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HomeMy WebLinkAbout159-15 RESOLUTIONAyk: Ru 1' Q gKAN.S p,S 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 159-15 File Number: 2015-0406 BID NO. 15-46 TOMLINSON ASPHALT CO., INC.: A RESOLUTION TO AWARD BID NO. 15-46 AND AUTHORIZE A CONTRACT WITH TOMLINSON ASPHALT CO., INC. IN THE AMOUNT OF $301,201.16 FOR THE CONSTRUCTION OF THE LAKE FAYETTEVILLE TRAILHEAD PARKING LOT PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,000.00, AND TO APPROVE A BUDGET ADJUSTMENT 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 No. 15- 46 and authorizes a contract with Tomlinson Asphalt Co., Inc. in the amount of $301,201.16 for the construction of the Lake Fayetteville Trailhead Parking Lot Project, and further approves a project contingency in the amount of $30,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 9/15/2015 `��ttttttitll}�trf� `��� ARK I TRS• ���� ��• FAYE EVILLE: � Attest: ; RA y/ t;°► ailtiINI 0 '�% Sondra E. Smith, City Clerk Treasurer Page 9 Prinfed on 9116/95 City of Fayetteville, Arkansas 113 West Mountain Street In, Fayetteville, AR 72701 (479) 575-8323 .. Text File File Number: 2015-0406 Agenda Date: 9/15/2015 Version: 1 Status: Passed in Control: City Council Meeting File Type: Resolution Agenda Number: A. 4 BID NO. 15-46 TOMLINSON ASPHALT CO., INC.: A RESOLUTION TO AWARD BID NO. 15-46 AND AUTHORIZE A CONTRACT WITH TOMLINSON ASPHALT CO., INC. IN THE AMOUNT OF $301,201.16 FOR THE CONSTRUCTION OF THE LAKE FAYETTEVILLE TRAILHEAD PARKING LOT PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,000.00, AND TO APPROVE A BUDGET ADJUSTMENT 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 No. 15-46 and authorizes a contract with Tomlinson Asphalt Co., Inc. in the amount of $301,201.16 for the construction of the Lake Fayetteville Trailhead Parking Lot Project, and further approves , a project contingency in the amount of $30,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 91IM015 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division: Transportation Services Adjustment Number 2015 Dept'. Transportation Services Requestor: Ginny Gundlach BUDGET ADJUSTMENT DESCRIPTION /JUSTIFICATION: $143,00.00 is requested from fund balance to increase the Lake Fayetteville Trailhead (BGSO) project to expedite construction and award Bid 15-46, Construction - Lake Fayetteville Trailhead Parking Lot, which came in at a cost higher than anticipated. COUNCIL DATE: 9/15/2015 LEGISTAR FILE ID#: 2015-0406 Lei cw7),cww Fdl/ 8/28/2015 7:36 AM Budget Director Date TYPE: DESCRIPTION: C:\lasers\Ibronson\AppData\Roaming\L5\Temp\d4d0880c-5e6c-4bf6-be82-f6ede235410c 1 of 1 rn D D v— 8 — @ C L °' D t » M W -4 6i CJS A W N -� � (D m r r � (D v 0' N.°.' i O D n(D 7 w m i c V1 e p m ° (n C y D o' -0 °° CD N d - 7 to3 y N 0 =r" - CD D 01"h Q Alf � y. � IN 44 _ (b CD m _ - l< d O pq- r'F N N 3 s Q T A CL .� rn D Q C G m 9w_r_ cn 0 y. W N N o N -._.CD. c a c C v 3'Y'0 �? m o 0o �C co D 3 (DD D y n 3 W N lDCD 3 (A o A o 0 0 O G O O i m im , M'. X m 0 ~ C7 A N Q ° S p D CD A C N G � N m cn oo 3 ? i 3 a o A o rn � o -_ m CD o # Cl O X° :3 x O Ga 0 14 D D =. .. w o m• In = D Q 7 co m ? '2 m D s CnN C Q -4Q O 12� I O D 7 O1$ Q CQ (D 97 7 m Q Q 7 X N IV of o n N 0 0 Q ro w m y c m m o i C) o D m_ N � n ik Title BID NO. 15-46 TOMLINSON ASPHALT CO., INC.: A RESOLUTION TO AWARD BID NO. 15-46 AND AUTHORIZE A CONTRACT WITH TOMLINSON ASPHALT CO., INC. IN THE AMOUNT OF $301,201.16 FOR THE CONSTRUCTION OF THE LAKE FAYETTEVILLE TRAILHEAD PARKING LOT PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,000.00, AND TO APPROVE A BUDGET ADJUSTMENT 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 No. 15- 46 and authorizes a contract with Tomlinson Asphalt Co., Inc. in the amount of $301,201.16 for the construction of the Lake Fayetteville Trailhead Parking Lot Project, and further approves a project contingency in the amount of $30,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville Staff Review Form 2015-0406 Legistar File 1D 9/15/2015 Chris Brown Submitted By City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/27/2015 Engineering / Development Services Department Submitted Date Division / Department Action Recommendation: Approval of a contract in the amount of $301,201.16 with Tomlinson Asphalt Co., Inc. for the construction of the Lake Fayetteville Trailhead Parking Lot Project and a project contingency of $30,000 (10%) and approval of a budget adjustment in the amount of $143,000.00. 4470.9470.5814.05 Account Number 15016/1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Budget Impact: Sales Tax Capital Improvements Fund Lake Fayetteville Trailhead (BGSO) Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 190,000.00 489.50 331,201.16 143,000.00 V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF • ee�e ARKANSAS MEETING OF SEPTEMBER 15, 2015 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Terry Gully, Transportation Services Director Chris Brown, City Engineer FROM: Matt Casey, Engineering Design Manager DATE: August 27, 2015 SUBJECT: A contract in the amount of $301,201.16 with Tomlinson Asphalt Co., Inc. for the construction of the Lake Fayetteville Trailhead Parking Lot Project and approval of a project contingency of $30,000 (10%). RECOMMENDATION: Staff recommends City Council approval awarding a contract in the amount of $301,201.16 with Tomlinson Asphalt Co., Inc. for the construction of the Lake Fayetteville Trailhead Parking Lot Project and approval of a project contingency of $30,000 (10%). BACKGROUND: Trail use at Lake Fayetteville has increased significantly with the completion of the paved trail loop around the lake and the Razorback Regional Greenway along the north side. Trail access from the east side of Lake Fayetteville is currently limited to the Botanical Gardens of the Ozarks parking lot which can often fill to capacity. In the 2015 budget, the City Council approved an individual CIP project to address the growing need for additional parking. The trailhead will include 40 standard parking spots incorporating low impact development features and a connection to the Lake Fayetteville Trail. DISCUSSION: On August 21, 2015, the City received one (1) construction bids for this project. Tomlinson Asphalt Co., Inc. submitted the bid which was approximately .6% above the Engineer's Estimate of $299,500.00. Engineering staff recommends awarding this contract to Tomlinson Asphalt Co., Inc. The contract time is 90 days (3 months) for substantial completion. BUDGET/STAFF IMPACT: This project is funded by the Capital Improvements Program 15016.1. $190,000 is available in the project. A budget adjustment is included adding $143,000 to the project from the Sales Tax Capital Fund. Attachments: Bid Tab Section 0500 Agreement Section 0400 Bid Form Budget Adjustment Purchase Order Request Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DOCUMENT 00500 -- AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: Lake Fayetteville Trailhead Parking Lot Contract No.: 15-46, Lake Fayetteville Trailhead Parking Lot THIS AGREEMENT is dated as of the I day of 1 in the year 2015 by and between The City of Fayetteville, Arkansas and \L.' 4 (hereinafter called Contractor). ARTICLE I - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The construction of an approximately 23,958 sq. ft. parking lot. The parking lot shall comprise of 42 parking spots consisting of motorcycle/scooter parking, handicap accessible parking, and bike racks. The parking lot will include storm drainage, bioretention and traditional detention. Any use of a third party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. The Contract includes work in AHTD Right-of-way, City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400 -Bid Form for quantities: ARTICLE 2- ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville 00500 Agreement 00500 - 1 DOCUMENT 00500 — AGREEMENT (continued) Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3- CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work shall be Substantially Completed within 90 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment in accordance with the GENERAL CONDITIONS Within 120 calendar days after the date when the Contract Times commence to run. 3.03 LI UIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially 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 Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 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 3.02 for completion 00500 Agreement 00500 -2 DOCUMENT 00500 AGREEMENT (continued) and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4- CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 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. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during 00500 Agreement 00500 - 3 DOCUMENT 00500 -- AGREE,MENT continued) construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 90% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 2. Upon Substantial Completion, The City of Fayetteville shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. 00500 Agreement 00500 - 4 DOCUMENT 00500 — AGREEMENT (continued) 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6- CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. 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, and furnishing of the Work. C. 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. D. Contractor 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. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated 00500 Agreement 00500 - 5 DOCUMENT 00500 - AGREEMENT (continued) in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of 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, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing 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. G. 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. H.. 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. 1. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. 