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HomeMy WebLinkAbout159-19 RESOLUTIONOF FAYET�e w �S J1ua �� �It.. 9RKANS PS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 159-19 File Number: 2019-0355 BID #19-30 81 CONSTRUCTION GROUP, INC.: A RESOLUTION TO AWARD BID #19-30 AND AUTHORIZE A CONTRACT WITH 81 CONSTRUCTION GROUP, INC. IN THE AMOUNT OF $167,009.24 FOR CONSTRUCTION OF PARKING AND SIDEWALK IMPROVEMENTS AT GREGORY PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $16,700.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #19-30 and authorizes Mayor Jordan to sign a contract with 81 Construction Group, Inc. in the amount of $167,009.24 for construction of parking and sidewalk improvements at Gregory Park, and further approves a project contingency in the amount of $16,700.00. PASSED and APPROVED on 7/2/2019 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0355 Agenda Date: 7/2/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 11 BID #19-30 81 CONSTRUCTION GROUP, INC.: A RESOLUTION TO AWARD BID #19-30 AND AUTHORIZE A CONTRACT WITH 81 CONSTRUCTION GROUP, INC. IN THE AMOUNT OF $167,009.24 FOR CONSTRUCTION OF PARKING AND SIDEWALK IMPROVEMENTS AT GREGORY PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $16,700.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #19-30 and authorizes Mayor Jordan to sign a contract with 81 Construction Group, Inc. in the amount of $167,009.24 for construction of parking and sidewalk improvements at Gregory Park, and further approves a project contingency in the amount of $16,700.00. City of Fayetteville, Arkansas Paye 1 Printed on 713/2019 City of Fayetteville Staff Review Form 2019-0355 Legistar File ID 7/2/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Ken Eastin 6/7/2019 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Park and Recreation planning staff recommends approval of a contract with 81 Construction Group, Inc. of Siloam Springs, AR in the amount of $167,009.24 and a project contingency in the amount of $16,700 (approximately 10%) for a total cost of $183,709.24 for the construction of parking and sidewalk improvements at Gregory Park per Bid #19-30. 2250.520.9256-5806.00 Account Number 02013.1801 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? NA Budget Impact: Park Development Fund Gregory Park Improvements Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 184,627.00 $ 369.90 �$� 184,257.10 $ 183,709.24 $ 547.86 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Project cost associated with Bid #19-30. Approval Date: CITY OF - FAYETTEVILLE ARKANSAS \MEETING OF JULY 2, 2019 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director Ted Jack, Park Planning Superintendent FROM: Ken Eastin, Park Planner DATE: June 7, 2019 SUBJECT: Resolution to approve a contract with 81 Construction Group, Inc. of Siloam Springs, AR in the amount of $167,009.24 and a project contingency in the amount of $16,700 (approximately 10%) for a total cost of $183,709.24 for the construction of parking and sidewalk improvements at Gregory Park per Bid #19-30. RECOMMENDATION: Park and Recreation planning staff recommends approval of a contract with 81 Construction Group, Inc. of Gentry, AR in the amount of $167,009.24 and a project contingency in the amount of $16,700 (approximately 10%) for a total cost of $183,709.24 for the construction of parking and sidewalk improvements at Gregory Park per Bid #19-30. BACKGROUND: Gregory Park is a natural area located just west of College Avenue and south of Sycamore Street in the Northwest Park Quadrant. The land was deeded to the City of Fayetteville by the Veteran's Administration in 1964 for park and recreational purposes. The park included a nature trail, picnic pavilion, tables and gravel parking area. The Ozark Off -Road Cyclists began volunteering in Gregory Park to remove invasive species and improve the trail system in 2016. They rerouted the perimeter looped nature trail to improve drainage and minimize erosion. Assisted with a grant from the Walton Family foundation, the OORC contracted for the construction of two downhill gravity -flow mountain bike trails in the park. Additionally, they had a bicycle skills course and a concrete pump track installed in the northeast corner on the park. These facilities have already greatly increased the use of Gregory Park and this popularity is expected to continue. As a part of the Ozark Off -Road Cyclist's grant application, Parks and Recreation agreed to contribute to the project by making improvements to the existing gravel parking lot. The parking area is not currently ADA accessible and has several drainage issues that need to be corrected. In addition, access to the pavilion and the picnic area is also not accessible. Plans were prepared in-house through a combined effort between the City Park and Engineering Departments. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 With the available plans, the project was advertised for bids and contractor selection on December 7 and 14, 2018; however, all bids received exceeded available budget. Staff then re- worked the plans for a re -bid. The project was re -advertised on April 15th and 22,d with a final bid opening held on May 15 at 2 PM. At that time, six bids were opened with 81 Construction Group being the low bidder. DISCUSSION: The requested contract with 81 Construction Group will authorize the construction and paving of a new parking lot at Gregory Park as well as improvements to ADA accessibility, the picnic pavilion, and the picnic area adjacent to the parking lot and trails at Gregory Park. BUDGET/STAFF IMPACT: Funding for this project is available in project 02013.1801, Gregory Park Improvements. Attachments: Contract Agreement between City and 81 Construction Group Certified Bid Tabulation 81 Construction Group Bid Submittal Gregory Park Parking Improvement Plans CITY OF FAYETTEVILLE 94W ARKANSAS +tq CONTRACT AGREEMENT — BETWEEN CITY AND CONTRACTOR PROJECT: BID 19-30 GREGORY PARK PARKING LOT AND SITE IMPROVEMENTS THIS AGREEMENT, made and entered into on the day of 12019, by and between 81 Construction Group, Inc., herein called the