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155-14 RESOLUTION
RESOLUTION NO.155-14 A RESOLUTION TO AWARD BID #14-43 AND AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH BENCHMARK CONSTRUCTION OF NWA, INC. IN THE AMOUNT OF $42,879.48 FOR REPLACEMENT OF THE DRIVEWAY AT FIRE STATION NO. 1, AND TO APPROVE A PROJECT CONTINGENCY OF $8,575.90 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #14-43, authorizes the Mayor to sign a contract with Benchmark Construction of NWA, Inc. in the amount of $42,879.48 for replacement of the driveway at Fire Station No. 1, and farther approves a project contingency in the amount of $8,575.90. PASSED and APPROVED this 19' day of August, 2014. L100!rAITAN� By: §—? 4W.& SONDRA E. SMITH, City C1erk/Tr,as R�rl�r ca• "w FAYFTTFVILLE : f4 G 7-0N' O �r �1111f1ftI1111% David Dayringer Submitted By City of Fayetteville Staff Review Form 2014-0355 Legistar File ID 8/19/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/31/2014 Submitted Date Action Recommendation: Fire / Fire Department Division / Department Staff recommends a resolution awarding Bid 14-43 for Fire Station #1 Driveway Replacement from the vendor Benchmark Construction in the amount of $42,879.48 and approving a 20% contingency of $8,575.90 Budget Impact: 4470.9470.5400.00 Sales Tax Capital Improvements Account Number Fund 02006.1 Fire Facility Maintenance Project Number Project Title Budgeted Item? Yes Current Budget $ 178,530.00 Funds Obligated $ 18,003.43 Current Balance $ 160,526.57 Does item have a cost? Yes Item Cost $ 42,879.48 Budget Adjustment Attached? NA Budget Adjustment Remaining Budget 117,647.09 V20140610 Previous Ordinance or Resolution #BED Original Contract Number: Approval Date: Commen 1) �L� CITY OF Tayegse ARKANSAS MEETING OF AUGUST 19, 2014 TO: Mayor and City Council FROM: David Dayringer, Fire Chief DATE: July 31, 2014 CITY COUNCIL AGENDA MEMO SUBJECT: Council approval of a resolution awarding Bid 14-43 for Fire Station #1 Driveway Replacement from the vendor Benchmark Construction in the amount of $42,879.48 and approving a 20% contingency of $8,575.90 RECOMMENDATION: Staff recommends a resolution awarding Bid 14-43 for Fire Station #1 Driveway Replacement from the vendor Benchmark Construction in the amount of $42,879.48 and approving a 20% contingency of $8,575.90 DISCUSSION: The Fayetteville Fire Department Station #1 driveway is the original driveway from 1964. It is in definite need of replacement with the wear and tear from apparatus and usage over the past 50 years. BUDGET/STAFF IMPACT: The finances required for this project are already budgeted in the Fire Sales Tax Capital Project: Fire Facility Maintenance. Attachments: Final Bid Tabulations and Purchase Order Request Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION TO AWARD BID #14-43 AND AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH BENCHMARK CONSTRUCTION OF NWA, INC. IN THE AMOUNT OF $42,879.48 FOR REPLACEMENT OF THE DRIVEWAY AT FIRE STATION NO. 1, AND TO APPROVE A PROJECT CONTINGENCY OF $8,575.90 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #14-43, authorizes the Mayor to sign a contract with Benchmark Construction of NWA, Inc. in the amount of $42,879.48 for replacement of the driveway at Fire Station No. 1, and further approves a project contingency in the amount of $8,575.90. PASSED and APPROVED this 19d` day of August, 2014. APPROVED: I0 LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer City Fayetteville - Purchase Order Request (Pa) Requisition o. of 7I311201d (Hot a Purchase Order) P.O Number All PO Requests shall he scanned to the Purchasing o-mall: Purchasing@Fayetteville-ar.goir. Purchase shall not be made until an actual PO has been Issued. Vendor 68230 Vendor Benchmark Construction ail r Yes r No Legistar#. #: Name: 2014-ff355 FOB Point: Taxable Expected Delivery Date: Address: 333 W. Poplar Suite A R Yes r No Zip Code: Ship to code: Quotes Attached City: Fayetteville state: AR No Requester's Employee #: Extension: Requester: Granville Wynn 8806 7613 Item Description Quantity Unit of issue Unit Cost Extended Cost Account Number Project.5ub# Inventory # Fixed Asset # 1 Concrete Driveway at Station 01 1 $.42,679.48 4470.9470.5400.00 02006.1 2 3 4 5 s 7 8 9 10 Shipping/Handling Lot papal Insvuctions: Subtotal: $42,879.48 Tax: Total: $42,879A8 Approvals: Mayor: Department Director: Purchasing Manager. Chief Finan0aI Dfflcer: Budget Director: IT Director: Dispatch Manager: Lltilibes Manager .._. Other, CITY OF City of Fayetteville, AR oil Bid 14-43, Construction — Fire Station Driveway Replacement Vendor: Benchmark Construction of NWA Inc. Terms: Single Project ARKAThis contract executed this tL day of 2014, between the City of