PAVEMENT ASPHALT PAVEMENT ^� TYPICAL CONCRETE SIDEWALK i;i�y."`�•.JJ: CONCRETE STAMP EXISTING LEGEND Q 4 N E DIG Ecological Design Group .... 1••'e alas . :� sel ara e2Po ,#fait nu 1.0411 • Nm 114 C � •": M yJ � �� I • 4 I lilt/lll 0. --mm'S below. Call before you dig V) a m LA Z L LL SMI tossa22e REVISIONS PHASE BID DOCUMENTS TITLE SITE PLAN SHEET NO C1.01 _--�r1�••'a-ecs•Er��-T ------ -fir -� --� -���r - - - - - - - - - - - aF" GRL SF11FIt %PI'Iz0x LOC 1 1 • 1 20'-0' 15'-0" 'N I I, I'LI< R 'i,; 1' :.-. EXISTING UTILITY EASEMENT BUILDING SETBACK ' 1 1 EARTHEN IfRAE 1 LIMITS REP 1 GRADING AND 1 • DRAINAGE 1 • 1 1 1 STANDARD DUTY r� 1 F 11C5.00ASPHALT PA 1 ace DECORATNE WALL 1 1 _ • 1 IS MOTORCYCLE C$.Do 6 (.UTTER 1 PARKING SPACES - rR35'-0' 1 TRFOiSFORMER PER CITY STANDARD - ��� 1 �ari. UTILITY PLAN 17-0' B GUTTER CS 00 1 PROPOSED LIGHT _J WHITE PAVEMENT R23'-0" 1 / TYPE SA_ \ �,�. SING Cut ANDGUMA CONTfAFPORAR\' / �R15'-0' PROPOSED LIGHT TYPE1� 4 FIXED ]6•-0' � 5 FET CSA '1 00F tM00D5ED LIGHT' 1 1 1 RFMOV LE TYPE SA _ �6 CRETE WHIlti.510P C300 FOR �) AS REDUIRED FOR FIRE ACCENo SS Rib'H]•� REMOVABLE PROPOSED LIGHT cum(S00 .` i'S•.1•Y a BOLLARDS / i�TYPE SB--------------r ♦ / / BIOSWAlE AREA J ♦ _ / TI169N WITH GRATE ♦ v / DOME GRATE / REF. GRADING AND RB'-0• � ; ♦ '-0• / / W-0- 1 DRAINAGE PLAN rR)5'4r _ I 6 ER CS10D CURII ("ryp.1 C5JUNCTION BOX � ♦ TYPE LIGHT REP GRADINGDRAINAGE AND TWE SB 2.a� DRAINAGE PLAN CS.Ot OB•IF \ AND ¢UTTER C601 1 RYP) 1 75'-Y �RiX-0"� ACCESSIOLED G CKED LIGHT TURN DOWN SIDEWALK STRNR4G L09GNAGE Cf00 TRAIL WATER MET C601 1 RAISED T • REF UTILITY PLAN 1 (TVP) � R36'•0RPZ - (TYP)) /.,0. PROPOSED LIGHT r r r 1 8..0. 7 -� TYPE SA 'rrr S140" EXISTING 1C ram'. TRAIL1 41.7• MICRO -MOBILITY PARKING AREA ,t% I• t3 A' I ♦ `� a PROPOSED LIGHT 4 CS 01 Rwl 14'6' TYPE SA Iv-11" 0O3 4 CUSTOM CCINCRfTF r1r `\ Y y CS.0/ STAMP , / • (TYP) rrr - /- / I \ �♦ C ` v 1 i � SITE PLAN SCALE: 1" = 20'-0" NORTH PROPOSED SITE PLAN LEGEND E I D I G PROPOSED CURB AND GUTTER (REF PLANS FOR TYPE) Ecological Design Group --- PROJECT BOUNDARY www.ec* o1lcelOy com R n e. I3 T e o TYPICAL CONCRETE PAVEMENT LITTLE ROCK IROGERS I wYNNE ' I ASPHALT PAVEMENT I I TYPICAL CONCRETE SIDEWALK - CONCRETE STAMP 7t �L r EXISTING LEGEND 40' so, 0' 0' 20' 0 KEYMAI N� a Ln m O-se L Oa W }1 \+_I Z >, DLL LL IOC ••O't r o 11- 1 DATE 3D35 0220 REVISIONS Yr p✓/ YnM —�_ PHASE BID DOCUMENTS TITLE SITE PLAN SHEET NO CeE •O2 . � r \ 1 1 \ 1 1 \ 1 1 l I SITE PLAN Z SCALE: T" = 20'-0" NORTH PROPOSED SITE PLAN LEGEND E D G PROPOSED CURB AND GUTTER (REF. PLANS FOR TYPE) Ecological Design Group — � PROJECT BOUNDARY www.. egl�.le g.� yNc A•:c •f el f>r■ erea -ICAL CONCRETE PAVEMENT- LITTLE ROCK I ROGERS WYNNE ASPHALT PAVEMENT 11 TI' TYPICAL CONCRETE SIDEWALK e�f'1 CONCRETE STAMP —rl Y EXISTING LEGEND 4D 80' 20' K- whEVS below. — - Call beiurr You dic li QN a L c, • O a P W CU o Z o o � D LL 0 m !� EDG PROTECT NO 21-Oa5 '�- b DATE KEYMAP ..... .. PHASE BID DOCUMENTS TITLE SITE PLAN C1.04 RAYGROUND NOTES I This project contains a playground. The contractor or subcontractor shall be experienced in design and construction of playgrounds Work shall be in conformance with at a minimum: a. The latest edborU of ASTM F1407 standard consumer safety performance specificabon for playground equipment Y - for public use, -- b. ASTM F2223 standard gads for ASTM standards on playground surfacing, C.ASTM 12292 standard spsodicMdn tw impact attenuation of surfacing materials within the use zone of playground _ 7.00 equipment F1951, F2479, F2373 and the CPSC Playground SafetyHandbook - A member of the Contractors Team shall be a Certified Playground Safety - - - - Inspector (CPSI)to assist with ensuring the playground is installed and constructed to industry standards as outlined in the ASTM and CPSC Documents and other relevant industry standards' CRUSHED SIOPE 2 Playground Safety Surfacing shall be tested as Outlined in ASTM F1292 after inslallation to ensure compliance with CSO1 PATH OURANVOID PLAYGROUND the specifications [Spf SURFACWG EDGE OCONCRf 3 Al playground equipment shall be certified by the International Playground Equipment Manufacturers Assoaation (IPEMA) 7 NCONKINTIEWALIC CSOD (2) b' POWDER -COATED STEEL BENCHES 4 During playground work the contractor shall have on site a qualified superintendent cemfied for playground installation WITH STRAIGHT BACKS FROM BELSON OUTDOORS ^_ S The contractor is responsible for ensuring playground equipment accepted as an alternate Or equal, fits within the ' PROVIDED BY OWNERCONTRACTOR TO INSTALL design o1 the playground area. Costs to adapt, if allowed, such as increased fall spaces surfaces, will be the responsibility of the Contractor with no additional vests to the Owner f 0 Umited mfermation is provided on pmenl installation in these document Contractor is [o obtain and playground equipment CUT STUMPS AND LOGS FOR BALANCING, CUSTOM WOODEN TOWER STRUCTURE WITH TWISTY 11.M follow manufacturers installation instructions BY NATURAL STATE TREEHOUSES SLIDE BY NATURAL STATE TREEHOUSES. CONTRACTOR ARRANGED AS SHOWN TO PROVIDE SHOP DRAWINGS TO LA_ FOR APPROVAL VERTICAL LOG CUMBERS _ ID WOOD DURASIOUND ' E DIG If YGROl11E0 [SOT • • Ecological Design Group • 1 d Nw N..K Oio a I�.ie R. C Rm r. NON.. a e ` 1 { • It LITTLE ROCK IrROaERS WYNNE 1 o Ill ✓, •�� .± kn B.If ELEVATED �10 L e o CSDf -L CS BENCHES CSEB ♦ • � /7TIF 1035' HEAW DUIV r1lr^ - / • d �N CS00 - s• 6 1751 • . cm BIRDSCULPTURES y1p 97B' '�j •4 .� 27J1' ANT VEN BIR N • ` 1 SAI' , C509 BY NATURALSTATETR&NOLIW _ LP�PT•d v OR APPROVED EQUAL G 01 / IUY R11'-6" 0 1 SEE -SAW O W-T - O CAROUSEL -- CSAM • • • .,` ,yp � oz-Tess / 75D7 sis'•'�i` law WA ��• CONCRETE WALK 1. R-0- ` ( J �171' + _ CS06 PENDULUM SWNG "� - o•d 2' MIN RUBBERIZED MULCH SURFACING SYSTEM or _ _ THICKNESS DEPENDS ON FALL HEIGHT. " OURAROUND PLiIYGROIWO - _ - - - - - Yvna`: Dt(D'.5'. • I - - - • K i, 0j(beRrre you dip INSTALL PER MANUFACTURER'S SPECIFICATIONS 1 _ SIAU/1GWGSYSTB4 _ _ _ - - r L CRU5HE0 STONE BASE COMPACTED TO 95% PROCTOR DENSITY . - - GEOTEXTILE FABRIC .. IPLAY MOUND Y • 0 1•,0� - COMPACTED SUBGRADE C507 r d - 4' TRIPLE HAMMERED 4l.00' ' UNHMDWOOD �• d GRADE - i44.W IV STN4DARD ' . y SEAT,ANDpJOSEAi CSOS ` BONDED RUBBERIZED MULCH SURFACING SYSTEM tau, 31llgr EDGE TRANSITION DETAIL TO CONCRETE WALK OR N,, CURB. DURABOUND, NO FAULT, OR SIMILAR/EQUAL 1 � RI9'•1' Q ,� E �`_ PRODUCT SCALE: N.TS G 1LW e JDEL #CBTR-FTD-BK, TYP 'QUEST" PLAYGROUND GRASS IN GREEN '�� - usr BY FOREVER LAWN _ BIKE RACKS - • ) TREE OEIX CS a] 1 CSOS _ • 4-SWING FRAME �� _ I � _ CSOS - _ � _ • - w E•SWING FRAME 1440 • - 1 CSa STANDARD SWING < , 14.11' SEE DETAIL B/C 007 FIBER 10.00, ` 17A7 < - CS.OSSEATS - \ ? .< 48.01'\\'C MONOSLOPE PAVILION o 1 CS06 L lt3V-6- DRMTAGE CIKTNDETAIL / i-------------� \ . TYP _ TYP 1 DOUBLE 21PLMdE -� a I I CS a - 21PLBIE PLATFORMS � - FL 1S" CPP- I0R0f I,d10' PLAYGROUND ENLARGEMENT \ \ \ — — — — — — — — — — — — — / NORTH . 10 KOMPAN NR0915-1001 - COCOWAVE ROPE PENDULUM 2 SWING, UNTREATED, OR APPROVED ALTERNATE EARTHSSCALE:NT.S TITLE SITE DETAILS SHEET No C5.06 8/14/2025 Submitted Date Yes 3,893,931.03$ 21,325.00$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget 3,966,780.00$ 72,848.97$ Yes Yes 21,325.00$ 3,893,931.03$ 46050.7570 Project Number Budget Impact: Park Projects (2019/2022/2024 Bonds), Underwood Improvements Fund Parks Projects 2022 Bonds4705.860.7570-5860.02 Account Number Project Title City of Fayetteville Staff Review Form 2025-0673 Item ID N/A City Council Meeting Date - Agenda Item Only Staff recommends approving the Contract from Olsson, Inc. for professional services necessary for Geotechnical Special Inspections and Construction Materials Engineering and Testing as required for project construction for a fee not to exceed $21,325.00. N/A for Non-Agenda Item Action Recommendation: Submitted By Melissa Evans PARKS & RECREATION (520) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution #Res. 162-25 Approval Date: Original Contract Number: TO: Mayor Molly Rawn THRU: Keith Macedo, Interim Chief of Staff Alison Jumper, Director Parks, Natural Resources and Cultural Affairs Ted Jack, Park Planning Superintendent FROM: Melissa Evans, Park Planner II DATE: August 14, 2025 SUBJECT: Underwood Community Park Geotech Contract RECOMMENDATION: Staff recommends approving the Contract with Olsson, Inc. for professional services necessary for Geotechnical Special Inspections and Construction Materials Engineering and Testing as required for project construction for a fee not to exceed $21,325.00. BACKGROUND: Underwood Park has been designed, bid and will be ready for construction soon. Geotechnical inspections and construction materials testing is standard during construction to ensure installation is correct. Olsson is one of the three testing companies approved by Purchasing. DISCUSSION: Geotechnical inspections and construction materials testing will occur during different times in the construction process. The contract includes a standard amount of testing for the various proposed elements on site like the parking lot and pickleball courts. If less testing is used than what is in the contract, then that portion of the estimated cost will not be billed. BUDGET/STAFF IMPACT: The budget for this Geotech work will be from Unallocated – Budget for 2022 Bonds. GLACCOUNT PROJECT AMOUNT Notes: 4705.860.7570-5860.02 46050.7570 $21,325.00 Attachments: 1. SRF, Contract and Budget Adjustment Form 550 E. St. Louis Street / Springfield, MO 65806 O 417.890.8802 / olsson.com LETTER AGREEMENT FOR PROFESSIONAL SERVICES 8/20/2025 City of Fayetteville, AR Attn: Melissa Evans 113 W Mountain St Fayetteville, AR 72701 Re: AGREEMENT FOR PROFESSIONAL SERVICES Special Inspections and Construction Materials Engineering and Testing Underwood Park Pickleball Improvements Fayetteville, Arkansas Dear Melissa Evans: It is our understanding