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HomeMy WebLinkAbout151-02 RESOLUTION• RESOLUTION NO. i si-n7 A RESOLUTION TO APPROVE A CONTRACT WITH C -TEC, INC. IN THE AMOUNT OF $325,884.00 PLUS A PROJECT CONTINGENCY OF $32,588.00 FOR CONSTRUCTION OF THE SKATE PARK AT WALKER PARK AND APPROVAL OF A BUDGET ADJUSTMENT TO ACKNOWLEDGE RECEIPT OF $110, 623 00 IN STATE AND PRIVATE GRANTS AND DONATIONS 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 approves a contract with C -TEC, Inc., attached as Exhibit A, in the amount of $325,884.00 plus a project contingency of $32,588.00 for construction of the skate park at Walker Park. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment attached as Exhibit Bin the amount of $110,623.00 to acknowledge receipt of state and local grants and donations for the skate park. PASSED and APPROVED this the 1st day of October, 2002. ATTEST: Heather Woodruff, City e& APPROVED: By: DAN COODY, Mayo NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No.151-02 Document ffr 1 10/01/02 Resolution # 151-02 2 09/19/02 Contract with C -TEC, Inc. - $32,588 for construction of a $325,884 plus a contingency of skate park at Walker Park 3 10/02/02 Contract agreement C Tec, Inc. and City of Fayetteville 4 10/08/02 Memo to Eric Schuldt, Parks and Recreation from Heather Woodruff NOTES: fil11/491/ynorn 71,,P,..ea • • STAFF REVIEW FORM XX_ Agenda Request XX— Contract Review Grant Review For the Fayetteville City Council meeting of: October 1, 2002 FROM: Eric J. Schuldt Name Parks and Recreation Division • Urban Development Department ACTION REQUIRED• Award of bid n2-42 and approval of a contract with C TEC Inc in the amount of $725,884, plus a project contingency of$32,588 for a total cost of$358,472, and approval of a budget adjustment for construction of a skatepark at Walker Park. COST TO CITY: $358,472 $358,472 Cost of this Request 1010.11 09 1533.00 2250.9250 5806.00 1010.1 005,03 Account Number 00006 —1 Project Number $5,623 $75,000 $275,000 Category/Project Budget $35 $24,730 $19,832 Funds Used to Date $5,588 $50,270 $255,168 Remaining Balance Budgeted Item XX Budget Adjustment Attached Administrative Services Director CO .TRACT/ RANT/LEASE REVIEW Accounting Manager Date Purchas ng Officer ate Date GRANTING AGENCY: ADA Coordinator x Internal /Auditor Skate Park Category/Project Name Park Improvements Program Name Community Donations Parks Development Park Land Dedication 'Fund Date g/ufor Date STAFF RECOMI%jENDATION: Award of bid #02-42 and approval of contract and budget adjustment. Division Hee Date voZ Date Date Cross Reference New Item: Yes X No Prey Ord/Res #: Orig Contract Date: 1 I • FAYETTEVILLE THE CffY OF FAYETTEVILLE, ARKANSAS TO: THRU• FROM: DATE: SUBJECT: Mayor Coody and City Council Hugh Earnest, Urban Development Director Connie onston, Parks and Recreation Superintendent Eric chuldt, Parks Development Coordinator September 11, 2002 Award of Bid #02-42 and Approval of Contract for Fayetteville Skatepark at Walker Park. Background The Fayetteville Skatepark, which was designed in a series of public workshops with Fayetteville skaters, will be an 18,870 sq. ft. concrete facility. The skatepark will have beginner and advanced sections to accommodate all skill levels. Many of the elements within the skatepark will duplicate what the skaters use on our city streets. Purkiss-Rose, RSI was hired to design, hold public workshops and perform four construction site visits. Construction is intended to begin this fall, so that the skatepark will be ready for participant use in the spring. The project funds will come from the Capital Improvement Program, Park Land Dedication Funds, a $100,000 matching grant from the Arkansas Outdoor Recreation Grants Program, a $5,000 grant from the Tony Hawk Foundation and $5,623 from community donations. Current Status Bids were opened on September 11, 2002 at 2:00 p.m. Four bids were received. C -TEC Inc. had the low bid for the project. Recommendation Parks and Recreation Staff and Purkiss-Rose have reviewed the bids and recommend the contract be awarded to C -TEC, Inc. in the amount of $325,884, plus a ten percent contingency of $32,588 and approval of a budget adjustment. If you have any questions or need additional information, please call me at 444-3472 or Connie Edmonston at 444-3473. Attachments: Purkiss-Rose Recommendation Bid Tabulation Sheet Contract 0 O O O O v p v v p O O O O O E 1 • 0 0 sols AO NOI1v7ABV1 ❑❑❑ U g ❑ ❑ 5 b ❑ ❑ • • City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2002 Department: Urban Development Division: Parks & Recreation Program: Parks Development Date Requested 09/11/2002 Adjustment # Project or Item Requested: City Council approved State of Arkansas Department of Parks & Tourism's Outdoor Recreation Grants application on July 3, 2001. Additionally, City Council approved Tony Hawk Foundation grant application on September 3, 2002. Project or Item Deleted: None Justification of this Increase: To recognize grant revenue received. Justification of this Decrease: Increase Expen e (Decrease Revenue) Account Name Amount Account Number Project Number Park Improvements 105,000 2250 9250 5806 00 00006 1 Account Name Decrease Expense (Increase Revenue) Amount Account Number State Grants 100,000 Commercial Grants 5.000 2250 0925 4302 00 2250 0925 4305 00 Project Number Approval Signatures Admin. Se 1-17-0 1 - Date Date -/d uZ Date 1q-dz Date Mayor ' Date Budget Office Use Only Type: A B C E Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log Blue Copy: Budget & Research / Yellow Copy: Requester Special Instructions: Requester: John Nelson g Vendor #: Vendor Name: 1 C -TEC Inc CITY OF FAYETTEVILLE Purchase Requisition (not a purchase alder) •r v_D. Admin. Services Director: Budget Coordinator: Data Processing Mgr: SHIPPING/HANDLING Contract # Skatepark Construction Description: 1 #02-42 1 , 0 F co CD cA O� W 0_ 5,588.00 0) CM $ 255,168.00 i ? N a N O O O CT IA O co O O O CJ1 1 255,168.00 Extended cost N O O 1010.1533.00 2250.9250.5806.00 1010.1505.03 Account Number: 'Requester's Employee#: 1003 Ship To Code: 75 FOB Point: 00006.1 00006.1 U 00006.1 ProjecVSubProject Number: Extension: 406 <-x1 IN N x S 1 N F <3 N d I ZC O Io x V 33 Tax: (p 0 O 6 Q Expected Delivery Date: Date: 09/12/02 Lt. • • REQUEST FOR VENDOR FILE MAINTENANCE (CHECK ALL AVAILABLE RESOURCES, VENDOR LIST, ACCESS SYSTEM PRIOR TO SUBMISSION OF THIS REQUEST) DATE OF REQUEST: September 12, 2002 REQUESTED BY: DEPT./DIVISION: U.D. / Parks & Rec. EFFECTIVE DATE: TELEPHONE EXTENSION: 406 John Nelson NEW VENDOR: X VENDOR CHANGE: VENDOR RE-ENTRY: VENDOR #: VENDOR #: VENDOR NAME: C -TEC Inc STREET OR P.O. BOX: P 0 Box 363 CITY: York ATTN: STATE: NE ZIP CODE: 68467 REMITTANCE ADDRESS IF DIFFERENT FROM ABOVE: NAME: ADDRESS: CITY, ST, ZIP: PHONE: 402-362-5951 402-3Q,-to4(v2 Fax FEDERAL ID NUMBER: OR SOCIAL SECURITY NUMBER: 47-07R6-514 TVPF (1F (1PnAMI7ATIl1IJ CORPORATION (100): X PARTNERSHIP (2001: INDIVIDUAL (30014 EMPLOYEE (4001• PENSION (5001. NON-PROFIT (6001. PURCHASING OFFICE USE ONLY NEW VENDOR: ENTERED BY: VENDOR CHANGES: DATE: VENDOR RE-ENTRY: G. L. FILE: W-9 FORM MAILED: INVENTORY FILE: EF-13-132 FEI 1Q:33 AM CEO • FAX:4023626462 • FACE 2 Section 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE ANI) CONTRACTOR THIS AGREEMENT is dated as of the day of in the year 2002 by and between the City of Fayetteville, Arkansas and .0 TLC, Incorporated (hereinafter called CONTRACTOR). The City of Fayetteville and CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agrce as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The work generally consists oi'the construction of an 18,870 sq. ft. skatepark, and all items indicated in the Drawings and Specifications for the project. Article 2. ENGINEER/LANDSCAPE ARCHITECT. The Provoet has been designed by Purk iss Rose - RSI 801 North Harbor Boulevard Fullerton; California 92832 Phone Number (714) 871-3638 Fax (714) 871-1188 who is hereinafter called ENGINEER/1.ANDSCAPE ARCHITECT and who is to act as the Ctty of Fayctteville's reprysentative, assume all duties and responsibilities, and have the rights and authority assigned to ENG1NEli'R/LANDSCAPE ARCH1l EC1 in the Contract Documents in cormection with completion of the Work in accordance with the Contract documents. Article 3: CONTRACT TIME. 3.1. The Work sh2tl be substantially completed within 90 consecutive calendar days alter the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraphs 14.073 & C of the General Conditions within 14 consecutive calendar days after the date when the Contract Time commences to run. City of Faypia1i5.: 06/17/02 Agreement Page •1 Fi?-•3 12 tki 1i;:34 AM CTEC • FAX:402362e462 =AGE 3 1 .31. LiquidurvdDamages. The City ofFayettevitle atid CONTRACTOR recognize thattime is of the essence of the Agreement and that the City of Fayetteville will suffer financial loss if the Work isnot completed within the times specified in paragraph 3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, eicperse and difficulties involved in proving the actual loss suffered by the City of Fayetteville if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of !Fayetteville and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the City ofFayetteville Two hundred dollars ($200.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail tb complete the retaining Work within the time specified in paragraph 3.1 for completion and readiness for falai payment or any proper extension thereof granted by the City of Fayetteville, CONTRACTOR shall pay the City of Fayetteville Two hundred dollars ($200.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. The City of Fayetteville shalt pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the atnotmts determined from the Rid Forth pursuant to paragraphs 4.1 and 4.2 below: 4.1. .for all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. for all .1 riit Price Work, an amount equal to the sum of the established Unit price for each sepurately identified item of Unit Price Work times the estimated quantity of that item as indicated m this paragraph 4.2. As provided -in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and clatzifications are to be made by ENGINEER/ARCHITECT as provided' in paragraph.9.OR of the General Conditions. Unit prices have been computed as provided in paragraph 11.03./3 of the General Conditions. City o; Fayetkn llc 06/17!02 Agreement Page -2 FF -:3-112 Fnl la:34 AM • Article 5. PAYMENT PROCEDURES FAX:41123626462 • PAGE CON'T'RACTOR shall submit Applications for Payment in accordance with Article 14 of the General Condition or as modified in the Supplementary Conditions, Applications for Payment will be processed by ENOINEEIULANDSCAPE ARCHITECT as provided in the General Conditions. 5.1. Progress Payments. The City of Fayetteville shall make progress payments on account of the C ontraet Price on the basis of CONTRACTOR's Applications for Payment as recommended by TLNO1NEER%L:ANDSCPE ARCHITECT, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02. All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based at the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements, City of F ycttcvilk: 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case. less the aggregate of payments previously made and less such amounts as ENGINEER/LANDSCAPE ARCHITECT shall determine, or the City of Fayetteville may withhold. in accordance with paralpaphs 14.02.8.5 & 14.02.D ofthe General Conditions. 90 percent of Work completed (with the balance of 10 percent being retainage), if Work has been 50 percent completed as determined by the ENOINEERJLANDSCAPE ARCHITECT, and if thecharacter andprogressofthe Work have been satisfactory to the City of Fayetteville and ENGINEER/LANDSCAPE ARCHITECT, the City of Fayetteville, on recommendation of ENGINEER/LANDSCAPE ARCHITECT, may determine that as long as the character and progress of the Work retrain satisfactory to them, there will be no additional retainagc on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to the City of Fayetteville as provided in paragraphs 14.02.8.5 & 14.02.D ofthc General Conditions. That is, if any such hems are setup for that type payment in the Specifications. 5,1.2. Upon Substantial Completion, in an amount sufficient to increase totalpayments to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being • retainage),: less such amounts as ENGINEER/LANDSCAPE ARCHITECT shall determine, or the City of Fayetteville may withhold, in accordance with paragraphs 14.02.1L5 &. 14.02.1) of the General Conditions. 06/17/02 Agreement Paas -9 SEP -13-92 FRI 1':;39 Am CTEC r"lin;4023626462 • PAGE 2 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.B & C of the General Conditions, the City of Fayetteville shall pay the remainder ofthe Contract Price as recommended by ENOINEER/I.ANUSCAPE ARCHITECT as provided hi said paragraphs 14.07.B & C. Article 6. CONTRACTOR'S REPRESENTATIONS, In order to induce the City of Fayetteville to enter into this Agreement CON'I'RACTOR makes the following representations: 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data" 6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general. focal, and site conditions that may affect cost, progress, performance, or furnishing ofthe Work.' 6.3. CONTRACTOR is Familiar with end is satisfied as to all federal, state, and local Laws and Regulations, that may affect cost, progress. performance, and furnishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface eonditimts at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary, Conditions as provided in paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.02 ofthe Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete kr CONTR2CTOR's purposes. CONTRACTOR acknowledges that the City of Fayetteville and ENGINEER/LANDSCAPE ARCHITECT do not assume responsibility for the accuracy or completeness of inforltation and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such •additiomtl supplementary examinations, investigations. cxplorations, tests, studies, and data Concerning Conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, teclmiques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations. tests, studies, or data are necessary kr the performance and furnishing.ofthe Work at the Contract Price, within the Contract Times. and in accordance with the other terms and conditions Of the Contract Documents. City nryuyenevak 06/17/02 Awvancnt Page -0 SE? -'3-02 NEI .;;40 AM CBC • FAX:4023626462 • ?AME 6.5. CONTRACTOR is aware of the general nature of work to be performed by the City of Fayetteville and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, ittformationand observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies. and data ivith the Contract Documents. 6.7. CONTRACTOR has given ENGINEER/LANDSCAPF. ARCHITECT written notice of all conflicts, errors. ambiguities, or discrepancies that CONTRACTOR has discovered inthe Contract Documents and the written resolution thereof by FNCYINE. RJLANT)SCAPE ARCHITECT is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all tents and conditions for performance and furnishing of the Work. • City of FAvL;tcvi@; 06/17/02 /Lot nom net -5 SEP -13-2 13 r. ns Int '.1;40 AM [TEC • FAX:4023626462 PAGE 4 Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the City of Fayetteville and CONTRACTOR concerning the Work consist of the following: 7.1 Advertisement lir Bids 7.2 Instructions to Bidders 73 Contractors Proposal 7.4 Bid Bond 7.5 Contractors Qualifications 7.6 Notice of Selection 7. This Agreement (pages 1 to 8 inclusive). 7.8 Performance and Payment Bonds. (Exhibits A and B respectively), 7.9 Cerlificates cif Insurance, (Exhibit C). 7,10 Notice u Proceed (00550) 7.11 General Conditions (pages 1 to 42, inclusive). 7.1.2 Supplementary Conditions (pages 1 to 13 inclusive). 7.11 Specifications as listed in the table of c:ontonts. 7.14 Addenda mimbers _ to , inclusive. '7.15 Six sets of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered 1 through 9 with each sheet bearing the following general title: Fayetteville Skate Park. 7.16 The following which may be delivered or issued after the Effective Date ofthe Agreement and are not attached hereto: 7:16.1 All Written Amendments and other documents amending: modifying or supp R * ting the Contract .Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly non Chy o'Fayettevillc 06/17/02 Agrta—hent Page -6 SEF -13-)2 rnI 11:40 AY'. CTEC otherwise above). • PAX:4323626d62• PACE There are no Contract Documentsothet than those listed above in this Article 7. The Contract Documents may ony be amended. modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. -MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 ofthe General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and. specifically^hui without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.1 'the City of Fayetteville and CONTRACTOR each binds itself, it partners, successors, assigns. and legal representatives to the other party hereto, Sts partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8:4. Any provision or partofthe Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken, provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intemion of the stricken provision. City Of Nayarnilie 06/17/02 Agreement Page .7 SEP -i;-02 FRI 1';41 Art C;EC FAX:4023626462 PAGE 6 IN WITNESS WHEREOF. tayofFayetteville and C.ONEW. rvs. l-slgicutwo - in quadruplicate. One counterpart each has been delivered been city cifered to FONfRACTOR ayetteville and ENCINEER/l,ANfSCAPE ARCHITECT, and two counterparts d All portions of the Contract Documents have been signed, initialed, or identified by the City of Fayetteville and CONTRACTOR or identified by ENGINEER/LANDSCAPE ARCHITECT on their behalf. 2002 (which is the Effective Date of finis Agreement will be effective on the Agreement). OWNER: City of Fayetteville By: . .. — Mayor [CORPORATE SEAL] Attest Address for giving notices (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) City oflitlyenevilk CONTRA( TOR: Prestdent Title [CORPORATE SEAL] s Attest • If a Corporation, attest by the Secretary. Addrss for giving notices C TEC, Incorporated P.O. Bo 363 123 East 10th Street York, NE 68467 License No. 0064580493 Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign) 06/17/02 Agreement Pagt 4 • • City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2002 Department: Urban Development Division: Parks & Recreation Program: Parks Development Date Requested 09/11/2002 Adjustment # Project or Item Requested: City Council approved State of Arkansas Department of Parks & Tourism's Outdoor Recreation Grants application on July 3, 2001. Additionally, City Council approved Tony Hawk Foundation grant application on September 3, 2002. Project or Item Deleted: None Justification of this Increase: To recognize grant revenue received. Justification of this Decrease: Increase Expense (Decrease Revenue) Account Name Amount Account Number Project Number Park Improvements 105,000 2250 9250 5806 00 00006 1 Decrease Expense (Increase Revenue) Account Name Amount Account Number Project Number State Grants 100 000 2250 0925 4302 00 Commercial Grants 5 000 2250 0925 4305 00 ro Appval Signatures II nn nn,, .. Requested By Date Budget Manager Date Department Director Date Admin. Services Director Date Mayor Date - Budget Office Use Only Type: A B C D E Date of Approval _ Posted to General Ledger Posted to Project Accounting Entered in Category Log Blue Copy: Budget & Research / Yellow Copy: Requester • • Section 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the day of (%(/ in the year 2002 by and between the City of Fayetteville, Arkansas and C TEC, Incorporated (hereinafter called CONTRACTOR). The City of Fayetteville and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The work generally consists of the construction of an 18,870 sq. ft. skatepark, and all items indicated in the Drawings and Specifications for the project. Article 2. ENGINEER/LANDSCAPE ARCHITECT. The Project has been designed by Purkiss Rose - RSI 801 North Harbor Boulevard Fullerton, California 92832 Phone Number (714) 871-3638 Fax(714)871-1188 who is hereinafter called ENGINEER/LANDSCAPE ARCHITECT and who is to act as the City of Fayetteville's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER/LANDSCAPE ARCHITECT in the Contract Documents in connection with completion of the Work in accordance with the Contract documents. Article 3. CONTRACT TIME. 3.1. The Work shall be substantially completed within 90 consecutive calendar days after the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraphs 14.07.B & C of the General Conditions within 14 consecutive calendar days after the date when the Contract Time continences to run. City of Fayetteville 06/17/02 Agreement Page -1 • • 3.2. Liquidated Damages. The City of Fayetteville and CONTRACTOR recognize that time is of the essence of the Agreement and that the City of Fayetteville will suffer financial loss if the Work. is not completed within the times specified in paragraph 3.1 above, plus and eattensio allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by the City of Fayetteville if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Fayetteville and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the City of Fayetteville Two hundred dollars ($200.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by the City of Fayetteville, CONTRACTOR shall pay the City of Fayetteville Two hundred dollars ($200.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. The City of Fayetteville shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the Bid Form pursuant to paragraphs 4.1 and 4.2 below: 4.1. for all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER/ARCHITECT as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.B of the General Conditions. City of Fayetteville 06/17/02 Agreement Page -2 • • Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by ENGINEER/LANDSCAPE ARCHITECT as provided in the General Conditions. 5.1. Progress Payments. The City of Fayetteville shall make progress payments on account ofthe Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER/LANDSCPE ARCHITECT, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02. All such payments will be measured by the schedule of values established in paragraph 2.07 ofthe General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. City of Fayetteville 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, less the aggregate of payments previously made and less such amounts as ENGINEER/LANDSCAPE ARCHITECT shall determine, or the City of Fayetteville may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 90 percent of Work completed (with the balance of 10 percent being retainage), If Work has been 50 percent completed as determined by the ENGINEER/LANDSCAPE ARCHITECT, and ifthe character and progress ofthe Work have been satisfactory to the City of Fayetteville and ENGINEER/LANDSCAPE ARCHITECT, the City of Fayetteville, on recommendation of ENGINEER/LANDSCAPE ARCHITECT, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to the City of Fayetteville as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being retainage), Tess such amounts as ENGINEER/LANDSCAPE ARCHITECT shall determine, or the City of Fayetteville may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 06/17/02 Agreement Page -3 0 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.B & C of the General Conditions, the City of Fayetteville shall pay the remainder of the Contract Price as recommended by ENGINEER/LANDSCAPE ARCHITECT as provided in said paragraphs 14.07.B & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce the City of Fayetteville to enter into this Agreement CONTRACTOR makes the following representations: 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing ofthe Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. CONTRACTOR has carefiily studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that the City of Fayetteville and ENGINEER/LANDSCAPE ARCHITECT do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. City of Fayetteville 06/17/02 Agreement Page 4 6.5. CONTRACTOR is aware of the general nature of work to be performed by the City of Fayetteville and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given ENGINEER/LANDSCAPE ARCHITECT written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER/LANDSCAPE ARCHITECT is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and famishing of the Work. City of Fayetteville 06/17/02 Agreement Page -5 Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the City of Fayetteville and CONTRACTOR concerning the Work consist of the following: 7.1 Advertisement for Bids 7.2 Instructions to Bidders 7.3 Contractors Proposal 7.4 Bid Bond 7.5 Contractors Qualifications 7.6 Notice of Selection 7.7 This Agreement (pages 1 to 8 inclusive). 7.8 Performance and Payment Bonds, (Exhibits A and B respectively). 7.9 Certificates of Insurance, (Exhibit C). 7.10 Notice to Proceed (00550) 7.11 General Conditions (pages 1 to 42, inclusive). 7.12 Supplementary Conditions (pages I to 13 inclusive). 7.13 Specifications as listed in the table of contents. 7.14 Addenda numbers _ to_, inclusive. 7.15 Six sets of drawings (not attached hereto) consisting o£ a cover sheet and additional sheets numbered I through 9 with each sheet bearing the following general title: Fayetteville Skate Park 7.16 The following which may be delivered or issued after the Effective Date ofthe Agreement and are not attached hereto: 7.16.1 All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly not' City of Fayetteville 06/17/02 Agreement Page -6 otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. The City of Fayetteville and CONTRACTOR each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. City of Fayetteville 06/17/02 Agreement Page -7 IN WITNESS WHEREOF, tJity of Fayetteville and CONTRACT have signed this Agreement in quadruplicate. One co�part each has been delivered to City of Fayetteville and ENGINEER/LANDSCAPE ARCHITECT, and two counterparts have been delivered to CONTRACTOR All portions of the Contract Documents have been signed, initialed, or identified by the City ofFayetteville and CONTRACTOR or identified by ENGINEER/LANDSCAPE ARCHITECT on their behalf. This Agreement will be effective on 8d JoO , 2002 (which is the Effective Date of the Agreement). OWNER: ity of F yetteville By: Mayor [CORPORATE SEAL] Attest I t l Address for giving notices (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) CONTRACTOR: By: fldThidenL Title [CORPORATE SEAL] * If a Corporation, attest by the Secretary. Address for giving notices C TEC, Incorporated P.O. Box 363 123 East 10`" Street York, NE 68467 License No, 0064580403 Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign) City of Fayetteville 06/17/02 00500 NOTICE TO PROCEED TO: PROJECT: Fayetteville Skatepark Construction DATE: You are hereby notified to commence WORK in accordance with the Contract dated on or before , and you are to substantially complete the WORK within ninety (90) consecutive calendar days thereafter and have the Work complete and ready for final payment within fourteen (14) consecutive calendar days thereafter. The date for Substantial completion is therefore , 2002. The date for final completion is therefore 2002. CITY OF FAYETTEVILLE, ARKANSAS Owner Owners Representative ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of , 2002. M Title City of Fayetteville 06/17/02 Agreement Page -12 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Eric Schuldt, Parks and Recreation From: Heather Woodruff, City Clerk Date: October 8, 2002 Attached is a copy of the resolution approving a contract with C-Tec for a Skate Park. One original will be microfilmed and filed with the City Clerk. Two originals have already been returned to your office. Cc: Nancy Smith, Internal Auditor Kevin Springer, Budget and Research Reo * Bond # RCN 550154 • * PERFORMANCE BOND * \ * The American Institute of Architects, * * AIA Document No. A312 (December, 1984 Edition) * * * Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): C-TEC, INC. 123 EAST 10TH STREET YORK, NEBRASKA 68467 CONSTRUCTION CONTRACT Date: OCTOBER 2, 2002 OWNER (Name and Address): CITY OF FAYETTEVILLE 1455 HAPPY HOLLOW ROAD FAYETTEVILLE, ARKANSAS 72701-7256 SURETY (Name and Principal Place of Business): OLD REPUBLIC SURETY COMPANY P.O BOX 1976 Amount: $325,884.00 DES MOINES, IA 50306 Description (Name and Location): CONSTRUCTION OF SKATEBORAD PARK BOND Date (Not earlier than Construction Contract Date):OCTOBER 9, 2002 Amount: $325,884.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) -T CEC INC Signature: Name and Title: An' y ^ t�U✓'f ✓'�oRPiQl�o�'>< (Any additional signatures appear on page 2.) (FOR INFORMATION Only- Name, Address and Telephone) AGENT or BROKER: INSPRO, INC. P.O. BOX 6847, LINCOLN, NE 68506-0847 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to par- ticipate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default/ the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is con- sidering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Con- tract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and Surety have received notice as provided in Subparagraph 3.1; and ® None ❑ See Page 2 SURETY Company: (Corporate Seal) OLD REPUBLIC S)dRETY COMPAt�d�, Signature: Name and Title: HOWARD E. HARDIN ATTORNEY iN FACT OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and com- pletion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or ORSC 22119 (10.99) Page 1 of 2 4.4 Waive its right to perform and complete, age for completion, Or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner, or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its Obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defec- tive work and completion of the Construction Contract; 6.2 Additional legal design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are speci- fied in the Construction Contract. actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: accrue on this Bond to aerson or entity othe?han the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Con- tractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL (Corporate Seal) Company: Address: Name and Title: Signature: ORSC 22119 (10-93) SURETY (Corporate Seal) Company: Address: Name and Title: Signature: Page 2 of 2 * * ** Sond # RCN 550754 * PAYMENT BOND * The American Institute of Architects, AIA Document No. A312 * * + * * (December, 1984 Edition). Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): C-TEC, INC. OLD REPUBLIC SURETY COMPANY 123 EAST )0TH STREET P.O BOX 1976 YORK, NEBRASKA 68467 DES MOINES, IA 50306 OWNER (Name and Address): CITY OF FAYETTEV ILLE 1455 HAPPY HOLLOW ROAD FAYETTEVILLE, ARKANSAS 72701-7256 CONSTRUCTION CONTRACT Date:OCTOBER 2, 2002 Amount: $325,884.00 Description (Name and Location): CONSTRUCTION OF SKATEBORAD PARK BOND Date (Not earlier than Construction Contract Date): OCTOBER 9, 2002 Amount: $325,884.00 Modifications to this Bond: ® None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) C-TEC, INC. OLD REPUBLIC SURETY COMPANY Signature: 6 ` '^_ Name and Title: 4 y .4 µ &te5, yr C ,4L' Si d M-{ ... . .,. - ...- .r ...- (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: INSPRO, INC. P.O. BOX 6847, LINCOLN, NE 68576-0847 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incor- porated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor. 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construc- tion Contract, provided the Owner has promptly notified the Con- tractor and the Surety (at the address described in Paragraph 12) of any claims; demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: ORIC 22114 (7-93) Page 1 of 2 Signature: Name and Title: HOWARD E. HARDIN ATTORNEY IN FACT OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with sub- stantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fur- nished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Con- tractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given b Owner to the Con- tractor or io the Surety, that is sufficient comp nce. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed . 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construc- tion Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Perfor- mance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obli- gations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, pur- chase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Con- tract, whichever of (1) or (2) first occurs. If the provisions of this MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph are void or poited by law, the minfSom period of limi- tation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limi- tation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanics lien may be asserted in the jurisdic- tion where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Con- struction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: — Name and Title: Address: SURETY (Corporate Seal) Company: Signature: Name and Title: Address: Page 2 of 2 (Corporate Seal) POWER OF ATTORNEY iiAdw ALL MEN-t3Y E PRESE TS: Thu OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation; rhake do r ute ar- vrnt H11 [$D $.-IFK DINS L1FIlSY L: ii2ES�K� TOM NAT IIAS, BDWARD 1. STROHM, BETTY 00YC-=4k1R11:, OF Z11TTA= R' CK At its-trueand lawful kttwney(s)*ri-C with fAt and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the _. coq¢ny tt cetoyif a s` sal fs-re adi, bonds, undWchs,tti1zances or other wi itten obligations in the nature thereof, .,• • 'c ,.,. ,. .#'r! r -:c ?. W, ,r .l r 1 Sie.4_;.' :5, .Fn•13.J E .1p. .,lit.. y v. " K n .: • . •t,, 11L: a . a. ' •' � nP ' t,e.hl. t9 t . •,il, ' . vt JY-t. nba... - iT as#rs t7•L ItITTS& INST8UMERY.S €H. AN •A 1OUN-'t NOT TO EXCEED AN AGGREGATE- OF GNI MIL# -OK it11LA4SY#t,8O0 8Q9J -- --_--------------- FOR ANY SINGLE =-OBLIGATION, REG-ARRLESS O=F-YHB KURSER OP INSTRUMENTS ISSUED FOR THE OBLIGATION. art1to S d OLD REPUBLIC SURETY COMPANY thm'aby,-arid all of -the acts of sa d Attorneys n -Fact, pursuit to These presents, are ratif+8d - confirmed. Thitdocurrient is riot valid unteaa need orr cotpred background and is multi -colored. This appointment is made tiMl4anhonw o[ -the Ord eft rectors at speaat meing held on February 18, 1982. This Power of Attorney is signed and sealed _ byYacsimile under and b -the authority of -The following resoluffnts adopted by the board of directors of the OLD REPUBLIC SURETY �pF�AMY- on fatuuary #8.3982. -RESOLVED mat -the- presfderit-any vice president or Assistant vice president at con unction with the secretary or any assistant sercretary,_may appointat!omeys-in-feet or -agents mM authority as defined or limited in the instrument evidencing the appointment teach case, for and on -behalf -of the any to -execute and diver and affix the seal of the company to bonds, undertakings, iseognhzances, An$ yship obligations of-all-kkids& and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorrtsy Rievfously granted to person. savED FURTHER "aEiy bond, underling; sasagrrizance or suretyship obligation shall be valid and binding upon the Company 11- :4i) wltsn signed bylFte present anctpresls d or-assstant vice prthderit and attested and sealed Via seal be required) by any secretary or assistant secr�aiy;.or: - - - (ii) when signed.by the president, any wcApresident o assistant vice president, secretary or assistant secretary, and countersigned and sealed (it a seal - - berequired) by a duly authotfxed attamsy-m-fad or amt; or _-- (III) Man duty-exeeapted and sealed fif A sent- tenured) by one or more attorneys -in -fact or agents pursuant to and within me Fmits of the authority - gaiidented the Powwvt piney is d"emnipany to such person or persons. - I LVEfTfURt•HER tat -the sgnatutt of a authonzed fieer and the -seal of the company may be affixed by facsimile to any Power of Attorney or rttraffon thereof iMWSigthe execdwna dallvety of any bond,.undedaking, recognizance, or other suretyship obligations of the company; and such - tngnab re and seat whettso ised shall have the same 1n2e and effect as though manually affixed fN Wt SfiW1 REOF; ot REPUSt,1C SUR€TY COMPANY has caused these presents to be signed by its proper officer, and its corpotflat=t be Mixedffts BETH day rK_ iMARClt - S001 . OLD REPUBLIC SURETY NY -^ s� COMPANY ;4s nt 5s• t - _. Presffferw _STATE CF WISCONSIN, COUNtY OF WAUKESHA - SS ftnmfc 119TH an,+rtr MARCH 2001 ersonall came tore me JAMES E. LEE TItt_________________ _ . ♦ If • _15=95- • .: +-. ti*': - . IM • • '-L • - • I•Y y Py --- --- individualss and officers of the OLD REPUBLIC SURETY COMPANY who executed the the execution of the same, and being by me duly sworn, did severally dispose and say: aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, as _ u h officers were4uly affixed and subscribed to the said ininstrumenttrumentby the authority - st S i..- - NotaryPubl 02/13/2005 •t+<- My commission expires: CERTIFICATE the undersigned assiataint secretary of tte`OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the --3oivigoingand attachectPower of_Atorney ternainsin full force and has not been revoked; and furthermore, that the Resolutions of the board otaecrs set fortft hn the Power of Attomey, are now in force. 8Z-2505 Signed and sealed of the Cify of Brookfield, WI Phis - day of RIlIK i:.WILS 3R0, .. .. Ass1atam ctetary ORSE-22220^ - ₹0971 - _ : _.. ...-- ..... . ACORQ CERTIFICA OF LIABILITY INSU NCE 10/17/2002 I PRODUCER MID -NEBRASKA INSURORS 727 LINCOLN AVENUE YORK NE 68467 402-362-7721 THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED MAT"ER OF INFORMAT UPON THE CERTIFIC NOT AMEND EXTEND BY THE POLICIES BE INSURERS AFFORDING COVERAGE NAIC# INSURED C-TEC, INC. BOX 363 YORK, NE 68467 I INSURER A: Travelers Indemnity INSURER B: INSURER C: INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT RD TYPE OF INSURANCE POLICY NUMBER D E MMO [ICpE7�p� PODATEIDMD MI LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABIL CLAIMS MADE❑OCCUR R: EACH OCCURRENCE $ AMAISES(E NfE PREMISES Ea ocwrence� S _ _ _ $ MEDE(P(Myonepercon) PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATELIMITAPPLIES P POLICY jECi LOC PRODUCTS- COMPIOP AG $ AUTOMOBILE LIABILITY ANY AUTO ALLOWNEDAUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY M (Peradent) $ PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY ANYAUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC AUTOONLY: AGO $ $ EXCESSIUMBRELLA LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ A WORKERSCOMPENSATIONAND EMPLOYERS' LIABILITY ANY PROPIDETORIPMTNER2XECUnYE OFFICERMEMEER EXCLUDED' Yves deHsibe under SPECIAL PROVISIONS below 6KUB909X2084 7-31-02 7-31-03 X TORYLIMIT ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLO EEl , 000, 000 E.L. DISEASE - POLICY LIMO isI, 000, 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXI Fayetteville Parks & Recreation DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN 113 W Mountain NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Fayetteville AR 72701 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGEI ACORQ CERTIFICAT F LIABILITY INSUR CE 10/17/2200 PROD CGER FirstLine Insurance Service 14010 FNB Parkway #203 Omaha NE 68154-5206 402-362-7721/fax 402-362-1806 THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THE THIS AFFORDED MAT ER OF INFORMAT UPON THE CERTIFIC BOYTTHE POLICIES BE INSURERS AFFORDING COVERAGE NAIC# INSURED C-TEC, INC. ATTN: AMY WURST BOX 363 YORK, NE 68467 INSURERA:GULF INSURANCE GROUP INSURERB:FIRST SPECIALTY INS INSURER C: INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI POLICIES. AG(REGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �EICY EXPIRATID LIR NSRO TYPE OF INSURANCE POLICY NUMBER D M DATE MM/DD(YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILI CLAIMS MADE❑X OCCUR GU2805700 R: 5-9-02 5-9-03 EACH OCCURRENCE $1, 000, 000 X PREMISEAGES(E Euaurence $ 50, 000 MED EXP (Any one person) $ PERSONAL&ADV INJURY $1, 000,000 GENERAL AGGREGATE s2, 000, 000 GENL AGGREGATE LIMIT APPLIES P POLICY j T LOC PRODUCTS - COMP/OP AG S 2 , 0 0 0 , 0 0 0 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) BODILY INJURY (Peraccident) PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY ANYAUTO AUTO ONLY -EA ACCIDE $ OTHERTHAN EAACC AUTOONLY: AGG $ $ B X EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE X RETENTION S 25, 000 IRU47610 5-9-02 5-9-03 EACH OCCURRENCE 51, 000, 000 AGGREGATE $1, 000, 000 $ $ $ WORKERSCOMPENSATIONAND EMPLOYERSLIABILITY •NV PRO EMOER LUED%ECIITIVE oEFICERn11EA1eER EXCLUDED? lives desalbe under SPENAL PROVISIONS below TORYLIMIT ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLO ff E.L. DISEASE - POLICY LIMA $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER Fayetteville Parks & Recreation 113 W Mountain Fayetteville AR 72701 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SC IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGEI REPRESENTATIVES. Larry F Johnson Client#: 30903 CTECI ACORDM CERTIFICA1SOF LIABILITY INSUR CE 10/04/02 PRODUCER INS%RO, Inc. 1919 S 40th St, Suite #104 P.Q. Box 6847 Lincoln, NE 68506 INSURED C-Tec, Inc. P. O. Box 363 York, NE 68467 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A Employers Mutual Insurance INSURER B: INSURER C: INSURERD: _ INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECM/OD/TIVE POLICY EXPIRATION LIMITS LTR DATE Y DA MM/DDIYY GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any ane fire) $ _ CLAIMS MADE L_ OCCUR MED EXP (Any one person) $__ PERSONAL S ADV INJURY_ I GENERAL AGGREGATE S__ G_ENt AGGREGATE LIM ITAPPLIES PER: PRODUCTS -COMP/OPAGG S I POLICY PRO LOC A AUTOMOBILE LIABILITY 1X7069903 05/09/02 105/09/03 COMBINED SINGLE LIMIT s1,000,000 ANY AUTO I (EaacNdent) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS I (Par parson) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) •.. . _ __. _ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S $ AUTO ONLY: AGO E_X_CESS LUIBIDTY EACH OCCURRENCE _ I____ OCCUR I. 1 CLAIMS MADE AGGREGATE S DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND _ 7 RV ATU- -- - ----- - - E.L. EACH ACCIDENT EMPLOYERS' LIABILITY . S E.L DISEASE- EA EMPLOYEE S E.L DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS SHOULD ANYOFTH E ABOVE DESCRIBED POLK:IES BE CANCELLED BEFORE THE EXPIRATION Fayetteville Parks 8i Recreation DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn: Eric NOTICE TOTHE CERTIFICATE H OLD ER NAM ED TOTHE LEFT, BUT FAILURE TODD SO SHALL 113 W. Mountain IM POSE NOOB LIG ATION OR LIABILITY OF ANY KIND UPON THE INSU RER,ITS AGENTS OR Fayetteville, AR 72701 REPRESENTATIVES. AUTHORIZED REPRESENTATIVEI\ /Y _ . A ACORD25-S(7/97)1 of 1 #S85717/M84347 At4N 0ACO9,RPORATION 1988 AMENDMENT TO PROJECT AGREEMENT PROJECT AMENDMENT NO. A 02 THIS AMENDMENT TO Project Agreement No. __1035£3 ___IA is hereby made and agreed upon by the State of Arkansas, acting through4the��Director of the Arkansas Department of Parks and Tourism and by Water Conservation Fund Act of 1965, 78 Stat. 897 (1964). Pursuant to the Land and The City of Fayetteville and the State of Arkansas, in mutual consideration of the promises made herein and in the agreement of which this is an amendment, do promise as follows: That the above -mentioned agreement is amended by adding the following: ? a • - n • csC.ii • - • ...1ranp.it,.QW4flIILi gc�Vvr £nld/'o,T lat In all other respects the agreement of which this is an amendment, and the plans and specifications relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as of the date entered below. THE STATE OF ARKANSAS APPLICANT By f �--� 1 ��PSIA City of ttevilleN State tlaison Officer / Arkansas Dept of Parks & Tourism a By _Ai_(rni Date / C'\ yor of Fayetteville 030 ORG 982 2/96 O ru - Skate 'wr k- I STAFF VIEW FORM - FINANCIAL OBLIGATIOU 0ocl$TrvCtDfl I AGENDA REQUEST X :CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of: FROM: N/A Kim J. Hesse Parks and Recreation Operations Name Division Department ACTION REQUIRED: Approve an increase in the amount of $9,000.00 to Contract #873, Skate Park Construction approved by Resolution #151-02 The original contract amount was for $325,884.00 with a project contigency of $32,588.00. The requested increase in the contract is to improve the overall skatability of the park though recommended design and construction changes. Please refer to the attached memo. COST TO CITY: $9,000.00 $ 104,383.00 Skate Park Cost of this request Category/Project Budget Program Category / Project Name 2250.9255.5806.00 $ 74,334.00 Park Improvements Account Number Funds Used to Date Program / Project Category Name 00006-2 $ 30,049.00 Parks Development Project Number Remaining Balance Fund Name BUDGET REVIEW: x Budgeted Item Budget Adjustment Attached . b- 3o -a) Budget Manager Date CONTRACT/GRANT •ASE REVIEW: duo 81(213 Acco nting Manager Date Internal � Audi3or Date l.J� rz .JQD g `l 3 1 03 City Attorney Dat Purchasing Manager Date Received in Mayor's Office u Date Date �/� �2 7-C Cross Reference: Date Previous Ord/Res#: 151- 0 a. �1 -o F' anc & Internal Services Dir. Date Orig. Contract Date: to 1110 a.. Orig. Contract Number: 173 Chie inistr ve Officer Date New Item: Yes M yor Dae • 'taff Review Form - Page 2 .1 Description Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator Meeting Date N/A Reference Comments: MEMORANDUM To: Mayor Dan Coody Thru: Gary Dumas, Director of Oper 'on; Connie EdKiMiston, Director of Parks From: Kim J. Hesse, Park PLanner V, Date: 6-27-03 V61 Subject: Change Orders - Skate Park Please review the attached Staff Review Forms concerning two change orders to the Skate Park. One change order is to increase the construction contract with C -Tech by $9,000.00 and the other change order is to reduce the design contract with Purkiss Rose, RSI by $4,500.00. The requested change orders are explained by the following: • $9,000.00 increase to the construction contract with C -Tech. o Increase contract by $4,500.00 for retaining wall extension. — During construction, an unsafe situation became apparent due to the configuration of the park. In order to remedy the situation, an extension of a retaining wall was recommended. The cost of this revision equals $4,500.00. o Increase contract by $6,000.00 for construction changes to the Washboard/Rhythm Section — This portion of the Skate Park was originally requested and designed for less experienced skate boarders. Upon completed construction of this element, local skaters were concerned that it would be too challenging for the intended users. After discussion with the design consultant, Purkiss Rose-RSI, changes were recommended. Upon verification that the washboard/rhythm section was constructed per the approved plans, the design consultants agreed that a portion of the element should be redesigned and have agreed to pay a major share of the construction changes. The construction change will cost $6,000.00 of which $4,500.00 will be covered by Purkiss Rose, RSI. This $4,500.00 contract reduction is covered by the attached Contract Change with Purkiss Rose, RSI. o Reduction to the contract by $1,500.00 to remove sandblasting from the contract. — In negotiations to make the construction changes to the above mentioned washboard/rhythm section, it was recommended to forego sandblasting from the original construction contract with C -Tech. Sandblasting is often specified to reduce the slick finish that is often a result of the additional troweling needed for this type of concrete work. In this situation, the contractors finish work provided a satisfactory surface without the need to sandblast. $4,500.00 Retaining Wall — Increase to contract $6,000.00 Washboard/Rhythm — Increase to contract $1,500.00 Sandblasting - Deduct from contract $9,000.00 Total increase to contract • $4,500 decrease to design contract with Purkiss Rose-RSI. o As previously described, upon construction of the Washboard/Rhythm Section of the park, design changes were deemed necessary to satisfy the usability of this element of the park. Overall, the Skate Park was intentionally designed to provide a challenging experience for skaters. One. element, however, was intended for beginner skaters thereby providing a recreational opportunity for all skating abilities. Upon completion of this element it became apparent that a portion was too challenging and needed revision. The design consultants have worked with the City to resolve this issue and have agreed to pay for a major portion of the construction costs. Summary: C -Tech Change Order $9,000.00 increase Purkiss Rose-RSI Change order $4,500.00 deduct Total Cost to City: $4,500.00 With these construction changes, the skate park can be completed within a couple of weeks. We are confident that the City can be proud of this addition to our park system. If you have any questions concerning these changes, please feel free to call Kim J. Hesse at 444-3469. City of Fayetteville PARKS AND RECREATION DIVISION 113 W. Mountain Street Fayetteville, Arkansas 72701 Telephone: 479-444-3471 E-mail: 0 0 CHANGE ORDER CHANGE ORDER NO. _I Cost Plus Pre -agreed Lump Sum Project Name and Number: Skate Park Construction # 873 Name of Contractor: C-TEC Address of Contractor: P.O.Box 363 York NE 68467 Date of Contract: October 2.2002 Original Amount of Contract: $ $ 325,884.00 Total Amount of All Previous Change Orders: $ 0.00 $ 10,500.00 Subject and Reason For This Change order: 1) The extension of a retaining wall for safety reasons. 2) Chan a to the Washboard Rythym Section of the park for better skatability, 3) The reduction of the sand blast finish to the concrete Additional Time Requested: 15 Calendar Days Total Cost of All Materials $ NA (Attach Itemization With Unit and Total Costs) Total Cost of All Labor $ NA (Attach Itemization Showing Classification of Laborer, Number of Hours and Hourly Wage) Total All Other Costs $ NA (Attach Itemization With Unit and Total Costs) Total Profit for Contractor: $ NA Total Amount of This Change Order: Dated this day of CITY OF FAYETTEVILLE Parks & Recreation Division B� � Direc r o Parks and Recreation CITY of y ville By: Mayor $ 9,000.00 200 C-TEC Inc. Contractor �By: —771/ Title: d. 14t. c-` ATTEST: Page I oft FAYETTEVI tLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Kim J. Hesse From: Sondra Smith, City Clerk Date: August 22, 2003 Attached is a copy of Change Order # I for C-TEC contract # 873 for the construction of the Skate Park. A copy of the agreement will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Auditor MEMORANDUM To: Sondra Smith, City Clerk I From: Kim J. Hesse, Park Planner �r Date: 8-12-03 Subject: Contract #873, Skate Park Construction Contract approved by Resolution #151-02 Please find attached the Performance and Payment bonds for the Skate Park Construction contract as well as copies of the Liability insurances obtained for the project. These are for your files and we will maintain a copy of each as well. RECEIVED CITY OF FAYETTEYILLE CITY CLERK'S OFFICE City of Fayetteville PARKS AND RECREATION DIVISION 113 W. Mountain Street Fayetteville, Arkansas 72701 Telephone: 479-444-3469 E-mail: khessc@ci.fayetteville.ar.us 1.." * * * * RE•)"FD Bond # RCN 550754 * PERFORMANCE BOND The American Institute of Architects, * CITY OF FAr ITT cEViLLE AIA Document No. A312 (December, 1984 Edition) * * * CITY CLERK'S OFFICE Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): C-TEC, INC. CITY OF FAYETTEVILLE 123 EAST 10TH STREET 1455 HAPPY HOLLOW ROAD YORK, NEBRASKA 68467 FAYETTEVILLE, ARKANSAS 72701-7256 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business): OCTOBER 2, 2002 OLD REPUBLIC SURETY COMPANY Date: P.O BOX 1976 Amount: $325,884.00 DES MOINES, IA 50306 Description (Name and Location): CONSTRUCTION OF SKATEBORAD PARK BOND Date (Not earlier than Construction Contract Date): OCTOBER 9, 2002 Amount: $325,884.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) C-TEC, INC. Signature: WI/ Name and Title: Mrrby L✓urtl Vr ca P/'as% d 4# (Any additional signatures appear on page 2.) (FOR INFORMATION Only- Name, Address and Telephone) AGENT or BROKER: INSPRO, INC. P.O. BOX 6847, LINCOLN, NE 68506-0847 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to par- ticipate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default/ the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is con- sidering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Con- tract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and Surety have received notice as provided in Subparagraph 3.1; and N None ❑ See Page 2 SURETY Company: (Corporate Seal) OLD REPUBLIC RETY COMPANY Signature: �� Name and Title: HOWARD E. HARDIN ATTORNEY IN FACT OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and com- pletion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or ORSC 22119(10-93) Page 1 of 2 4.4 Waive its right to perform and complete, age for completion, Or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner, or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its Obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defec- tive work and completion of the Construction Contract; 6.2 Additional legal design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are speci- fied in the Construction Contract. actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: accrue on this Bond to ar.rson or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Con- tractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL (Corporate Seal) Company: Address: Name and Title: Signature: ORSC 22119 (10-93) SURETY (Corporate Seal) Company: Address: Name and Title: Signature: Page 2 of 2 • , * * * fr • Wnd # RCN 550754 * PAYMENT BOND * The American Institute of Architects, AIA Document No. A312 * * * (December, 1984 Edition). Any singular reference to Contractor, Surety, * + Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): C-TEC, INC. OLD REPUBLIC SURETY COMPANY 123 EAST 10TH STREET P.O BOX 1976 YORK, NEBRASKA 68467 DES MOINES, IA 50306 OWNER (Name and Address): CITY OF FAYETTEVILLE 1455 HAPPY HOLLOW ROAD FAYETTEVILLE, ARKANSAS 72701-7256 CONSTRUCTION CONTRACT Date: OCTOBER 2, 2002 Amount: $325,884.00 Description (Name and Location): CONSTRUCTION OF SKATEBORAD PARK BOND Date (Not earlier than Construction Contract Date):OCTOBER 9, 2002 Amount: $325,884.00 Modifications to this Bond: ® None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) C-TEC, INC. OLD REPUBLIC SU TY COMPANY/ Signature: Signature: Name and Title: Qp.1 y /Q Wuv'si Ui'em P-04- eita Name and Title: HOWARD E. HARDIN ATTORNEY IN FACT (Any additional signatures appear on page 2.) (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: INSPRO, INC. P.O. BOX 6847, LINCOLN, NE 68506-0847 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incor- porated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construc- tion Contract, provided the Owner has promptly notified the Con- tractor and the Surety (at the address described in Paragraph 12) of any claims; demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 0Rlc22114(7-sal Page 1 of 2 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with sub- stantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fur- nished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Con- tractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by wner to the Con- tractoror to the Surety, that is sufficient compuance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the 'Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed . 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construc- tion Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Perfor- mance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obli- gations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner. Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, pur- chase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Con- tract, whichever of (1) or (2) first occurs. If the provisions of this MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph are void or pried by law, the minimum period of limi- tation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limi- tation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdic- tion where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Con- struction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: — Name and Title: Address: SURETY (Corporate Seal) Company: Signature: _ Name and Title: Address: Page 2 of 2 (Corporate Seal) A QRQ CERTIFICAT F LIABILITY INSURANCE 10/17/2002 PRODUCER FirstLine Insurance Service 14010 FNB Parkway #203 Omaha NE 68154-5206 402-362-7721/fax 402-362-1806 THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THE THIS AFFORDED MATER OF INFORMAT UPON THE CERTIFIC NOT TTHE AMEND,D INSURERS AFFORDING COVERAGE NAIC# INSURED C-TEC, INC. ATTN: AMY WURST BOX 363 YORK, NE 68467 INSURERA:GULF INSURANCE GROUP INSURER B: FIRST SPECIALTY INS INSURER C: INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR Ro TYPE OF INSURANCE POLICY NUMBER pYgrM&y1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $1, 000, 000 COMMERCIAL GENERAL LIABIL X PREM 6 SOEa occTturence $ 50, 000 CLAIMSMAOE O OCCUR MEDEXP(Anyone person) $ A GU2805700 5-9-02 5-9-03 PERSONAL&ADV INJURY 51, 000, 000 GENERAL AGGREGATE s2, 000,000 R: GENL AGGREGATE LIMIT APPLIES P PRODUCTS- COMPIOP AG 52, 000, 000 POLICY jE OT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ed occident $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Pereccident $ HIRED AUTOS - NONNMEDAUTOS PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDEN $ OTHER THAN EA ACC $ ANYAUTO $ AUTO ONLY: AGO EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE 31, 000, 000 OCCUR I I CLAIMS MADE AGGREGATE $1,000,000 IRU47610 5-9-02 5-9-03 e B X DEDUCTIBLE $ RETENTION $25,000 X $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY •M' PRo Uslpl EXCU JLE%EGJTIVE ors�wrs¢ueeR FxCL1AEei TORYLIMIT ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLO ff lives desalee under SPECIE PROVISIONS below E.L. DISEASE - POLICY LIMA rs OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION Fayetteville Parks & Recreation 113 W Mountain Fayetteville AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SC IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGEI REPRESENTATIVES. Larry F Johnson Client#: 30903 CTECI ACQRQ. CERTIFICAT F LIABILITY INSURANCE 10/o /02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION INS PRO, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1919 S 40th St, Suite #104 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 6847 Lincoln, NE 68506 INSURERS AFFORDING COVERAGE INSURED INSURERA Employers Mutual Insurance C-Tec, Inc. -- - " P. O. Box 363 INSURER B: York, NE 68467 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE M/DD/V DATE M /YY ) GENERALLIABIUTY EACH OCCURRENCE $ COMMERCIAL GENERAL LIIABILITY FIRE DAMAGE(Anyone/ire) $ CLAIMS MADE u OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMRAPPLIES PER: PRODUCTS -COMP/OPAGG $ POLICY PRO- LOC A AUTOMOBILE LIABILITY ANY AUTO 1X7069903 05/09/02 05/09/03 COMBINED SINGLE LIMIT (Eaaccident) $ 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X __._.._. PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANV AUTO OTHER THAN EAACC $ AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR Li CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STAN- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OFOPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Fayetteville Parks 81 Recreation Attn: Eric 113 W. Mountain Fayetteville, AR 72701 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL 3.()— DAYSWRITTEN RITTEN NOTICETOTHE CERTIFICATE HOLDER NAM ED TOTHE LEFT, BUTFAILURE TODOSOSHALL IMPOSE NO OBLIGATION ORLIABILITYOFANYKIND UPON THEINSURER,ITS AGENTS OR AUTHORIZED ACORD25-S(7/97)1 of 1 #S85717/M84347 AMID ©ACOR[rpp5PORATION 1988 ACORD F LIABILITY INSUR CE ' CERTIFICAT 10/17/2002 PRODUCER FirstLine Insurance Service 14010 FNB Parkway #203 THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER.THIS AFFORDED MATER OF INFORMAT UPON THE CERTIFIC NOT TTHE POLICIESEBE Omaha NE 68154-5206 402-362-7721/fax 402-362-1806 INSURERS AFFORDING COVERAGE NAIC# INSURED C-TEC, INC. INsuRERA:GULF INSURANCE GROUP ATTN: AMY WURST BOX 363 INSURER B: FIRST SPECIALTY INS _ INSURER C: YORK, NE 68467 INSURER O: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR eae TYPE OF INSURANCE POLICY NUMBER D M DATE MM/P�DIY1' LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILI1 CLAIMS MADE O OCCUR GU2805700 R: 5-9-02 5-9-03 EACH OCCURRENCE $1, 000, 000 X PREMISE S occurence $ 50, 000 MED EXP (Any one person) S PERSONALBADVINJURY 31,000, 000 GENERAL AGGREGATE s2, 000,000 GENL AGGREGATELIMITAPPLIES P POLICY jE a LOC PRODUCTS - COMP/OP AG 52, 000, 000 AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS COMBINED SINGLE LIMIT (Eaaoddent) $ BODILY INJURY (Per person) BODILY INJURY (PeracUdent) $ PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY ANYAUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ B X EXCESSAUMBTELLA LIABILITY OCCUR CLAIMSMADE DEDUCTIBLE X RETENTION *25,000 IRU47610 5-9-02 5-9-03 EACH OCCURRENCE $1, 000, 000 AGGREGATE 31, 000, 000 $ $ $ WORKERSCOMPENSATIONAND EMPLOYERS' LIABILITY - Fno.g1ETORRMmsREXECUTNE OFFCCER VEMOER EXCLUDED, lives descdbeunder SPECIAL PROVISIONS below TORY LIMIT ER EL. EACH ACCIDENT $ E.L. DISEASE - EA EMPLO E.L. DISEASE - POLICY LIMA rs OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER Fayetteville Parks & Recreation 113 W Mountain Fayetteville AR 72701 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E) DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SC IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGEI REPRESENTATIVES. Larry F Johnson ACORD CERTIFICAT F LIABILITY INSUR CE 10/17/2002 ) PRODUCER FirstLine Insurance Service 14010 FNB Parkway #203 THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED MAT ER OF INFORMAT UPON THE CERTIFIC NOT AMEND, EXTEND BY THE POLICIES BE Omaha NE 68154-5206 402-362-7721/fax 402-362-1806 INSURERS AFFORDING COVERAGE NAIC# INSURED C-TEC, INC. INSURERA:GULF INSURANCE GROUP ATTN: AMY WORST BOX 363 INSURERB:FIRST SPECIALTY INS INSURER C: YORK, NE 68467 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR RD TYPE OF INSURANCE POLICY NUMBER D TE MMIp pD�7�pE7( DATE IdMID LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILI CLAIMS MADE I OCCUR GU2805700 R: 5-9-02 5-9-03 EACH OCCURRENCE $1, 000,000 X PREMSESES(E Dmrence $ 50, 000 MED EXP(Anyonepersm) $ PERSONAL&ADVINJURY sl, 000, 000 GENERAL AGGREGATE 32, 000,000 GENL AGGREGATE LIMIT APPLIES P POLICY jp( LOC PRODUCTS- COMPIOP AG 32,000,000 AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS COMBINED SINGLE LIMIT (EDacadent) $ BODILY INJURY (Per person) $ BODILY INJURY (Peracadent) PROPERTY DAMAGE (Per accident) 3 GARAGE LIABILITY ANYAUTO AUTO ONLY -EA ACCIDE 3 OTHER THAN EA ACC AUTOONLY: AGG 3 $ B X EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $25,000 IRU47610 5-9-02 5-9-03 EACH OCCURRENCE $1, 000, 000 AGGREGATE $1, 000,000 $ 3 X $ WORKERSCOMPENSATIONAND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUrIVE OFFICERAIEMDER EXCLUDED? If yyees desalbe under SPECIAL PROVISIONS below TORY LIMIT ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLO BE E.L. DISEASE - POLICY LIMI ri OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION Fayetteville Parks & Recreation 113 W Mountain Fayetteville AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGE? REPRESENTATIVES. Larry F Johnson ACORQ CERTIFICAT F LIABILITY INSU CE 10/17/2002 ) PRODUCER FirstLine Insurance Service 14010 FNB Parkway #203 THIS CERTIFICATE Is ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED MATER OF INFORMAT UPON THE CERTIFIC NOT AMEND EXTEND BY THE POLICIES BE Omaha NE 68154-5206 402-362-7721/fax 402-362-1806 INSURERS AFFORDING COVERAGE NAIC# INSURED C-TEC, INC. INSURERA: GULF INSURANCE GROUP ATTN: AMY WURST INSURERB:FIRST SPECIALTY INS BOX 363 INSURER C: YORK, NE 68467 INSURERD: INSURER E: I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Lm eno TYPE OF INSURANCE POLICY NUMBER D M DATE gEy I A7� MMPDDWJ LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITYURNIAUPREMISEE CLAIMS MADE❑X OCCUR GU2805700 R: 5-9-02 5-9-03 EACH OCCURRENCE $1, 000, 000 X E NIt $ 50, 000 MED EXP(Anyone person) $ PERSONAL&ADV INJURY 31, 000, 000 GENERAL AGGREGATE s2,000,000 GENL AGGREGATELIMITAPPLIES P POLICY JECT LOC PRODUCTS- COMP/OP AG s2, 000, 000 AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) BODILY INJURY (Pera cciden) PROPERTY DAMAGE (Per occident) 3 GARAGE LIABILITY ANYAUTO AUTO ONLY - EA ACCIDENT 3 OTHER THAN EA ACC AUTO ONLY: AGG $ $ B X EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ 25, 000 IRU47610 5-9-02 5-9-03 EACH OCCURRENCE 31, 000, 000 AGGREGATE 31, 000, 000 $ 3 X 3 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY •Hr ER&ID SEPmXCtWED1 Ecunve OFFlCEPINEMBEn OCCLIAEM It desaibeunder SPECIAL PROVISIONS below ITORYLIMIT ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLO E.L. DISEASE - POLICY LIMI rs OTHER DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION Fayetteville Parks & Recreation 113 W Mountain Fayetteville AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SC IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGEI REPRESENTATIVES. Larry F Johnson