Fayetteville, Arkansas, and Benchmark Construction of NWA, Inc. In consideration oft mutual covenants contained herein, the parties agree as follows: 1. Benchmark Construction of NWA, Inc. at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 14-43 as stated in Benchmark Construction of NWA, Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 14-43, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay Benchmark Construction of NWA, Inc. based on their bid proposal in an amount not to exceed 42 879M Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contract between the City of Fayetteville and Benchmark Construction of NWA, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 14-43 with the specifications and conditions typed thereon. B. Benchmark Construction of NWA, Inc. bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4, These Contract documents constitute the entire agreement between the City of Fayetteville and Benchmark Construction of NWA, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Benchmark Construction of NWA, Inc. S. Benchmark Construction of NWA, Inc, shall not assign its duties under the terms of this agreement. Benchmark Construction of NWA, Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Benchmark Construction of NWA, Inc. performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. Benchmark Construction of NWA, Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Benchmark Construction of NWA Inc. shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. City of Fayetteville, AR Bid 14-43, Construction — Fire Station Driveway Replacement Page 1 of 2 Workmen's Compensation Comprehensive General & Automobile Insurance Bodily Injury Liability Property Damage Liability Statutory Amount $500,000 for each person injured. $1,000,000 for each accident. $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by Benchmark Construction of NWA Inc. 8. Benchmark Construction of NWA, Inc. to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Benchmark Construction of NWA Inc. with 30 days written notice. 10. This project shall be completed within 30 calendar days from issue date of Notice to Proceed. 11, Liquidated Damages: N/A 12. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 13. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. WITNESS OUR HANDS THIS--�LDAY OF 2014. CITY OF F ETTEVI E, RKAN . LI NELD RD ,Mayor Benchmark Construction of NWA_Inc. By: Signature G i CAtidcnS C,o,PKJTt- , 0-47 6 Printed Contractor Name & Title A S Signature) ....-K I - Company Secretary (Printed Name) Business Address 333 . Pt)Pt Ae rL. 5-rE 4 City, State & Zip Code r-4),TrE V`dL'- s Date Signed: ! ? y City of Fayetteville, AR Bid 14-43, Construction — Fire Station Driveway Replacement Page 2 of 2 ATTEST: (Signature) � � •G1.� Y O�c `�,rG Sondra Smith, City Clerk FAYEIiEVILLE; Date Signed: '0' 5-`l V CITY OF City of Fayetteville, Arkansas • Purchasing Mvision Sy 4RK � 0FFICIAL31DTABU LATION Bid 14-43, Const. - Fire Station Driveway Replacement N s A S Thu rsdey, J my 31, 2014 4:00 PM unitof EFdmMd Itemu Description Measure 0wanary Mobilization - Shall not exceed 5% of the 1 total base hid LS 1 2 insurance & Bonds LS 1 3 5" (inch) Concrete Driveway SY 932 x 4 Cnncrete Curb and Gutter LF 79 5 Removal of Existing Pavement SY 832 6 Subgrade Preparation SY 832 TOTAL BASE BID (Sum of calculated Item 1-6)- CPPO, Purchasing Benchmark Construction Goodwin & Goodwin LIB Construction Inc Unit Price Total Price Unit Price Total Price Unit Price Total Price $ 1,310.00 5 1,310.00 5 3,000.00 $ 3,000.00 $ 2,500.00 $ 2,500,00 $ 1,480.00 $ 1,480.00 $ 1,500.00 $ 1,500,00 $ 1,COC.po $ 1,000.00 $ 30.55 $ 2S,417.60 $ 55.00 $ 45,760.00 $ 47.66 $ 39,653.12 $ 11.00 $ 869,00 $ 18.00 $ 1,422.00 $ 20.00 $ 1,580.D0 $ 1&00 5 1o,816.00 $ 15.00 $ 12,480.00 $ 13.S0 $ 11,232,00 $ 3.59 $ 2,985.88 $ 12.D0 5 9,984.00 $ 2.00 $ 1,664.00 $ 42879A8 5 74,145,00 57,629.12 •NOTICE: aid award is contingent upon vendor meeting minimu mpecH CWaA and flrmai authorization by Cdy officials. City of Fayetteville Bid 14-43, Construction — Fire Station Driveway Replacement Bid Form Contract Name: Bid 14-43, Construction — Fire Station Driveway Replacement Bid Number 14-43 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: !06At$-WYWk CVAX7 n P A1121411%At Go' t7 ? Section 1-- Intent: �. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of Fayetteville in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. Section 2 --Terms & Conditions: 2. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 186 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of City s Notice of Award. Section 3 — Bidders Representations: In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that. A.) Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number B.) Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. City of Fayetteville, AR Bid 14-43, Construction —Fire Station Driveway Replacement Page 23 of 30 CITY OF T J^ dayr11 �r Project Check List AANSS This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does, not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, Ali. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents All bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME: a 6U 014 4Q 0-04S-1 ARKANSAS CONTRACTORS LICENSE NUMBER: City of Fayetteville, AR Bid 14-43, Construction —Fire Station Driveway Replacement Page 3 of 30 C.) Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D.) Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that City and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E.) Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. F.) Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G.) Bidder is aware of the general nature of work to be performed by City and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H.) Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents_ I.) Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J.) The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Sid is submitted. K.) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over City. City of Fayetteville, AR Bid 14-43, Construction —Fire Station Driveway Replacement Page 24 of 30 L.) Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 —Subpart P — Excavations. M.) No Bid shall be based upon aggregate of Subcontractors performing more than 60 percent of the total Work. N.) The experience, past performance, and ability of each proposed Subcontractor will be considered in the evaluation of Bids. Any Subcontractor so requested shall be required to furnish experience statements prior to the Notice of Awards. Section 4—Price: Item a Description unit Of Measure Estimated Quantity Unit Price Total Line Rem Price 1 MOBILIZATION - SHALL NOT EXCEED S%OF THE LS 1 X $�� f - $ ✓r TOTAL BASE BID Z INSURANCE & BONDS LS 1 x $ _ $ 3 6" CONCRETE DRIVEWAY SY 832 X $ - $ A 4 CONCRETE CURBAND GUTTER LF 79 x $ fr v� _ $_ (ZI 5 REMOVAL OF EXISTING PAVEMENT SY 832 x S - $ V � 6 SUBS RADE PREPARATION SY 832 x $ - $ TOTAL BASE BID (Sum of calculated Item 1-61 $ ar Section 5 — Listing of Subcontractors: I, the signed General Contractor, certify that proposals from the following subcontractors were used in the preparation of my proposal. I agree that if I am the successful bidder, and if the following subcontractors are approved by the City, I will not enter into contracts with others for these divisions of the Work without written approval from the City. Section 6 — Contract Times: A.) Bidder agrees that the Work will be substantially completed and ready for final payment within the number of calendar days indicated in the bid documents. B.) Bidder accepts the provisions of the Agreement referring to liquidated damages in the event of failure to complete the Work with the times specified in the bid document. Section 7— Debarment: A.) As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (C.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual City of Fayetteville, AR Bid 14-43, Construction --Fire Station Driveway Replacement Page 25 of 30 awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Section 8 — Communications: A.) Communications concerning this Bid shall be addressed to the Bidder as follows: 5 � �LA-Z S M P,-W Phone No. 9i'/- -ROMR, FAX No. c? T t 13 / -- Section 9--SIGNATURE: A.} This bid is being submitted in good faith, according to the entire bid package presented: SUBMITTED on this Date of Arkansas State Contractor License No. Oa 33,9 M lC If Bidder is: OPTION 1: An Individual Name (type or printed): By: (lndividuatre) Doing business as: Business address: Phone No.: FAX No.: City of Fayetteville, AR Bid 14-43, Construction —Fire Station Driveway Replacement Page 26 of 30 OPTION 2: A Partners Partnership Name: (SEAL) By: (Signature of general partner— ach evidence of authority to sign) Name (type or printed): Business address: Phone No.: FAX No.: OPTION 3: A Corporation { CD1, T DP- A-I-tA>Q, Corporation Name: (SEAL) Date of Incorporation: Type (General Business, Professional, Service, Limited Liability): (Signature — attach evidence of authority to sign) Name (type or printed): —':-'A-t C; r � Title: (CORPORATE SEAL) ! Business address: qKr L-7 R -79 Phone No.: $71- {tea K Z - FAX No.: City of Fayetteville, AR Bid 14-43, Construction -Fire Station Driveway Replacement Page 27 of 30 City of Fayetteville Bid 13-23, Construction — Hangar A Renovation Re -Bid Vendor References The following information is required from all Bidders so all bids may be reviewed and properly evaluated. COMPANY NAME: �i !:- r ca -E A/k/A BUSINESS ADDRESS: NUMBER OF YEARS IN BUSINESS: _ HOW LONG IN PRESENT LOCATION: f - TOTAL NUMBER OF CURRENT EMPLOYEES: f aC FULL TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: `1 FULL TIME PART TIME PART TIME PLEASE LIST FOUR (4) LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARSlAII fields must be completed). Contractors shall have valid experience. COMPANY NAME 9 -, A� is�yl CITY, STATE, ZIP CONTACT PERSON ,'%'-'7 `, - a , �; L v`t TELEPHONE C E-MAIL ADDRESS 3. �_' r''i`Tl C5 /—'- /\,,% Of i C ' COMPANY NAME CITY, STATE, ZIP CONTACT PERSON -7 5-(-)-9rt1-i' TELEPHONE -- -- DATE COMPLETED I- I' OR � E-MAIL ADDRESS City of Fayetteville, AR Bid 13-23, Construction-HangarA Renovation Re -Sid Page 25 of 27 2. (J Aq c" 17F 4 (4 COMPANY NAME AP_ -7-92P r CITY, STATE; ZIP 00- CONTACT PERSON �J D TELEPHONE DATE COMPLETED E-MAIL ADDRESS _ T COMPANY NAME �-- t� S �-< CITY, STAT , ZIP d� CONTACT PERSON 55? -7� TELEPHONE /// DATE COMPLETED E-MAIL ADDRESS B,aHoC smarm • Hiller • av* d'Assodates 550D Euper Lane Pt] Box 3529 Ft. Smith, AR 72913 (479) 45240M www.bhca.com KNOW ALL MEN BY'TRESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) Benchmark Construction of NWA, Inc. 333 West Poplar, Ste A Fayetteville, AR 72703 as Principal, hereinafter called the PrinoipA and (Here in.RoH f ell nami,. and oddrP..CC Ar k8al floe nf.Surwry) Westfield Insurance Company P. O. Box 5001 Westfield Center, OH 44251-5001 a corporation duly organized under the laws of the State of Ohio as Surety, hereinafter catlod the Surety, are held and firmly bound unto !Here insert full name and address or legal title of Ouraer) City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE TOTAL AMOUNT BID Doll= ($ 5% ), for die paynEcnt of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Fire Station Driveway Replacement (Here insert futt name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in aarr:rdanre with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient sw ety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in tl►e event of the failure of the Principal to enter such Contract and giva such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of July 2014 Westfield Insurance Company_:_ ( c et Elizabeth A. Soloman, Attorney -in -Fact AEA 0Qwment A310'v-1970. Copyright* 19W and 1970 by The American Inslilute of AmbRects. THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO M7113, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 0320052 44 Genera[ Power of Attorney CERTIFIED COPY Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint SAM S. HILLER, LARRY R. CLARK, JANICE A. BUTLER, SCOTT R, CLARK, MARTY C. CLARK VICCI L. HILLER, SHANNON C. SCHMIDLY, ELIZABETH A. SOLOMON, SARAH K. DAY, JOINTLY OR SEVERALLY of FORT SMITH and State of AR Its true and lawful Attorneys) -in -Fad, with full power and authority hereby conferredin its name, place and stead, to execute, acknowledge and deliver any and all bonds, recagnizanees_ undertakings, or other instruments_or contracts of suretyship - - - - - - - - -- - - - - - - - - - - -- - - - --- _ LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GU EE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney($) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:. 'Be fit Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-ln-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and ail bonds, reoognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -fin -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." 'Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting held on February 8, 2000). in Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 17th day of MAY A.D., 2013 _ M N,N 111,... �,,,,,,INI Corporate ryy ,.,A�`t)nIAC� s..� f" WESTFIELD NATIONALE SVRANCE COMPANY SURANCE COMPANY WESTFIELD IN Seals .•�-•. Affixed . �';�Q ' '''G�- ..}R;� OHIO FARMERS INS�IRANCECOMPANY sEn :M-SEAL =rn= _�- +fr:Ay•.1648 0- i «.....r' '•., •"' * '•• ,,,'� „ •tea' SY "•- '":,,,�. Dennis P. Baus, Natiorra! Surety Leader and state of Ohio f 111,"•, Senior urea Executive County of Medina ss.: On this 17th day of MAY AD-, 2013 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio, that he is National Surety Leader and Senior ExecutiYe of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such Corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial . Seal P�1 A Affixed a William J. Kahelin, A rney at Law, Notary Public State of Ohio = +A 40 o My Commission Does Nat Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: der I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which Is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of Eon. � � �`�i,a =` N SEALsm c -r'a a Secretary .an } � �y�;•. ::o 4� s 18413 F •.........* r Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) David Dayringer Submitted By City of Fayetteville Staff Review Form 2014-0424 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item t%m*a W%�Wbtn �1 9/24/2014 Fire / Fire Department Submitted Date Division / Department Action Recommendation: Approval of Change Order No. 1 for the Fire Station #1 Driveway Replacement to add undercut and base backfill to the contract. 4470.9470.5400.00 Account Number 02006.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Sales Tax Capital Improvements Fund Fire Facility Maintenance Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 178,530.00 $ 60,882.91 $ 117,647.09 $ 5,632.00 $ 112,015.09 V20140710 Previous Ordinance or Resolution # E►�EQ Original Contract Number: Approval Date: Comments: Original Contract was in Legistar #2014-0355 CITY OF 7.ayVg AS TO: Mayor Lioneld Jordan FROM: David Dayringer, Fire Chief DATE: September 25, 2014 SUBJECT: Change Order #1 — Fire Station #1 RECOMMENDATION: Staff recommends approval of Change Order #1 to the contract with Benchmark Construction for the Fire Station #1 Driveway Replacement project. DISCUSSION: On August 19, 2014, the City Council approved a contract with Benchmark Construction for the replacement of the concrete driveway and parking area in front of Fire Station #1. After the removal of the existing concrete pavement, it was discovered that there was unsuitable material below the driveway. The contractor was instructed to excavate this material and replace with class 7 base. The base material has been compacted in place and has passed all testing. Benchmark Construction has provided a cost for the undercut and replacement which totals $5,632.00. This project was approved with an $8,575.90 contingency. BUDGETISTAFF IMPACT: The finances required for this project are already budgeted in the Fire Sales Tax Capital Project: Fire Facility Maintenance. Attachments: Change Order #1 Mailing Address: 113 w. Mountain Street www.fayetteville-argov Fayetteville, AR 72701 CHANGE ORDER Contract Title Fire Station #1 Driveway Replacement Change Order No. 1 Date of Issuance To Contractor: Benchmark Construction of NWA, Inc. ORAINANCE/RESOLUTION: The Contract is changed as follows: Effective August 19 2014 Bid Bid Previous Unit Contract Revised Revised Original Revised Contract Item Item Estimated of Unit Estimated Unit Estimated Estimated Changes No. Description Quantity Measure Price Quantity Price Cost Cost 7 Undercut and Replace with Base 0 CF $0.00 1100 $5. l2 $0.00 $5,632.00 Summation of Cost au.ou an,osa.uv Net Cost for this Change Order S5,632.00 The original Contract Price was Net change by previously authorized change orders The Contract Price prior to this Change Order was The Contract Price will be [incmased][decreased] by The new Contract Price including this Change Order will be The Contract Time(s) will be remain unc Rec{...-A dates of Competion as of the date of this Change Order therefore are: ,,,,,,,,,,,,,,,,,,,,,,,,_ ... ....... ,„,,,,....... .,,,_. ., _ ..... Substantial Completion - __- NA Final Completion NA NOTE: This summary does not reflect changes iu the Contract Price or Time(s) which have bean authorized by work Change Directives not incorporated in this or previous Change Orders Benchmark Construction of NWA, In BY 15ATE 12 165--iq THE AMERI CAN INSTITUTE OF ARCHITECTS I II1111N11111I11 IIIV IIIII Ilff i IIIII IIIII IIIII IIIII Illf f IIIII Ilf f f IIIII Ilil IIII Doe ID: 015902350009 Type: LIE Kind: PERFORMANCE BOND Recorded: 09/17/2014 at 04:32:26 PM Fee Amt: $35.00 Pape 1 of 9 Washington Countv, AR Kyle Sylvester Circuit Clerk FileB032--00000764 AIA Document A312 Performance Bond Bond # 0892899 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Benchmark Construction of NWA, Inc. 333 West Poplar, Ste A Fayetteville, Arkansas 72703 OWNER {Name and Address): City of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 SURETY (Name and Principal Place of Business): Westfield Insurance Company P. O. Box 5001 Westfield Center, Ohio 44251-5001 CONSTRUCTION CONTRACT Date: Amount: FORTY-TWO THOUSAND EIGHT HUNDRED SEVENTY-NINE AND 48/100THS Dollars (542,879.48) Description (Name and Location): City of Fayetteville - Construction - Fire Station Driveway Replacement, Fayetteville, AR BOND �t Date (Not earlier than Construction Contract Date): Amount: FORTY-TWO THOUSAND EIGHT HUNDRED SEVENTY-NINE AND 48/100THS Dollars ($42,879.48) Modifications to this Bond: None ❑See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Benchmark Construction of NWA Inc. Signature: [�v Name and Title: (Any additional signatures appear on page 3) SURETY Company: (Corporate Seal) Westfield I pany Signal e: Name an itle: Scott R. Clark Attorney -In -Fact (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Brown -Hiller -Clark & Associates other party): P.O. Box 3529 Fort Smith, Arkansas 72913 (479) 452-4000 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • UECEMSLR 11914 I'D. - AIA .R THE AMERICAN IN5TITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINUTON, D.C. 20W6 THIRD PRINTING • MARCH 1987 A312-1984 1 . r 1 The Contractor and the Surety, jointly and severally, bind themselves, 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 participate 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 considering 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 Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, 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 de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 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 accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense 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 Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared 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 h in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange 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 deter- mined, 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 anv 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 Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance 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 Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of anv such unrelated obligations, No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other ohliga- tions. 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 [he work is located and shall be instituted within two vears after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 - PERFORMANCL BOND AND RAYMENT BOND • DECE.MBER 1914 CE). - AIA a THE_ AMERICAN IN5I1TUTt. OF ARCHITECTS, 1735) NEW YORK AVE., N.W., WASHINGI(N, D.C. 'I010i) A312-1984 2 THIRD PRINTING • MARCH 1987 able 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 sig- nature 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 statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming 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 Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: tractor 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, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form 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 Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. SURETY Company: Signature: Name and Title: Address: (Corporate Seal) AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND - DECEhtBER 1981 ED. • AIA n THE AMERICAN INSTITUTE Of ARCHITECTS, 17.15 NEW YORK AVE., N.W.. WASHINGTON, D.C_ 2DD06 A312-19M 3 THIRD PRINTING • MARCH 1987 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 07123112. FOR ANY PERSON OR PERSONS NAMED BELOW. General Power of Attorney POWER NO, 0320052 04 Westfield Insurance Co. Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company' and collectively as `Companies; duly organized and existing under the laws of the State of Ohio, and having its principal office In Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint SAM B. HILLER, LARRY R. CLARK, JANICE A. BUTLER, SCOTT R. CLARK, MARTY C. CLARK, VICCI L. HILLER, SHANNON C. SCHMIDLY, ELIZABETH A. SOLOMON, JOINTLY OR SEVERALLY of FORT SMITH and State of AR its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred In Its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other Instrunents or contracts of suetyshiP------------------------------ -------- -- -- -- ---- ----- ----- - -- -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE (TUMBIRM, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do In the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' 'Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting held on February 6, 2000). In Witness Whereof; WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Suety Leader and Senior Executive and their corporate seals to be hereto affixed this 23rd day of JULY A.D., 2012 . Corporate WESTFIELD INSURANCE COMPANY Seals a...... '�`� ,,•`'tv •••'•'•'•h+�:WESTFIELD NATIONAL INSURANCE COMPANY Affixed rry 0 -�• 'j $ OHIO FARMERS INSURANCE COMPANY ,* ; 1848 State of Ohio "" ^""' Dennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 23rd day of JULY A.D., 2012 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above Instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Soal IL Affixed P............ S Will J. Kahelin, A mey at Law, Notary Public State of Ohio d+ 40 q My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: y !