that City of Fayetteville, AR (“Client”) requests Olsson (“Olsson”) perform the following services pursuant to the terms of this Letter Agreement, Olsson’s General Provisions and any exhibits attached thereto (hereinafter “the Agreement”) for the Project. Olsson has acquainted itself with the information provided by Client relative to the Project and based upon such information offers to provide the services described below for the Project. Client warrants that it is either the legal owner of the property to be improved by this Project or that Client is acting as the duly authorized agent of the legal owner of such property. Client acknowledges that it has reviewed the General Provisions (and any exhibits attached thereto), which are expressly made a part of and incorporated into this Agreement by this reference. In the event of any conflict or inconsistency between this Agreement and the General Provisions regarding the services to be performed by Olsson, the requirements of this Agreement shall take precedence. Olsson shall provide the following services to Client (“Scope of Services”) for the Project: Special Inspections and Construction Materials Testing as more specifically described in “Scope of Services” attached hereto. Should Client request work in addition to the Scope of Services (Optional Additional Services), Olsson shall invoice Client for such services at the standard hourly billing labor rate charged for those employees actually performing the work, plus reimbursable expenses if any. Olsson shall not commence work on Optional Additional Services without Client’s prior written approval. Olsson agrees to provide all of its services in a timely, competent, and professional manner in accordance with applicable standards of care for projects of similar geographic location, quality, and scope. Compensation Client shall pay to Olsson for the performance of the Scope of Services in accordance with the Unit Rate Sheet attached to this Letter Agreement. Olsson’s services will be completed on a time and materials, unit rate basis. Olsson shall submit invoices on a monthly basis and payment is due within 30 calendar days of invoice date. 550 E. St. Louis Street / Springfield, MO 65806 O 417.890.8802 / olsson.com Olsson has provided the proposed cost for the Special Inspections and Construction Materials Testing as more specifically described in the attached Scope of Services. Olsson’s Scope of Services will be provided on a time-and-expense basis not to exceed $21,325.00. Terms and Conditions of Service Client understands that Olsson is not responsible for any previous testing, observations, and inspections performed by others for this project. We have discussed with you the risks, rewards and benefits of the Project, the Scope of Services, and our fees for such services and the Agreement represents the entire understanding between Client and Olsson with respect to the Project. The Agreement may only be modified in writing signed by both parties. If this Agreement satisfactorily sets forth your understanding of our agreement, please sign in the space provided below. Retain a copy for your files and return an executed original to Olsson. This proposal will be open for acceptance for a period of 60 days from the date set forth above, unless changed by us in writing. Olsson, Inc. By _____________________________ By ______________________________ Kyle Bennett CMT Group Leader Nick Calton Senior Team Leader By signing below, you acknowledge that you have full authority to bind Client to the terms of the Agreement. If you accept the terms set forth herein, please sign: City of Fayetteville, AR By _____________________________ Name _________________________ Title ____________________________ Dated: _________________________ Attachments Scope of Services Unit Rate Sheet General Provision Molly Rawn Mayor Page 1 of 3 Scope of Services This Scope of Services is hereby attached to and made a part of the Letter Agreement for Professional Services dated 8/20/2025 between City of Fayetteville, AR (“Client”) and Olsson, Inc. (“Olsson”) providing for professional services. Olsson’s Scope of Services for the Agreement is indicated below. Project Description and Location Project Description: Underwood Park Pickleball Improvements Project Location: Fayetteville, Arkansas Scope of Services This proposal is based on a review of project information provided by Melissa Evans (City of Fayetteville, AR) via email on 06/2/2025, as well as an overall site plan dated 02/20/2025. Should complete drawings or a request for additional services be made, we should be allowed to revise our proposal as needed to better suit project requirements. Construction testing services have been requested for fill placement, reinforced concrete, and pavement subgrades, and asphaltic concrete pavements for the proposed improvements. We propose to provide our testing services in the following manner: Fill Placement/Utility Trench Backfill – Prior to fill placement, subgrades should be stripped of vegetation, topsoil, and any other deleterious material. Representatives of Olsson will observe the stability and moisture content of the subgrades. The subgrades should be proofrolled with a fully loaded tandem axle dump truck. Samples of materials proposed for use as structural fill and/or utility trench backfill will be obtained for laboratory testing. Laboratory tests, including standard Proctors and Atterberg limits tests, will be performed to classify and determine physical properties of the proposed fill/backfill materials. Olsson will observe and test structural fill placed within the footprint of the proposed building and surrounding pavement areas. Reinforced Concrete - Olsson’s field technician will observe placement of reinforcing steel in all concrete elements of the pickleball courts. Field tests, including slump, air entrainment. and temperature, will be performed on samples of concrete obtained from these structures. Cylinders will be cast from the concrete used in the construction of the structures and pavements for compressive strength testing. Pavement Subgrades – Olsson’s field personnel will evaluate pavement subgrades with respect to stability and moisture content prior to construction of the on-grade slabs and or pavements. Subgrades should be proofrolled with a fully loaded tandem axle dump truck. The general contractor superintendent should schedule subgrade evaluations within 48- hours of paving or following any significant weather event that could affect the performance of the pavement subgrade. Subgrades should be reobserved if weather conditions change or if construction of the on-grade slab and/or pavements is delayed more than 48-hours after initial observation. Page 2 of 3 Asphaltic Concrete Pavements – Field density tests will be performed in the base and surface courses of asphaltic concrete pavements. To evaluate thickness and results of the field density tests, coring will be performed on the full depth asphalt. Reporting - Olsson’s field professionals will prepare typed field reports summarizing each day's field observations, presenting test results, and detailing items not in compliance with the project drawings and/or specifications. Draft copies of the field reports will be provided daily to the designated field representative if requested. Field reports will be reviewed by our project engineer and if required summarized in bi- weekly letters transmitted to the Client, Architect, Structural Engineer, General Contractor and Building Official. Olsson is not responsible for the Contractor’s means or methods and does not have the obligation or authority to stop Contractor’s work. Olsson’s responsibility as special inspector is to report our field observations and test results to the Contractor and Client as provided herein. Following completion of the project, if requested Olsson will prepare a final summary report stating its opinion with regard to whether the portions of the work that were observed, inspected and/or tested were in compliance with the project specifications. Safety – It is the responsibility of the general contractor or their subcontractors to provide safe access to work requiring observation or testing by the special inspector or tester. It is also the responsibility of the general contractor or their subcontractors to provide OSHA compliant barriers or barricades around excavations greater than 6 feet in depth. In instances where barriers or barricades are not provided or work requiring observation or testing must be performed while within the area protected by barriers or barricades, the contractor shall provide and install an anchor point that meets the OSHA standard for fall protection for use by the special inspector or tester. The anchorage point shall be provided near excavations 6 feet or greater in depth where observation or testing is required. The anchorage point cannot be a piece of equipment that can be moved (like a drill rig or piece of earth working equipment). These anchorage points may need to be moved by the contractor when work requiring observation or testing is needed in other locations. When fall protection is needed for Olsson personnel to perform their work, we will supply our personnel with harnesses and lanyards which can be tied off to contractor-provided anchorage points. If the contactor cannot supply an anchorage point for Olsson personnel, we will work with the general contractor to come up with a solution possibly including Olsson providing our own anchorage, which may cause a delay to obtain the equipment needed and will result in additional charges to Olsson’s Client. Exclusions – Observation and testing relating to shop inspection for the fabrication of the structural steel framing members and mechanical inspections of field erected members (plumb or other dimensional characteristics) has not been included in this cost estimate. Often, the Building Official will waive the special inspection requirement for shop inspection of structural steel if the fabrication shop is certified and can provide proof of certification on their signed company letterhead. If it is determined that these items are required for special inspection, we would be willing to review the applicable project plans and specifications to provide an additional estimate to provide these services. SWPPP inspections are excluded, these will be performed by others. Hot Mix sampling of asphaltic concrete pavement is omitted. Testing will be limited to field densities, thickness, and bulk specific gravity of cores. Page 3 of 3 Olsson is committed to providing quality service to its clients, commensurate with their wants, needs and desired level of risk. If a portion of this proposal does not meet your needs, or if those needs have changed, Olsson stands ready to consider appropriate modifications, subject to the standards of care to which we adhere as professionals. If you have any questions or concerns regarding this scope of work, please contact Kyle Bennett at 417.818.7594 or at kbennett@olsson.com. We look forward to hearing from and working with you and your firm on this project. Scope of Work and Estimated Cost Underwood Park Fayetteville, Arkansas Earthwork 6 Hrs Sr. Technician - Sampling/Proofroll @ $85.00 /hour $510.00 15 Hrs Technician - Fill Densities @ $85.00 /hour $1,275.00 15 Hrs Technician - Agg. Base Densities @ $75.00 /hour $1,125.00 2 Proctor - Standard @ $220.00 /each $440.00 2 Oversize Particle Correction @ $125.00 /each $250.00 2 Material Passing No. 200 Sieve @ $85.00 /each $170.00 2 Atterberg Limits @ $125.00 /each $250.00 12 Standard Field Equipment @ $25.00 /each $300.00 12 Trips @ $40.00 /trip $480.00 Reinforced Concrete 30 Hrs Sr. Technician - Subgrades Compaction @ $85.00 /hour $2,550.00 12 Hrs Technician - Pickleball Courts @ $85.00 /hour $1,020.00 3 Hrs Technician - Curb @ $85.00 /hour $255.00 45 Hrs Technician - Sidewalk/Pavement/Pads @ $85.00 /hour $3,825.00 104 Compression Test - Concrete @ $25.00 /each $2,600.00 10 Standard Field Equipment @ $25.00 /each $250.00 30 Trips @ $40.00 /trip $1,200.00 Asphaltic Concrete Pavement 10 Hrs Technician - Compaction @ $75.00 /hour $750.00 5 Hrs Technician - Coring/Sampling @ $75.00 /hour $375.00 6 Bulk Specific Gravity of Pavement Cores (1pt) $70.00 /each $420.00 1 Coring Equipment @ $300.00 /day $300.00 2 Standard Field Equipment @ $25.00 /each $50.00 1 Coring Trips @ $160.00 /trip $160.00 3 Trips @ $40.00 /trip $120.00 Subtotal $18,675.00 Project Engineering and Administration 8 Hrs Project Manager/Engineer $160.00 /hour $1,280.00 10 Hrs Field Manager @ $100.00 /hour $1,000.00 1 Hrs Senior Team Leader @ $220.00 /hour $220.00 2 Hrs Project Administration @ $75.00 /hour $150.00 Total $21,325.00 2025 Field Operations Services Unit Rate Schedule Special Inspections and Construction Materials Testing Services Testing Services (3-Hour Minimum) Field Technician ................................................................................................Hour $75.00 Senior Technician ..............................................................................................Hour $85.00 Steel Technician ................................................................................................Hour $105.00 Field Manager ....................................................................................................Hour $100.00 Project Manager / Project Engineer ...................................................................Hour $160.00 Senior Project Manager / Senior Engineer .........................................................Hour $220.00 Administrative Coordinator.................................................................................Hour $75.00 Mileage ..............................................................................................................Mile $0.85 Laboratory Testing Services Aggregate Testing Abrasion - LA Machine ......................................................................................Each $500.00 Atterberg Limit (Plasticity Index) .......................................................................Each $125.00 Bulk Density (Unit Weight) and Voids ...............................................................Each $110.00 Deleterious - Clay Lumps and Friable Particles ................................................Each $190.00 Deleterious - Flat & Elongated Particles ............................................................Each $375.00 Deleterious - Lightweight Particles ....................................................................Each $230.00 Deleterious - Organic Impurities ........................................................................Each $140.00 Material Finer than No. 200 Sieve .....................................................................Each $85.00 Minimum & Maximum Index Density (Vibratory Table) ......................................Each $260.00 Moisture Content ..............................................................................................Each $21.00 Oversize Particle Correction .............................................................................Each $125.00 Particle Size (Gradation) - Sieve Analysis <3/4" ...............................................Each $135.00 Particle Size (Gradation) - Sieve Analysis >3/4" ...............................................Each $220.00 Percent Fractured Particles in Coarse Aggregate .............................................Each $280.00 Proctor - Modified .............................................................................................Each $260.00 Proctor - Standard ............................................................................................Each $220.00 Sand Equivalent of Fine Aggregate ..................................................................Each $245.00 Soundness Aggregates (Sodium or Magnesium) ...............................................Each $305.00 Specific Gravity of Aggregate Coarse or Fine Aggregate ...................................Each $200.00 Uncompacted Void Content of Fine Aggregate ..................................................Each $80.00 Asphalt Testing Asphalt Binder Content by Ignition .....................................................................Each $150.00 Gradation of Extracted Aggregates (Includes Binder by Ignition) .......................Each $200.00 Bulk Specific Gravity/ Pavement Cores (1pt) .....................................................Each $70.00 Marshall Density (3pt) ........................................................................................Each $240.00 Marshall Stability and Flow (3pt) ........................................................................Each $350.00 Percent Air Voids in Compacted Paving Mix ......................................................Each $45.00 Preparation & Density of Superpave Gyratory Compaction Specimens (2pt) .....Each $320.00 Theoretical Maximum Specific Gravity (Rice) (Gmm) .........................................Each $155.00 Cement, Concrete, & Masonry Testing Chloride Ion .......................................................................................................Each $200.00 Compressive Strength – Block or Block Prism ...................................................Each $230.00 Compressive Strength - Concrete Cores ...........................................................Each $95.00 Compressive Strength - Cube (Grout & Mortar) .................................................Each $45.00 Compressive Strength - Cylinders .....................................................................Each $25.00 Density, Absorption & Voids of Hardened Concrete ...........................................Each $630.00 Flexural Strength of Concrete ............................................................................Each $75.00 Length Change of Hardened Hydraulic-Cement Mortar and Concrete ...............Each $400.00 Measuring Thickness of Concrete Elements (Drilled Cores) ..............................Each $70.00 Potential Alkali Silica Reactivity (ASR) ...............................................................Each $830.00 Equipment Core Machine/Sampling ...................................................................................Day $300.00 Dynamic Cone Penetrometer (DCP) .................................................................Day $200.00 Electrical Resistivity - Field (AEMC Gauge) ......................................................Day $100.00 Floor Flatness Equipment .................................................................................Day $300.00 Relative Humidity Probe/Sensor .......................................................................Each $80.00 Settlement Monitoring Plate ..............................................................................Each $300.00 Standard Field Equipment ................................................................................Each $25.00 Vapor Emission Test Kit ...................................................................................Each $60.00 Soil Testing Atterberg Limits (Plasticity Index) ......................................................................Each $125.00 CBR Laboratory Compacted (3pt) .....................................................................Each $630.00 CBR Laboratory Compacted (1pt) .....................................................................Each $230.00 Density (Wet/Dry) .............................................................................................Each $30.00 Direct Shear Test of Soils (Consolidated Drained) (3pt) ....................................Each $1,600.00 Dispersion - Crumb ...........................................................................................Each $95.00 Dispersion - Pinhole ..........................................................................................Each $190.00 Material Finer than No. 200 Sieve .....................................................................Each $85.00 Moisture Content ..............................................................................................Each $21.00 Moisture Content - Microwave ..........................................................................Each $50.00 One-Dimensional Consolidation Test ................................................................Each $440.00 Organic Content - Soils .....................................................................................Each $105.00 Oversize Particle Correction .............................................................................Each $125.00 Particle Size (Gradation) - Hydrometer .............................................................Each $250.00 Particle Size (Gradation) - Sieve Analysis ..........................................................Each $135.00 Permeability - Flexible Wall Permeameter (Intact) ............................................Each $550.00 Permeability - Flexible Wall Permeameter (Remold) ..........................................Each $650.00 Proctor - Modified .............................................................................................Each $260.00 Proctor - Modified w/Additive ............................................................................Each $340.00 Proctor - Standard ............................................................................................Each $220.00 Proctor - Standard w/Chem Additive .................................................................Each $290.00 Swell or Collapse (One Dimensional) ................................................................Each $315.00 Triaxial Compression – Consolidated Drained (Intact) ......................................Each $1,730.00 Triaxial Compression – Consolidated Drained (Remold) ....................................Each $1,930.00 Triaxial Compression – Consolidated Undrained (Intact) ..................................Each $1,575.00 Triaxial Compression – Consolidated Undrained (Remold) ................................Each $1,775.00 Triaxial Compression – Unconsolidated Undrained ...........................................Each $180.00 Unconfined Compressive Strength - Intact Rock ...............................................Each $125.00 Unconfined Compressive Strength - Soils .........................................................Each $85.00 Sprayed Fire Resistive Materials (SFRM) Adhesion of SFRM to Structural Members (Field) ..............................................Each $25.00 Thickness and Density of SFRM to Structural Members ....................................Each $90.00 General Terms and Conditions 1. These Unit Fees are in effect until January 1, 2026. Services and fees not listed above will be quoted upon request. 2. All services charged are portal-to-portal. 3. Services provided on Saturday, Sunday, Holidays, or in excess of 8-hours/day will be charged at 1.5 times the unit fee. 4. Services provided before 6:00 a.m. and after 6:00 p.m. will be charged at 1.5 times the unit fee. 5. Mileage Rate subject to change based on Federal and IRS rate changes. 6. Subcontracted services and expenses will be invoiced at our cost plus 20% 7. Project Manager time will be included for project coordination and report review. 8. Per Diem will be billed at actual cost + 15% unless otherwise specified. Page 1 of 8 GENERAL PROVISIONS These General Provisions are attached to and made a part of the respective Letter Agreement or Master Agreement, dated August 20, 2025, between City of Fayetteville, AR (“Client”) and Olsson, Inc. (“Olsson”) for professional services in connection with the project or projects arising under such Letter Agreement or Master Agreement (the “Project(s)”). As used herein, the term "this Agreement" refers to these General Provisions, the applicable Letter Agreement or Master Agreement, and any other exhibits or attachments thereto as if they were part of one and the same document. SECTION 1—OLSSON’S SCOPE OF SERVICES Olsson’s scope of services for the Project(s) is set forth in the applicable Letter Agreement or Master Agreement (“Scope of Services”). SECTION 2—ADDITIONAL SERVICES 2.1 Unless otherwise expressly included, Scope of Services does not include the categories of additional services set forth in Sections 2.2 and 2.3. 2.2 If Client and Olsson mutually agree for Olsson to perform any optional additional services as set forth in this Section 2.2 (“Optional Additional Services”), Client will provide written approval of the agreed-upon Optional Additional Services, and Olsson shall perform or obtain from others such services and will be entitled to an increase in compensation at rates provided in this Agreement. Olsson may elect not to perform all or any of the Optional Additional Services without cause or explanation: 2.2.1 Preparation of applications and supporting documents for governmental financial support of the Project(s); preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 2.2.2 Services to make measured drawings of or to investigate existing conditions of facilities. 2.2.3 Services resulting from changes in the general scope, extent or character of the Project(s) or major changes in documentation previously accepted by Client where changes are due to causes beyond Olsson's control. 2.2.4 Services resulting from the discovery of conditions or circumstances which were not contemplated by Olsson at the commencement of this Agreement. Olsson shall notify Client of the newly discovered conditions or circumstances and Client and Olsson shall renegotiate, in good faith, the compensation for this Agreement, if amended terms cannot be agreed upon, Olsson may terminate this Agreement and Olsson shall be paid for its services through the date of termination. 2.2.5 Providing renderings or models. 2.2.6 Preparing documents for alternate bids requested by Client. 2.2.7 Analysis of operations, maintenance or overhead expenses; value engineering; the preparation of rate schedules; earnings or expense statements; cash flow or economic evaluations or; feasibility studies, appraisals or valuations. 2.2.8 Furnishing the services of independent professional associates or consultants for work beyond the Scope of Services. 2.2.9 Services necessary due to the Client’s award of more than one prime contract for the Project(s); services necessary due to the construction contract containing cost plus or incentive-savings provisions; services necessary in order to arrange for performance by persons other than the prime contractor; or those services necessary to administer Client’s contract(s). 2.2.10 Services in connection with staking out the work of contractor(s). 2.2.11 Services during out-of-town travel or visits to the site beyond those specifically identified in this Agreement. 2.2.12 Preparation of operating and maintenance manuals. 2.2.13 Services to redesign some or all of the Project(s). 2.2.14 Preparing to serve or serving as a consultant or witness or assisting Client with any litigation, arbitration or other legal or administrative proceeding. 2.2.15 Services relating to Construction Observation, Certification, Inspection, Construction Cost Estimating, project observation, construction management, construction scheduling, construction phasing or review of Contractor's performance means or methods. 2.3 Whenever, in its sole discretion, Olsson determines additional services as set forth in this Section 2.3 are necessary to avoid a delay in the completion of the Project(s) (“Necessary Additional Services”), Olsson shall perform or obtain from others such services without waiting for specific instructions from Client, and Olsson will be entitled to an increase in compensation for such services at the standard hourly billing rate charged for those employees performing the services, plus reimbursable expenses, if any: 2.3.1 Services in connection with work directive changes and/or change orders directed by the Client to any contractors. 2.3.2 Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by contractor(s); services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by contractor(s); or evaluating an unreasonable or extensive number of claims submitted by contractor(s) or others in connection with the Project(s). 2.3.3 Services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. Page 2 of 8 2.3.4 Additional or extended services during construction made necessary by (1) work damaged during construction, (2) a defective, inefficient or neglected work by any contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, or (4) default by any contractor. SECTION 3—CLIENT'S RESPONSIBILITIES 3.1. Client shall provide all criteria and full information as to Client's requirements for the Project(s); designate and identify in writing a person to act with authority on Client's behalf in respect of all aspects of the Project(s); examine and respond promptly to Olsson's submissions; and give prompt written notice to Olsson whenever Client observes or otherwise becomes aware of any defect in the Olsson’s services. 3.2 Client agrees to pay Olsson the amounts due for services rendered and expenses within thirty (30) days after Olsson has provided its invoice for such services. In the event Client disputes any invoice item, Client shall give Olsson written notice of such disputed item within fifteen (15) days after receipt of such invoice and shall pay to Olsson the undisputed portion of the invoice according to the provisions hereof. 3.2.1 If Client fails to make any payment due Olsson for services and expenses within thirty (30) days after receipt of Olsson's statement therefore, Olsson may, after giving seven (7) days written notice to Client, suspend services to Client under this Agreement until Olsson has been paid in full all amounts due for services, expenses and charges and Client will not obtain any license to any Work Product or be entitled to retain or use any Work Product pursuant to Section 7.1 unless and until Olsson has been paid in full and Client has fully satisfied all of its obligations under this Agreement. 3.3 Payments to Olsson shall not be withheld, postponed or made contingent on the construction, completion or success of the Project(s) or upon receipt by the Client of offsetting reimbursements or credit from other parties who may have caused the need for additional services. No withholdings, deductions or offsets shall be made from Olsson’s compensation for any reason unless and until Olsson has been found to be legally liable for such amounts. 3.4 Client shall also do the following and pay all costs incident thereto: 3.4.1 Furnish to Olsson any existing and/or required borings, probings or subsurface explorations; hydrographic surveys; laboratory tests or inspections of samples, materials or equipment; appropriate professional interpretations of any of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic or utility surveys; property descriptions; and/or zoning or deed restrictions; all of which Olsson may rely upon in performing services hereunder. 3.4.2 Guarantee access to and make all provisions for Olsson to enter upon public and private property reasonably necessary to perform its services on the Project(s). 3.4.3 Provide such legal, accounting, independent cost estimating or insurance counseling services as may be required for the Project(s); any auditing service required in respect of contractor(s)' applications for payment; and/or any inspection services to determine if contractor(s) are performing the work legally. 3.4.4 Provide engineering surveys to establish reference points for construction unless specifically included in Olsson’s Scope of Services. 3.4.5 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project(s). 3.4.6 If more than one prime contractor is to be awarded the contract for construction, designate a party to have responsibility and authority for coordinating and interfacing the activities of the various prime contractors. 3.4.7 All fees and other amounts payable by Client under this Agreement are exclusive of taxes and similar assessments. Without limiting the foregoing, Client is responsible and liable for all sales, service, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, county or local governmental authority on any amounts payable by Client under this Agreement, other than any taxes imposed on Olsson’s income. In the event any governmental authority assesses Olsson for taxes, duties, or charges of any kind in connection with Scope of Services provided by Olsson to Client, Olsson shall be entitled to submit an invoice to Client, its successors or assigns, for the amount of said assessment and related interest and penalties. Client shall pay such invoice in accordance with Olsson’s standard payment terms. 3.5 Client shall pay all costs incident to obtaining bids or proposals from contractor(s). 3.6 Client shall pay all permit application review costs for government authorities having jurisdiction over the Project(s). 3.7 Contemporaneously with the execution of this Agreement, Client shall designate in writing an individual to act as its duly authorized Project(s) representative. 3.8 Client shall bear sole responsibility for: 3.8.1 Jobsite safety. Neither the professional activities of Olsson, nor the presence of Olsson or its employees or sub - consultants at the Project, shall impose any duty on Olsson relating to any health or safety laws, regulations, rules, programs, or procedures. Client, itself or through its separate contractor(s), shall be responsible for jobsite safety. Notwithstanding the foregoing, Olsson shall be responsible for the safety of Olsson’s own employees. 3.8.2 Notifying third parties including any governmental agency or prospective purchaser, of the existence of any hazardous or dangerous materials located in or around the Project(s) site. 3.8.3 Providing and updating Olsson with accurate information regarding existing conditions, including the existence of hazardous or dangerous materials, proposed Project(s) site uses, any change in Project(s) plans, and all subsurface installations, such as pipes, tanks, cables and utilities within the Project(s) site. Page 3 of 8 3.8.4 Providing and assuming all responsibility for: interpretation of contract documents; Construction Observations; Certifications; Inspections; Construction Cost Estimating; project observations; construction management; construction scheduling; construction phasing; and review of Contractor’s performance, means and methods. Client waives any claims against Olsson and releases Olsson from liability relating to or arising out of such services and agrees, to the fullest extent permitted by law, to indemnify and hold Olsson harmless from any and all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, relating to such actions and services. 3.9 Client releases Olsson from liability for any incorrect advice, judgment or decision based on inaccurate information furnished by Client or others. 3.10 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including hazardous materials, encountered on the site, Olsson may immediately stop work in the affected area and report the condition to Client. Client shall be solely responsible for retaining independent consultant(s) to determine the nature of the material and to abate or remove the material. Olsson shall not be required to perform any services or work relating to or in the area of such material until the material has been removed or rendered harmless and only after approval, if necessary of the government agency with jurisdiction. SECTION 4—MEANING OF TERMS 4.1 The “Cost of Construction” of the entire Project(s) (herein referred to as "Cost of Construction") means the total cost to Client of those portions of the entire Project(s) designed and specified by Olsson, but it will not include Olsson's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include Client's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project(s) or the cost of other services to be provided by others to Client pursuant to Section 3. 4.2 The “Salary Costs”: Used as a basis for payment mean salaries and wages (base and incentive) paid to all Olsson's personnel engaged directly on the Project(s), including, but not limited to, engineers, architects, surveyors, designers, draftsmen, specification writers, estimators, other technical and business personnel; plus the cost of customary and statutory benefits, including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay and other group benefits. 4.3 “Certify” or “a Certification”: If included in the Scope of Services, such services shall be limited to a statement of Olsson’s opinion, to the best of Olsson’s professional knowledge, information and belief, based upon its periodic observations and reasonable review of reports and tests created by Olsson or provided to Olsson. Olsson shall not be responsible for constant or exhaustive observation of the work. Client understands and agrees that any certifications based upon discrete sampling observations and that such observations indicate conditions that exist only at the locations and times the observations were performed. Performance of such observation services and certification does not constitute a warranty or guarantee of any type, since even with diligent observation, some construction defects, deficiencies or omissions in the work may occur. Olsson shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the contractor(s) or for the contractor’s safety precautions and programs nor for failure by the contractor(s) to comply with any laws or regulations relating to the performance or furnishing of any work by the contractor(s). Client shall hold its contractor(s) solely responsible for the quality and completion of the Project(s), including construction in accordance with the construction documents. Any duty under this Agreement is for the sole benefit of the Client and not for any third party, including the contractor(s) or any subcontractor(s). Olsson shall sign pre- printed form certifications only if (a) Olsson approves the form of such certification prior to the commencement of its services, (b) such certification is expressly included in the Scope of Services, (c) the certification is limited to a statement of professional opinion and does not constitute a warranty or guarantee, express or implied. It is understood that any certification by Olsson shall not relieve the Client or the Client’s contractors of any responsibility or obligation they may have by industry custom or under any contract. 4.4 “Opinion of Probable Cost”: An opinion of probable construction cost made by Olsson. In providing opinions of probable construction cost, it is recognized that neither the Client nor Olsson has control over the costs of labor, equipment or materials, or over the contractor’s methods of determining prices or bidding. The opinion of probable construction costs is based on Olsson’s reasonable professional judgment and experience and does not constitute a warranty, express or implied, that the contractor’s bids or the negotiated price of the work on the Project(s) will not vary from the Client’s budget or from any opinion of probable cost prepared by Olsson. 4.5 “Day”: A calendar day of 24 hours. The term “days” shall mean consecutive calendar days of 24 hours each, or fraction thereof. 4.6 “Construction Observation”: If included in the Scope of Services, such services during construction shall be limited to periodic visual observation and testing of the work to determine that the observed work generally conforms to the contract documents. Olsson shall not be responsible for constant or exhaustive observation of the work. Client understands and agrees that such visual observations are discrete sampling procedures and that such procedures indicate conditions that exist only at the locations and times the observations were performed. Performance of Construction Observation services does not constitute a warranty or guarantee of any type, since even with diligent observation, some construction defects, deficiencies or omissions in the work may occur. Olsson shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the contractor or for the contractor’s safety precautions and programs nor for failure by the contractor to comply with any laws or regulations relating to the performance or furnishing of any work by the contractor. Client shall hold its contractor(s) solely responsible for the quality and completion of the Project(s), including construction in accordance with the construction documents. Any duty under this Agreement is for the sole benefit of the Client and not for any third party, including the contractor or any subcontractor. Client, or its designees shall notify Olsson at least twenty-four (24) hours in advance of any field tests and observations required by the construction documents. Page 4 of 8 4.7 “Inspect” or “Inspection”: If included in the Scope of Services, such services shall be limited to the periodic visual observation of the contractor’s completed work to permit Olsson, as an experienced and qualified professional, to determine that the observed work, generally conforms to the contract documents. Olsson shall not be responsible for constant or exhaustive observation of the work. Client understands and agrees that such visual observations are discrete sampling procedures and that such procedures indicate conditions that exist only at the locations and times the observations were performed. Performance of such observation services does not constitute a warranty or guarantee of any type, since even with diligent observation, some construction defects, deficiencies or omissions in the work may occur. Olsson shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the contractor(s) or for the contractor’s safety precautions and programs nor for failure by the contractor(s) to comply with any laws or regulations relating to the performance or furnishing of any work by the contractor(s). Client shall hold its contractor(s) solely responsible for the quality and completion of the Project(s), including construction in accordance with the construction documents. Any duty under this Agreement is for the sole benefit of the Client and not for any third party, including the contractor(s) or any subcontractor(s). Client, or its designees, shall notify Olsson at least twenty-four (24) hours in advance of any inspections required by the construction documents. 4.8 “Record Documents”: Drawings prepared by Olsson upon the completion of construction based upon the drawings and other data furnished to Olsson by the Contractor and others showing significant changes in the work on the Project(s) made during construction. Because Record Documents are prepared based on unverified information provided by others, Olsson makes no warranty of the accuracy or completeness of the Record Documents. SECTION 5—TERMINATION 5.1 Either party may terminate this Agreement, for cause upon giving the other party not less than seven (7) calendar days written notice of default for any of the following reasons; provided, however, that the notified party shall have the same seven (7) calendar day period in which to cure the default: 5.1.1 Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party; 5.1.2 Assignment of this Agreement or transfer of the Project(s) by either party to any other entity without the prior written consent of the other party; 5.1.3 Suspension of the Project(s) or Olsson’s services by the Client for more than ninety (90) calendar days, consecutive or in the aggregate. 5.2 In the event of a “for cause” termination of this Agreement by either party, the Client shall, within fifteen (15) calendar days after receiving Olsson’s final invoice, pay Olsson for all services rendered and all reimbursable costs incurred by Olsson up to the date of termination, in accordance with the payment provisions of this Agreement. 5.2.1 In the event of a “for cause” termination of this Agreement by Client and (a) a final determination of default is entered against Olsson under Section 6.2 and (b) Client has fully satisfied all of its obligations under this Agreement, Olsson shall grant Client a limited license to use the Work Product pursuant to Section 7.1. 5.3 The Client may terminate this Agreement for the Client’s convenience and without cause upon giving Olsson not less than seven (7) calendar days written notice SECTION 6—DISPUTE RESOLUTION 6.1. Dispute Resolution On the written notice of either party to the other of the election to submit any dispute under this Agreement, each party shall designate their representatives and shall meet within ten (10) days after the service of the notice. The parties themselves shall then attempt to resolve the dispute within ten (10) days of meeting. 6.2 Certification of Merit Client agrees that it will not assert any claim, including but not limited to, professional negligence, negligence, breach of contract, misconduct, error, omission, fraud, or misrepresentation (“Claim”) against Olsson, or any Olsson subconsultant, unless Client has first provided Olsson with a sworn certificate of merit affidavit setting forth the factual and legal basis for such Claim (the “Certificate”). The Certificate shall be executed by an independent engineer (“Certifying Engineer”) currently licensed and practicing in the jurisdiction of the Project site. The Certificate must contain: (a) the name and license number of the Certifying Engineer; (b the qualifications of the Certifying Engineer, including a list of all publications authored in the previous 10 years and a list of all cases in which the Certifying Engineer testified within the previous 4 years ; (c) a statement by the Certifying Engineer setting forth the factual basis for the Claim; (d) a statement by the Certifying Engineer of each and every act, error, or omission that the Certifying Engineer contends supports the Claim or any alleged violation of any applicable standard of care; (e) a statement by the Certifying Engineer of all opinions the Certifying Engineer holds regarding the Claim or any alleged violation of any applicable standard of care; (f) a list of every document related to the Project reviewed by the Certifying Engineer; and (g) a list of every individual who provided Certifying Engineer with any information regarding the Project. The Certificate shall be provided to Olsson not less than thirty (30) days prior to any arbitration or litigation commenced by Client or not less than ten (10) days prior to the initial response submitted by Client in any arbitration or litigation commenced by someone other than Client. The Certificate is a condition precedent to the right of Client to assert any Claim in any litigation or arbitration and Client’s failure to timely provide a Certificate to Olsson will be grounds for automatic dismissal of the Claim with prejudice. In any such instance, Olsson shall be entitled to an award of attorney’s fees, costs, and expenses. SECTION 7—MISCELLANEOUS 7.1 Reuse of Documents All documents, including drawings, specifications, reports, boring logs, maps, field data, data, test results, information, Page 5 of 8 recommendations, or opinions prepared or furnished by Olsson (and Olsson's independent professional associates and consultants) pursuant to this Agreement (“Work Product”), are all Olsson’s instruments of service, do not constitute goods or products, and are copyrighted works of Olsson. Olsson shall retain an ownership and property interest in such Work Product whether or not the Project(s) is completed. If Client has fully satisfied all of its obligations under this Agreement, Olsson shall grant Client a limited license to use the Work Product and Client may make and retain copies of Work Product for use in connection with the Project(s); however, such Work Product is for the exclusive use and benefit of Client or its agents in connection with the Project(s), are not intended to inform, guide or otherwise influence any other entities or persons with respect to any particular business transactions, and should not be relied upon by any entities or persons other than Client or its agents for any purpose other than the Project(s). Such Work Product is not intended or represented to be suitable for reuse by Client or others on extensions of the Project(s) or on any other Project(s). Client will not distribute or convey such Work Product to any other persons or entities without Olsson's prior written consent which shall include a release of Olsson from liability and indemnification by the third party. Any reuse of Work Product without written verification or adaptation by Olsson for the specific purpose intended will be at Client's sole risk and without liability or legal exposure to Olsson, or to Olsson's independent professional associates or consultants, and Client shall indemnify and hold harmless Olsson and Olsson's independent professional associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation of Work Product will entitle Olsson to further compensation at rates to be agreed upon by Client and Olsson. 7.2 Electronic Files By accepting and utilizing any electronic file of any Work Product or other data transmitted by Olsson, the Client agrees for itself, its successors, assigns, insurers and all those claiming under or through it, that by using any of the information contain ed in the attached electronic file, all users agree to be bound by the following terms. All of the information contained in any electronic file is the work product and instrument of service of Olsson, who shall be deemed the author, and shall retain all common law, statutory law and other rights, including copyrights, unless the same have previously been transferred in writing to the Client. The information contained in any electronic file is provided for the convenience to the Client and is provided in “as is” condition. The Client is aware that differences may exist between the electronic files transferred and the printed hard -copy original signed and stamped drawings or reports. In the event of a conflict between the signed original documents prepared by Olsson and the electronic files, which may be transferred, the signed and sealed original documents shall govern. Olsson specifically disclaims all warranties, expressed or implied, including without limitation, and any warranty of merchantability or fitness for a particular purpose with respect to any electronic files. It shall be Client’s responsibility to confirm the accuracy of the information contained in the electronic file and that it accurately reflects the information needed by the Client. Client shall not retransmit any electronic files, or any portion thereof, without including this disclaimer as part of any such transmissions. In addition, Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Olsson, its officers, directors, employees and sub consultants against any and all damages, liabilities, claims or costs, including reasonable attorney’s and expert witness fees and defense costs, arising from any changes made by anyone other than Olsson or from any reuse of the electronic files without the prior written consent of Olsson. 7.3 Opinion of Probable Cost Since Olsson has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s)' methods of determining prices, or over competitive bidding or market conditions, Olsson's Opinion of Probable Cost provided for herein is made on the basis of Olsson's experience and qualifications and represent Olsson's best judgment as an experienced and qualified professional engineer, familiar with the construction industry. Client acknowledges and agrees that Olsson cannot and does not guarantee proposals or bids and that actual total Project(s) or construction costs may reasonably vary from Olsson’s Opinion of Probable Cost. If prior to the bidding or negotiating phase Client wishes greater assurance as to total Project(s) or construction costs, Client shall employ an independent cost estimator as provided in paragraph 3.4.3. If Olsson’s Opinion of Probable Cost was performed in accordance with its standard of care and was reasonable under the total circumstances, any services performed by Olsson to modify the contract documents to bring the construction cost within any limitation established by Client will be considered Optional Additional Services and paid for as such by Client. If, however, Olsson’s Opinion of Probable Cost was not performed in accordance with its standard of care and was unreasonable under the total circumstances and the lowest negotiated bid for construction of the Project(s) unreasonably exceeds Olsson's Opinion of Probable Cost, Olsson shall modify its work as necessary to adjust the Project(s)’ size, and/or quality to reasonably comply with the Client’s budget at no additional cost to Client. Under such circumstances, Olsson’s modification of its work at no cost shall be the limit of Olsson’s responsibility with regard to any unreasonable Opinion of Probable Cost. 7.4 Prevailing Wages It is Client's responsibility to determine whether the Project(s) is covered under any prevailing wage regulations. Unless Client specifically informs Olsson in writing that the Project(s) is a prevailing wage project and is identified as such in the Scope of Services, Client agrees to reimburse Olsson and to defend, indemnify and hold harmless Olsson from and against any liability, including costs, fines and attorneys' fees, resulting from a subsequent determination that the Project(s) was covered under any prevailing wage regulations. 7.5 Samples All material testing samples shall remain the property of the Client. If appropriate, Olsson shall preserve samples obtained no longer than forty-five (45) days after the issuance of any document that includes the data obtained from those samples. After that date, Olsson may dispose of the samples or return them to Client at Client's cost. 7.6 Standard of Care Olsson will strive to perform its services in a manner consistent with and limited to that level of care and skill ordinarily exercised by members of Olsson’s profession providing similar services in the same locality under similar circumstances at the time Page 6 of 8 Olsson’s services are performed. This Agreement creates no other representation, warranty or guarantee, express or implied. 7.7 Force Majeure Any delay in the performance of any of the duties or obligations of either party hereto (except the payment of money) shall not be considered a breach of this Agreement and the time required for performance shall be extended for a period equal to the period of such delay, provided that such delay has been caused by or is the result of any acts of God, acts of the public enemy, insurrections, riots, embargoes, labor disputes, including strikes, lockouts, job actions, boycotts, fires, explosions, floods, shortages of material or energy, or other unforeseeable causes beyond the control and without the fault or negligence of the party so affected. The affected party shall give prompt notice to the other party of such cause, and shall take promptly whatever reasonable steps are necessary to relieve the effect of such cause. 7.8 Equal Employment Opportunity Olsson and any sub-consultant or subcontractor shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60- 741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin or any other protected characteristic under applicable law. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status or any other protected characteristic under applicable law. Olsson and any sub-consultant or subcontractor certify that they do not operate any programs that promote DEI in a way that violates applicable federal anti-discrimination laws. 7.9 Confidentiality In performing this Agreement, the parties may disclose to each other written, oral, electronic, graphic, machine-readable, tangible or intangible, non-public, confidential or proprietary data or information in any form or medium, including but not limited to: (1) information of a business, planning, marketing , conceptual, design, or technical nature; (2) models, tools, hardware, software or source code; and (3) any documents, videos, photographs, audio files, data, studies, reports, flowcharts, works in progress, memoranda, notes, files or analyses that contain, summarize or are based upon any non- public, proprietary or confidential information (hereafter referred to as the "Information"). The Information is not required to be marked as confidential. 7.9.1 Therefore, Olsson and Client agree that the party receiving Information from the other party to this Agreement (the “Receiving Party”) shall keep Information confidential and not use the Information in any manner other than in the performance of this Agreement without prior written approval of the party disclosing Information (the “Disclosing Party”) unless Client is a public entity and the release of Information is required by law or legal process. 7.9.2 Prior to the start of construction on the Project, the existence of discussions between the parties, the purpose of this Agreement, and this Agreement shall be considered Information subject to the confidentiality provisions of this Agreement. 7.9.3 Notwithstanding anything to the contrary herein, the Receiving Party shall have no obligation to preserve the confidentiality of any Information which: 7.9.3.1 was previously known to the Receiving Party free of any obligation to keep it confidential; or 7.9.3.2 is or becomes publicly available by other than unauthorized disclosures; or 7.9.3.3 is independently developed by the Receiving Party without a breach of this Agreement; or 7.9.3.4 is disclosed to third parties by the Disclosing Party without restrictions; or 7.9.3.5 is received from a third party not subject to any confidentiality obligations. 7.9.4 In the event that the Receiving Party is required by law or legal process to disclose any of Information of the Disclosing Party, the Receiving Party required to disclose such Information shall provide the Disclosing Party with prompt oral and written notice, unless notice is prohibited by law (in which case such notice shall be provided as early as may be legally permissible), of any such requirement so that the Disclosing Party may seek a protective order or other appropriate remedy. 7.9.5 Notwithstanding anything to the contrary herein (or to the contrary of any existing or future nondisclosure, confidentiality or similar agreement between the parties), Olsson is authorized, to use, display, reproduce, publish, transmit, and distribute Information (including, but not limited to, videos and photographs of the Project) on and in any and all formats and media (including, but not limited to, Olsson’s internet website) throughout the world and in all languages in connection with or in any manner relating to the marketing, advertising, selling, qualifying, proposing, commercializing, and promotion of Olsson and/or its services and business and in connection with any other lawful purpose of Olsson. In the event of any conflict or inconsistency between the provisions of this section and any other prior or future nondisclosure, confidentiality or similar agreement between the parties, the terms of this section shall take precedence. 7.9.6 Nothing contained in this Agreement shall be construed as altering any rights that the Disclosing Party has in the Information exchanged with or disclosed to the Receiving Party, and upon request, the Receiving Party will return all Information received in tangible form to the Disclosing Party, or at the Receiving Party’s option, destroy all such Information. If the Receiving Party exercises its option to destroy the Information, the Receiving Party shall certify such destruction to the Disclosing Party. 7.9.7 The parties acknowledge that disclosure or use of Information in violation of this Agreement could cause irreparable harm for which monetary damages may be difficult to ascertain or constitute an inadequate remedy. Each party therefore agrees that the Disclosing Party shall be entitled in Page 7 of 8 addition to its other rights to seek injunctive relief for any violation of this Agreement. 7.9.8 The obligations of confidentiality set forth herein shall survive termination of this Agreement but shall only remain in effect for a period of one (1) year from the date the Information is first disclosed. 7.10 Damage or Injury to Subterranean Structures or Utilities, Hazardous Materials, Pollution and Contamination 7.10.1 To the extent that work pursuant to this Agreement requires any sampling, boring, excavation, ditching or other disruption of the soil or subsurface at the Site, Olsson shall confer with Client prior to such activity and Client will be responsible for identifying, locating and marking, as necessary, any private subterranean structures or utilities and Olsson shall be responsible for arranging investigation of public subterranean structures or utilities through an appropriate utility one-call provider. Thereafter, Olsson shall take all reasonable precautions to avoid damage or injury to subterranean structures or utilities which were identified by Client or the one- call provider. Olsson shall not be responsible for any damage, liability or costs, for any property damage, injury or economic loss arising or allegedly arising from damages to subterranean structures or utilities caused by subsurface penetrations in locations approved by Client and/or the one call provider or not correctly shown on any plans, drawings or utility clearance provided to Olsson, except for damages caused by the negligence of Olsson in the use of such information. 7.10.2 It is understood and agreed that any assistance Olsson may provide Client in the disposal of waste materials shall not result in Olsson being deemed as a generator, arranger, transporter or disposer of hazardous materials or hazardous waste as defined under any law or regulation. Title to all samples and waste materials remains with Client, and at no time shall Olsson take title to the above material. Client may authorize Olsson to execute Hazardous Waste Manifest, Bill of Lading or other forms as agent of Client. If Client requests Olsson to execute such documents as its agent, the Hazardous Waste Manifest, Bill of Lading or other similar documents shall be completed in the name of the Client. Client agrees to indemnify and hold Olsson harmless from any and all claims that Olsson is a generator, arranger, transporter, or disposer of hazardous waste as a result of any actions of Olsson, including, but not limited to, Olsson signing a Hazardous Waste Manifest, Bill of Lading or other form on behalf of Client. 7.10.3 At any time, Olsson can request in writing that Client remove samples, cuttings and hazardous substances generated by the Project(s) from the project site or other location. Client shall promptly comply with such request, and pay and be responsible for the removal and lawful disposal of samples, cuttings and hazardous substances, unless other arrangements are mutually agreed upon in writing. 7.10.4 Client shall release Olsson of any liability for, and shall defend and indemnify Olsson against any and all claims, liability and expense resulting from operations under this Agreement on account of injury to, destruction of, or loss or impairment of any property right in or to oil, gas, or other mineral substance or water, if at the time of the act or omission causing such injury, destruction, loss or impairment, said substance had not been reduced to physical possession above the surface of the earth, and for any loss or damage to any formation, strata, reservoir beneath the surface of the earth. 7.10.5 Notwithstanding anything to the contrary contained herein, it is understood and agreed by and between Olsson and Client that the responsibility for pollution and contamination shall be as follows: 7.10.5.1 Unless otherwise provided herein, Client shall assume all responsibility for, including control and removal of, and protect, defend and save harmless Olsson from and against all claims, demands and causes of action of every kind and character arising from pollution or contamination (including naturally occurring radioactive material) which originates above the surface of the land or water from spills of fuels, lubricants, motor oils, pipe dope, paints, solvents, ballast, bilge and garbage, except unavoidable pollution from reserve pits, wholly in Olsson’s possession and control and directly associated with Olsson’s equipment. 7.10.5.2 In the event a third party commits an act or omission which results in pollution or contamination for which either Olsson or Client, for whom such party is performing work, is held to be legally liable, the responsibility therefore shall be considered as between Olsson and Client, to be the same as if the party for whom the work was performed had performed the same and all of the obligations regarding defense, indemnity, holding harmless and limitation of responsibility and liability, as set forth herein, shall be specifically applied. 7.11 Controlling Law and Venue The parties agree that this Agreement and any legal actions concerning its validity, interpretation or performance shall be governed by the laws of the State of Arkansas. It is further agreed that any legal action between the parties arising out of this Agreement or the performance of services shall be brought in a court of competent jurisdiction in Arkansas. 7.12 Subconsultants Olsson may utilize as necessary in its discretion subconsultants and other subcontractors. Olsson will be paid for all services rendered by its subconsultants and other subconsultants as set forth in this Agreement. 7.13 Assignment 7.13.1 Client and Olsson each are hereby bound and the partners, successors, executors, administrators and legal representatives of Client and Olsson (and to the extent permitted by paragraph 7.13.2 the assigns of Client and Olsson) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 7.13.2 Neither Client nor Olsson shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or Page 8 of 8 discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Olsson from employing such subconsultants and other subcontractors as Olsson may deem appropriate to assist in the performance of services under this Agreement. 7.13.3 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than Client and Olsson, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Client and Olsson and not for the benefit of any other party. There are no third -party beneficiaries of this Agreement. 7.14 Indemnity (Omitted) 7.15 Limitation on Damages 7.15.1 Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither party’s individual employees, principals, officers or directors shall be subject to personal liability or damages arising out of or connected in any way to the Project(s) or to this Agreement. 7.15.2 Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither Client nor Olsson, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any delay damages, any punitive damages or any incidental, indirect or consequential damages arising out of or connected in any way to the Project(s) or to this Agreement. This mutual waiver of delay damages and consequential damages shall include, but is not limited to, disruptions, accelerations, inefficiencies, increased construction costs, increased home office overhead, loss of use, loss of profit, loss of business, loss of income, loss of reputation or any other delay or consequential damages that either party may have incurred from any cause of action including, but not limited to, negligence, statutory violations, misrepresentation, fraud, deceptive trade practices, breach of fiduciary duties, strict liability, breach of contract and/or breach of strict or implied warranty. Both the Client and Olsson shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in the Project(s). 7.15.3 Notwithstanding any other provision of this Agreement, Client agrees that, to the fullest extent permitted by law, Olsson’s total liability to the Client for any and all injuries, claims, losses, expenses, damages, or claims expenses of any kind arising from any services provided by or through Olsson under this Agreement, shall not exceed the amount of Olsson’s fee earned under this Agreement. Client acknowledges that such causes include, but are not limited to, negligence, statutory violations, misrepresentation, fraud, deceptive trade practices, breach of fiduciary duties, strict liability, breach of contract and/or breach of strict or implied warranty. This limitation of liability shall apply to all phases of Olsson’s services performed in connection with the Project(s), whether subsequent to or prior to the execution of this Agreement. 7.16 Entire Agreement/Severability This Agreement supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by the Client and Olsson. If any part of this Agreement is found to conflict with applicable law, such part alone shall be null and void and considered stricken, but the remainder of this Agreement shall be given full force and effect. General Provisions Updated: 08/20/2025