00500 Agreement 00500 - 6 DOCUMENT 00500 — AGREEMENT (continued) J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7- CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement_ 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: Lake Fayetteville Trailhe Parkin Lot 8. Addenda numbers one (1) to two (2), inclusive. 00500 Agreement 00500 - 7 DOCUMENT 00500 — AGREEMENT (continued) 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8- MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. 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. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his 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. 00500 Agreement 00500. 8 DOCUMENT ©05.00 AGREEMENT (continued) 8.04 SEVERABILITY: A. 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 The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City 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 photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§1.8-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. 00500 Agreement 00500 - 9 DOCUMENT 00500 - AGREEMENT.(continued) IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Engineer, Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf. This Agreement will be effective on "+J24 L6 , 20/5, which is the Effective Date of the Agreement. CONTRACTOR: eAAIJ CITY FA (:;; Lit (SEAL) Attest. s/`f -z:;;:11 k By: Title: Mayors -.- (SEAL) Attest ?u; FAYETI-EVILLE; KANSP•J;�'� (0)500 Agreement 0050() - 10 DOCUMENT 00500 -- AGREEMENT (continued) Address for giving notices Address for giving notices l gi1 4 e 113 W. Mountain. St. f /¢ , 7 Z %O_____ _ Fayetteville, AR 72701 License No. Q Y LS (attach evidence of authority to sign and resolution or other documents Agent for Service of process authorizing execution of Agreement) (If Contractor is a corporation, Approv Form: attach evidence of authority to sign.) By. • G r9 Attorney For: Uof END OF DOCUMENT 00500 00500 Agreement 005(X) - I I DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT: Contract Name: LAKE FAYETTEVILLE TRAILHEAD PARKING LOT Date: $/ 2-% // SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain. Street Fayetteville, Arkansas 72701 SUBMITTED BY: J �j Company -7; r h5o 3 / d. . Name / 1L/G /Y%Ae , Address L/// GAe A Principal Office lTc 4f Corporation ership, individual, joint yen they Arkansas State General Contractor's License Number EXPERIENCE STATEMENT 1. Bidder has been engaged as a General Contractor in construction for years and has performed work of the nature and magnitude of this Contract for" years. Bidder has been in business under its present name for 1.,LO years. / 2. Bidder now has the following bonded projects under contract: (On a separate sheet, Y\0 ( list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and estimated completion date.) 3. _k Bidder has completed the following (list minimum of 3) contracts consisting of work similar to that proposed by this Contract: (On a separate sheet, list project name, Sib • Lj owner, name of owner contact, engineer / architect, name of engineer/architect .�&& \cc 00140 -Bidder Qualifications 00140 —1 DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) contact, amount of contract, surety, and date of completion and percentage of the cost of the Work performed with Bidder's own forces.) 4. Has Bidder ever failed to complete any project? If so, state when, where, and why. Bidder normally performs the following work with his own forces: ('Nrb5J5r'dr �✓a Iks) /) 6. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): 4c►rfc frTffi4I y,, PE 3r yrs. 7. In the event the Contract is awarded to Bidder, the required surety Bonds will be furnished by the following surety company and name and address of agent: PO €O,c 3.x5 S,/ z5 rJ 8. Bidder's Workmen's Compensation Experience Modifier Factor is: _O!- -7 00140 -Bidder Qualifications 00140 —2 DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) FINANCIAL STATEMENT Bidder possesses adequate financial resources as indicated by the following: I&) I ( S ..4, iM +- . � •. �: : r� u �� rid 1� I. z = Assets `and -Labilities: Attach a financial statement, audited if available, including c f �. madder's latest balance sheet and income statements showing the following items: Curr�nt assets (cash, joint venture accounts, accounts receivable, notes accrued income, deposits, materials inventory, and prepaid expenses). b. Net fixed assets. c. Other assets. d. Current liabilities (accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes). e. Other liabilities (capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). f. Name of firm preparing financial statement and date thereof: R' is rI- Fevius o' i 30) Zo[r Clay If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgements are outstanding against Bidder: Judgment Creditors Where Docketed and Date Amount a. b. 00140 -•Bidder Qualifications 00140 -3 DOCUMENT 00140 -- BIDDER'S QUALIFICATION STATEMENT: (CONTINUE1) Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: ,20 1 _ t,- rte: 976 . J-'' Name of Organization: . f�,sa� dl�e � a �f (�- !!!!►�lll.Nllii11t11» By ` /✓G� Title ra ;it / (If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature of a duly -authorized officer and with the corporate seal affixed.) END OF DOCUMENT 00140 00140 -Bidder Qualifications 00140-4 Bid 15-46, Addendum 1 pate: Tuesday, August 18, 2015 To: All Prospective Vendors From: Andrea Foren Rennie, CPPO, CPPB — 479.575.8220— aforen@fayetteville-ar.gov RE: Bid 15-46, Construction — Lake Fayetteville Trailhead Parking Lot 1. The advertisement for this bid has one clarification: a. Second paragraph, first sentence shall read (changes in bold) "Sealed bids shall be submitted in a sealed envelope or package labeled Bid 15-46." b. The advertisement ran with the error on 7/30/15 and was corrected in the second advertisement which ran on 8/06/15. 2. This addendum includes the following attachments: a. Sign -In sheet from the non -mandatory pre -bid meeting held on Tuesday, August 11, 2015 at 2:00 PM. This Addendum No. 1 consists of one pages of written documentation and attachments indicated. Except as amended by this addendum, the requirements of the project as set forth in the original bid documents shall remain in effect. This addendum must be acknowledged in the space provided on the Bid Form. City of Fayetteville, AR Bid 15-46, Addendum 1 Page 1 Telecommunications Device for the Deaf TD[) (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 STATEMENT OF INTENT TO PAY PREVAILING WAGES PROJECT: TRAILHEAD PARKING LOT LAKE FAYETTEVILLE FAYETTEVILLE, ARKANSAS WASHINGTON COUNTY This is to certify that we, the following listed contractors, are aware of the wage requirements of the Arkansas Prevailing Wage Law and by signature below indicate our intent to pay no less than the rates established by Arkansas Prevailing Wage Determination Number 15 -Oil for work performed on the above noted public project. I understand that contractors who violate prevailing wage laws, i.e., incorrect classification/scope of work of workers, improper payments of prevailing wages, etc., are subject to fines and will be required to pay back wages due to workers. Signature and Title Business Name Address Phone# of Business Official General/Prime Contractor Electrical Subcontractor Mechanical Subcontractor Plumbing Subcontractor Roofing/ Sheet Metal Subcontractor THE GENERAL/PRIME CONTRACTOR IS RESPONSIBLE FOR GETTING THIS FORM FILLED OUT AND RETURNING IT TO THE ARKANSAS DEPARTMENT OF LABOR WITHIN 30 DAYS OF THE NOTICE TQ PROCEED FOR THIS PROJECT. RETURN COMPLETED FORM TO THE ARKANSAS DEPARTMENT OF LABOR, PREVAILING WAGE DIVISION, 10421 W. MARKHAM, LITTLE ROCK, ARKANSAS, 72205. DOCUMENT 0400 BID FORM Contract Name: Lake Fayetteville Trailhead Parking Lot Bid Number: 15-46, Lake Fayetteville Trailhead Parking Lot BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: o % � 40W ALr Q. . Bidder: _ -- _-- i'-tt( w. VA -r. ARTICLE 1- INTENT 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner 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. ARTICLE 2- TERMS AND CONDITIONS 2.01 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 90 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 Owner's Notice of Award. 0400 -Bid Form 00400 -1 DOCUMENT 00400 ---BID FORM (continued) ARTICLE 3- BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number ij:I Date s� l mss - 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. 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 Owner 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, 00400 -Bid Form 00400 -2 DOCUMENT 00400 —BID FORM (continued) 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 Owner 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. 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 Bid 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 00400 -Bid Form 00400-3 DOCUMENT 00400 —BID FORM (continued) Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. 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. ARTICLE 4- ' BID PRICE Bidders are required to provide pricing for all line items, including deductive alternate items. Failure to provide deductive alternate pricing can result in bid rejection. The City intends to award this contract to the lowest qualified responsive responsible bidder based on the total base bid as long as the base bid amount falls within the amount of funds certified for the project plus 25%. In the event no bid falls within the amount of funds certified for the project, plus 25%, the City will utilize the deductive alternates in order to further evaluate bids until a bid received falls within the amount certified, plus 25%. In the event all deductive alternates are subtracted from the total base bid and no bid falls within the amount certified, plus 25%, all bids shall be rejected and become confidential. In no case shall the amount bid for the item of "mobilization" exceed 5% of the total contract amount for all items listed in the proposal or bid. Should the amount entered into the proposal or bid for this item exceed 5%, the bid shall be rejected. Bidder shall complete the Work in accordance with the Contract Documents for the following price(s): S. BID SCHEDULE 1 ITEM •' - EST. UNIT NO. SPEC. DESCRIPTION UNIT QTY PRICE TOTAL 1 511 Mobilization (Not to exceed 5% of total LS 1 35 6 q 3SG . tO , r bid) 2 112 Trench & Excavation Safety Systems LS 1 jan 1 CO ' ao q me 3 201 Clearing, Grubbing & Demo LS 1 1&h977 1gr / 77 4 202 Unclassified Excavation (Plan Quantity) CY 157 19 • � 00400 -Bid Form 00400-4 DOCUMENT 00400 BID FORM (continued) BID SCHEDULE I ITEM NO. SPEC. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 5 202 Embankment (Plan Quantity) CY 2709 . ,Z77 6 203 Subgrade Preparation (Plan Quantity) SY 2554 • IS 73Z 7 204 4" Topsoil SY 2250 L/ of c7' / b • a° 8 205 *Undercut and Stone Backfill CY 100 OCo . a' 9 301 18" RCP LF 45 3J-dcb , Qe 10 301 18" FES w/Precast Curtain Wall EA 3 Z�v 3 72o _ CO 11 301 24" RCP LF 15 , cc /" ? • Qo 12 301 24" FES w/Precast Curtain Wall EA 2 15— 3 j& . eo 13 701 5' x 8" RCB w/Curb LS 1 4i/g- q, g - 14 702 4' x 4' Outlet Structure LS 1 /39�- 15 306 Rip Rap with Filter Blanket (1' depth) CY 3 y3o 12 o • Co 16 401 (6") ABC Class 7 SY 2600 •6 ZZ S /�j • °p I 17 401 (4") ABC Class 7 SY 215 , c7 /?. ' 18 402 Prime Coat GAL 330 3 7O / ZS'a .19 403 (3") ACID Surface Course SY 2200 /S 17 3_ OZ 20 501 Standard Curb and Gutter LF 2000 /j ' 3, C 21 501 Modified Curb LF 30 3j ' 4' "! C • "° 22 501 Flush Curb LF 200 /'r 5' 2, fdo 00400 -Bid Form 00400-5 DOCUMENT 00400 —BID FORM (continued) BID SCHEDULE I ITEM NO. SPEC. DESCRIPTION UNIT EST. QIQTY UNIT PRICE TOTAL 23 502 (4") Concrete Sidewalk SY 215 L/Z • Sa 9 2c,2 24 505 Seeding and Mulch SY 2550 $�— Z, d7. 5b 25 507 (4") White Painted Stripe LF 750 26 507 Painted Handicap Symbol EA 2 2 r n . oa 27 703 Scooter/Motorcycle Sign w/Support EA 1 fG jb ?3 dc 28 703 Handicap Sign w/Support EA 1 /63 !b3 • `a' 29 509 Erosion Control . LS 1 -bi 730 6 f 7 3o ' cC 30 513 Handicap Ramps SY 10 7 00 31 517 Tree Protection Fencing LF 400 b . '3 Zq -2 • a' 32 705 inverted U-shaped Bike Rack EA 2 37� -7 S� • 00 33 706 4" Thick Concrete Bicycle Parking Pad SY 10 ? C7.r ' 34 707 Concrete Drainage Trough LS 1 l s--30 ), 5_ 3 e> • °b 35 708 Precast Concrete Wheel Stop EA 20 /� $D • ao 36 709 Level Spreader LS I / S `"Po / S"`/o • 37 710 Bioretention Soil Media CY 100S3 -1t s r-iz ` °a 38 711 Percolation Test EA 1 / ! '7 W / 39 712 *Upright Yaupon Holly EA 8 '$ --� 40 713 Landscaping LS 1 s 39 s -to ' *To be only used at the direction of the Engineer 00400 -Bid Form 00400-6 DOCUMENT 00400 —BID FORM (continued) TOTAL AMOUNT BID $3c/1 Zo/ DEDUCTIVE ALTERNATE The following is being requested to be offered as an alternate to the bid as a deduction. The total from this alternate will be deducted from the overall bid amount. ALTERNATE #1 ITEM NO.' . SPEC. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 19 403 (3") ACHM Surface Course SY 2200 C0 TOTAL AMOUNT BID (ALTERNATE #1) $ 30, O) co ARTICLE 5- CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. _5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6 BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: • A. Required Bid security in the form of a certified or bank cashier's check or a Bid Bond and- in the amount of ≤L d ti •" Dollars ($ B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. 00400 -Bid Form 00400-7 DOCUMENT 00400 —BID FORM (continued) ARTICLE 7- COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: ,_ Mftt r i L./( cam. ✓ ' 4k 4,_ ,& I ZZ ° 1 Email. 1'yrar►t N /. � f as /C c 1- C �- Phone No. tf"?P - , ( '- q7- . '.r,9- S zf— G,r 39 ARTICLE E'8 TERMINOLOGY 80,1 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Imtructions to Bidders will have the meanings assigned to them. SUBMITTED on Z/ , 20IS s Arkansas State Contractor License No. 00 V.0 ! /c If Bidder is: Name "(type. or printed): By: (SEAL) (Individual's Signature) Doing business as: Business address: Phone No.: FAX No.. 00400 -Bid Form 00400-8 DOCUMENT 00400 —BID FORM (continued) A Partnership Partnership Name: (SEAL) (Signature of general partner — attach, evidence of authority to sign) Name (type or printed): Business address: Phone No.: FAX No.: A Corporation or LLC Corporation Name: 7„�! ` 1 s 0— ..45 State of Incorporation: k 4 ItS't ) Typ eneral Busizaes Professional, Service, Limited (Signature — attach evidence of authority to sign) Name (type or printed): Title: Attest: (Signature of Corporate Secretary) LT 'vro $? �s�AL ,1976 . SQ -T C0".,�. _____O Rq j - Business address: 1l td- V Phone No.: 52f/77 2 FAX No.: END OF DOCUMENT 00400 00400 -Bid Form 00400-9 DOCUMENT 00410 — BID BOND KNOW ALL MEN BY THESE PRESENTS: that we 7 �G as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the sum of Dollars ($ J, for the payment of which sum, well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted a Bid for: Lake Fayetteville Trailhead Parking Lot NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the Owner in accordance 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 surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for 00410 -Bid Bond 00410- 1 DOCUMENT 00410 — BID BOND (continued) which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this PRINCIPAL SURETY day of 20_ ATTORNEY -IN -FACT (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) END OF DOCUMENT 00410 00410 -Bid Bond 00410 —2 (CORPORATE SEAL) (CORPORATE SEAL) DOCUMENT 00430 - LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: Lake Fayetteville Trailhead Parking Lot Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name and Address Clearing/Demolition Se I- SWPPP/Erosion Control $€ I Asphalt S LC Concrete JP l4 _ Landscaping La i4;3 a Material Testing Other (designate) � j I't'!�_ i2(P/, PwJemft-rPVtIa43 PD 60)rz V 1. rZ'?, A', 74&1 NOTE: This form must be submitted in accordance with the Instructions to Bidders. Bidder's Signatur END OF DOCUMENT 00430 Expected Percentage or Value .tea. f.r3f (1 of Tv.t f rOX- bez%% c p 7VN4L- 00430 -List of Subcontractors 00430 —1 DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: Lake Fayetteville Trailhead Parking Lot Contract No.: 15-46, Lake Fayetteville Trailhead Parking Lot THIS AGREEMENT is dated as of the between The City of Fayetteville, Arkansas and Contractor). ARTICLE 1- WORK day of in the year 2015 by and (hereinafter called 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The construction of an approximately 23,958 sq. ft. parking lot. The parking lot shall comprise of 42 parking spots consisting of motorcycle/scooter parking, handicap accessible parking, and bike racks. The parking lot will include storm drainage, bioretention and traditional detention. Any use of a third party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. The Contract includes work in AHTD Right-of-way, City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400 -Bid Form for quantities: ARTICLE 2- ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville 00500 Agreement 00500 - 1 INS U 9 A N CE More mono Promise 5500 Euper Lane Pb Box 3529 Ft. Smith, AR 72913 (479} 452-4000 www.bhca.com Bid Bond KNOW ALL MEN AY THESE PRESENTS. that we (Here insert full name and address or Legal title of Coniracrar) Tomlinson Asphalt Company, Inc. 1411 W. Van Asche Dr. Fayetteville, AR 72704 as Principal, hereinafter called the Principal, and (Here insert ful Hume nail address or legai title. of Surety) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, arc held and firmly bound unto (Nero insert full name and address or legal title of Owner) 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 Dollars ($ 5% ), for the payment of which ount well and truly to be race, the said Principal and the said Surety, bind oursolves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Lake Fayetteville Trailhead Parking Lot (Here insert full 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 Ohligee in acenrdanre 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 surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give 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 perf'onn 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 21st day of August 2015 Tomlinso Asphalt Compa y, Inc. (Witnzess) Trav rs asu and Surety Company of America ( irer� (Witnears) (Seal) Scott R. Clark , Attorney -In -Fact AlA Document A31 Q ' —1970. Copyright O 1983 and 1970 by Tne American tnsiituta of Architects. OF RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 229662 Certificate No. 0 0 6 2 7 9 1 2 5 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Larry R. Clark, Janice A. Butler, Marty C. Clark, Scott R. Clark, Shannon C. Schrnidly, Elizabeth A. Solomon, Sarah K. Day, and Scott L. Taylor of the City of Fort Smith , State of Arkansas , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this July 2015 day of Farmington Casualty Company Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 9th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GASH^� 02�y�'� r}L (�� bt �p T •0RPpR' y}i .r ��"� u Gqw I/ ,� 3 - �o n a 91CORPOtlA$0 aft e�Fs� rvfp4A4onArf �n5 m a r7 W�ItFCE'�, 4 v 1982 O '� i9]� m; ;"'i ;f ••._ .na FiARTFOHo, 9896 r z S s y 1951. H �J ;��tl I�OJ X76 SRIa%p s y coNN. ;b Gorsv. �r rpt Y4y"afy�(F1�{D TN �`ANC'ar'0 aJSAN js�..raa - 661 8+' . '�c�' ATstd� State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 9th day of July 2015 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �,TlT In Witness Whereof, I hereunto set my hand and official seal. My. Commission expires the 30th day of June, 2016. O $ `('C1 can e . Z Marie C. Tetreault, Notary Public 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies ;:which; s in foil force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 21St day of August 20 kS . I" Kevin E. Hughes, Assistant Sec tary P ASU,�C , ' H4 i1W Y �$ rF F�4 �f [l � '..,yn�aLitEa Y rZ�AY0R�JF m �?�;cARpGAgtF inn a 9� w i 9 $ Zk a z �=c�'�` t ��a �y y �. .� 1`• UFAHCE AS,iw S....� . Ir �! F,�V • lily+� To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com, Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. ,max r y� Tomlinson Asphalt Co Inc ITEM DESCRIPTION Est Qty Unit PRICE PER UNIT TOTAL 1 Mobilization (Not to exceed 5% of total bid) 1 LS x $ 9,356.00 = $ 9,356.00 2 Trench & Excavation Safety Systems 1 LS x $ 100.00 = $ 100.00 3 Clearing, Grubbing, & Demo 1 LS x $ 14,977.00 = $ 14,977.00 4 Unclassified Excavation (Plan Quantity) 157 CY x $ 19.04 = $ 2,989.28 5 Embankment (Plan Quantity) 2,709 CY x $ 18.56 = $ 50,279.04 6 Subgrade Preparation (Plan Quantity) 2,554 SY x $ 6.16 = $ 15,732.64 7 4" Topsoil 2,250 SY X $ 4.08 = $ 9,180.00 8 Undercut and Stone Backfill 100 CY X $ 60.00 = $ 6,000.00 9 18" RCP 45 LF x $ 80.00 = $ 3,600.00 10 118" FES w/Precast Curtain Wall 3 EA x $ 1,240.00 = $ 3,720,00 11 24" RCP 15 LF x $ 90.00 = $ 1,350.00 12 24" FES w/ Precast Curtain Wall 2 EA x $ 1,580.00 = $ 3,160.00 13 5' x 8" RCP w/curb 1 LS x $ 4,185.00 W $ 4,185.00 14 4' x 4' Outlet Structure 1 LS x $ 4,395.00 = $ 4,395.00 15 Rip Rap with Filter Blanket (1' depth) 3 CY x $ 430.00 = $ 1,290.00 16 (6") ABC Class 7 2,600 SY x $ 8.66 = $ 22,516.00 17 (4") ABC Class 7 215 SY x $ 9.30 = $ 1,999.50 18 Prime Coat 330 GAL x $ 3.79 = $ 1,250.70 19 1(3") ACHM Surface Course 2,200 SY x $ 15.92 = $ 35,024.00 20 Standard Curb and Gutter 2,000 LF x $ 16.50 = $ 33,000.00 21 Modified Curb 30 LF x $ 30.00 = $ 900.00 22 Flush Curb 200 LF x $ 14.50 = $ 2,900.00 23 (4") Concrete Sidewalk 215 SY x $ 42.80 = $ 9,202.00 24 Seeding and Mulch 2,550 SY x $ 0.85 = $ 2,167.50 25 (4") White Painted Stripe 750 LF x $ 1.15 = $ 862.50 26 Painted Handicap Symbol 2 EA x $ 105.00 = $ 210.00 27 Scooter/Motorcycle Sign w/Support 1 EA x $ 163.00 = $ 163.00 28 Handicap Sign w/Support 1 EA x $ 163.00 = $ 163.00 29 Erosion Control 1 LS x $ 6,730.00 = $ 6,730.00 30 Handicap Ramps 10 SY x $ 75.00 = $ 750.00 31 Tree Protection Fencing 400 LF x $ 6.13 = $ 2,452.00 32 Inverted U -Shaped Bike Rack 2 EA x $ 375.00 = $ 750.00 DEDUCTIVE ALTERNATE #1 19 (3") ACHM Surface Course 2,20O SY x $ 14.00 = $ 30,800.00 TOTAL AMOUNT BID (ALTERNATE #1) $ 30,800.00 *NOTICE: Bid award is contingent upon vendor meeting minimum specifications and CERTIFI -2I- (c , Purchasing Manager WI` ness I Date \bcH2 ?O1 &-tttp Bond #106355098 DOCUMENT 00610 — PERFORMANCE BOND: KNOW ALL MEN BY THESE PRESENT'S: that IllIllIIIIIIIlI1111Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Doc ID: 016506120009 Type: LIE Tomlinson AS halt Company, InC. Kind: PERFORMANCE BOND pRecorded: 10/19/2015 at 08:31:47 AM ,Fee Amt: $55.00 Pape 1 of 9 Washington County, AR 1411 W. Van Asche Dr. Kyle Sylvester Circuit Clerk Fayetteville, AR 72704 FileBO33-00000530 as Principal, hereinafter called Contractor, and Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the amount of THREE NUNDRED o inUSMD-J coHUNDRED ONE AND 16/100IHS 1 Dollars ($ S3oL201.16 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated September, 16th, 2015 , entered into a contract with Owner for construction of the Lake Fayetteville Trailhead Parking Lot which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations, thereunder, the Surety may promptly remedy the default, or shall promptly: 006!0 -Performance Bond.doc 00610— 1 „°.r DOCUMENT 00610 — PERFORMANCE BOND: (continued). A. Complete the Contract in accordance with its terms and conditions, or: B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion.arranged under.this paragraph) sufficient funds to pay the. cost of completion less the balance of the Contract Price; but not exceeding, including other; costs and damages for which the Surety may be liable hereunder, the amount set forth in thel first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No right of action -shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators, or successors of the Owner. Signed and sealed this 2nd day of October 2[)15 CONTRACTOR Tomlinson Asphalt Company, Inc. (CORPORATE SEAL) a• Qom,. Q Q V., c : CO 00610 -Performance Bond.doc 00610— 2 DOCUMENT 00610 — PERFORMANCE BOND: (continued) .. SURETY - . COUNTERSIGNED: Resident Agent State of Arkansas Travelers Casualty and Surety Company of America - By B y Elizabe A. Solomon, Attorney -in -Fact . . Elizab A. Solomon ATTORNEY -NI FACT (CORPORATE SEAL) . I • (This Bond shall be accompanied with - Attorney -in -Fact's authority from Surety) Approved as to.Form: Attorney for City of Fayetteville END OF DOCUMENT 00510 00610 -Performance Bond.doc 00610— 3 OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 229062 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 006462066 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Larry R. Clark. Janice A. Butler. Marty C. Clark. Scull l . Clark. Shannon C. Schmid ly. Elizabeth A. Sohmu in. Sarah K. I)ay. and Scolt L. Taylor of the City of Fort Smith . State of Arkansas , their true and lawful Anorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 2i�th day of August 21) 15 Farmington Casualty Company, jO 9 St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance'Compony.O Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Si. Paul Guardian Insurance Company G�SV.4f} r #T\ 4 O ,4+ IN7Vq� +,f•tiSY ENO•-�rrr x t 7�$� �t.SEAL on ,t •o gNri. n oohs +t N 18S6 .7 by ''�+ � � �°�{ANCt �� V S.. �µ �I O� • r'�� ref M�� • � � AN'Sfi • 4 State of Connecticut City of Hartford ss. By: Roben L. Raney, enior Vice President 28th August 2015 On this the day of , before me personally appeared Robert L. Raney. who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company. and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness 1Yhereof, I hereunto set my hand and official seal.' My Commission expires the 30th day of June, 2016. AU8l1G tk Marie C. Tctrcault, Notary Public 58440-8-12 Printed in U.S.A. WARN WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President. any Senior Vice President, any Vice President, any Second Vice President. the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds. recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President. any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, Sc. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compares; which is imfull force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and tiff d the seals of said C mpanics this 2nd day of October .20 15 Kevin E. Hughes, Assistant Sec Lary cGye1.r6_v,U��q�rt , y1;1 S c::4$ 'J�ll�.4ye. IPwf}T it�� X03 IFi a • alt® \~ - Y� }4 a}o�r«P1r ��'a t 9 8 2 o 1 s7i a{- ! m ; � � ttxttrwtm. ' 3 TLL�twt�� K '°°mss i�n � 1951 ��. � rA�nt e��it°° � � To verify the authenticity of this Power of Attorney, call 1-800-42I-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number. the above -named individuals and the details of the bond to which the power is attached. WITHOUT TH E Bond# 106355498 DOCUMENT 00611 •- LABOR MATERIAL PAYMENT BOND: This Bond is issued simultaneously with -Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that Tomlinson Asphalt Company, Inc. •• 1411W:VanAscheDr. Fayetteville, AR 72704. as'Principal, •hereinafter called Contractor, and •. Travelers Casualty, and. Surety Company of'America . ' One Tower Square • Hartford, Cl 06183 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street • Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, for the usc.and benefit of claimants as hereinbelow defined, in the amount Of THREE HUNDRED ONE THOUSAND TWO1IUNDRED ONE AND 16/100THS I Dollars ( $301,201.16 1 for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally; firmly by these presents. WHEREAS, Contractor has by written Agreement gree:nent dated 9116/2015 - entered into a contract with Owner for construction of Lake Fayetteville Trailhead Parking Lot which contract is by reference made a part hereof; and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or 00611- Labor & Matl Payment Boad.dm 00611-1 DOCUMENT 00611 — LABOR AND MATERIAL PAYMENT BOND: (continued) reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that pa#t of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract.. B. The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of 90 days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for'such sum or sums as may be justly due claimant, and have execution thereon. The O*ner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant: Unless claimant other than one having a direct contract with Principal, shall have .given written notice to any two of the following: the Contractor, the Owner, or the Surety within 90 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to Contractor, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, save that such service need not be made by a public officer. 2. After the expiration of one year following the date on which Contractor ceased Work on the Contract, it being understood, however, that if any limitation embodied in this 00611- Labor & Mail Payment Bond.doc 0061.1- 2 DOCUMENT 00611 -- LABOR AND MATERIAL PAYMENT BOND: (continued) . Bond is prohibited by any Law controlling the construction hereof, such limitation • shall be deemed to be. amended so as to be equal to the minimum period of limitation permitted by such Law. 3. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project,'or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. D. The amount of this Bond shall be reduced by and to the e*tent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed o€ record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. Signed and sealed this 2nd day of October, 2015. CONTRACTOR Tomlinson Asphalt Company, Inc. By SURETY Travels Casualty and Surety Company of America By Elizabeth A. Solomon, Attorney -in -Fact COUNTERSIGNED: Resident Agent State of Arkansas By Elizabeth A. Solomon 00611- Labor & Mat] Payment Bond.doc .00611 — 3 DOCUMENT 006 1 —.LABOR ANDJ MATERIAL PAYMENT BOND: (continuer). • CT • - ' . - (CORPORATE SEAL) (This Bond shall be accompanied with Attorney-in-Fact`s authority from Surety) •. (Approved as to Farm Attorney for City of Fayetteville END QF DocuN ' 4T 0Q611 00611- Labor & Marl Paymcnt Hond.doc 00611-4 } INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surely Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Altorney-In Fact No. 229662 Certificate No. 0 0 6 4" 2 0 6 7 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, Si. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc.. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the 'Companies"), and that the Companies do hereby make, constitute and appoint Larry It. Clark. Janice A. Rutter. Marry C. Cla k, Scull R. Clark. Shannon C. Schmidly. Elizaheth A. Solomon, Sarah K. l)ay. and Scull L. Taylor of the City of hurt Smith , State of Arkansas , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or -proceedings allowed by law. 2th IN WIT�? NESS WHEREOF, the Compa i s have caused this instruenta�b gned;and their corporato seals to be hereto affixed, this h day of August I Farmington Casualty Company' —4OV {�'� St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Conipany, , travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company G�SUAi `FIAt 6 �'It t4g + iMiy lFT 'u'O tr y, !y 4 G P ........ of O� IA Wh} �qp-. 't� .y � �4 �1!'``SEALitnF �' r to :1 ziy .� ��+ ti o �SAHGFG v s•�•A� a� f.....' ` +le `V a ► r �+ h11 Aflt State of Connecticut City of Hartford ss. By: Robert L. Rancy, cnior Vice President 28th August 2015 On this the day of ,before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, Si. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. o.ilT� In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. *+ , BL o 58440.8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY Ollu.� . Marie C. Tetreault. Notary Public THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President. any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies; which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and nd affixed the seals of said'ComO panies this 2nd day of ctober 20 rI5 }~ue r //C Kevin E. Hughes, Assistant Sec tary �y5`*[ 4IysG9 JQ : F u�+� rar„>: y PVr Cr � � ( `* sys�t-"TC yD ,191 f _ - r� I i - � n HANiF7aFla. < 1S1 1896 e 1951 � `EAL� To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. IS INVALID OP ID: DP '4`ccRL' CERTIFICATE OF LIABILITY INSURANCE O10102IDDPITIIry 1 QI0212015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Walker Bros. Insurance, Inc. P.O. Box 7570 Springdale, AR 72766-7570 Gene Bennett CONTACT NAME: PHONE I FAX CJ$o.Exik I INC.No): EMAIL E ADDRESS: PROOUCERCUSTOMERID .TOMAS-1 INSURER(S) AFFORDING COVERAGE NIC 0 INSURED Tomlinson Asphalt Co., Inc 1411 W Van Asche Fayetteville, AR 72704 INSURERA:CIndrImMinsuranceCompany INSURER B: Brid efield Casualty -INSURER C: CNA Insurance Co INSURERD: : INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY 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. TYPE OF INSURANCE POLICY NUMBER M M LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERALLWBILITY CLAIMS -MADE ❑X OCCUR X X EPP0078761 05101/2015 05/01/2016 DAMAGETO RENTED PREMISES Eaocunenae s 300,00 MED EXP (Anyone ) S 5,00 X Contractual Uab PERSONAL a ADV INJURY s 1,000,00 GENERAL AGGREGATE S 2,000,00 GEN1- AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGO $ 2,000,00 POLICY X JFCTPRO LOC A AUTOMOBILE UABILnY X ANY AUTO X X EBA0078761 05101/2015 05101/2016 COMBINED SINGLE UMIT (Ea sodden!) $ 1,000,00 BODILY INJURY (Per person) S ALL OWNED AUTOS BODILY INJURY (Per aoddenI) $ SCHEDULED AUTOS X HIRED AUTOS PROPERTY DAMAGE (PER ACCIDENT) E X NON -OWNED AUTOS S S X UMBRELLA UAB FI X OCCUR EACH OCCURRENCE S 6,000,00 AGGREGATE = 5,000,00 A EXCESS LIAR CLAIMS -MADE X X EPP007B761 05101/2015 05101/2016 DEDUCTIBLE S X S RETENTION 5 10000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y! N ANPROPRIETOR/PARERUEXECU nVE Y TN OFFICER/MEMBER EXCLUDED? ❑ (Mandarwy In NH) lives. describe under DESCRIPTION OF OPERATIONS below N 1 A X 019634596 0510112015 05101/2016 X I WC STATU• 1 Icp EL EACH ACCIDENT $ 1,000,00 I.L. DISEASE - EA EMPLOYE $ 1,000,00 EL DISEASE - POLICY LIMIT S 1,000,001 C Leased/Rented 6014010117 05!0112015 05/01/2016 Limit 275,001 Equipment Deducti 1,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES lAttach ACORD 101, Additional Remarks Schedule, II more space is required) Project: Lake Fayetteville Trailhead Parking Lot City of Fayetteville, Engineer, Engineer's Consultants officers, directors, partners, employees, agents and other consultants IS subcontractors are named as additional insureds with respect to the General Liability, per form GA233 02/07, attached, and on the (See Nctes) CERTIFICATE HOLDER CANCELLATION C ITYFAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville AUTHORIZEDREPRESENTATI E 113 W. Mountain St. Fayetteville, AR 72701..rs © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE CITYFAI TOMAS-1 PAGE 2 INSUREOSHMME Tomlinson Asphalt Co., Inc OP ID: DP Date 1 010 212 01 Auto Liability and Umbrella Liability. Coverage is primary and non- contributory. A Waiver of Subrogation in favor of additional insureds on the General Liability, Auto Liability, Umbrella and Workers Compensation. 30 Days notice of Cancellation, 10 Days for Non -Payment of Premium, will e provided. OP ID: DP INSURANCE BINDER GATE (MM/DDNY ' THIS BINDER IS A TEMPORARY INSURANCE CONTRACT. SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. AGENCY COMPANY BINDER / 7734 Walker Bros. Insurance, Inc. Cincinnati Insurance Co. P.O. Box 7570 DATE EFFECTIVE TIME EXPIRATION M E pringdale, AR 72766-7570 X �, X 12ro} Gene Bennett I 10102115 12:01 PM 10102/16 NOON AIL No Ert FAX : 479-306-4677 pIC No: 479.306-5110 THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLCY S. BD CODE: 03016 I SUB CODE: CUSTOMER D• TOMAS-1 DESCRIPTION OF OPERATTONSNEHICLESIPROPERTY (Including Localton} Project: Lake Fayetteville Trailhead INSURED City of Fayetteville & Matt Casey, City Engineer Parking Lot. Contractor: Tomlinson Asphalt 113 W Mountain St Co., Inc. Fayetteville AR 72701 COVERAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS % AMOUNT PROPERTY CAUSES OF LOSS BASIC ❑ BROAD a SPEC GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE [] OCCUR X OWNERS & CONTRACTORS PROTECTIVE LIABILITY RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE S 100000 RENTED PREMISES S MED EXP (Any ane person) $ PERSONAL d ADV INJURY $ GENERAL AGGREGATE S 200000 PRODUCTS - COMP/OP AGO $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE OMIT S BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE S MEDICAL PAYMENTS $ PERSONAL INJURY PROT S UNINSURED MOTORIST S i AUTO PHYSICAL DAMAGE DEDUCTIBLE COLLISION: OTHER THAN COL: ALL VEHICLES Li SCHEDULED VEHICLES ACTUAL CASH VALUE S STATED AMOUNT OTHER GARAGE UABRJTY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY; EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ AGGREGATE S SELF -INSURED RETENTION S WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY WC STATUTORY LIMITS EL EACH ACCIDENT S EL DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT $ SPECIAL CONDITIONSS OTHER COVERAGES FEES $ TAXES S ESTIMATED TOTAL PREMIUM S NAME & ADDRESS MORTGAGEE LOSS PAYEE ADOrnONALINSURED LOAN a AUTHORIZED REPRESENTATIVE ACORD 75 (2004109) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE ©ACORD CORPORATION 1993-2004 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.................................................................................................. 2 2. Unintentional Failure to Disclose Hazards.......................................................................................... 7 3. Damage to Premises Rented to You................................................................................................... 8 4. Supplementary Payments ........................... ...... 9 5. Medical Payments................................................................................................................................ 9 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control LiabilityCoverage (Coverage b.)......................................................................................................... 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations..................................................10 8. Waiver of Subrogation.......................................................................................................................10 9. Automatic Additional Insured - Specified Relationships:................................................................ 10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions - Permits Relating to Premises; • State or Political Subdivisions - Permits; and • Contractors' Operations 10. Broadened Contractual Liability - Work Within 50' of Railroad Property ......................................... 14 11. Property Damage to Borrowed Equipment....................................................................................... 14 12. Employees as Insureds - Specified Health Care Services:............................................................ 14 • Nurses; • Emergency Medical Technicians; and • Paramedics 13. Broadened Notice of Occurrence...................................................................................................... 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (b) Payroll (For Limits in Excess of (For Limits in Excess of $5,000) $5,000) (c) Gross Sales (d) Units e Other b. Care, Custody $ or Control TOTAL ANNUAL PREMIUM 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- plicable limit of insur- 1. Employee Benefit Liability Coverage ance in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay - obligated to pay as dam- ments. ages caused by any act, er- ror or omission of the in- (b) This insurance applies to sured, or of any other per- damages only if the act, er- son for whose acts the in- ror or omission, is negli- sured is legally liable, to„ gently committed in the which this insurance ap- administration of your "employee benefit pro - plies. We will have the right gram"; and and duty to defend the in- sured against any "suit" 1) Occurs during the p01 - seeking those damages, icy period; or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or "suit". on claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be ou as described in SEC- to have III - LIMITS OF knowledge of a INSURANCE; and claim or "suit" when any 2) Our right and duty to "authorized repre- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 2 of 15 i) Reports all, or formance of investment any part, of the vehicles; or act, error or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision to participate or not to ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because caue eWorkers' of the act, r- (f) Compensation p ror or omis- and Similar Laws sion; and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ante, any workers' compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- rity or disability benefits law This insurance does not apply or any similar law. to: (g) ERISA (a) Bodily Injury, Property Damage or Personal and Damages for which any in - Advertising Injury sured is liable because of liability imposed on a fiduci- injury", "property "Bodily prop rty ary by the Employee Re - damage" or "personal and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason - including the willful or reck- able effort and cooperation less violation of any statute, of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (1) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer, including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under {j) Employment -Related any plan included in the Practices "employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment ! Ad- vice Given With Respect (2) Termination of em - to Participation ployment; Any claim based upon: (3) Coercion, demotion, 1) Failure of any invest- evaluation, reassign - ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 3 of 15 ment-related practices, acts or omissions; or (4) Consequential liability as a result of (1), (2) or (3) above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) Supplementary Payments SECTION I - COVERAGES, SUPPLEMENTARY PAY- MENTS - COVERAGES A AND B also apply to this Coverage. b. Who is an Insured As respects Employee Benefit Liabil- ity Coverage, SECTION II - WHO IS AN INSURED is "deleted in its en- tirety and replaced by the following: (1) If you are designated in the Declarations as: (a) An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. (b) A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business. (e) A trust, you are an insured. Your trustees are also in- sureds, but only with re- spect to their duties as trustees. (2) Each of the following is also an insured: (a) Each of your "employees" who is or was authorized to administer your "employee benefit program". (b) Any persons, organizations or "employees" having proper temporary authori- zation to administer your "employee benefit program" if you die, but only until your legal representative is ap- pointed. (c) Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and du- ties under this Coverage Part. (3) Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no other similar insurance applies to that organization. However, cover- age under this provision: (a) Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac - but only with respect to the quired or formed the or - conduct of your business. ganization. Your managers are in- sureds, but only with re- c. Limits of Insurance spect to their duties as your As respects Employee Benefit Liabil- managers. ity Coverage, SECTION III - LIMITS (d) An organization other than OF INSURANCE is deleted in its en - a partnership, joint venture tirety and replaced by the following: or limited liability company, (1) The Limits of Insurance shown you are an insured. Your in Section B. Limits of Insur- "executive officers" and di- ance, 1. Employee Benefit Li - rectors are insureds, but ability Coverage and the rules only with respect to their below fix the most we will pay duties as your officers or di- regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations applies to all damages (c) Persons or organizations sustained by any one "em - making claims or bringing "suits"; ployee", including such "employee's" dependents (d) Acts, errors or omissions; or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram. (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability Coverage of this endorsement 1) Our right and duty to is the most we will pay for all defend the insured "suits" damages because of acts, er- against any rors or omissions negligently "administra- seeking those dam- ages; and committed in the tion" of your "employee benefit 2) Your duties, and the program". duties of any other in- (3) Subject to the limit described in volved insured, in the event of an act, error or (2) above, the Each Employee omission, or claim, Limit shown in Section B. Limits of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "suit" and, upon notification of the action (a) An act, error or omission; or taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as we have paid. less of the amount of time that lapses between such d. Additional Conditions acts, errors or omissions, As respects Employee Benefit Li - negligently, committed in the ability Coverage, SECTION IV - "administration" of your "em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan included in the "em- ployee benefit program". 2. Duties in the Event of an Act, Error or Omission, or Claim or Suit (4) Deductible Amount a Our obligation to pay dam- (a) 9 a. You must see to it that we are noti- fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no - amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam - this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the daim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, sum- monses or legal papers re- ceived in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investi- gation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organiza- tion which may be liable to the insured because of an act, error or omission to which this insur- ance may also apply. d. No insured will, except at that in- sured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our con- sent. (2) Item 5. Other Insurance is de- leted in its entirety and replaced by the following: 5. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is pri- mary except when c. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in b. below. b. Method of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this method also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of in- surance to the total ap- plicable limits of insur- ance of all insurers. c. No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery un- der any other insur- ance in force previous to the effective date of this Coverage Part. e. Additional Definitions As respects Employee Benefit Li- ability Coverage, SECTION V - DEFINITIONS is amended as fol- lows: (1) The following definitions are added: 1. "Administration" means: a. Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs"; b. Interpreting the "em- ployee benefit pro- grams"; c. Handling records in connection with the "employee benefit pro- grams"; or d. Effecting, continuing or terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 6 of 15 in any benefit included benefits, workers' corn - in the "employee bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- a. Handling payroll de- grams; leave of ab- in- ductions; or sence programs, cluding military, mater - b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transpor- coverage of insurance, tation and health club including but not limited subsidies. to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re - benefits, workers' corn- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro- 2. "Cafeteria means plans"damages ceeding in which money because of an plan authorized by applica- act, error or omission to ble law to allow "employ- which this insurance applies ees" to elect to pay for cer- are alleged. "Suit" includes: tain benefits with pre-tax dollars. a. An arbitration pro- ceeding in which such 3. "Employee benefit pro- damages are claimed grams" means a program and to which the in - providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a "cafeteria plan" or otherwise: b. Any other alternative a. Group life insurance; dispute resolution pro - ceeding in which such group accident or damages are claimed health insurance; den- and to which the in- tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per - such benefits are made son actively employed, for - generally available to merly employed, on leave those "employees" who of absence or disabled, or satisfy the plan's eligi- retired. "Employee" in- bility requirements; cludes a "leased worker". "Employee" does not in - b. Profit sharing plans, clude a "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock subscription plans, SECTION IV- COMMERCIAL GENERAL provided that no one LIABILITY CONDITIONS, 7. Represen- other than an "em- tations is hereby amended by the addi- ployee" may subscribe tion of the following: to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, a. The last Subparagraph of Paragraph por ex - panssinon; or 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or secretions, Exclusions c. through do not apply g q� pp y , ro- sects, birds, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow- b. The insurance provided under SEC- ing: TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move - to "property damage" arising out of ment; water damage to premises that are both rented to and occupied by you. 2) Water that backs up or overflows from a (1) As respects Water Damage Le- sewer, drain or sump; gal Liability, as provided in Paragraph 3.b. above: 3) Water under the ground surface press - The exclusions under SECTION ing on, or flowing or I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Exclusions, other than i, walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not; or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract; or from water that leaks or flows from plumbing, heat - 2) Loss caused by or re- ing, air conditioning, or fire sulting from any of the protection systems caused following: by or resulting from freez- ing, unless: a) Wear and tear; b) Rust, corrosion, 1) You did your best to maintain heat in the fungus, decay, building or structure; or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main - age or destroy it- tained. self; (d) Loss to or damage to: c) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro - breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances; or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 8 of 15 caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6. of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of any one "occurrence" to which this insurance ap- plies. (3) The amount we will pay is lim- ited as described in Section B. Limits of Insurance, 3. Dam- age to Premises Rented to You of this endorsement. 4. Supplementary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- dorsement per day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of op- erations incidental to the insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession. With your consent, we will make these payments regardless of fault. b. Care, Custody or Control Liability Coverage SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage to Property, Subparagraphs (3), (4) and (5) do not apply to "property damage" to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a. The Limits of Insurance shown in the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one "occurrence" regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations mak- ing claims or bringing "suits". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 9 of 15 b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are in ex- cess of the deductible amount stated in Section B. Limits of Insurance, 6. Voluntary Prop- erty Damage and Care, Cus- tody or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (2) Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit, applies to each claim or "suit" irrespective of the amount. (3) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION II - WHO IS AN INSURED is amended as follows: Subparagraph a. of Paragraph 4, is hereby deleted and replaced by the fol- lowing: a. Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 8. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your on- going operations or "your work" done un- der a written contract requiring such waiver with that person or organization and induded in the "products -completed operations hazard". However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. 9. Automatic Additional Insured - Speci- fied Relationships a. The following is hereby added to SECTION II- WHO IS AN INSURED: (1) Any person or organization de- scribed in Paragraph 9.a.(2) below (hereinafter referred to as additional insured) whom you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certificate of insurance showing that per- son or organization as an additional insured has been issued, is an insured, provided: (a) The written or oral contract or agreement is: 1) Currently in effect or becomes effective during the policy pe- riod; and 2) Executed prior to an "occurrence" or offense to which this insurance would apply; and (b) They are not specifically named as an additional in- sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2) Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a) The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1) above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This insurance does not apply to: 1) Any "occurrence" which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises. chemical change 2) Structural alterations, in the product made intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un- half of such additional less unpacked insured, solely for the pur- pose of inspection, b Any person or organization ( ) g demonstration, from which you lease testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in - 9.a.(1) above to provide in- structions from the surance. Such person(s) or manufacturer, and organization(s) are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust - However, this insurance ments, tests or does not apply to any "oc- servicing as the currence" which takes place vendor has after the equipment lease agreed to make or expires. normally under- c Any person or organization ( ) g takes to make in the usual course (referred to below as ven- of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.(1) above to provide in- sale of the prod- surance, but only with re- ucts; spect to "bodily injury" or "property damage" arising f) Demonstration, in - out of "your products" which stallation, servic- are distributed or sold in the ing or repair op - regular course of the ven- erations, except does business, subject to such operations the following additional ex- performed at the clusions: vendor's premises in connection with 1) The insurance afforded the sale of the the vendor does not product; apply to: g) Products which, a) Bodily injury or y 1 ry" after distribution or "property damage" sale by you, have for which the ven- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of liabil- of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in - vendor would sured person or or - have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc„ with its permission. Page 11 of 15 companying or 2) This insurance does containing such not apply to "bodily in - products; or jury", "property dam- b) When liability in- age" or "personal and advertising injury" aris- cluded within the ing out of operations products- performed for the state completed opera- or political subdivision. tions hazard" has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to li- ability arising out of "your (d) Any state or political subdi- work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex - issued a permit in connec- piration date of this Cover- tion with premises you own, age Part. If there is no rent or control and to which written contract or agree - this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, additional insured designated under Paragraph 9.a.(2): sidewalk vaults, street banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sores; or injury" or "property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucts-completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenants, or use of any"property (e) and (f) does not apply to "bodily covered by injury", "personal this insurance, damage" or and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per - you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has 1) Defects in design fur - issued a permit. nished by or on behalf GA 233 02 07 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 15 of the additional in- spects any other insurance sured; or policy issued to the addi- tional insured, and such 2) The rendering of, or other insurance policy shall failure to render, any be excess and / or noncon- professional architec- tributing, whichever applies, tural, engineering or with this insurance. surveying services, in- cluding: (b) Any insurance provided by this endorsement shall be a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5, Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities. tional insured as an additional insured by 3) "Your work" for which a attachment of an en - consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. in such case, manager or owner of the coverage provided the construction project under this endorse - in which you are in- ment shall also be ex- volved. cess. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or Agreement The limits applicable to the additional insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para - the Declarations of this Coverage graph 9.a.(2)(f) above only: Part, whichever are less. If no limits are specified in the written contract If a written contract or or agreement, or if there is no written agreement between you contract or agreement, the limits ap- and the additional insured plicable to the additional insured are specifies that coverage for those specified in the Declarations of the additional insured: this Coverage Part The limits of in- a. Be provided by the In- surance are inclusive of and not in surance Services Of - addition to the limits of insurance fice additional insured shown in the Declarations, form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified); or hereby amended as follows: b. Include coverage for (1) Condition 5. Other Insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for contract or agreement, this "your work"; insurance is primary and 1 and where the limits or cov- or noncontributory as re- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 13 of 15 tional insured is more re- strictive than was specifi- cally required in that written contract or agreement, the terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. above, or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- rnent is attached. If, how- ever, the written contract or agreement specifies the In- surance Services Office additional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a) and 9.a.(3)(b) of this endorsement shall not apply and Paragraph 9.b. of this endorsement shall ap- ply. 10. Broadened Contractual Liability - Work Within 50' of Railroad Property It is hereby agreed that Paragraph f.(1) of Definition 12. "Insured contract" (SEC- TION V - DEFINITIONS) is deleted. 11. Property Damage to Borrowed Equip- ment a. The following is hereby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b. With respect to the insurance pro- vided by this section of the en- dorsement, the following additional provisions apply: (1) The Limits of insurance shown in the Declarations are replaced by the limits designated in Sec- tion B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this endorsement. These limits are inclusive of and not in addition to the limits being replaced. The Limits of Insurance shown in Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay in any one "oc- currence" regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B. Limits of Insur- ance, 11. of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1)(d) of SECTION II - WHO IS AN INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced by the following: a. You must see to it that we are noti- fied as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 15 of 15 Matt Casey Submitted By City of Fayetteville Staff Review Form 2015-0503 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item I�eC1�11pnd �nS�lki� c;ng�r€ rt�alet�Als �eshti� S�uie.� Engineering / 10/20/2015 Development Services Department _ Submitted Date Division/ Department Action Recommendation: Approval of the agreement with McClelland Consulting Engineers, Inc. to provide construction materials testing services for theLake Fayetteville Trailhead Parking Lot Project. Budget Impact: 4470.9470.5814.05 4470 - Sales Tax Capital Improvements Account Number Fund 15016.1 Lake Fayetteville Trailhead (BG5O) Project Number Project Title Budgeted Item? Yes Current Budget $ 332,512.00 Funds Obligated $ 301,201.16 Current Balance $ 32,310. Does item have a cost? Yes Item Cost $ 4,290.00 Budget Adjustment Attached? No Budget Adjustment # Remaining Budget $ 27,020.w4 V20140710 Previous Ordinance or Resolution # 159-15 Original Contract Number: Approval Date: J DIU Comments: CITY OF a '�t• tVi1e STAFF MEMO ARKANSAS TO: Mayor and City Council THRU: Don Marr, Chief of Staff } Jeremy Pate, Development Services Director Chris Brown, City Engineer FROM: Matt Casey, Engineering Design Manager DATE: October 20, 2015 SUBJECT: Construction Materials Testing Agreement for Lake Fayetteville Trailhead Parking Lot Project RECOMMENDATION: Staff recommends approval of the agreement with McClelland Consulting Engineers, Inc. to provide construction materials testing services for the Lake Fayetteville Trailhead Parking Lot Project. BACKGROUND: Trail use at Lake Fayetteville has increased significantly with the completion of the paved trail loop around the lake and the Razorback Regional Greenway along the north side. Trail access from the east side of Lake Fayetteville is currently limited to the Botanical Gardens of the Ozarks parking lot which can often fill to capacity. In the 2015 budget, the City Council approved an individual CIP project to address the growing need for additional parking. The trailhead will include 40 standard parking spots incorporating low impact development features and a connection to the Lake Fayetteville Trail. On August 27, 2015, the City Council awarded the construction contract to Tomlinson Asphalt Co., Inc. The contractor is scheduled to begin construction the last week of October 2015. DISCUSSION: As part of the construction for the project, the City must hire a testing laboratory to perform quality control testing for the project. The testing includes performing density tests on the soil and gravel base and testing the strength of the asphalt and concrete. This testing is done to ensure that the materials and the workmanship of the construction are meeting the requirements of the project specifications. Engineering staff has received a proposal from McClelland Consulting Engineers, Inc. to perform these services. The estimated cost for testing services for this project is $4,290.00. BUDGETISTAFF IMPACT: This project is funded by the Capital Improvements Program 15016.1. $190,000 is available in the project. A budget adjustment was approved adding $143,000 to the project from the Sales Tax Capital Fund. Attachments: McClelland Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 McCLELLAND 1810 N. College Avenue P.O. CONSULTING Box 1229 Fayetteville, AR 73703/72702-1229 479-443-2377/Fax 479-443-9241 ENGINEERS, INC, www.mcclelland-engrs.com October 19, 2015 City of Fayetteville Engineering Division 125 W. Mountain Street Fayetteville, Arkansas 72701 ATTN: Mr. Matt Casey RE: Construction Materials Testing Proposal Lake Fayetteville Trailhead Parking Lot Fayetteville, Arkansas Dear Mr. Casey, We are pleased to present our proposal for the construction materials testing relevant to the planned Lake Fayetteville Trailhead Parking Lot project in Fayetteville, Arkansas. The following information is presented for your consideration and is aimed at assisting in the formation of your construction budget. Based on the provided current construction plans and our general understanding of the project, the project scope is to consist of new construction of a paved parking lot on the west side of Highway 265 and south of the Botanical Gardens in Fayetteville, Arkansas. The parking lot project will also consist of the construction of a boiretention area, associated junction and inlet boxes, and new culvert sections, as well as concrete curb and gutter, sidewalk and apron placements. Select fill material (as required) and base course material will also be placed and compacted beneath asphalt and concrete pavement sections. From this project scope, testing is anticipated to Consist of proof roll observation, soil and base density testing, cast -in -place concrete testing, and asphalt testing. To better your understanding of our associated fees, we presented an estimated per -trip price for the services we anticipate providing on this project. The provided per -trip prices assume the following factors: ❖ A certified technician spending thirty (30) minutes onsite for each soil and/or base density testing trip. o Two (2) density tests being conducted each trip :• A geotechnical engineer or engineering technician spending one (1) hour onsite for proof -roll observation of the paved parking area subgrade • A certified technician spending one (1) hour onsite for each cast -in -place concrete testing trip Mr. Matt Casey City of Fayetteville Engineering Division October 19, 2015 Page 2 o One (1) set of five (5) 4" x 8" cylinders being sampled each trip o Additional cylinders and onsite technician time may be required for large monolithic concrete placements exceeding 50 yd3 4- . A certified technician spending two (2) hours onsite for each asphalt sampling trip o A total of three (3) asphalt cores being sampled from asphalt pavement areas We have also assumed that the project duration will be approximately three (3) months. From the assumptions and project details referenced above, we estimated the following per -trip prices and subtotals for each service anticipated being required: Proof -Roll Observation: $200.00 per trip •:• Paved Parking, Sidewalk, and Site Improvement Areas —3 trips ■ Subtotal: $600.00 Soil and Base Density Testing: $120.00 per trip •: Parking Lot Select Fill Material - 5 trips •: Parking Lot Base Course Material - 3 trips •:• Apron and Sidewalk, Select Fill Material - 2 trips Apron and Sidewalk Base Course Material -2 trips • Subtotal: $1,440.00 Cast -in -Place Concrete Testing: $150.00 per trip Concrete Apron — 1 trip •:• Concrete Sidewalks — 3 trips Curbs and Modified Curbs — 3 trips Drainage Structures and Outlet Boxes —2 trips Bicycle Parking Pad - 1 trip • Subtotal: $1,500.00 Concrete Cylinder Pick-up: $50.00 per trip •: A charge for concrete cylinder pick-up will only be applied in the event that it is the sole reason for the site visit on days where no other testing is scheduled. We have assumed that this will be required for approximately one-half of the total concrete placements. • Subtotal: $250.00 Mr. Matt Casey City of Fayetteville Engineering Division Asphalt Testing: October 19, 2015 Page 3 We have assumed that three (3) asphalt cores will be sampled and transported to our laboratory for specific gravity testing at the completion of paving operations. It is our understanding that asphalt rolling patterns and "spot check" densities will be coordinated by the Contractor. We are happy to perform these services for an additional fee to the below Subtotal. ■ Subtotal: $500.00 Based on the assumptions detailed in this proposal, we can provide construction materials testing on this project for an estimated fee of $4,290.00. Our estimated number of trips for each testing service is based on our conversation with you and from experience on projects in the area with similar scope and size. Our fees are directly related to the amount of trips made for each service and time spent onsite. We appreciate the opportunity to submit this proposal for construction materials testing relevant to the Lake Fayetteville Trailhead Parking Lot project in Fayetteville, Arkansas. Please contact us with any questions or concerns that you might have regarding the information contained in this proposal. Sincerely, Steven J. Head, PE Geotechnical Engineer McClelland Consulting Engineers, Inc. is hereby authorized to proceed in accordance with the foregoing proposal. .���'C\ f Q1EL Name Title Date City of Fayetteville - Purchase Order Request (PO) Requisition o: ate: 1012 312 01 5 (Note Purchase Order) P.O Number: All PO Requests shall be scanned to the Purchasing email: Purchasing@fayetteville-ar.gov. Purchase shall not be made until an actual PO has been issued. Vendor Vendor Mail Legistar#: 7460 #: Name: McClelland Consulting Engineers, Inc. p rrs ❑ xx - 2015-0503 FOB Point: Taxable Address: P.O. Box 1229 p.ES pwo Expected Delivery Date: Zip Code: Ship to code: Quotes Attached City: Fayetteville AR 72702-1229 ❑ rss ❑ xo Requesters Employee #: Extension: equester: Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Number Project.Sub# Inventory # Fixed Asset # 1 Construction Testing for Lake 1 4,290.00 $4,290.00 4470.9470.5814.05 15015.1 Fayetteville Trallhead 2 $0.00 3 $0.00 4 $0.00 5 $0.00 6 $0.00 7 $0.00 8 $0.00 9 $0.00 10 $0.00 • Shipping/Handling Lot $0.00 Special ns ruc ions: Subtotal: $4,290.00 Tax: $0.00 Total: $4,290.00 Approvals: Mayor: Department Director: Purchasing Manager: Chief Financial Officer: Budget Director: IT Director: Dispatch Manager: Utilities Manager: Other: Nessea i¢irtuvs