•� 1, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out In the Power of Attorney are in full force and effect. In Witness Wheroof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this ALday of QJ r ins X SEAL' n r':""S'�c{/�: SL' LPL 1846 r: • A y"'•4, mw ..... BPOAC2 (combined) (D6•02) 1 Smrtary Frank A. Carrino, Secretary THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond Bond # 0892899 Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Benchmark Construction of NWA, Inc. 333 West Poplar, Ste A Fayetteville, Arkansas 72703 OWNER (Name and Address): City of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 SURETY (Name and Principal Place of Business): Westfield Insurance Company P. O. Box 5001 Westfield Center, Ohio 44251-5001 CONSTRUCTION CONTRACT Date: Amount: FORTY-TWO THOUSAND EIGHT HUNDRED SEVENTY-NINE AND 48n00THS Dollars (S42,879.48) Description (Name and Location). City of Fayetteville - Construction - Fire Station Driveway Replacement, Fayetteville, AR BOND Date (Not earlier than Construction Contract Date): _L7t fq. zwg( Amount: FORTY-TWO THOUSAND EIGHT HUNDRED SEVENTY-NINE AND 481100THS Dollars (S42,879.48) _ Modifications to this Bond: ❑ None �`I See Page 6' CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Benchmark Construction of NWA, Inc. ` Signature: _ . • all Name and Title: (Any additional signatures appear on page 6) SURETY Company: =(Corporate Seal) Westfield Insura ComAny ' 5ignatur �• r ____ Name a d tle: Scott R. Clark Attornev-In-Fact (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Brown -Hiller -Clark & Associates other party): P.O. Box 3529 Fort Smith, Arkansas 72913 (479) 452-4000 AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA lk THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W„ WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING - MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated 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 fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor 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 pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 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 substantial 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 Con- tractor 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 furnished 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 Contractor, or not received within 30 days of furnishing the above no- tice 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 the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 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 Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance 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 obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity 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 unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations 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, purchase 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 juris- diction 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 mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. 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. 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 statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 • PERFORMANCE HONE) AND PAYMENT BOND • DECF,ti BER 1'1H4 1 D • AIA' THE AMERICAN INSTHUFF OF ARCHITECTS, 1735 NEW YORK AVF , N,W., wASHINGTON, DC 2(XA)6 THIRD PRINTING, • .~MARCH 1987 A312-1984 S Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and potential beneficiary of this Bond, the Contractor shall all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. 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 equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: See Attached A312 Payment Bond Rider (Space is provi 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature 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 Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. CONTRACTOF Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER IWW ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-19M G THIRD PRINTING • MARCH 1987 Bond # 0892899 A312 PAYMENT BOND RIDER Phis rider amends the provisions of the A312 Payment Bond as follows: Paragraph 5 is deleted in its entirety. Paragraph 6 is deleted in its entirety and replaced with the following: 6. When the Surety has received Notice as required in Paragraph 4 above, the Surety shall take the following action; 6.1) Send an acknowledgment letter to the claimant, with a copy to the Owner, requesting information and documentation necessary to investigate the claim. 