CONTRACTOR, and the City of Fayetteville, Arkansas, hereinafter called the OWNER: OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents included in Fayetteville Bid #19-30. The Work generally consists of: re -construction and concrete surfacing of an existing parking lot, construction of walks, ramps, boulder work, infiltration basin, related improvements, drainage and site work located at Gregory Park, off West Sycamore Street, and all items indicated in the Drawings and Specifications. Article 2. PROJECT MANAGER The Parks and Recreation Department, with assistance from other departments, is responsible for project management. The Project Manager for the parks department is: Ted Jack, Park Planning Superintendent City of Fayetteville Parks and Recreation Department 1455 South Happy Hollow Road Fayetteville, Arkansas 72701 and will hereinafter be called PARKS AND RECREATION DEPARTMENT PROJECT MANAGER and who is to act as CITY OF FAYETTEVILLE's representative, assume all duties and responsibilities, and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract documents. The city can change the Project Manager at anytime. Article 3. CONTRACT TIME The Work for construction of Gregory Park Parking Lot and Sidewalk Improvements shall be substantially completed within 110 consecutive calendar days after the date when the Contract Time commences to run as provided in the General Conditions. M,liling Address 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville. AR 72701 Article 4. CONTRACT PRICE The OWNER agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by PROJECT MANAGER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by PROJECT MANAGER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by PROJECT MANAGER, on or about the 1st day of each month during construction as provided in paragraphs 5. 1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, less the aggregate of payments previously made and less such amounts as PROJECT MANAGER shall determine, or OWNER may withhold, in accordance with the General Conditions. Payments will be made for 95 percent of Work completed with the balance of 5 percent being retainage. If Work has been 50 percent completed as determined by the PROJECT MANAGER, and if the character and progress of the Work have been satisfactory to PROJECT MANAGER, OWNER, on recommendation of PROJECT MANAGER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to OWNER as provided in the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as PROJECT MANAGER shall determine, or OWNER may withhold, in accordance with the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by PROJECT MANAGER as provided in said General Conditions. Article 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has examined and carefully studied the Contract Documents and other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in the General Conditions. CONTRACTOR accepts the determination set forth in the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and PROJECT MANAGER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by PROJECT MANAGER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 7.1. This Agreement 7.2 Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed b. Contractor's Bid C. Documentation submitted by Contractor prior to Notice of Award 7.3 Performance, Payment and other Bonds 7.4. Certificates of Insurance 7.5. Documentation submitted by CONTRACTOR prior to Notice of Selection 7.6. General Conditions 7.7. Supplementary Conditions 7.8. Specifications consisting of divisions and sections as listed in table of contents thereof. 7.9. Addenda number 1 7.10 One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered two through nine with each sheet bearing the following general title: Gregory Park Parking Lot and Site Improvements. 7.11. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 8. MISCELLANEOUS 8.1. Terms used in the Agreement which are defined in the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. The Owner will not agree to be forced to mediate or arbitrate any dispute. 8.7. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 8.8. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18- 44-501 through 508) prohibits the filing of any mechanics' or materialmen's liens in relation to this public construction project. Arkansas law requires, and the Contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment of labor or materials on the bond. The Contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF, the City of Fayetteville and the Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Contractor and one counterpart has been delivered to the City of Fayetteville. CONTRACTOR: 81 Construction Group, Inc Siloam Springs, AR 72761 By: IELc.a� (Type or legibly print) (Signature) Title: PIZ-t-- Attest: L_ a¢,scg E, K�It,Jr (Type or legibly print) CITY OF FAYETTEVILLE By: Lioneld Jordan ature) Title: By: Sondra Smith Attest: ✓ Attest: f -ti (Signature) (Signature) ���G�ERK / v• G. Title: y : FAVE � �2;� ±�,-t- Title: City Clerk •:�: Contractor shall attach evidence of authority to sign. If Contractor is a corporation, cAtt G������` entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy from the Arkansas State Secretary of State to document that the corporation, corporate entity or LLC is in Current "Good Standing" with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas. W, 0 0 rn uj 0 W t4 u LL 4C PLt z a w K 8 pK "8 O US v O ci e l3i 8 8 E z .2 2 Z5 a E l' a. u% t9 N At Ile I'd Tl a -4 Q O 1 oil i- ii i -I: GRANITE RE, INC. Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we 81 Construction Group, Inc. as principal, hereinafter called the Principal, and Granite Re, Inc., 14001 Quailbrook Drive, Oklahoma City, OK 73134 a corporation duly organized under the laws of the State of Oklahoma as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fayetteville as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Bid Amount, Dollars ($ 5% of Bid Amount ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Project: Gregory Park Parking Lot Rebid Bid Date: 05/15/2019 The conditions of this Bond are such that if the Obligee accepts the bid of the Principal within the time specified in the bid documents or within such time period as may be agreed to by the Obligee and Principal, and the Principal either (1) enters into a contract with the Obligee in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Obligee, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Obligee the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perforin the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Obligee and Principal to extend the time in which the Obligee may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids, and the Obligee and Principal shall obtain the Surety's consent for an extension beyond sixty (60) days. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 7th day of May 2019 81 Construction Group, Inc. Wit ss Title (Seal) Granite Re, Inc. e-4 �Iowl,- , ew ff,-� -. tom to `act Bi Eugene Bennett, Jr. (Seal) GR0614-2 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: PAT A. GIRARD; BILLY EUGENE BENNETT 1R.; ADRIAN W. LUTTRELL; DANNY LEE SCHNEIDER, MICHAEL ADRIAN LUTTRELL; JACQUE L. LINDSEY its true and lawful Attorney -in -Facts) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: PAT A. GIRARD; BILLY EUGENE BENNETT JR.; ADRIAN W. LUTTRELL; DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL; JACQUE L. LINDSEY may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 141h day of June, 2017. ,iL NE STATE OF OKLAHOMA ) s F.s 1' ) SS: COUNTY OF OKLAHOMA ) Kenneth D. Whittington, President Kyle P. MCDonAd, Treasurer On this 141h day of lune, 2017, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: " August 8, 2021 , Commission 4:01013257 Notar Public GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WH�{}p�EOF, the undersigned h 5 subscribed this Certificate and affixed the corporate seal of the Corporation this day of l41 j 20 ?4, ti F A 1, Kyle P,4IcDonald, Secretary/Treasurer GRO800-1 CITY OF V RM FAYETTEVIILLE ARKANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) x I In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual x addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid FX I price. Total base bid should be calculated in the provided space. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with F_x] submitted bid documents All bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline x on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. City of Fayetteville, AR Purchasing Division —Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME: 81 Construction Group, Inc. ARKANSAS CONTRACTORS LICENSE NUMBER: City of Fayetteville, AR Bid 19-30, Construction —Gregory Park Parking Lot Rebid Page 3 of 70 #0366420520 City of Fayetteville Bid 19-30, Construction — Gregory Park Parking Lot Rebid Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 19-30, Construction - Gregory Park Parking Lot Rebid The City of Fayetteville is accepting bids from properly licensed and authorized firms for the concrete surfacing of an existing parking lot, construction of walks, ramps, and related improvements. Questions should be addressed to Les McGaugh, Purchasing Agent at IrncgauAh@fayetteviile-ar.gq or by calling (479) 575-8220. All bids shall be submitted in a sealed envelope or package labeled with the project name and/or description. All bids shall be received by Wednesday May 15, 2019 before 2:00 PM, local time at the City of Fayetteville, Purchasing Division address listed below. A public bid opening will be conducted shortly after the deadline at City Hall. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Bidding documents and plans shall be obtained by the City of Fayetteville Purchasing Division electronically. No partial sets shall be issued. Plans may also be reviewed only at the Fayetteville Purchasing Division. Addendums and updated plan holder listings will be posted on the City's website at http://fayetteville-ar.gov/bids . All vendors intending on bidding SHALL register as a plan holder by notifying Les McGaugh, via e-mail. When registering as a plan holder, vendors shall submit primary contact information including name of contractor, primary contact, phone number, fax number, and physical address. FAILURE TO REGISTER AS A PLAN HOLDER CAN RESULT IN YOUR BID BEING REJECTED. A non -mandatory Pre -Bid meeting will be held Tuesday April 23, 2019 at 10:00 AM at Gregory Park 69 East Sycamore Street, Fayetteville, AR. All interested parties are encouraged to attend. Each bid shall be accompanied by a cashier's check from a bank doing business in the State of Arkansas or a corporate bid bond in an amount not less than five (5) percent of the amount bid. A one hundred percent (100%) performance and payment bond is required with the contract awarded and shall be file marked by the Washington County Circuit Clerk's Office upon receipt to the City. A State of Arkansas Contractor's License is required for all bid and license shall be valid at the time of bid deadline. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period of time which shall not exceed beyond sixty (60) days from the bid opening date. City of Fayetteville By: Les McGaugh, Purchasing Agent P: 479.575.8220 Email: Inicgaufgettt�vilie-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 4.15.19 and 4.22.19 City of Fayetteville, AR Bid 19-30, Construction —Gregory Park Parking Lot Rebid Page 4 of 70 City of Fayetteville Bid 19-30, Construction - Gregory Park Parking Lot Rebid Bid Form NOTE TO BIDDER: Please use BLACK ink for completing this Bid Form. Contract Name: Gregory Park Parking Lot and Site Improvements Bid Number: 19-30 BID TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 N -111 =129M Bidder Information: 81 Construction Group Inc. P.O. Box 844 Siloam Springs, AR 72761 Arkansas Contractor #0366420520 INTENT The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. TERMS AND CONDITIONS Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of the Owner's Notice of Award. City of Fayetteville, AR Bid 19-30, Construction — Gregory Park Parking Lot Rebid Page 5 of 70 BID FORM Continued BIDDER'S REPRESENTATIONS In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date Addendum #1 May 7, 2019 Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Bidder has carefully studied: (1) all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Landscape Architect do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities and/or utilities at or contiguous to the Site. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. City of Fayetteville, AR Bid 19-30, Construction — Gregory Park Parking Lot Rebid Page 6 of 70 G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Bidder has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Owner is acceptable to Bidder. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; an Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. L. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. BID PRICE Bidders are required to provide pricing for all line items. Failure to provide pricing for all line items can result in bid rejection. Unit price prevails in calculation errors made by the bidder. The Owner intends to award this contract to the lowest qualified responsive responsible bidder based on the evaluation of the sum of the total base bid. The Owner reserves the right to waive irregularities, reject bids, choose the most qualified bidder for the Project, and to postpone award of the Contract for a period of time which shall not exceed beyond 90 days from the bid opening date. Unit Key: L.S. = Lump Sum C.Y. = Cubic Yard L.F. = Linear Feet S.F. = Square Feet S.Y. = Square Yard BID FORM Continued City of Fayetteville, AR Bid 19-30, Construction — Gregory Park Parking Lot Rebid Page 7 of 70 In no case shall the amount bid for the item of "mobilization" exceed 5% of the total contract amount for all items listed in the proposal or bid. Should the amount entered into the proposal or bid for this item exceed 5%, the bid shall be rejected. All funds for the total project shall be shown in the Item numbers below. Bidder shall complete the Work in accordance with the Contract Documents for the following price(s): Item H Description Unit Quantity Unit Price Total Price 1 Mobilization (Not to Exceed 5% of Total Bid) L.S. 1 $7,721.19 $7,721.19 2 Bonds and Insurance L.S. 1 $4,864.35 $4,864.35 Site Preparation and Erosion Control - Complete in Place Including Tree Protection Fencing, sediment L.S. 1 3 fencing, and other erosion control measures, tree $16,412.00 $16,412.00 removal and other demolition. 4 Parking Lot - 4" of New Base Material (SB2) C.Y. 105 $52.00 $5,460.00 (118'x43'x4" = 63 C.Y.) Parking Lot — All base work, concrete flatwork and L.S. 1 5 curbs, stripping, bollards, HC sign, and drainage chute. $59,805.00 $59,805.00 6 Stained Mountain Bike in entry apron L.S. 1 $3,500.00 $3,500.00 Concrete Curb along Service Drive Curb from chute to 7 existing north curb (-461f) and Concrete Curb from L.F. 104 $18.00 $1,872.00 Chute south to new drive curb (-581f) Retention Treatment System (Infiltration Basin) all 8 work (note this reduces the amour: of concrete L.S. i $4,290.00 $4,290.00 necessary for the parking lot) 9 Pavilion Walk -Concrete Work S. F. 525 $15.00 $7,875.00 10 Pavilion Walk - Steel Handrails L. F. 144 $125.00 $18,000.00 11 Boulder Field L.S. 1 $8,800.00 $8,800.00 12 Concrete walks from Parking Lot to west side of picnic S. F. 390 $11.00 $4,290.00 table walk Concrete walk from west end of walk to picnic table 13 area to Oval including Oval sitting area and rock work. S.F. 540 $11.18 $6,037.20 See Sheet L9 14 HC Picnic Table, slab, S' long connecting walk, stone L.S. 1 $7,358.00 $7,358.00 work and all other related work 15 Kiosk area including DG, Rock Work, and Bench, but L.S. 1 $3,740.00 $3,740.00 not Concrete. 16 All Sod Work S.Y. 350 $9.67 $3,384.50 17 Tree Plantings - All Work Each 6 $600.00 $3,600.00 TOTAL BASE BID: One hundred sixty seven thousand nine dollars and twenty four cents Dollars ($ 167,009.24 City of Fayetteville, AR Bid 19-30, Construction —Gregory Park Parking Lot Rebid Page 8 of 10 BID FORM Continued DEDUCTIVE ALTERNATES Acceptance of Alternate Bids is at the City of Fayetteville's discretion, as best serves the City of Fayetteville's interest. The price of the Bid for each alternate will be the amount to be deducted from the price of the Total Base Bid if the City of Fayetteville selects any of the alternates. Alternates must be taken in order of listing below. The unit price amount for each alternate shall be the same as the unit price amount listed in the Total Base Bid. (Vote: Deduct Prices Must Match Item Prices Above Item # Description Unit Quantity Unit Price Total Price Stained Mountain Bike in entry apron (Item #6) L.S. 1 $3,500.00 $3,500.00 Concrete Curb Chute to new drive (58' from item #7) L.F. 58 $18.00 $1,044.00 DA -1 RTS Basin (Item 48) Note: RTS basin area will be concrete surface if this Deduct Alternate is accepted. L.S. 1 $4,290.00 $4,290.00 Pavilion Walk - Concrete Work (Item #9) S. F, 525 $15.00 $7,875.00 DA -2 Pavilion Walk - Steel Hand Rails (Item #10) L. F. 144 $125.00 $18,000.00 Boulder Field (Item #11) L.S. 1 $8,800.00 $8,800.00 DA -3 Concrete walk from west end of walk to picnic table area to Oval including Oval sitting area and rock work. (Item #13) S. F. 540 $11.18 $6,037.20 TOTAL BID AMOUNT WITH DEDUCTIVE ALTERNATES: One hundred seventeen thousand four hundred sixty three dollars and four cents Dollars ($ 117,463.04 1 NOTICE: FAILURE TO PROVIDE DEDUCTIVE ALTERNATE PRICING CAN RESULT IN BID BEING REJECTED. CONTRACT TI M ES Bidder agrees that the Work will be substantially completed and ready for final payment within the number of calendar days indicated in the Agreement. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. BID CONTENT The following documents are attached to and made a condition of this Bid: City of Fayetteville, AR Bid 19-30, Construction—Gregory Park Parking Lot Rebid Page 9 of 70 A. Required Bid security in the form of a cashier's check from a financial institution located in the State of Arkansas or a Bid Bond in the amount of: Eight thousand three hundred fifty dollars and forty six cents�$ 8,350.46 Dollars A tabulation of Subcontractors and other persons and organizations are required to be identified in this Bid. C. A tabulation of Suppliers/Vendors and other persons and organizations are required to be identified in this Bid. SUBCONTRACTORS No Bid shall be based upon an aggregate of Subcontractors performing more than 50 percent of the total Work. The Bidder further certifies that proposals from the following subcontractors were used in the preparation of this Bid; and if awarded a contract, Bidder agrees not to enter into Contracts with others for these divisions of the Work without written approval from the Owner. Bidder certifies that all Subcontractors listed are eligible to perform the Work. TBD Subcontractor Subcontractor's Division of Work Subcontractor's Percentage of Work Arkansas Contractor License # Street Address, City, State, Zip Code Subcontractor Subcontractor's Division of Work Subcontractor's Percentage of Work City of Fayetteville, AR Bid 19-30, Construction — Gregory Park Parking Lot Rebid Page 10 of 70 Subcontractor Subcontractor's Division of Work Subcontractor's Percentage of Work Arkansas Contractor License # Street Address, City, State, Zip Code Subcontractor Subcontractor's Division of Work Subcontractor's Percentage of Work Arkansas Contractor License # Arkansas Contractor License # Street Address, City, State, Zip Code Street Address, City, State, Zip Code SUPPLIERS/VENDORS The Bidder shall list the suppliers/vendors from which products and materials for this Project will be purchased. The successful Bidder shall provide the Owner an updated list of suppliers/vendors before construction of the Project. TBD Supplier/Vendor Name Supplier/Vendor Name Product Product Street Address, City, State, Zip Code Street Address, City, State, Zip Code Phone Number Phone Number Supplier/Vendor Name Supplier/Vendor Name Product Product Street Address, City, State, Zip Code Street Address, City, State, Zip Code Phone Number Phone Number COMMUNICATIONS Communications concerning this Bid shall be addressed to the Bidder as follows: Contact Person Name: Rome Wesson Telephone Number: (479) 935-0381 City of Fayetteville, AR Bid 19-30, Construction —Gregory Park Parking Lot Rebid Page 11 of 70 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 4. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 5. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. X 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926—Subpart P — Excavations. 9. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. City of Fayetteville, AR Bid 19-30, Construction — Gregory Park Parking Lot Rebid Page 12 of 70 b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: 81 Construction Group, Inc. Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name 81 Construction Group, Inc. *BUSINESS ADDRESS: P.O. Box 844 *CITY: Siloam Springs *STATE: AR *ZIP: 72761 *PHONE: (479) 524-6691 FAX: (479) 524-6692 *E-MAIL: 81 construction a�gmail.com *BY: (PRINTED NAME) Jeremy Wesson *AUTHORIZED SIGNATURE: �" �r *TITLE: President DUNS NUMBER: 100338145 CAGE NUMBER: *TAX ID NUMBER: 82-1574608 Acknowledge Addendums: Addendum No. #1 Dated: 5-7-19 Acknowledged by: Rome Wesson Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: City of Fayetteville, AR Bid 19-30, Construction — Gregory Park Parking Lot Rebid Page 13 of 70 ueld adeospuel pue poS S1N3W3A08dW1311S 0NV 101 JNI)IdVd y o AaaoH s ss i u01jneJDad pun S�Jnd 4 sg4 a1 Ins t py o Wit - n :-,Hv W IIa G PY u 8-3 RH3i IN �a`sn Sip �o Art." = J= JA0 19 Sa J1 J 21 J$ WH9 0 v m3 w�$ w os wa 28 Ea w�yg � 008 Lw" w- ffiF$mwg of W F='m==N= y�3gs <a�o8 8m R Z s3wog$ag`���.o�a S U) lk apiM £ Y w 3 Oo000;�� apM'9 i aPM.9 U � Y 3 ` 0 yyritab[g„ 0�� Y-k�YTiz_ y—d CSO-' dy a 3 � NOL y h� isi X t O y N d C O a — mo �€f � i r l��=1 R t d y y �L SFY yS Y Y ~ N O. . 3xao O N Tc aO A3 OD OO y y V— y 0 LLE O N V7 a H COVOL_ cu OL- _O O N w .d. O y V ZCOOa S yyritab[g„ Y-k�YTiz_ Y h� isi X t i �€f � i r l��=1 R yp Ir SFY yS Y ............. ........ ....... .... ........................... ._.__._.-.._...._.._................. _....................... __.................. _._'-•____- .......... ......_.__ 6MP 6LOZ 91 l P001d 6wHlOd ,OO6alO YIY GC:9 6LOZ V 4WOY1 wOp024L '„aop City of Fayetteville Staff Review Form 2019-0633 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Ted Jack, Park Planning Superintendent 11/14/2019 Change Order #2 to Gregory Park Parking Lot with 81 Construction Group, Inc. PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of Change Order #2 to Contract #2019-00000029 Gregory Park Parking Lot and Site Improvements, with 81 Construction Group, Inc. for the addition of 300 square yards of sod. Budget Impact: 2250.520.9256-5806.00 Park Development Account Number Fund 02013.1801 Gregory Park Improvements Project Number Project Title Budgeted Item? Yes Current Budget $ 184,627.00 Funds Obligated $ 179,600.51 Current Balance $ 5,a0 6,49 Does item have a cost? Yes Item Cost $ 2,901.00 Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20180321 Purchase Order Number: 2019-00000563 Previous Ordinance or Resolution # 159-19 Change Order Number: 2 Original Contract Number: 2019-00000029 Approval Date: 11/22/19 Comments: Fescue sod was an item on the bid tab with a value of $9.67 per square yard. (300sy x $9.67 = $2901.00) CITY OF FAYETTEVILLE 14'W ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff Connie Edmonston, Parks Director FROM: Ted Jack, Park Planning Superintendent DATE: November 13. 2019 STAFF MEMO SUBJECT: Approval of Change Order #2 to Contract #2019-00000029 Gregory Park Parking Lot and Site Improvements, with 81 Construction Group, Inc. for the addition of 300 square yards of sod. RECOMMENDATION: Staff recommends approval of Change Order #2 to Contract #2019-00000029 Gregory Park Parking Lot and Site Improvements, with 81 Construction Group, Inc. for the addition of 300 square yards of sod. BACKGROUND: Fayetteville Parks and Recreation has contracted with 81 Construction Group, Inc. of Siloam Springs for the construction of a parking lot and other associated site improvements at Gregory Park. The improved parking lot will accommodate 12 cars including one van -accessible space and have LID features. Additional site improvements include construction of new sidewalks to access the trails and an existing pavilion, construction of a `boulder field" to provide an informal seating and gathering area, construction of a kiosk "pad" for trail sign and bench, and construction of an ADA picnic table pad. The construction of this parking lot and associated improvements is a grant -match commitment made by Parks in conjunction with a Walton Family Foundation grant acquired by the Ozark Off - Road Cyclists to improve the existing trail, build new trails, and provide bicycle skills improvement facilities. DISCUSSION: The construction contract change order is requested for the following reasons: • Rock work and site impacts required more areas for sod than were anticipated. Additional areas of sod were needed to prevent erosion and provide use areas for park patrons around the accessible picnic table. Fescue sod was an item on the bid tab with a value of $9.67 per square yard for a total of 300sy x $9.67 = $2901.00. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The original contract with 81 Construction Group was approved for a total of $167,009.24 with an approximately 10% project contingency amount of $16,700 for a total of $183,709.24. The total cost of Change Order #1 was $2,799.53. The total cost of Change Order #2 is $2,901.00 and is covered within the remaining contingency budget. Attachments: SRF Change Order #2 Resolution #159-19 Mailing Address: 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 CITY OF ARKANSAS CHANGE ORDER NO. 2 Cost Plus Pre -Agreed Unit Price X Project Name and Number: Gregory Park Improvements. #02013-1801 Name of Contractor: 81 Construction Group, Inc. Address of Contractor: P.O. Box 844. Siloam Springs AR 72761 _ Date of Contract: July 29, 2019 Original Contract Sum: ................................................................. $167,00924 Total Amount of All Previous Approved Change Orders: ................... $2799.53 Contract Sum prior to this Change Order: ..... ....... ........... $169,808.77 Contract Sum increase this Change Order-... ... .. .... ....... ............. $2,901.00 New Contract Sum including this Change Order- . .......... ...... $172,709.77 Subject and Reason for this Change Order: Staff is requesting approval for the following changes: 1) Additional 300 square yards of sod ($9.67 unit cost x 300sy = $2901.00) 2) The additional Fescue sod was needed due to greater site impacts and rock work needed for the project, to prevent erosion, and provide use areas for park patrons around the accessible picnic table. Additional Time Requested: 0 Calendar Days Dated this day of November, 2019 81 CONSTRUCTION GROUP INC. Contractor By p Title: 1 Ra,'Lc, i�.AO.WggEp Attest:_R Title: 4�eEs;.1►— Page One of Two Mailinq Address: 113 W. Mountain Street www-fayetteville ar.gov Fayetteville. AR 12101 CITY OF FAYETTEVILLE Parks and Recreation Department By: /��� Ted Ja ark Planning Superintendent CITY OF F ,ETTEVIL E / Admin istrai i Attest: ptu�nr►►►►�� 3\_ERK/T C,17— Title: f4a= e�F %yam ••:gIVS PS .•• 81 Construction Group, Inc P.O. Box 844 Springs, AR 72761 Phone: (479) 524-6691 Fax: (479) 524-6692 ATTN : Ken Eastin COMPANY: City of Fayetteville 113 W. Mountain Street Fayetteville Arkansas 72701 WE ARE SENDING YOU THE FOLLOWING ITEMS: ❑ SHOP DRAWINGS ❑ PRINTS ❑ SUBMITTAL ❑ CHANGE ORDER Siloam LETTER OF TRANSMITTAL JOB NUMBER: 19-30 ATTENTION : Ken Eastin/ Park Planner IRE: Gregory Park Parking Lot Rebid 0 ATTACHED ❑ UNDER SEPARATE COVER VIA: ❑ SAMPLES SUBCONTRACTS COPIES DATE NUMBER DESCRIPTION 2 2 7/11/2019 Original Performance & Payment Bond w/ Washington County file # B036-00000093 Insurance Certificate 7n1/2019 THESE ARE TRANSMITTED AS CHECKED BELOW: ❑X FOR APPROVAL ❑ APPROVED AS SUBMITTED ❑X FOR YOUR USE ❑ APPROVED AS NOTED ❑X AS REQUESTED ❑ RETURNED FOR CORRECTIONS ❑ FOR FRAME COLOR SELECTION ❑ FOR BIDS DUE: REMARKS: COPY TO: ❑ RESUBMIT —COPIES FOR APPROVAL ❑ SUBMIT _ COPIES FOR DISTRIBUTION ❑ RETURN _ CORRECTED PRINTS THANK YOU, Larry Kichline 81 Construction Group Inc 479 841-0025 F Granite Re, Inc. Performance Bond CONTRACTOR: 81 Construction Group, Inc. PO Box 844 Siloam Springs, AR 72761 OWNER: City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 CONTRACT: Date: Amount: $167,009.24 Description: Bid 19-30 Gregory Park Parking Lot and Site Improvements BOND: Bond#: GRAR44428 Date: Amount :$167,009.24 Modifications to this Bond: ZNo CONTRACTOR AS PRINCIPAL 81 Construction Group, Inc. Signatur :� U..�e YGcS�LXr1T Name and itle: 2. GR0614-16 SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Doc ID: 018680950007 Type: LIE Kind: PERFORMANCE BOND Recorded: 07/10/2019 at 01:19:52 PM Fee Amt: $45.00 Pape i of 7 Washinqton County, AR Kyle Sylvester Circuit Clerk FileB036-00000093 RYes, see last page SURETY Granite Re, Inc. 4Billy Signature:Vt,Name and Titlegen ennett, Jr. Attorney -in -Fact The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conference; as provided in Subparagraph 3.1. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall within reasonable promptness and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .l After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety, demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner releases the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within one year after Contractor Default or within one year after the Contractor ceased working or within one year after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be GR0614-16 deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 13. Principal: The individual or entity named and listed under the section of this bond titled Contractor. The entity or individual named as Contractor is not assignable. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Signature: Name and Title: GR0614-16 Signature: Name and Title: Granite Re, Inc. Payment Bond CONTRACTOR: 81 Construction Group, Inc. PO Box 844 Siloam Springs, AR 72761 OWNER: City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 CONTRACT: Date: Amount: $167,009.24 Description: Bid 19-30 Gregory Park Parking Lot and Site Improvements BOND: Bond#: GRAR44428 Date: Amount : $167,009.24 SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 Modifications to this Bond: F,/]No E]Yes, see last page CONTRACTOR AS PRINCIPAL SURETY 81 Construction Group, Inc. Granite Re, Inc. c Signature: r. _ y rcc- ?,Q6S ZDtAJ'r- Signature: �IiLQ i Name and/Title: Name and Tit e: Billy gene Bennett, Jr. Attomey-in-Fact The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, Successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, or suits by any person or entity whose labor, materials or equipment were furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, or suits and tendered defense of such claims, demands, or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. GR0614-15 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. Within a reasonable period of time after the claimant has satisfied the conditions of Paragraph 4 and after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed and earned amounts. These amounts shall only be paid if previously certified by the Architect or Engineer and paid to Contractor by Owner. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as provided under this Bond. 6. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 7. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 8. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 9. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by Claimant or the last materials or equipment were furnished by Claimant under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. GR0614-15 11. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 12. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 13. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 14. DEFINITIONS 14.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone, service or rental equipment used in the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 14.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 15. Principal: The individual or entity named and listed under the section of the bond titled "Contractor". This individual or entity is not assignable. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Signature: Name and Title: GR0614-15 Signature: Name and Title: GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: PAT A. GIRARD; BILLY EUGENE BENNETT JR.; ADRIAN W. LUTTRELL; DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL; JACQUE L. LINDSEY its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: PAT A. GIRARD; BILLY EUGENE BENNETT JR.; ADRIAN W. LUTTRELL; DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL; JACQUE L. LINDSEY may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 14th day of June, 2017. P�ITE RE iy Kenneth D. Whittincyron, President — SE.A L STATE OF OKLAHOMA ) — ) SS: COUNTY OF OKLAHOMA ) Kyl P. McDonald, Treasurer On this 14th day of June, 2017, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. L �S My Commission Expires August 8, 2021 = - �Tf Commission #: 0101 3257 Notak Public GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, vtthe undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this -�O`��ay of-_i[AZE------- , 20---19 p�,TE RE iH S E A L Kyle P. McDonald, Secretary/Treasurer GR0800-1 j I Ll I J 1, J I - I j 7- 11 !1 1 Z , 1 I A J 11 7� J i 7:-' ff I "I J 1 1 1 lI j I I E "I Ij j I j J 11 ij j � p - -; .';� ':.�I �;i_=--=�,li='J --�' =I - .J'I--- Il- J,= _='�I�__ ,�'k_,lii]��1'�'J _'IJJ:-.';]]-> >� R1 CC;R-1 OP ID- DM ACORD° CERTIFICATE OF LIABILITY INSURANCE �•�' DATE(MM/DD/YYYY) 07/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 479-306-4677 Walker Bros. Insurance, Inc. P.O. Box 7570 CONTA NAME:CT Gene Bennett PHONE 479-306-4677 FAX 479-306-5110 (A/C, No, Ext): (A/C, No AAR"ESS'Gene@walkerbr.com Springdale, AR 72766-7570 Gene Bennett 07/12/2019 07/12/2020 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Technology Insurance Co. 236115 MED EXP (Any oneperson) $ 5,000 INSURED 81 Construction Group, Inc. LaryBoxl 844ne & Jeremy Wesson INSURER 8: Cincinnati Insurance Co. 10677 INSURER C : INSURER D: Siioam Springs, AR 72761 INSURER E: B INSURER F: LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR ENP0447433 07/12/2019 07/12/2020 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED 100,000 a occurrence) $ MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- ❑LOC JE CT POTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 B AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY ENP0447433 07/12/2019 07/12/2020 COMBINED ident,SINGLE LIMIT $ 1,000,000 BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE ENP0447433 07/12/2019 07/12/2020 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED I I RETENTION $ A WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE i y iN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below / A TARAR0972001 08/03/2018 08/03/2019 PER OTH- STATUTE FFZ E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT 500,000 B Rented Equipment ENP0447433 07/12/2019 07/12/2020 100,000 Limit 1,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) City of Fayetteville Parks & Recreation Department 1455 South Happy Hollow Road Fayetteville, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Granite Re, Inc. Performance Bond CONTRACTOR: 81 Construction Group, Inc. PO Box 844 Siloam Springs, AR 72761 OWNER: City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 CONTRACT: Date: Amount: $167,009.24 Description: Bid 19-30 Gregory Park Parking Lot and Site Improvements BOND: Bond#: GRAR44428 Date: Amount : $167,009.24 Modifications to this Bond: ZNo CONTRACTOR AS PRINCIPAL 81 Construction Group, Inc. Signature: VT CC las O& -r- Name and Ti e: 2. GR0614-16 SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 0 Yes, see last page SURETY Granite Re, Inc. Signature: Name and Title: Bill Eugen ennett, Jr. Attorney -in -Fact The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conference; as provided in Subparagraph 3.1. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall within reasonable promptness and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety, demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner releases the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within one year after Contractor Default or within one year after the Contractor ceased working or within one year after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be GR0614-16 deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 13. Principal:The individual or entity named and listed under the section of this bond titled Contractor. The entity or individual named as Contractor is not assignable. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Signature: Name and Title: GR0614-16 Signature: Name and Title: Granite Re, Inc. Payment Bond CONTRACTOR: 81 Construction Group, Inc. PO Box 844 Siloam Springs, AR 72761 OWNER: City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 CONTRACT: Date: Amount: $167,009.24 Description: Bid 19-30 Gregory Park Parking Lot and Site Improvements BOND: Bond#: GRAR44428 Date: Amount : $167,009.24 Modifications to this Bond: ZNo CONTRACTOR AS PRINCIPAL 81 Construction Group, Inc. Signature:Se�V�c� Name and itle: 3. GR0614-15 SURETY: Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 F]Yes, see last page SURETY Granite Re, Inc. Signature: Name and Title: Billy ugene ennett, Jr. Attorney -in -Fact The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, Successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, or suits by any person or entity whose labor, materials or equipment were furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, or suits and tendered defense of such claims, demands, or suits to the Contractor and the Surety, and provided there is no Owner Default. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. Within a reasonable period of time after the claimant has satisfied the conditions of Paragraph 4 and after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed and earned amounts. These amounts shall only be paid if previously certified by the Architect or Engineer and paid to Contractor by Owner. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as provided under this Bond. 6. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 7. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 8. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 9. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by Claimant or the last materials or equipment were furnished by Claimant under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. GR0614-15 11. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 12. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 13. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 14. DEFINITIONS 14.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone, service or rental equipment used in the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 14.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 15. Principal: The individual or entity named and listed under the section of the bond titled "Contractor". This individual or entity is not assignable. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Signature: Signature: Name and Title: Name and Title: GR0614-15 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: PAT A. GIRARD; BILLY EUGENE BENNETT JR.; ADRIAN W. LUTTRELL: DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL; JACQUE L. LINDSEY its true and lawful Attorney-in-Fact(s) for the following purposes, to wait: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: PAT A. GIRARD; BILLY EUGENE BENNETT JR.; ADRIAN W. LUTTRELL; DANNY LEE SCHNEIDER; MICHAEL ADRIAN LUTTRELL; JACQUE L. LINDSEY may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 14th day of June, 2017. PµRE RE. Vp �paurt.,, 'tp Kenneth D. Whitting -on, President S E A L STATE OF OKLAHOMA ) — roM� ) SS: _ COUNTY OF OKLAHOMA ) Kyl P. McDonald, Treasurer On this 14th day of June, 2017, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. <t r� i My Commission Expires: August 8, 2021 "y Commission #: 0101 3257 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 10th day of July---------- , 20----19 ,TE RE vP�no P �c SEAL /Z Kyle P! McDonald, Secretary/Treasurer GRO800-1 I j j i A 1 11 j j i I J j if 1, 1 11 I LI 11 i J 1J j j I j i J J ii j I J I if I I I J i I I;IJ�JJ1 '1J 71 ij J I I �.•�. a01r czR_4 np In- nee ACORD" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 479-306-4677 Walker Bros. Insurance, Inc. P.O. Box 7570 Springdale, AR 72766-7570 CONTACT Gene Bennett NAME: PHONE 479-306-4677 FOX 479-306-5110 (A/C, No, Ext): (AIC, No): E-MAIL - ADDRESS: Gene@walkerbr.com Gene Bennett 07/12/2020 EACH OCCURRENCE $ 1,000,000 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Technology Insurance Co. 236115 INSURED 81 Cryonstruction Group, Inc. PO 6oxi ox 844 & Jeremy Wesson. Siloam Springs, AR 72761 INSURER B: Cincinnati Insurance Co. 10677 INSURER C : INSURER D: INSURER E: B INSURER F: LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED ONLY X AUTOS ONLY nnVFRAnlPt ftFRTIFIr]ATF NI IMRFR• RFVICInN NI IMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRTYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF MM/DD1YYYY1 07/12/2019 POLICY EXPMIDDYYY1 (M LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX� OCCUR Fayetteville, AR 72701 ENP0447433 07/12/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 a occurrence) $ MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 B AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED ONLY X AUTOS ONLY ENP0447433 07/12/2019 07/12/2020 COMBII aEeD SINGLE LIMIT $ 1,000,000 BODILY INJURY Perperson) $ BODILY INJURY Per accident $ Peer acEcidentDAMAGE $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE ENP0447433 07/12/2019 07/12/2020 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? � (Mandatory in NH) If yes, desvibe under DESCRIPTION OF OPERATIONS below N / A TARAR0972001 08/03/2018 08/03/2019 X PER STATUTE I TOR E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE -POLICY LIMIT 500,000 B Rented Equipment ENP0447433 07/12/2019 07/12/2020 100,000 Limit 1,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) rF=RTIFIr.ATF 41ni nF:p rAN[_FI I ATInN ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville Parks & Recreation Department 1455 South Happy Hollow Road AUTHORIZED REPRESENTATIVE Fayetteville, AR 72701 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD