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HomeMy WebLinkAbout2018-06-18 - Agendas - FinalFayetteville Advertising and Promotion Commission June 18, 2018 2:00 p.m. Location: Experience Fayetteville, 21 S Block Ave, Fayetteville, AR. Commissioners: Matthew Petty, Chairman; Matt Behrend; Adella Gray; Ching Mong; Robert Rhoads; Chrissy Sanderson; Todd Martin Staff: Molly Rawn, Executive Director Agenda Call to order at 2:00 p.m. II. Old Business A. Approval of May 2018 minutes III. New Business A. Executive Director's Report. A report of activity across all units, and upcoming activity of note. Includes the HMR report. Included in agenda packet. B. Jeannie Hulen, Associate Dean of Fine Arts, Fulbright College, University of Arkansas. Associate Dean Hulen, along with School of Art faculty, utilized the Walker Stone House March 1 - May 30, 2018. Hulen will be sharing highlights of their time in the house. C. Marketing update- Hazel Hernandez, Director of Marketing and Communications. D. Vote: Contract for Fayetteville Town Center Renovation. The Executive Director recommends awarding the Town Center renovation contract to DC Sparks for $95,278.90. Memo included in agenda packet. IV. Agenda Additions. Additions to the agenda may be added upon request from a majority of commissioners I �nr11ruiLLE Fayetteville Advertising and Promotion Commission Minutes from May 2018 Meeting May 21, 2018 Commissioners Present: Matthew Petty, Chair; Matt Behrend; Adella Gray; Robert Rhoads; Ching Mong; Todd Martin; Chrissy Sanderson Staff Present: Molly Rawn, Sally Fisher, Hazel Hernandez Presenters: Steve Clark, Fayetteville Chamber of Commerce; Mike Sells, Sells Agency; Vince Chadick, Quattlebaum, Grooms and Tull I. Call to Order Chairman Matthew Petty called the meeting of the Fayetteville Advertising and Promotion Commission to order on April 16, 2018, at 2:00 p.m. II. Old Business A. Chairman Petty asked for approval of the April 2018 minutes. Commissioner Robert Rhoads moved to accept the minutes as presented. His motion was seconded by Commissioner Adella Gray. The motion was approved. III. New Business A. Fayetteville Chamber of Commerce President, Steve Clark, was present as a guest at the Commission meeting. 1. He was there to commend Experience Fayetteville, Fayetteville Parks & Rec and Bentonville Parks & Rec on their efforts on securing the Kessler Mountain Jam, a mountain biking race and event that is part of the Arkansas Mountain Biking Championship Series. 2. He noted the role cycling has played in Northwest Arkansas's economic development. 3. He stated that on a trip to Tel -Aviv Israel, he met a gentleman at a meeting who commented on our bike trails in NWA. B. HMR Report 1. Executive Director Molly Rawn presented the HMR information for April collections (March activity), noting that we experienced the largest jump in year-to-year revenue comparison to date. 2. This is the second month we have been receiving revenue from AirBnb. C. Mike Sells of The Sells Agency presented the March and April marketing reports. 1. The website saw a decrease of 28% in overall users from January through April. It started to increase and May 1-15 showed a +102% increase in overall users compared to 2017. 2. Mike reported that website traffic from within Fayetteville is down. This is likely correlated to the modification of the calendar of events. The previous calendar of events became a community calendar which didn't speak to the visitors coming to the area and that was adjusted with the rebrand of the new website. Although Fayetteville traffic was down, Arkansas traffic overall increased. 3. The spring pre -roll ran in Central Arkansas, Dallas-Ft.Worth, Oklahoma City, Tulsa and Kansas City. 4. The Visitors Guide page traffic is up by 27%. D. Walker Stone House 1. Renovations are mainly scheduled for the downstairs and building exterior, including the addition of an ADA bathroom and ADA entrance 2. Working with Aaron Ruby, the invitation to bid on construction will go out at the end of May; construction could hopefully begin by the end of June. 2. A Preliminary Report from the Walker Stone House Committee was presented 3. Commissioner Gray asked about landscaping. ED Rawn said that we could eventually send an RFP for landscaping, but that in the meantime, we are doing routine mowing of the property. E. Proposed By -Law Changes 1. Commissioner Rhoads stated that some of the recommended changes are more than just cosmetic. 2. The current By -Laws state that a 2/3 majority is required to change the by-laws; the proposed changes call for a simple majority. Both Commissioner Rhoads and Commissioner Todd Martin feel we should maintain a "super" or 2/3 majority. 3. The procedure for dealing with FOIA requests needs to be better defined, such as explicitly stating that they be dealt with as quickly as possible. 4. Guidelines for publishing the financials need to be developed. Attorney Vince Chadick mentioned that these need not be a part of the by-laws, but can be part of written policies 5. Rawn noted that formalized, financial policies are needed and that is in her plans this year. She noted that the previous by-law recommendation to "use the city's policies as a guide" was cumbersome and not practical 6. Chairman Petty stated that it was his expectation that Rawn develop financial policies and that some of that would come as a result of the strategic plan. He said this did not have to be a part of the by-laws, but could be considered a separate issue. 7. Chairman Petty and Commissioner Rhoads asked Chadick to amend the proposed by- laws to retain the required 2/3 majority for by-law changes; expanding upon the commission's commitment to FOIA responsiveness and making it more explicit; and clarifying that the ED would develop commission approved financial policies separate from the by-laws. 8. If these changes are made, the commission is prepared to vote on the new by-laws in June. F. Vote: Strategic Planning provider 1. After reviewing the submissions in response to the RFP, ED Rawn and the strategic planning committee (Hazel Hernandez, Jordan Garcia, Angie Albright, and Chairman Matthew Petty) recommended that we enter into a contract with Milestone Leadership for the coordination of the strategic plan. 2. Chairman Petty said that he is happy with Milestone's proposal. 3. Commissioner Martin made a motion to accept the recommendation to use Milestone Leadership. His motion was seconded by Commissioner Chrissy Sanderson. The motion was approved. G. Resolution to Support Fireworks Display in 2019 1. Commissioner Martin said Fayetteville is missing out by being the only city in the region without a civic pride display with fireworks. He noted that after discussing it with ED Rawn, we can't coordinate one this year but that it should be considered for 2019. 2. Commissioner Mong said he also misses having a fireworks display, noting that it is a good thing for the community. 3. Chairman Petty stressed that the purpose of this was to "establish a general intent" to support a fireworks display in 2019. He does not want to obligate the commission to a specific pathway and wants to leave it open for the staff to explore if we produce it, hire someone to produce it, solicit proposals, etc. 4. Rawn pointed out that while she supported fireworks, committing to fund fireworks would mean a reduction in funding in another area. 5. Commissioner Matt Behrend suggested that we explore finding someone who can present a good display. 6. Commissioner Roads suggested that the commission explore partnering with other city's or organizations for the fireworks. IV. Agenda Additions A. Generally the agenda is kept by the ED and Chairman. B. Chairman Petty stated that anytime a commissioner had an agenda addition, as did commissioner Martin with the fireworks, that they were always welcome to add it by reaching out to him or to ED. C. He said he was generally resistant to calling special meeting, unless it was a true emergency D. If the chair will not call a special meeting, it can be called by any 3 commissioners per the by-laws. E. Chairman Petty reminded the commission to not go around to other commissioners seeking support for a specific vote. Commissioners can ask each other if they will support calling a special meeting to discuss an issue but he was explicit that commissioners should not go around from commissioner to commissioner seeking support. Due to Town Center renovations, the June A&P Commission meeting will be held in the Experience Fayetteville conference room. Chairman Petty adjourned the meeting at 3:24 p.m. Respectfully submitted, Sally Fisher, Finance Director Experience Fayetteville In �nr11ruiLLE Fayetteville Advertising and Promotion Commission Executive Director's Report June 13, 2018 Experience Fayetteville and A&P Commission 1. Beall Barclay completed our annual financial and accounting audit in May. They offered an unqualified "clean" opinion. They will be attending the commission meeting in July to share their findings. 2. In late May, my team spent time at XNA airport welcoming and greeting shareholders as they arrived in Fayetteville. We launched several fun concepts to engage this group and we intend to do even more next year. Our region sees roughly 14,000 people during this time, the majority of whom all stay in Fayetteville. 3. Sports: Fayetteville hosted Weekend of Champions May 13 -15, with 30 high school baseball and soccer teams in town. 4. June 7 was our first First Thursday of the year and was held in conjunction with the Farmers Market and the U.S Pole Vaulting Association, a fall 2017 grant recipient. 5. University of Arkansas's Baum Stadium was one of only five ballparks to host Regionals and Super Regionals and the only one to surpass 80,000 in total attendance. The average attendance was 10,594. All three Super Regional crowds exceeded 11,000. 6. My first meeting with Milestone Leadership to begin scheduling the strategic planning sessions and discuss the structure is set for Tuesday, June 19. 7. 1 will be representing us June 21 and 22 at the inaugural Arkansas Bike Summit in Bentonville. 8. Hazel Hernandez and I will be attending the Destinations International annual convention in Anaheim July 10 -131H 9. 1 have been elected president of the Northwest Arkansas Tourism Association (NATA). EF is a dues -paying member of NATA; we meet every other month with other member cities and make advertising purchases that promote the region. 10. 1 will be serving on the city's committee advising the design of the 12 -acre Cultural Arts Corridor. This is the project for which the city received a 1.77 -million -dollar Design Excellence Grant from the Walton Family Foundation. Walker Stone House 1. On June 2nd, the Moms Demand Action group met on the WSH lawn where Fayetteville mayor, Lioneld Jordan, gave a proclamation against gun violence. 2. A pre-bid meeting for the Walker Stone House renovations was held Tuesday, June 12th. The bid opening is Tuesday, June 19th at 2 p.m. Aaron Ruby of Revival Architecture is overseeing the project and I will be at the bid opening as the owner's representative. Clinton House Museum 1. The First Ladies Garden was a part of this year's Through the Garden Gate Tour, the Flower, Nature and Garden Society of NWA's largest event in the year. This resulted in a total of 235 visits to the home and to the garden on June 9th. 2. The Department of Arkansas Heritage awarded us a Small Museums Operations grant for $2,500 to refinish the floors in several rooms. The award ceremony is Friday June, 29 in Little Rock. 3. New website to launch the week of June 18. 4. Bloom, the annual garden party celebrating the First Ladies Garden will be on Thursday, June 28th. Tickets are $25. 1 would like to see you all attend, especially if you haven't made it to our previous events. Fayetteville Town Center 1. We had to make an emergency purchase of 2 new air units: RU6 and RU7 as well as a new compressor for RU1. We previously believed we could hold off on this purchase until early 2019, but we could not. This resulted in an unplanned capital expenditure of approximately $24,000. The Town Center has adequate cash flow for to accommodate this. You will see it show up on our asset list rather than our income statement. 2. The Peace fountain has been repaired and has now been upgraded to include LED lights. 3. The pump room has been upgraded and we have a new automated system for draining/filling the fountain and maintaining the right chemical balance of the water. 4. We have converted the linen closet into a green room for entertains and brides to enjoy. 5. There is new flooring in the passenger elevators. 6. The staff is settling in to their new offices at 5 West Mountain 7. 1 have recommended a contractor for the TC renovations. Modified Accrual Fayetteville A and P Commission Statement of Budget, Revenue and Expense Year -to -Date @ May 31, 2018 CONSOLIDATED Year -to -Date Actual Budget Income 41000 • Hotel, Motel, Restaurant Taxes 41100 CY HMR Taxes 1,393,190.37 3,481,178 41200 PY HMR Taxes 28,605.29 20,477 Total 41000 • Hotel, Motel, Restaurant Taxes 1,421,795.66 3,501,655 42000 • Rental Income 42100 Facility Rental 227,044.92 618,500 42200 Rental Items 15,422.50 54,000 42300 Alcohol Sales 35,781.14 59,000 42400 Rental Services 21,151.13 38,000 Total 42000 • Rental Income 299,399.69 769,500 43000 • Event Income 43100 1 st Thursday Income 1,120.00 9,000 43200 LOTO Income 0.00 3,600 43400 Other Event Income 1,730.56 5,000 Total 43000 • Event Income 2,850.56 17,600 44000 • Sales 44100 Museum Store Sales 2,675.65 8,500 44200 Visitor Store Sales 44210 Regular Store Sales 8,530.42 12,500 44220 Consignment Sales 1,667.70 5,500 Total 44200 - Visitor Store Sales 10,198.12 18,000 Total 44000 • Sales 12,873.77 26,500 45000 - Parking Revenue 45100 Parking Machine Revenue 4,839.65 7,500 45200 Parking Lease Revenue 4,539.94 18,000 Total 45000 • Parking Revenue 9,379.59 25,500 46000 • Ad Income 46100 Visitor Guide Ad Income 0.00 20,000 46200 Banner Income 1,650.00 4,500 Total 46000 • Ad Income 1,650.00 24,500 47000 - Museum Revenue 47100 Admission Revenue 0.00 500 47200 Donations 1,376.36 20,000 47300 Membership Total 47000 - Museum Revenue 1,376.36 20,500 48000 • Other Revenue 48200 - Other Revenue 197.91 0 Total 48000 • Other Revenue 197.91 0 49000 - Interest and Investment Income 49001 Investment Account Interest 3,814.31 7,200 49002 Checking Account Interest 3,099.85 5,767 Total 49000 • Interest and Investment Income 6,914.16 12,967 Total Income 1,756,437.70 4,398,722 Cost of Goods Sold 1 (1,145.04) Modified Accrual Fayetteville A and P Commission Statement of Budget, Revenue and Expense Year -to -Date @ May 31, 2018 CONSOLIDATED Year -to -Date Actual Budget Gross Profit 1,755,292.66 4,398,722 Expense 50000 - Rental and Event Expenses 51000 • Rental Expenses 51100 Facility Rental Expenses 900.00 500 51200 Linens 12,074.52 31,500 51300 Alcohol & Bar Supply Expenses 51310 Alcohol 11,687.35 28,200 51320 Bar Supply Expenses 1,651.65 1,800 51400 Rental Services 10,733.19 33,000 Total 51000 • Rental Expenses 37,046.71 95,000 52000 • Event Expenses 52100 1st Thursday Expenses 880.64 35,000 52200 LOTO Expenses 0.00 16,500 52400 Other Event Expenses 15,152.76 23,000 Total 52000 • Event Expenses 16,033.40 74,500 53000 • Store purchases 53100 Museum Store Expenses 53110 - Goods for Sale 5,072.58 5,000 53120 - Store Supplies 615.93 500 53200 EF Store Expenses 53210 - Goods for Sale 2,910.26 15,000 53220 - Store Supplies 0.00 3,500 53300 Consignment Expenses 632.20 4,000 Total 53000 - Store purchases 9,230.97 28,000 54000 • Museum Activities 54100 • Program 54110 Group Visits 16.30 250 54130 Honoraria 0.00 500 54140 Other 0.00 5,000 Total 54100 • Program 16.30 5,750 54200 • Exhibit Expenses 5,984.09 5,000 54300 • Fundraising 3,088.00 5,250 Total 54000 • Museum Activities 9,088.39 16,000 55000 • In-kind Donations Cost 151.65 0 Total 50000 • Rental and Event Expenses . 71,551.12 213,500 60000 • Payroll and Related Expenses 61000 • Wages Expense 334,864.89 820,649 62000 • Payroll Tax Expense 62100 Federal (941) Payroll Taxes 23,625.26 62,779 62300 SUTA 5,923.93 1,809 Total 62000 • Payroll Tax Expense 29,549.19 64,588 63000 • Benefits Modified Accrual Fayetteville A and P Commission Statement of Budget, Revenue and Expense Year -to -Date @ May 31, 2018 CONSOLIDATED Year -to -Date Actual Budget 63100 Health and Other Emp Insurance 45,234.67 99,463 63200 Company Ret Contributions 6,475.59 22,632 63300 Car Allowance 1,500.00 3,600 63600 Employee Relations 1,129.10 4,000 Total 63000 • Benefits 54,339.36 129,695.00 64000 • Contract Labor 44,484.00 97,400 65000 • Payroll Processing Fees 2,968.00 8,500 Total 60000 • Payroll and Related Expenses 466,205.44 1,120,832 70000 • Operating Expenses 71000 • Marketing 71100 • Advertising Expense 71110 Agency Advertising 352,275.93 520,000 71120 Non -Agency Advertising 23,478.24 24,000 Total 71100 • Advertising Expense 375,754.17 544,000 71200 • Agency Fees 65,625.00 157,500 71300 • Promotion 71310 Promotion Expenses 34,544.05 109,100 71320 Signage -Tourism 392.36 9,300 71340 - Parks & Rec Promotion 10,000.00 10,000 71350 - Banners 2,120.99 5,100 Total 71300 • Promotion 47,057.40 133,500 71400 • Printing 71410 Visitors Guide Expense 0.00 35,500 71420 Other Brochures 4,094.58 28,000 Total 71400 • Printing 4,094.58 63,500 71500 • Website 9,037.00 19,500 71600 • Mailings 3,000.00 13,000 Total 71000 • Marketing 504,568.15 931,000 72000 • Sales and Development 72100 Promotional Items 3,830.92 12,000 72200 Meals 1,421.90 4,000 72300 Groups 3,138.78 3,885 72400 Sports 4,497.16 11,000 72500 Meetings 4,553.40 8,500 72600 Memberships 21,257.11 26,000 72700 Tourism Development 1,056.19 6,710 72800 Training and Development 6,958.77 22,500 Total 72000 • Sales and Development 46,714.23 94,595.00 73000 • Office and Administrative Exp 73100 • Office Expenses 73110 Office Supplies 6,458.25 11,100 73120 Office Equipment Leases 3,622.89 6,500 73130 Office Equipment Purchases 1 645.01 1 3,000 Modified Accrual Fayetteville A and P Commission Statement of Budget, Revenue and Expense Year -to -Date @ May 31, 2018 CONSOLIDATED Year -to -Date Actual Budget 73140 Subscriptions 179.80 500 Total 73100 • Office Expenses 10,905.95 21,100 73200 -Fees 73210 Bank Service Charges 199.30 150 73220 Credit Card Fees 1,824.95 6,350 Total 73200 • Fees 2,024.25 6,500 73400 • Business Taxes and Licenses 3,828.44 5,100 73500 • Accounting, Audit, & Legal Fees 73510 Accounting Fees 750.00 1,075 73520 Audit Fees 10,700.00 14,190 73530 Legal Fees 2,679.20 6,235 Total 73500 • Accounting, Audit, & Legal Fees 14,129.20 21,500 73700 • Postage and Shipping 484.78 1,750 73900 • Collection Expense 28,964.32 68,940 Total 73000 - Office and Administrative Exp 60,336.94 124,890 74000 • Travel 74100 Lodging 10,592.04 16,397 74200 Mileage 746.30 1,825 74300 Transportation 10,397.39 14,250 74400 Meals Out of Town 2,561.94 4,750 Total 74000 - Travel 24,297.67 37,222 75000 • IT Expenses 75100 Computer Hardware 1,656.20 5,300 75200 Software Purchases and Subs 16,751.21 27,400 75300 IT Support and Consulting 14,932.00 40,000 Total 75000 • IT Expenses 33,339.41 72,700 76000 - Insurance 76100 Insurance - Building & Contents 0.00 14,457 76200 Insurance - W/C 0.00 1,502 Total 76000 • Insurance 0.00 15,959 77000 • Facilities 77100 • Rent 8,375.00 15,300 77200 • Internet/Telephone 13,218.13 30,120 77300 • Utilities 77310 Electric 28,101.79 58,340 77320 Gas 8,247.45 10,884 77330 Water 5,984.97 12,480 Total 77300 • Utilities 42,334.21 81,704.00 77400 • Repairs and Maintenance 56,735.02 264,000 77500 - Janitorial Supplies 11,157.58 19,840 77600 . Maintenance Contracts 15,843.41 39,344 77800 • FFE & Improvements 23,784.21 145,000 Total 77000 • Facilities 171,447.56 595,308 Modified Accrual Fayetteville A and P Commission Statement of Budget, Revenue and Expense Year -to -Date @ May 31, 2018 CONSOLIDATED Year -to -Date COMPARISON OF CURRENT YEAR & PRIOR YEAR Actual Budget Total 70000 • Operating Expenses 840,703.96 1,871,674 80000 • Grants Awarded 3.56% COST OF GOODS SOLD 80100 Current Year Spring 29,850.00 125,000 80200 Prior Year Fall 34,453.79 57,000 80300 TheatreSquared Contribution 100,000.00 200,000 Total 80000 • Grants Awarded 164,303.79 382,000.00 90000 • Other Expenses 90100 Bond Payments 294,713.55 707,000 90300 Future Project Funding 90310 • Future Capital Improvements 0.00 103,716 Total 90300 • Future Project Funding 0.00 103,716 Total 90000 • Other Expenses 294,713.55 810,716 Total Expense 1,837,477.86 4,398,722 Net Income/(Loss) (82,185.20) 0 COMPARISON OF CURRENT YEAR & PRIOR YEAR 2017 2018 % Change TOTAL REVENUE 1,686,695.04 1,753,719.03 3.56% COST OF GOODS SOLD 3,673.46 (1,074.74) -106.16% TOTAL EXPENSE 1,662,043.40 1,800,007.18 14.77% NET INCOME/(LOSS) 28,325.10 (47,362.89) Fayetteville A&P Commission Balance Sheet As of May 31, 2018 ASSETS Current Assets Cash and Investments 10300 1st Security A&P/EF 10400 1st Security Fayetteville TC 10500 1st Security Clinton House 10700 Arvest Payroll Account 10110 EF/CVB Cash in Register 10120 TC Cash on Hand 10130 CHM Cash In Register 13000 Investments 13100 Investments: Adjust to Market Total Investments Total Cash and Investments Accounts Receivable 11100 Accounts Receivable - City Parking 11200 Due from Vendors 11300 Accounts Receivable (TC) Total Accounts Receivable 11400 HMR Funds Due from City 12200 Prepaid Expenses 13100 Deposits 14100 Inventory Asset - EF/CVB 14200 Inventory Asset - CHM Total Current Assets Other Assets 14500 Capital Assets 15000 Furniture and Fixtures 15100 Equipment 15300 CVB Building 15400 CVB Land 15500 Building Additions 15600 Walker -Stone House 17300 Accumulated Depreciation Total Other Assets TOTAL ASSETS 904,795.24 (6,338.91) 731,386.53 256,987.27 8,012.43 45,602.52 100.00 1,000.00 100.00 RQR dFR 1111 1,484.00 1,480.00 1111 A19 19 101,053.71 313,527.39 930,569.02 198,621.00 576,659.55 992,848.72 (786,997.00) 1,941,645.08 134, 376.12 242,840.15 16,040.65 30,617.00 7,317.62 6.889.71 Z 311, rze.Js 2.326.282.39 4, /UU,uuU. /L Fayetteville A&P Commission Balance Sheet As of May 31, 2018 LIABILITIES AND EQUITY Liabilities Current Liabilities 20000 Accounts Payable 72,669.36 22100 KHT Security Deposit 1,000.00 24000 Employee Benefits Payable (2,616.98) 25000 Sales Tax Payable 2,627.21 26300 Unearned Revenue 2018 159,172.11 26400 Unearned Revenue 2019 18,450.00 Total Current Liabilities 251,301.70 Equity 34000 Designated Fund - Future Fund 0.00 39005 Fund Balance 4,536,892.22 Net Revenue (82,185.20) Total Equity 4,454,707.02 TOTAL LIABILITIES AND EQUITY 4,706,008.72 9 8,510 + X252,338 + $1.6 'I/Motel Restaurant Other Lc $14677 Prior Dues Collected X307.147 total HCollected ;vious YTD (Jan -May) HMR Tax Collection Ta ?014 2015 2016 2017 2018 .................................................................................... >1,085,747 $1,206,231 $1,328,654 $1,373,024 S1942198i 1.34% 11-10% 10-15% 3.33% 3.55% % change over previous year (jan feb S apr I (may) jun 1ul I aug I sep SI nov I dec Monthly A&P Tax Collections 2018** 5266,502 230,000 240,000 250,000 260,000 270,000 280,000 290,000 300,000 6.50% 6.71% 1.92% 7.77% - 3.71% increase from 2017 ** This represents one half of the total HMR collections. The other half supports the Parks and Recreation department. I �nr11ruiLLE JAN -MAY 201 % Returning Visitors: JAN -MAY 201 8.1%�15.3 %: : • ' , ............................................................................................................ Overall Users: MELLO. Landing Page Views: 114170323, . ' � 58,95,989: , .............................................................................................. ...................................................................... Overall Sessions: Online Guide Requests: TOP STATES [OH WEB THAIIIC MAY 2018 ............................................................................................................................................................................................................................... Texas: immomp, Oklahoma: U9019p, Arkansas: m issouri: ' TX Kansas0 : ' , MO 91 ---I 6A I I I I I I- tiI I II I I l 1 I lillN May 2018 Arkans Oklahc • 20% .. .......................................................................... • 16% .......................................................... 13% .................................................................................... 13% May 2018 :4 Alec 16:* • 4 49% .................. .............................................................................. • 34% ....................................................... 9% ..................................................... 8 % SPHING PH1=HO11 FLIGHT2 DFW, OKC, TUL, LR, pressio Clicks CTRIrI pletionm imthrough conversions; verage time on landing page III ��ad4/9 - 6/3 as -m Worth 1 ..................................... 619%• � 63.5% Kansas City Little Rock ................................................................................................... _ ■ % pi12. 12m6% J Oklahoma City ........................................................................................ 10. 4% J J Tulsa : ........................................... 6.7% r 6.5% 3rniilb rA61 DUUR bAlIVA3 AU3 DFW, OKCI TULSA, LR, KC ............................................................................................................................................................................ I ................................................. APRIL & MAVIWe Impressidl Click.• ' CTR •' ReachEm"• : � Frequency: Likes: Shares: L A ri Completed View?Quu 0 L � EXPLORE LjFLAVORSO Foodie Scene Fayetteville Ale Trail IjCLIMBOOTO 1. / CRAW Dickson St. FIND YOUR'+. PATH Hiking jSWIPE UP TO PLAN %YOUR Y WEEKEND CONNECTED 1U Tui & LR .............................................................................................. 0.11111r.ill Impressionsw. ' � � Impressions: � Impressions: ReacAlL• - - � R each.18,9 - Reach Frequency •A•L Frequencyo • • Frequency. [1 - 5/27 b I U M I t 116 111 TU L airport, XNA, NWA hotels ............................................................................................................................................................................................................................. Impressions Clicks. CT Reach. � • Frequency:. • V iewability:•• 1 [1 r I Am Impressions ClicksitIMOT,** A& .11i1.l•ri MAY 2018 .... .................. . ................ As • r. CTR0 .: ' , CTR CPC. ;, CPC I A& ■ in rris Impress'ions.,J,.L•,.4. w 14 Clicks -.364 N.I I CTR: K ' , CP�M I �nr11ruiLLE Memo To: Fayetteville Advertising and Promotion Commissioners CC: Jordan Garcia, Fayetteville Town Center General Manager From: Molly Rawn, Executive Director, Fayetteville Advertising and Promotion Commission Date: June 13, 2018 Re: Selection of DC Sparks as contractor for Town Center Renovation Recommendation: After reviewing the certified Bid Tab provided by Allison Partners, I recommend the commission award the contract for Town Center renovation to DC Sparks and authorize me to enter into a standard form of agreement (agreement AIA document A105) with DC Sparks. The amount of the DC Sparks bid was $95, 278.90 Background: On April 16, 2018 the Fayetteville Advertising and Promotion Commission voted to proceed with the Town Center renovation plans, working with Allison Partners to coordinate the bid and hire the contractor. On May 15th, we received five bids. DC Sparks submitted the low bid. Budget: The funds were previously approved on April 16th, 2018 A L E I S D N P A X T N E K S Your partner In creating lasting places M E M u R A N D U M TO: Mr. Jv.,hua Chezh;e, Fayetteville Town Center 15 West Mountain St Fayetteville, AR 72701 FROM: Kortney DeRoue,,, Front Desk RE: Bid - uttice Renovations at the Fayetteville Town Center DATE: May 18, 2018 Ennclv.,ed ;s the uff,c;al Certified Bid Tab for the bid on May 15, 2018. Also enclosed are the bids trom the general contractors, piuufofthe,, )izwd; ng with the A,kannaaa Co„t,aeto,s Licensing Board, and Insurance verit>cadon. The appa,a,t low bidde, is DC Sparks. We would like to point out that the Bid Bond submitted by DC Sparks ;s not signed by anyunne tion,, the company, but ;t has been signed by the Attorney -In -Face. Ellinngso„ Contiacti„g is considered "Non -Responsive” due to not acknowledging Addendum No. 2. Alpha Building Corporation put "N A" in the space where the Contractor's License Number is to be listed. i did look up the company, and they do have a valid license to work in the state of Arkansas. Please let us know it you have any questions. Tha„k you. 200 W. Capitol Ave., Ste 1400, Little Rock, AR 72201, Tel 501.376.0717 BIU OF Er IN G DA TE: BIIO CIFVN ING TIME: PRCIJEC T: HHOJIEC Tl NA M E LC IC ATIION Mai 7 5, 2(1 11 8 2 I I.m. Office Rerovalionis a1 1H &01eteville Tkiwri Cenla n Fayetteville, ARI A 11 L I S CI h P A RI T N E R S rw,.pro rb aeatim 13cftpdwm 1 Certiflec SUE CON TRAICTC MIS CONTRAICTCIRJ 1.I1C. NC. BID SURETY ADD REC°D BASE BID MECHANICAL BIJUMBINC ELECTRICAL DIC 9 ar(ds Ccroslrucliari Yes 2 91 915,218.90 Pra Aim MIA NasH Elec. 349560319 AI Ha Building Carpanatior Yes 2 91 1(11,433.0(1 TMM Services NAA "B" Ellectric Center Paint Cortmacilors Yes 2 91 1 � 2,4912.0(1 HayeVevilluMech. N/A Armar Elactilic 19916(15118 Ellin sar Canttlaclin 3<I434(13191- 1 NRI SPCNS]VE Yes 1 Pied -it Conistducil icor bes 2 9 11(191,735.0CI Ac vanilalla Air &1 Svc. N/A Arr old & 9levins NW 1140461218 1 Certiflec sii—l--AIA Document A105" - 2007 Standard Farm of Agreement Between Owner and Contractor for a Residential or Small Commercial Project AGREEMENT made its of the 5th day of June in the year 2018 (In words, indicate dory, nlonfh andyea)-.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal stalus, address and other' irrfar`malion) completion. The author may also have revised the text of the original Experience Fayetteville AIA standard form. An Additions and 21 South Block Ave., Suite 100 Deletions Repod that notes added Fayetteville, AR 72701 information as well as revisions to the Telephone Number: 479-587-9944 standard form text is available from the author and should be reviewed. A and the Contractor: vertical line in the left margin of this (rl'atne, legal status, address and other it7formalim7j document indicates where the author has added necessary information DC Sparks Construction, LLC and where the author has added to or 17062 Harmon Road deleted from the original AIA text. Fayetteville, AR 72704 This document has important legal Telephone Number: 479-365-2889 consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (A'atne, location and detailed description) State or local law may impose requirements on contracts for home Partial demolition and renovation of Offices 410 through 414 within the Fayetteville Town improvements. If this document will Center located at 15 West Mountain. be used for Work on the Owner's residence, the Owner should consult The Architect: local authorities or an attorney to (A'anie, legal slalus, address and oN7er injnrntafion) verify requirements applicable to this Agreement. Allison + Partners, Inc. 200 W. Capitol Ave., Suite 1400, Little Rock, AR 72201 Telephone Number: 501-376-0717 The Owner and Contractor agree as follows. AIA [Document A146r" — 3407 {formerly A106I"-1993 and A205'"' —19931. Copyright @ 1993 and 2007 by The American Institute Of Architects. All rights Init. reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaues.'Unauthorized reproduction or distribution of this AIAv Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:06:50 on 0610512018 under Order No.53tt3927726 which expires on 06105/2019, and is not for resale. User Notes: (1716146504) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE 3 CONTRACT SUM 4 PAYMENT 5 INSURANCE 6 GENERAL PROVISIONS 7 OWNER 8 CONTRACTOR 9 ARCHITECT 10 CHANGES IN THE WORK 11 TIME 12 PAYMENTS AND COMPLETION 13 PROTECTION OF PERSONS AND PROPERTY 14 CORRECTION OF WORK 15 MISCELLANEOUS PROVISIONS 16 TERMINATION OF THE CONTRACT 17 OTHER TERMS AND CONDITIONS ARTICLE 1 THE CONTRACT DOCUMENTS § 1,1 The Contractor shall complete the Work described in the Contract Doctonents for the Project. The Contract Documents consist of .1 this Agreement signed by the Owner and Contractor; .2 the drawings and specifications prepared by the Architect, dated April 23, 2018, and enumerated as follows: Drawings: Number Title Date Exhibit A Specifications: Section Title Pages Exhibit B .3 addenda prepares( by the Architect as follows: Number Date Pages A-1 May 10, 2018 13 A-2 May 1 1, 2018 1 Init.AIA Document A1051" — 2007 (formerly A10614-1993 and A20SW — 1993). Copyright 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING; Th I's AIAT Document is protected by U.S. Copyright Law and Intamatlonal Treaties. Unauthorized reproduction or distribution of 2 this AIAs Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:00:50 on 0610512018 under Order No.5383927726 which expires on 0610512019, and is not for resale, User Notes: (1716146504) .4 written orders For changes in the Work issued after execution ofthis Agreement; and .5 other documents, if any, identified as follows:. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date ofcommencement of the Work shall be the date of this Agreement tin less otherwise indicated below. The Contractor steal I substantially complete the Work, no later than sixty ( 60 ) calendar days from the date of commencement, subject to adjustment as provided in Article ID and Article I I. (Insert the date ofcon+rnencement, if it differ-sfrom the elate gfthis,,Jgree)aenu June 19, 2018 ARTICLE 3 CONTRACT SUM § 3.1 Subject to additions and deductions in accordance with Article 10, the Contract Suns is: Ninety-five Thousand Two Hundred Seventy-eight dollars and Ninety cents (195278.90) § 3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work: (Iteini.se the Contract Sana among the major poi -lions oj'the If ork.) Portion of Work Value § 3,3 Unit prices, if any, are as follows: (Idents and state the unit price; state the quantity !,nutations, iij'rrn% to which the unit price }rill be appllcable.1 Item Units and Limitations Price per Unit ($0.00) §3.4 Allowances included in the Contract Sum, if any, areas follows: (Identify allot,ance and state exclusions, if ar?v,,f rom the allot,ance price.) Item Price § 3.5 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and hereby accepted by the Owner: (Stale the numbers or other identrfrcation of accepted alte)-nates. If the bidding or proposal documents perinit the avnei- to accept other- alternates subsequent to the execution ©flhis Agreement, ,,mach a schedule of such other alternates shotuing the amount for each and the date when that amount expires.) § 3.6 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. ARTICLE 4 PAYMENT § 4.1 Based on Contractor's Applications for Payment certified by the Architect, the Owner shall pay the Contractor, in accordance with Article 12, as follows:. (Insert helot, limingfir perti'nients and provisions fo)' withholding relainage, if any.) a. The Contractor shall present his request for payment on the twenty-fifth day of each calendar month. AIA Document A106 I" — 2007 (Formerly A105T* —1993 and A206T'" —1993), CopyrightO 1993 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3 this AIAm Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under l the law. This document was praduced by AIA software at 17:00:50 on 0610512018 under Order No.5383927726 which expires on OW05r2019, and is not for resale. User Notes: (1716146504) b. Not later that the tenth clay of each calendar month, the Owner will make payment to the Contractor on the basis of a duly certified approved estimate ofthe work perfortined during the preceding calendar month by the Contractor, but the Owner shall retain five percent (5%) of the amount of each estimate until the job is fifty percent (50%) complete. No additional amount will be retained ore larger estimates. Payment of the retained amounts will be made upon final completion and acceptance of all work covered by this Contractor. c. In preparing estimates, the material delivered and suitably stored on the site and the preparatory work done may be taken into consideration. d. The periodical estimated for partial payment shall be submitted on an AIA Document G702 Application and Certification for Payment and AIA Document G703 Continuation Sheet, duly notarized. e. An original and three (3) copies of the estimate will be tendered for approval. § 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate below, or in the absence thereof, at the legal rate prevailing at the place of the Project. %fl ARTICLE 5 INSURANCE § 5.1 General: The Contractor shall not cornmence work under this contractor allow any subcontractor or anyone directly or indirectly employed by any one of them to commence work until he has obtained all insurance required under this section and duly executed certificates of such insurance have been filed with the Architect and approved by the Owner and his agent. All insurance policies, certificates and endorsements shall be submitted to the Architect in duplicate, one copy of which will be retained by the Architect and other forwarded to die Owner or his agent. The Contractor shall require all subcontractors, or anyone for whose acts any of them may be liable, to either obtain statutory Worker's Compensation, Comprehensive General Liability, and Comprehensive Automobile Insurance coverage for this (the subcontractor's) portion of the work or reimburse the Contractor for providing such insurance coverage. (Table deleted) Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance shall protect the contractorfrom claimsfor bodily injury including death to the employees, or of any person other than his employees, and all other claims for property damage including water damage, legal liability, personal injury liability, damage from collapse, damage from grading, excavation, and all underground wank, any and all of which may arise out of or resulting from the Contractor's operations required for the project, whether such operations be by himself or by any subcontractor or anyone directly employed by either of there. § 5.2 Workers' Compensation Insurance: The Contractor shall procure and maintain at his expense during the term of the Contract, Worker's Compensation Insurance and Employer's Liability Insurance for at ofhis employees engaged at the site of the work, in accordance with the statues of the State of Arkansas, In case any hazardous occupations are required for the execution of this work which are not covered by the above insurance, a special Employer's Liability policy shall be procured and maintained by the Contractor during the term of the contractor to cover workmen engaged in such hazardous occupations. Employer's Liability: $100,000 per accident, $500,000 Disease, 'Policy Limit. $100,000 Disease, Each Employee.. § 5.3 Comprehensive General Liability Insurance: The Contractor shall procure and maintain during the terns of this contract, at the Contractor's expense, a Comprehensive General Liability policy, with limits of not less than $1,000,000 per occurrence, and $2,000,000 aggregate for bodily injury and property damage coverage combined. Products and Completed Operations to be maintained for 2 years after Final Payment - $2,000,000 aggregate. This policy must include Contractual Coverage, $1,000,000 each occurrence, $2,000,000 aggregate, to cover contractual indemnity, and hold harmless the Owner and Architect, and their agents and employees from and against all claims, damages, losses, and expenses, including attorney's fees arising out of or resulting from the performance of the work, provided such clai in, damage, loss, injury, sickness, disease, death, or injury to or destruction of tangible property other than the Work, including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for AIA Document A106 1" —2007 (formerly A105 I" — 1993 and A2061"— 1993). Copyright V 1993 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA'° Document is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 this MAO Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under ! the law. This document was produced by AIA software ar 17:00:50 on 0610512018 under Order No.5383927726 which expires on 0610512019. and is not for resale_ User Notes: (1716146504) whose acts any of them may be liable, regardless of whether or not it was caused in part by a party indemnified there under, § 5,4 Comprehensive Automobile Liability Insurance: The Contractor shall procure and maintain during the term of the contract, at the Contractor's expense, Comprehensive Automobile Liability limits not less than $1,000,000 per occurrence for bodily injury and For Property Damage Coverage with a $2,000,000 aggregate. This policy shall include non -owned and hired cars andlor trucks. § 5,5 Owner's Protective Liability Insurance: The Contractor shall procure and maintain during the term of the Contract, Owner's Protective Liability Insurance with an endorsement of the policy to include as additional insurance, the Architect, with limits not less than $1,000,000 peroceurrence for bodily injury, liability, and property damage with $2,000,000 aggregate. § 5.6. Builder's Risk — Fire Extended Coverage and Vandalism and Malicious Mischief Insurance: 'ihe Contractor shall take out and maintain during the life of the Contract, and until the same has been accepted, Builder's Risk, Fire Extended Coverage, Vandalism, and Malicious Mischief Insurance for an amount equal to 100% of the insurable property value of the project, less the cost of any excavation, brick, stone, or concrete Foundation, piers, or other supports, which are below the undersurface of the lowest basement floor, or whey: there is no basement, piers which are below the surface of the ground, or underground flues, pipes or wiring. Said insurance coverage to be written in the name of the Contractor and Owner. § 5.7. The required insurance must be written by accompany licensed to do business in the 'State of Arkansas at the time the policy is issued. In addition, the companies must be acceptable to the Owner and his agent, § 5,$. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse. Al l insurance policies shall contain a clause to the effect that the policy shall not be canceled or reduced, restricted, or limited until fifteen (15) days after the Owner and Architect have received written notice as evidenced by return receipt of registered or certified letter. Certificates of insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the location. and the operations to which the endurance applies, the expiration date, and the above mentioned notice of cancellation clause," ARTICLE 6 GENERAL PROVISIONS § 6.1 THE CONTRACT The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a written modification in accordance with Article 10. "In the event of conflicts or discrepancies arnong the Contract Documents, interpretations will be based on the following priorities.- ( riorities: ( I )The Agreement. (2)Addenda, with those of later date having precedence over those of earlier elate. (3)Dravvings and Specifications. In the case of an inconsistency in the Drawings and Specifications or within either Document not clarified by addendum, the better duality or greater quantity of Work slral I be provided in accordance with the Architect's interpretation." § 6.2 THE WORK The term "Work" means the construction and services required by the Contract Documents, and includes all other labor, materials, equipment and services provided, or to be provided, by the Contractor to fulfill the Contractor's obligations. § 6.3 INTENT The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. In It. AIA Document A106TM — 2007 (formerly A105Tm —1993 and A2051"— 1993). Copyright ® 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AiAO Document ig protected by US. Copyright Law and International Treaties. Unauthorized reproduction or distribution of $ this AIA10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under f the law. This document was produced by AIA software at 17:00:50 on 0610512018 under Order No.5363 927726 which expires on 06)0512019, and is not for resale. User Notal, (1716146504) § 6.4 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS Documents prepared by the Architect are instruments of the Architect's service for use solely with respect to this Project. The. Architect shall retain all common law, statutory and other reserved rights, including the copyright, The Contractor, subcontractors, sub -subcontractors, and material or equipment suppliers are authorized to use and reproduce the instruments of service solely and exclusively for execution of the Work. The instrtunents ofservice may not be used for other Projects or for additions to this Project outside the scope of the Work without the specific written consent of the Architect. ARTICLE 7 OWNER § 7.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 7.1,1 If requested by the Contractor, the Owner shall furnish all necessary surveys and a legal description of the site. § 7.12 Except for permits and fees that are the responsibility of the Contractor Under the Contract Documents, the Owner shall obtain and pay for other necessary approvals, easements, assessments and charges. § 7.2 OWNER'S RIGHT TO STOP THE WORK 1f the Contractor fails to correct Work which is not in accordance with the Contract Documents, the Owner may direct the Contractor in writing to stop the Work until the correction is made. § 7.3 OWNER'S RIGHT TO CARRY OUT THE WORK I f the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Contract Sum shall be adjusted to deduct the cost of correction from payments due the Contractor. § 7.4 OWNER'S RIGHT TO PERFORIN CONSTRUCTION AND TO AWARD SEPARATE: CONTRACTS § 7.4.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project. § 7.4.2 The Contractor shall coordinate and cooperate with the Owner's own forces and separate contractors employed by the Owner, § 7.4.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. ARTICLE 8 CONTRACTOR § 8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 8.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions tender which the Work is to be performed and correlated personal observations with requirements of tile Contract Documents. § 8.1.2 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner. Before commencing activities, the Contractor shall (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to the Contractor with the Contract Documents; and (3) promptly report errors, inconsistencies or omissions discovered to the Architect. § 8.2 CONTRACTOR'S CONSTRUCTION SCHEDULE The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's constructioll schedule for the Work. § 8.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 8.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for anti have control over construction means, methods, techniques, sequences and procedures, and for coordinating al I portions of the Work. ATA Document A1G6'"' - 2007 (formerly All 06M - 1993 and A206TO -1993). Copyright 1993 and 2607 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIM Document Is protected by U.S, copyright Law and international Treaties. Unauthorized reproduction or distribution of 6 this AIAO Document, or any portion of it, may result in severe civil and criminal penalties, and witi be prosecuted to the maximum extent possible under the law. This document was produced by APA software at 17:00:50 on 0510512018 under Order No.5383927726 which expires on 06105/2019. and is not for resale. User Notes: (1716146564) § 8.3.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names ofsubcontractors or suppliers for each portion of the Work. The Contractor shall not contract with any subcontractor or supplier to whom the Owner or Architect have made a timely and reasonable objection. § 8.4 LABOR AND MATERIALS § 8.4.1 Uzi less otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other Facilities and services necessary for proper execution and completion of the Work. § 8.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. §8.4.3 Where a definite material is specified it is not the intent to discriminate against any equal product of another manufacturer. It is the intent to set a definite standard. Open competition is expected, but in all cases, complete data must be submitted for comparison and test when requested by the Architect. No substitution shall be made unless authorized in writing by the Owner. §8.4.4 Should a substitution be accepted and should the substitute material prove defective or otherwise unsatisfactory for the service intended and within the guaranty period, the Contractor shall replace this material or equipment with the material or equipment specified by name. §8.4.5 After execution of the contract agreement, a proposed substitution will be considered only if there is no decrease in quality, warranty, etc. and only when submitted by or throuLgh the General Contractor, Such request shall be submitted as described in Section 01 33 40 of the Project Manual within thirty (30) days after contracts are signed. Requests for tirne extensions will not be approved for delays due to rejected substitutions. No substitution will be allowed without the Architect's approval in writing. § 8.5 WARRANTY The Contractor warrants to the Owner and Architect that. ( I ) materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Contract Documents. §8.5.1 The Contractor shall absolutely guarantee and warrant his work, his subcontractor's work, and work of his suppliers and subcontractor's suppliers for a period of one year from the date of acceptance of the project by the Owner. This warranty shall be For a longer period on certain iterns so designated in the Specifications. The foregoing one year absolute guarantee and warranty shall not in any way limit, restrict, or affect the liability of the Contractor or his subcontractors for indemnity as provided for in this contract, nor shall it in any way shorten the period of limitation fixed by law for the filing of any action against the Contractor for enforcement or for breach of any provision of the contract documents. Should the Contractor elect to use any of the equipment in the building during the construction period, he shall make arrangements with the subcontractor or supplier of that equipment for any extension of warranty of that equipment made necessary by such use. The warranty period ofsuch equipment to the Owner shall not be reduced by the use of equipment by the Contractor. § 8.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes that are legally required when the Contract is executed. § 8.7 PERMITS, FEES AND NOTICES § 8.7,1 The Contractor shall obtain and pity for the building permit and oilier permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. § 8.T2 The Contractor shall comply with and give notices required by agencies havingjurisdiction over the Work. if the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor sltall assume full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly notify the Architect in writing of any known inconsistencies in the Contract Documents with such governmental iaws, rules and regulations. AIA Document A1061"' — 2007 (formerly A105•" — 1993 and A20610-1993). Copyright Q 1993 and 2407 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this ALAI Document, or any portion of it, may result In severe civil and criminal persalt#es, and will be prosecuted to the maximum extent possible under ! the law. This document was produced by ALA software at 17:00:50 on 06105/2418 under Order No.5383927726 which expires on 0610512019. and is not for resale. User Notes: [1716146504) § 8.8 SUBMITTALS The Contractor shall promptly review, approve in writing and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The Contractor shall submit to the Architect such shop drawings and schedules as are required by the specifications or that are requested by the Architect. Shop drawings submitted by the Contractor shall be prepared by a person thoroughly competent and qualified to prepare such shop drawings. Incomplete or poorly prepared shop drawings will be returned to the Contractor to be redrawn. By submitting a slop drawing or drawings the Contractor represents and certifies that the above requirement has been complied with and that, in the review of the drawing or drawings by the Architect, he the Contractor will hold the Architect and Owner harmless against claims for losses or injury caused by errors or omissions on die shop drawings made by the person, persons, or company preparing these particular shop drawings. § 8.9 USE OF SITE The Contractor shall confine operations at the site to areas permitted by law. ordinances, permits, the Contract Documents and the Owner. § 8.10 CUTTING AND PATCHING The Contractor shall be responsible For cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, Fitting and patching, unless otherwise required by the Contract Documents. § 8,11 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. At the completion of the Work, the Contractor sllall remove its tools, construction equipment, machinery and surplus material; and shall properly dispose of waste materials. § 8.12 INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself], but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether of- not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. ARTICLE 9 ARCHITECT § 9.1 The Architect will provide administration of the Contract as described in the Contract Documents. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 9.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work. § 9,3 The Architect will not have control over or charge of, and will not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. § 9.4 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment. the Architect will review and certify the amounts due the Contractor. 9,5 The Architect has authority to reject Work that does not conform to the Contract Documents. § 9.6 The Architect will promptly review and approve or take appropriate action upon Contractor's submittals, but only for the limited purpose ofchecking for conformance with information given and the design concept expressed in the Contract Documents. Inst AIA Document A105111— 2007 (formerly Ai05fµ —1999 and A2061m —1993). Copyright* 1993 and 2007 by The American lnstitute of Architects. All rights reserved. WARNING: This ALAI Document Is proteoted by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extant possible under the law. This document was produced by AIA software at 17:00:50 on 05/05/2018 under Order No.5383927726 which expires on 45!4512019, and is not for resale. User Notes: (1716146504) § 9.7 The Architect will promptly interpret and decide matters concerning performance tinder, and requirements of, the Contract Documents on written request from either the Owner or Contractor. § 9.8 interpretations and decisions oFthe Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When raking such interpretations and decisions, the Architect will endeavor to secure Faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 9.9 The Architect's duties, responsibilities and limits of authority as described in the Contract Documents shall not be changed without wriUen consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. ARTICLE 10 CHANGES IN THE WORK § 10.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly in writing. If the Owner and Contractor can not agree to a change in the Contract Sum, the Owner shall pay the Contractor its actual cost plus reasonable overhead and profit. § 10.2 The Architect will have authority to order minor changes in the Work not involving changes in the Contract Surn or the Contract Time and not inconsistent with the intent of the Contract Documents. Stich orders shall be in writing and shall be binding on the Owner and Contractor, The Contractor shall carry out such orders promptly. § 103 if concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Tirne shall be subject to equitable adjustment. ARTICLE 11 TIME § 11.1 Time Iiinits stated in the Contract DPCLlInelhtS are of the essence of the Contract. § 1111 f the Contractor is delayed at any bine in progress of the Work by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, the Contract Time shall be subject to equitable adjustment. ARTICLE 12 PAYMENTS AND COMPLETION fj 12.1 CONTRACT SUM The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work tinder the Contract Documents. § 17.2 APPLICATIONS FOR PAYMENT § 12.2.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for Work completed in accordance with the values stated in the Agreement. Such Application shall be supported by data substantiating the Contractor's right to payment as the Owner or Architect may reasonably require. Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, If approved in advance by the Owner, payment may similarly be made for materials and equipment stored, and protected from danhage, off the site at a location agreed upon in writing. § 12,2.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor Further warrants that upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the C'ontractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. § 12.3 CERTIFICATES FOR PAYMENT The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is AIA Document A106T" — 2007 (formerly All 06'" —1983 and A25TM — 1993). Copyright 0 1993 and 2007 by The American Institute of ,Architects. All rights Init, reserved. WARNING: This AIAO Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of � this AIA' Document, or any portion of it, may result In severe civil and criminal penalties, and wtll be prosecutes! to the maximum extent possible under t the law. This document was produced by AIA software at 17:00:50 on 0610512018 under Order No.5383927726which expires on 0610512019. and is not for resale. User Notes: (1716146504) properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part. § 12.4 PROGRESS PAYMENTS § 12,4.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment In the manner provided in the Contract Documents. § 12,4.2 The Contractor shall promptly pay each subcontractor and supplier, upon receipt of payment from the Owner, an amount determined in accordance with the terms of the applicable subcontracts and purchase orders. § 12.4.3 Neither the Owner nor the Architect shall have responsibility for payments to a subcontractor or supplier-. § 12.4.4 A Certificate for Payment, a progress payment, or partial or entire use or Occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. § 12.4.5 The Schedule for Progress payments is as follows: a. The Contractor shall present his request for payment on the twenty-fifth day of each calendar month. b. Not later- than the tenth day of each calendar month, the Owner will make partial payment to the Contractor on the basis of a duly certified approved estimate of the work performed during the preceding calendar month by the Contractor, but the Owner shall retain five percent (5%) of the amount ofeach estimate until the yob is fifty percent (50%) complete, No additional amount will be retained on later estimates. Payment of the retained amounts will be made upon Final completion and acceptance of all work covered by this Contractor. c. In preparing estimates, the material delivered and suitably stored on the site and the preparatory work done may be taken into consideration, d. The periodical estimates for partial payment shall be submitted on AIA Document G702 Application and Certification for Payment and AIA Document G763 Continuation 'Sheet, duly notarized. E .An original and three (3) copies of the estimate will be tendered for approval. § 12.5 SUBSTANTIAL COMPLETION § 12.5.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. § 12.5.2 When the Work or designated portion thereof is substantially complete, the Architect will make an inspection to determine whether the Work is substantially complete. When the Architect determines that the Work is substantially complete the Architect shall prepare a Certificate Of Substantial Completion that shall establish the date of Substantial Completion, shall establish the responsibilities of the Owner and Contractor, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 12.6 FINAL COMPLETION AND FINAL PAYMENT § 12.6.1 Upon receipt ofa final Application for Payment, the Architect will inspect the Work. When the Architect finds the Work acceptable and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment § 12,6.2 Final payment shall not become due until the Contractor submits to the Architect releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Contract. AIA Document A10514-2007 (formerly A106T —1993 and A2051"' —1993). Copyright m 1993 and 2007 by The American Institute of Architects. All rights init, reserved. WARNING: This AIAa Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10 this AIA" Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:00:50 on 0610512018 under Order No.5383927726 which expires on 0610512019, and is not for resale. User Nates: (1718146504) § 12.63 Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of Final Application for Payment. ARTICLE 13 PROTECTION OF PERSONS AND PROPERTY The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Contract. The Contractor shall take reasonable precautions to prevent damage, injury or loss to employees oil the Work, the Work and materials and equipment to be incorporated therein, and other property at the site or adjacent thereto. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone For whose acts the Contractor may be liable. ARTICLE 14 CORRECTION OF WORK § 14.1 The Contractor shall promptly correct Work refected by the Architect as failing to conform to the requirements of the Contract Documents, The Contractor shall bear the cost of correcting such rejected Work, including the costs of uncovering, replacement and additional testing. § 14.2 In addition to the Contractor's other obligations including warranties tinder the Contract, the Contractor shall, for a period of one year after Substantial Completion., correct work not conforming to the requirements of the Contract Documents. § 14.3 if the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 7.3. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 ASSIGNMENT OF CONTRACT Neither patty to the Contract shall assign the Contract as a whole without written consent of the other. § 15.2 TESTS AND INSPECTIONS § 15.2,1 At the appropriate times, the Contractor shall arrange and bear cost of tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. § 15.2.2 If the Architect requires additional testing, the Contractor shall perforin those tests. § 15.2.3 The Owner shall bear cost of tests, inspections or approvals that do not become requirements until after the Contract is executed. § 15.3 GOVERNING LAW The Contract steal I be governed by the law of the place where the Project is located. ARTICLE 16 TERMINATION OF THE CONTRACT § 16.1 TERMINATION BY THE CONTRACTOR ]f the Architect fails to certify payment as provided in Section 12.3 for a period of 30 days through no fault ofthe Contractor, or if the Owner fails to make payment as provided in Section 12.4.1 fora period of 30 days, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Conti -act and recover from the Owner payment for Work executed including reasonable overhead and profit, and costs incurred by reason of such termination. § 163 TERMINATION BY THE OWNER FOR CAUSE § 16.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 is otherwise guilty of substantial breach of a provision of the Contract Documents. Init. AIA Document A1061" — 2007 (formerly A105'^' —1993 and A20Sr" —1993). Copyright* 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA1` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 1 this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possibte under the law. This document was produced by AIA software at 17:00:50 on 0610512018 under Order No.5383927726 which expires on 0610512019, and is not for resale. User Notes: (1716146504) § 16.2,2 When any of the above reasons exist, the Owner, after consultation with the Architect, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may .1 take possession of the site and of all materials thereon owned by the Contractor, and .2 finish the Work by whatever reasonable method the Owner may deem expedient. § 16.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 16.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 1624 f the unpaid balance of the Contract Sum exceeds costs of finishing the Work, such excess shall be paid to the Contractor. if Stich costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. § 16.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause, The Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 17 OTHER TERMS AND CONDITIONS (Insert any other terms oi- conditions below.) § 17,1 The Contractor shall furnish bonds covering faithful performance of the Contract and payment of obligations arising there under. Bonds may be obtained through the Contractor's usual source, and the cost thereof shall be included in the Contract. Sum. The amount of each bond shall be equal to one hundred percent (100%) of the Contract Sum. 17.2 The Contractor shall deliver the required bonds to the Owner not later than three days following the date the Agreement is entered into, or if the Work is to be commenced prior thereto in response to a letter of intent, the Contractor shall, prior to the commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished. y 17.3 The Contractor shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney. This Agreement entered into as of the day and year first written above. (1f required l_v lair, inser7 cancellation period, dfsclosta-es or o1he), iva),ning stalenients above the signatures.) OWNER (Signahwe) CONTRACTOR (Slgncrtiwe) Experience Fayetteville 21 South Block Ave., Suite 100 Daniel Sparks Fayetteville, AR 72701 17062 Harmon Rd., Fayetteville, AR 72704 (Printed name, title and adda•ess) (P),inleci name, title crud address) LICENSE NO.: 0349560319 JUR1SOIcriON: Arkansas Init. AIA Document A1p6T"" — 2007 (formerly A106141-1993 and A205T1" —1993). Copyright 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING; This AIA'° 'Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12 this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 17:00;50 on 06/0512018 under Order No.5383927726 which expires on 06/0512019, and is not for resale. User Notes: (1716146504) Additions and Deletions Report for AtA0 Document A905T"` — 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note. This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by RIA software at 17:00:50 on 06/0512018. PAGE 1 AGREEMENT made as of the 5th day of June in the year 218 Experience Fayetteville 21 South Block Ave., Suite 100 Fayetteville, AR 72701 Telephone Number: 479-587-9944 DC Sparks Construction, LLC 17062 Harmon Road Fayetteville, AR 72704 Telephone Number: 479-365-2889 Partial demolition and renovation of ©ffices 410 through 414 within the Fayetteville Town Center located at 15 Nest Mountain. Allison + partners, Inc. 200 W. Capitol Ave., Suite 1400, Little Rock, AR 72201 Telephone Number: 501-376-0717 PAGE .2 the drawings and specifications prepared by the Architect, dated April 23, 2018 , and enumerated as follows: Exhibit A Exhibit B A-7 May 10, 2018 13 Additions and Detettons Report for AIA Document A1051m — 21107 (formerly A105•'^ —1993 and A2061A —1993). Copyright* 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA'O Document Is protected by u.& copyright Law and International Treaties, Unauthorized reproduction or distributlon of this AIA' [Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 17:00.50 on 06605/2018 under Order No.5383927726 which expires on 0610512019, and is not for resale. User Notes: (1716146504) A-2 May 1.1.2018 1 PAGE 3 The number of calendar days available to the Contractor to substantially complete [lie 'Work is the Contract Time. The slate of commencement of the Work shall be the date of this Agreement unless otherwise indicated below. The Contractor steal I substantially complete the Work, no later than §,xty ( 60 ) calendar days from the date of commencement, subject to adjustitaent as provided in Article 10 and Article 11, June 19, 2018 (fir—�ivfinety-five Tltousand Trvo Hundred Seventy-eight dollars and T�linety cents {� 95,?78.90] a. The Contractor shall present his request for Davment on the twenty-fifth day of each calendar month. b. Not later that the tenth day of each calendar_ month. the Owner will make payment to the Contractor on the basis of a duly certified approved estimate of the work performed during the preceding calendar month by the Contractor. but the Owner shall retain five percent_ {5%) of the amount of each estimate Until the job is fifty percent (50%) complete. No additional amount will be retained on larger estimates. Payment of the retained anlotmts will be made upon final completion and acceptance of all work covered by this Contractor. c, to pre in estimates, the material delivered and suitably stored on the site and the preparatory work done maybe taken into consideration. d. The periodical estimated for partial payment shall be submitted on an AIA Document G702 Application and Certification for Payment and AIA Document G703 Continuation Shect, dilly notarized. e. An original and three (3) copies of the estimate will be tendered for approval. PAGE 4 § 5.1 'ruse)•' speeifie insul-anee and Iiffik `General: The Contractor shall not commence work under this contractor allow any subcontractor or anyone directly or indirectly employed by any one of them to commence work until he has obtained all insurance required under this section and zloty executed certificates of such insurance have been filed with the Architect and approved by the Owner and his agent. All insurance policies, certificates and endorsements shall be submitted to the Architect in duplicate, one copy of which will be retained by the Architect and other forwarded to the Owner or his agent. The Contractor shall require all subcontractors, or anyone for whose acts any of them may be liable, to either obtain statutory Worker's Compensation. Comprehensive General Liability, and Comprehensive Automobile Insurance coverage for this (the subcontractor's) portion of the work or reimburse the Contractor for providingsuch insurance Coverage. ;ype of "FisuFame Limik of liability ($0.00} Comorehensive General Liability Insurance and Comprehensive Automobile Liability Insurance shall protect the contractor from claims for bodily irriary irrcltrdirtq death to the employees, or of any person other than his employees, and all _other claims for property damage includitIq water damage, legal Nobility, personal ink flability, damn e from colla sedalrta e rom radia excavation and all underc round work an and alt o which may -arise out of or resulting from the Contractor's operations reauired for the project whethersuch operations be by himself or by any subcontractor or anyone direcrty emRloyecl by either of them. § 5,2 pfavided undel- !his Agpeemew. Tile Contractor is entilled- le- ver-ek0e An "IeFeaSe in the CGnwaet Sum equal Additions and Deletions Report For AIA Document A106 11-2007 (formerly A106T* -1993 and A2051"- 1993). CopynghtC 1993 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 17:00.50 on 0610512018 under Order No.5383927726 which expires on 0 610 512 0 19, and is not for resale. User Notes: (1716146504) insurance. Workers' Compensation insurance: The Conti -actor shall procure and maintain at his expense during the term of the Contract, Worker's Compensation insurance and Employer's Liability Insurance For all of his employees engaged at the site of the work, in accordance with the statues of the State of Arkansas. In case any hazardous occupations are required for the execution of this work which are not covered by the above iistlrance, a special Employer's Liability policy shall be procured and maintained by the Contractor during the Terni of the contractor to cover workmen engaged in such hazardous occupations. Employer's Liability: $100,000 per accident, $500,000 Disease, Policy Limit. $100,000 Disease, Each Employee„ § 5.3 oblog..tions tinder SpoliA^ ° „-' ompreherisive General Liability Insurance: The Contractor shall procure and 3 maintain during the term of this contract, at the Contractor's expense, a Comprehensive General Liability policy, with limits of not less than $1,000,000 per occurrence, and $2,000,090 aggregate For bodily injury and grope damage coverage combined. Products and Completed Operations to be maintained fort years after Final Payment - $2,000,000 aggregate. This policy -must include Contractual Coverage, $1,000,000 each occurrence. $2,000,000 aggregate, to cover contractual indemnity, and hold harmless the O3vner and Architect, and their agents and employees from and against all claims, damages, losses, apd expenses, including attorney's fees arising out ofor resulting from the perforiinance of the work, provided such claim, daniage, loss, injury, sickness, disease, death, or initiiy to or destruction of tangible property other than the Work, including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of thein, or anyone for whose acts any of them may be liable, regardless of whether or not it was caused inap it by a party indemnified there under. § 5.4 *" V ^ ',.Comprehensive Automobile Liability Insurance: The Contractor shall procure and maintain during the term of the contract, at the ContractoCs expense, Comprehensive Automobile Liability limits not less than $1,000,000 ger occurrence For bodily injury and for Property Damage Coverage with a $2.000.000 aggregate. This policy shall include non -owned and Hired cars and/or trucks. § 5.5 (2) the Architect, Arehitect's Offll& agOnts amid empleyees, fbk- daniages eaused by fire Gil Athol the -Werk -,Owner's Protective Liability Insurance: The Contractor shall procure and maintain during the term of the Contract, Owner's Protective Liability Insurance with an endorsement of the policy to include as additional insurance, the Architect, with limits not less than $1 000.000 Per occurrence for bodil • in'ur , liability. and property dania a with $2,000,000 aggregate. 5.6. Builder's Risk Fire Extended Coverage and Vandalism and Malicious Mischief Insurance: The Contractor shall take out and maintain during the life of the Contract and until the same has been accepted, Builder's Risk Fire Extended Coverage, Vandalism, and Malicious Mischief Insurance For an amount equal to 100% of the insurable property value of the project, less the cost of any excavation, brick, stone, or concrete foundation, piers, or other supports, which are below the undersurface of the lowest basement floor, or where there is no baseinent, piers which are below the surface of the ground or unnder round Flues pipes or wiring. Said insurance coverage to be written in the name of the Contractor and Owner. 5,7. The re tired insurance must be written by accompany licensed to do business in the State of Arkansas at the time the policy is issued. ii addition the companies must be acceptable to the Owner and his agent. 5.8. The Contractor shall not cause any insurance to be canceled nor perntit-any insurance to lapse. All insurance policies shall contain a clause to the effect that the policy shall not be canceled or reduced, restricted, or limited until fifteen 15 days after the Owner and Architect have received written notice as evidenced by return receipt of reizistercd or certified letter. CertiFicates of insurance shall contain transcripts from the oroper office oFthe insurer evidencing in particular those insured the extent of the insurance the location and the operations to 4vhich the endurance applies, the expiration date, and the above mentioned_ notice of cancellation clause" PAGE 5 Additions and Deletions Report for AIA Document A1061— 2007 (formerly A106T* —1993 and A2061"— 1993). Copyright 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This MA`r Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA'U Document, or any portion of it, may resu4t In severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under the law. This document was produced by AIA software at 17:00:50 on 0 610 512 01 8 under Order No.5383927726 which expires on 06/05f2019, and is not for resale. User Notes: (1716146504) "ht the event of conflicts or discrepancies arnong the Contract Documents interpretations will be based on the followin priorities: ( I )The Agreement. (2)Addenda, with those of later date having precedence over those of earlier date. 3 Drawin s and S ecifications. In the case of an inconsistency in the Drawings and Specifications or within either Document not clarified by addendum, the better Quality or greater quantity of Work shall be provided in accordance with the Architect's interpretation." PAGE 7 8.4.3 Where a definite material is s ecificd it is not the intent to discriminate against any equal Product ofanother manufacturer. It is the intent to set a definite standard. Open competition is expected, but in all cases. complete data must be submitted for comparison and test when requested by the Architect. No substitution shall be made unless authorized in writing by the Owner. §8.4.4 Should a substitution be accepted and should the substitute material prove defective or otherwise unsatisfactory for the service intended and within the guaranty period, the Contractor shall replace this material or egUi ltnent with the material or equipment specified by name. 8.4.5 After execution of the contract a reement a proposed substitution will be considered only if there is no decrease in quality, warranty, etc. and only when submitted by orthrough the General Contractor, Such request shall be submitted as described in Section 01 33 00 of the Project Manual within thin 30 days after contracts are signed. Re nests for time extensions will not be approved for delays due to rejected substitutions, No substitution will be allowed without the Architect's approval in writing. §5.5.1 The Contractor shall absolutely guarantee and warrant his work, his subcontractor's work. and work of his suppliers and subcontractor's suppliers for a period of one year from the date of acceptance of the project by the Owner. This warranty shall be for a longer period on certain items so designated in the Specifications. The foregoing one year absolute guarantee and warranty shall not in any way limit, restrict, or affect the liability of the Contractor or his subcontractors for indemnity as provided for in this contract, nor shall it in any way shorten the period of limitation fixed by law for the filing of any action against the Contractor for enforcement or for breach of any provision of the contract documents. Should the Contractor elect to use any of the equipment in the building during the construction period, lie shall make arrangements with the subcontractor or supplier of that equipment for any extension of warranty of that eguipnrent made necessary by such Use. The warranty period of such equipment to the Owner shall not be reduced by the use of equipment by the Contractor. PAGE 8 The Contractor shall promptly review, approve in writing and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The Contractor shall submit to the Architect such shop drawings and schedules as are required by the specifications or that are requested by the Architect. Shop drawings submitted by the Contractor shall be prepared by a person thoroughly competent and qualified to prepare such shop drawings. Incomplete or poorly prepared shop drawings will be returned to the Contractor to be redrawn. By submitting a shop drawing or drawing s the Contractor represents and certifies that the above requirement has been complied with and that, in the review of the drawing or drawings by the Architect. he the Contractor will hold the Architect and Owner harmless against claims for losses or inoU y caused by errors or omissions on the shop drawings made by the person, persons, or company preparing these particular shop drawings. Additions and Deletions Report for AIA DocumentA1067m — 2407 {formerly A106TM' —1993 and A206'"' —19931 Copyright* 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING. This AIAa Document Is protected by U.S. Copyright Law and Intematlonal Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any ,portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 17-00:50 on 0510512018 under Order No.5383927726 which expires on 06/0512019. and is not for resale. User Notes: (1716146504) The Contractor shall be responsible for cutting, fitting or patching required to complete the 'Work or to make its parts fit together properly. All areas requirilte cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. PAGE 10 12.4.5 The schedule for Progress Payments is as follows: a. The Contractor shall present his regUest for payment on the twenty-fifth day of each calendar month. b. Not later than the tenth day of each calendar month, the Qwner will make partial payment to the Contractor on the basis of a duly certified approved estimate of the work performed duringthe precedincalendar month by the Contractor, but the Qwner shall retain five percent (5'%0) ofthe amount of each estimate until the lob is fifty percent (50%) complete. No additional amount will be retained on later estimates. Payment of the retained amounts will be made upon final completion and acceptance of all work covered by this Contractor. c. In Preparing estimates, the rnaterial delivered and suitably stored on the site and the preparatory work done nlav be taken into consideration. d. The periodical estimates for partial payment shall be submitted on AIA Document G702 Application and Certification for Payment and AIA Document G703 Continuation Shect. duly notarized. E .An original and three (3} copies ofthe estimate will be tendered for approval. PAGE 12 1$ 17.1 The Contractor shall furnish bonds covering faithful performance of the Contract and payment of obligations arising there under, Bonds may be obtained through the Contractor's usual source. and the cost thereof shall be included in the Contract Senn, The amount of each bond shall be equal to one hundred percent (100%) of the Contract Seim, s 17.2 The Contractor shall deliver the required bonds to the Owner not later than three days following the date the Agreement is entered into, or if the Work is to be commenced prior thereto in response to a letter of intent. the Contractor shall. prior to the commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished. 5 17.3 The Contractor shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current_copy of the power of attorney. Experience Fayetteville 21 South Block Ave., Suite 100 Daniel Sparks Fayetteville, AR 72701 17062 Harmon Rd., Fayetteville, AR 72704 LICENSE NO.: 0349560319 JURISDICTION: Arkansas Additions and Deletions Report for AIA Document A105-- 2047 (formerly A105 I" - 1993 and A206--1993). CopyrightQ 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ACA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the haw. This document was produced by AIA software at 17:M50 on 06105/2018 under OrderNo.5383927725 which expires on 0610512019, and is not for resale User Notes: (1716146504) Certification of Document t Authenticity AIAO Document D401- - 2003 1, Kortney DeRDuen, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 17:00:50 on 06/05/2018 under Order No. 5383927726 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA'' Document A 105Th" — 2007, Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. VU . (7itlr:) 15, 0ba AIA Document D401 W - 2003. Copyright V 1992 and 2003 by The American Institute of Architecls. All rights reserved. WARNING: This AIAM Document Is protected by U.S. Copyright Law and international Treatises. Unauthorized reproduction or distribution of this A1Ae Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:00:501 on 06/0512018 under Order No.5383927726 which expires on 0610512019, and is not for resale. User Notes: (1716146504) EXHIBIIT A SHEET LIST T'l00 111TLE S1-EET, VICINTY MAP & KEY PLAN Al 00 PARTIAL DENC RLAN, FLCCR PLAN, CEILING RLAN, 311CIREFRCINT ELEVAMNEI a1 DEMOL1110N ROWER PLAN, DENOLITICN LIGH111NG RLAN C2 DOMOL111CN HVAC RLAN El PARTIAL RCWER RLAN, UIGHTING RLAN E21 ELEC. GEIN ERA NC MS, ELEC. CETA IL N 1 PARTIAL F VAC RLA N M2 FVAC GENERAL NOTES, HVAC DETAILS -1 LIFE SAFETY PLAN a -V, mAklmtjm IDIHISIT HAI FV1 uc eu: M-10 TOIAI. C6R 10TMO rd NE EWIKM NORTH CXI' OFFIC EI RIHN CIVATIONS AT THE FAYEITTEVILIID TOWN CEII�TER EIXH1 Ell T EI "IIA BILE OF COYIIEN TIS DIVISION 00 — ARIOC URIEMEINA AND C CINTIRACTIING MEQU1REN HNT1S CIO 11 13 Irvilaliar to Hid CIO 21 13 Ir strucitior s to Hidc ers CIQ 41 0(1 Hid Form CIQ 52 0(1 Aguacirriar I Flarm Ilinciluc as Ger arad Corid iil ions) (ICI 61 13 Pouformamca arc FIM mcirt Hand (ICI 65 19 C antracitcm's Affic avit of I Rcilciasci of Liens (ICI 6 5 20 C an sar 1 of Sura N to Flinal PaN rricirrl 11IVISICIN (I I — GENEMAU REQUI14EMENTIS (I1 11 CIO SummarN afl Wauk 01 "1CI CIO Allowaruias O1 ,IS CIQ Submiltals and SubstitLtians O1 33 CIQ SubstitLtion Rciqucist Form O1 35 16 A ltarationi Pra'ciail Praaaduras O1 z51 CIQ Qualily Cartral 01 5CI CICI Tlami Faailiticis ar c C arrluals 01 7(I (ICI Exaeution and Claseaut Raquircimants O1 73 SISI Cutlirg ak Aatahing DIVISION 02 — B)41ST1ING C0NUITlIClT 9 Q2 41 1 SI Scilcicliue Durnalitian Q2 8�I 0(1 AsUastci3 PraciauIiaris and Praaacures C12 83 0(1 Load Hasec Pairit AueciaLtians DIVISICIN (13—CONCRE'IIE (Njoil Llaad; UIVISICIN (14 -- MASCINRIY ([Not Uscid UIVISION (IS — MH'DALS 05 41 CIQ Ligll l C auge Mcitad Framing DIMISI0N 0( — WOODS, PLA ST11C9, AND COMPCISITE9 0( 1 CI (ICI Rlou gh Cai D1'I191ON 07 — TIHHRM A L AND M CIISTIURE PRO NEC TIIOT Q7 9(l (ICI Jair I Pnatactian DIVISION Q8 — CIPEININC S CIO 41 13 A lumirium Endrariccis anc Silaraft•orts Table of Cani erts - 11 OF111C E REINOVA BONS AT THE FA YE TTE V1LME '1110AIN C EN'HER DIVISICIN CI9 — HIINISHES CI9 29 00 (Iq 51 00 (ISI (51 6 (ISI ( 81 d0 OSI SICI CIO G} r1su m Bland Acaustical Ceiling Reisilicint Haisc and Acacsscmicis C arpcit dila Paiml ing UNISION 1 _I AN D 1( : N EC HA.NICAL, ELECTRICAL 'flat la of Conit0nits al tuElinirnimg of sciatlicmis END CIF TABLE CIA C CINTENTS Table of C arntands - zl