6.2) As soon as reasonably practical under all circumstances, and after having received the requested documentation from the claimant, including a properly executed Affidavit of Claim, advise the claimant of the status of the claim. No provision of this bond shall be interpreted to waive or discharge any right or defense of the Surety or the Contractor. No action or failure to act by the Surety or the contractor shall be considered to be a n admission of liability or a waiver of the Contractor or Surety's right to dispute a claim in whole or in part. BD 5971A (01-0B) I THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER 0 AND ISSUED PRIOR TO 07123112, FOR ANY PERSON OR PERSONS NAMED BELOW. Genera! POWER NO. 0320052 04 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a "Company" and collectively as "Companies,' duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint SANE B. HILLER, LARRY R. CLARK, JANICE A. BUTLER, SCOTT R. CLARK, MARTY C. CLARK, VICCI L. HILLER, SHANNON C- SCHMIDLY, EUZABETH A. SOLOMON, JOINTLY OR SEVERALLY of FORT SMITH and State of AR its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in Its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other Instruments or contracts of suretyship- - --------- ----- -- -------- - - - --- •-- ----- --- ---- ------- - - -- -- -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE MAMMM, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-1n-Fact may do In the premises. Said appointment Is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: `Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' -Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February e, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 23rd day of JULY A.D., 2012 . Corporate •+ '' WESTFIELD INSURANCE COMPANY Seals \�s0�'¢e r•'�as��n'J•�hs''_ WESTFIELD NATIONAL INSURANCE COMPANY Affixed }r4►p O; •�'� } • OHIO FARMERS INSURANCE COMPANY SEAL :nc�••; ¢ State of Ohio Dennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 23rd day of JULY A.D., 2012 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial r Seal A\ A L S Affixed • William J. Kahelin, A mey at Law, Notary Public State of Ohio W� � o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: q �•. r o C 0 I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out In the Power of Attorney are in full force and effect. ?.i•I�I�tness Whereof, I n9ve hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this—L—qday of - r%le • A: -S Stit"�J!• ,Z 5 '"LLSEAL 1 = •�� ,Q ••, 184800, . a div I ss«rrrrrt Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) A� �® CERTIFICATE OF LIABILITY INSURANCE GATE (MMfDDrmrY) 9/2212014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the pollcy(les) roust be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRO13UCER Paul E Dunn Insurance Agency Inc. 1722 N Gregg gg Fayetteville AR 72703 CONTACT NAME: Paul E Dunn PHONE C. No. 479-587-0071} afc No: 4T9-5$7-0080 -MAIL ADDRESS: piiul@pauledunninsurance.com INSURERS AFFORDING COVERAGE NAIC 0 INSURER A : Owners 32700 INSURED Benchmark Construction of NWA, Inc. 333 W Poplar Street Fayetteville, AR 72703 INSURER B : Auto Owners 18988 INSURER C : Auto Owners 18988 INSURER D : Owners 32700 INSURER E: Owners 32700 INSURER F : I-MIUDer--cC CFI7TIFIR6TF NI IMRFR- RFVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE AO U R POLICY NUMBER MMIDDYIYYYY MWDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,0()0,000 CLAIMS -MADE OCCUR PREMISES Me occurrence S 50,000 MED EXP (Any one person) S 5,000 y PERSONAL & ADV INJURY $ 1,000,000 A 70199442 1111/2013 11112014 GEN'L AGGREGATE LIMIT APPLI ES PER: GENERALAGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 u POLICY E]jE O- -oc. $ OTHER AUTOMOBILE LIABILITY Ea acddenMBINED SINGLE LIMIT tl $ 1,000,000 BODILY INJURY (Per person) S 1,000,000 ANY AUTO BODILY INJURY (Per accident) $ 11000,000 B ALL OWNED x SCHEDULED AUTOS AUTOS HIREDAUTOS AUTOS Y 48-199442-00 5l112014 111l2014 peOPERTYtDAMAGE s 500,000 S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE 48-199442-01 1111/2013 1/1/2014 QED I J RETENTIONS $ C D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE Y❑ OFFICERIMEMBER EXCLUDED? (Mandatory In NMI NIA 70037637 11/112013 1/1/2014 x PER T E RH- E.L. EACH ACCIDENT f 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE • POLICY LIMIT S 500,000 If yes, desuibe under DESCRIPTION OF OPERATIONS below Other: E Rented/Leased Equipment 70199442 11/1/2013 111/2014 $ 0,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Fire Station #1 Concrete Replacement CFRTIFICOTF HOLDER CANCELLATION The City of Fayetteville SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 113 West Mountain Street ACCORDANCE WITH THE POLICY PROVISIONS. Fayetteville, Arkansas 72701 AUTHORIZED REPRESENTATIVE ©19BB-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD