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HomeMy WebLinkAbout237-19 RESOLUTIONOF FAYETTF J i ! V R` _ `y1 7.4 IT. 9RKANS PS 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 237-19 File Number: 2019-0627 KESSLER MOUNTAIN REGIONAL PARK BASEBALL COMPLEX: A RESOLUTION TO APPROVE THE PURCHASE AND INSTALLATION OF SYNTHETIC TURF FOR THE KESSLER MOUNTAIN REGIONAL PARK BASEBALL COMPLEX FROM UNITED TURF IN THE AMOUNT OF $547,140.00 PLUS ANY APPLICABLE SALES TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $82,071.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase and installation of synthetic turf for the Kessler Mountain Regional Park Baseball Complex from United Turf in the amount of $547,140.00 plus any applicable sales taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract, and further approves a project contingency in the amount of $82,071.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 10/15/2019 Page 1 Printed on 10/16/19 File Number.' 2019-0627 Resolution 237-19 Attest: Lisa Branson, Deputy Ck4�er a') I AYETTEVILLE; Pp ._ VGTO Page 2 Printed on 10116119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0627 Agenda Date: 10/15/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 2 KESSLER MOUNTAIN REGIONAL PARK BASEBALL COMPLEX: A RESOLUTION TO APPROVE THE PURCHASE AND INSTALLATION OF SYNTHETIC TURF FOR THE KESSLER MOUNTAIN REGIONAL PARK BASEBALL COMPLEX FROM UNITED TURF IN THE AMOUNT OF $547,140.00 PLUS ANY APPLICABLE SALES TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $82,071.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase and installation of synthetic turf for the Kessler Mountain Regional Park Baseball Complex from United Turf in the amount of $547,140.00 plus any applicable sales taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract, and further approves a project contingency in the amount of $82,071.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City ofFayetteville, Arkansas Paye 1 Printed on 1011612019 City of Fayetteville Staff Review Form 2019-0627 Legistar File ID 10/15/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Byron Humphry 9/27/2019 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: A City Council resolution to approve the purchase and installation of synthetic turf for Kessler Mountain Regional Park baseball complex from United Turf pursuant to the Source Well Cooperative Purchasing Program in the amount of $547,140, to approve a project contingency of $82,071, and to approve a budget adjustment recognizing bond funds for the project. 4605.860.7502-5806.00 Account Number 46050.7502.2000 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Budget Impact: 4605 - Parks Project 2019 Bond Fund Kessler Mountain Regional Park, Artificial Turf Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 11,085,016.00 $ 127,289.77 $ 10,957,726.23 $ 629,211.00 $ 10,328,515.23 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 15, 2019 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Connie Edmonston, Parks and Recreation Director FROM: Byron Humphry, Park Maintenance Superintendent DATE: September 27, 2019 SUBJECT: A resolution to approve the purchase and installation of synthetic turf for Kessler Mountain Regional Park baseball complex from United Turf pursuant to the Source Well Cooperative Purchasing Program in the amount of $547,140, to approve a project contingency of $82,071, and to approve a budget adjustment recognizing bond funds for the project. RECOMMENDATION: A City Council resolution to approve the purchase and installation of synthetic turf for Kessler Mountain Regional Park baseball complex from United Turf pursuant to the Source Well Cooperative Purchasing Program in the amount of $547,140, to approve a project contingency of $82,071, and to approve a budget adjustment recognizing bond funds for the project. BACKGROUND: Kessler Mountain Regional Park baseball complex was constructed in 2016 and contains four fields, a concession, restroom facility, storage shed, and parking. Fayetteville Youth Baseball (FYB) uses Kessler as well as fields at Walker Park and White River to conduct their baseball program. This spring, 880 youth participated in league play and 200 are participating this fall. We also hosted 9 baseball tournaments this year at our baseball facilities (including Gary Hampton) with a total of 546 teams, of which 228 were out of town. This provided an estimated local economic impact of $2,199,540. The fields at Kessler Mountain Regional Park are composed of a natural grass and dirt infield and natural turf outfield. The dirt infield area requires daily preparation for games which includes dragging, watering, and chalking. The natural turf outfield requires weekly or bi-weekly mowing. The daily preparation of the dirt infield is complicated after rain events which requires extra preparation such as removal of ponded water, raking and dragging, and the addition of drying agents to the infield. With significant rainfall, the infields become too muddy to prepare, resulting in a rainout until the fields have time to dry. Rained out games create extra work for maintenance crews, delay tournaments and league play, require re -scheduling make-up games and may also result in cancellation of tournaments which causes a loss of revenue. Many Parks and Recreation agencies and school districts in the region are converting their football, baseball and softball fields to synthetic turf. The advantages of synthetic turf are a more consistent playing surface as well as an underlying drainage system that allows for surface water to drain from the field. Therefore, synthetic turf fields remain playable after Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 significant rain events resulting in far fewer weather related cancellations. Synthetic turf also requires less maintenance to prepare for daily games which saves on labor and overtime costs for weekend tournaments and allows staff to accomplish other tasks during the week. Since most of the maintenance requirements and rainouts occur due to the skinned dirt infields, many agencies opt to replace just the skinned infield area with synthetic turf and leave the large outfield as natural turf. This approach is much cheaper since baseball/softball outfields are large areas. The outfield areas also do not receive the same level of play as the infields and handle rainfall better without interrupting play. Parks converted the infields at Gary Hampton to artificial turf in the Spring of this year. The synthetic turfed infields resulted in improved playability during the rainy spring and summer that we experienced. For example, during the spring softball season, where games were scheduled at both Gary Hampton and Lake Fayetteville, 10 nights of games at Lake Fayetteville (dirt infields) were rained out whereas only 3 nights of games were called off at Gary Hampton (synthetic infields). It should be noted that the Gary Hampton games were called off 1 night because of a tornado warning and 2 nights due to lighting. The fields themselves at Gary Hampton were never unplayable. Also, on three different weekends where Fayetteville hosted a baseball tournament at Kessler Mountain, Walker, White River and Hampton complexes, rain caused all fields to be unplayable except for Gary Hampton which were played with no issues and on schedule. DISCUSSION: Based on the consultation staff had during the selection process for Gary Hampton and based on successful installation and quality workmanship performed at Gary Hampton by United Turf and Track, staff chose to work with United Turf and Track and Astro Turf through the Source Well Cooperative Purchasing program to achieve the best price and product for Kessler. Astro Turf is the developer of synthetic turf and has become the trade name many use when referencing synthetic turf. Astro Turf is the product that is used at the University of Arkansas indoor baseball practice complex. They offer an 8 -year non -prorated warranty on their product and installation. The typical lifespan of synthetic turf is 8-10 years; however, we are hoping to have a 10 to 12 -year lifespan with proper care of the turf. The proposed synthetic turf infields are sized to accommodate youth baseball for ages 12 and under and could also be used for girls fastpitch softball. This layout would give the Kessler facility extreme flexibility to host a wide range of tournaments on fields that are much less likely to have rain outs. This would be attractive to tournament organizers and will help draw more tournaments and revenue to the City. In addition, this would make our City more competitive with other cities in the region who also offer synthetic turf fields such as Bentonville, Rogers, Springdale, Conway, and Hot Springs. BUDGET/STAFF IMPACT: Pursuant to the Source Well Cooperative Purchasing Program, Contract #060518 -AST, United Turf and Track proposes to perform the Astro Turf installation for $547,140. Allowing a project contingency of 15%, $82,071, results in a total project cost of $629,211. Funding for this project is planned within the first phase of bond projects as part of the Kessler Baseball project. Attachments: United Turf Astro Turf Proposal United Turf Contract September 3, 2019 UNIT TURF AND TRACK PO BOX 565 ARCADIA, OK 73007 WWW.UNITEDTURFANDTRACK.COM City of Fayetteville Byron Humphry Parks and Recreation Maintenance Superintendent Fayetteville, AR Re: Kessler Sports Complex — Baseball Infield Synthetic Turf Project — Sourcewell Contract #060518 -AST Mr. Humphry, Thank you for your interest in our products and services. We are pleased to present this proposal for procurement of synthetic turf work through the AstroTurf Sourcewell Cooperative purchase contract. This proposal outlines the scope of work to be performed on the synthetic turf conversion project at the City of Fayetteville's Kessler Mountain Sports Complex. The proposal includes: BASE BID Construction & Synthetic Turf System (AstroTurf Diamond OPS 52oz.): 1. Furnish all labor and equipment for the earthwork scope to achieve sub -grade. The City of Fayetteville Parks will provide trucking to haul off excess material (UTT shall coordinate and load). Sub -grade shall be proof -rolled for stability and laser -graded to ensure positive drainage before field drainage system work begins. 2. Furnish all materials, labor, and equipment to install a new 6" x 12" concrete curbing along the back apron. Furnish all materials, labor, and equipment to install new composite 2x4 nail board at perimeter curbing and existing concrete. 3. Furnish all materials, labor, and equipment to install a complete drainage system. This is to tie-in to existing storm collector drains and/or detention pond locations. 4. Furnish all materials, labor, and equipment to install separator fabric across the body of the baseball infield. Separator fabric shall be lapped and shingled with the planetary of the field to the collector trenches. 5. Furnish all materials, labor, and equipment to install a complete drainage stone sub -base, sloped per plan grades. #57 or #67 stone shall be installed, and laser graded to .005 +/- of required planetary. 1.5" of #89 finish stone shall be installed, and laser graded to .0025 +/- of required planetary. Stone shall be rolled in for compaction as each lift is made. 6. Furnish and install all base anchors, home plates, pitching rubbers, and one set of Hollywood style bases per field. 7. Furnish all materials, labor, and installation equipment to install an AstroTurf Diamond OPS 52oz. artificial infilled grass system (+/- 57,440 SF). ALL turf, infill, AstroFusion Pro, seam tape, hot melt glue, 8 -year non -prorated warranty and typical associated materials to complete the successful install shall be provided. 7+1 (8) insert package is included for each field. 8. Furnish and install specified turfgrass and topdressing to the back -apron transition once synthetic turf work is completed. Construction and turf shall be complete by March 2020, ready to be used by the City of Fayetteville. Total Project Cost for Synthetic System Conversion Scope of Work..........................................$547,140.00 AS NEEDED ITEMS: SMG TCA 1400 All -In -One Grooming Equipment............................................................................$10,500.00 Allied Groomer T1400 Grooming Equipment.....................................................................................$6,900.00 GreensGroomer Brush Grooming Equipment....................................................................................$4,525.00 Inclusions: • Sourcewell Cooperative Contract Fee. • Payment & Performance Bonds. • Samples, submittal information, and shop drawings as needed. • Insurance as required. • Inlaid markings as required for baseball permanently installed in standard white turf. • An infill of silca sand and SBR rubber at the manufacture -approved weights and ratios for the selected AstroTurf synthetic turf system. • AstroTurf's Standard Eight (8) Year Warranty of the turf system materials. • Clean-up and disposal of our debris into dumpsters. • Wages as appropriate in the State of Arkansas (non-prevailing/non-union) • All colors are selected from AstroTurf's standard color palette. • Sales and/or use Tax Exclusions: • Any work not directly stated above. • Any sub -grade remediation necessary to achieve a stable sub -grade (i.e. Soil -Stabilization, Select Fill, etc.) • Repair of Owner's private utilities if not marked. • Maintenance Equipment as selected by Owner (See as Needed Items Above). • Any Liquidated Damages • Any sports event, goals, netting, or any other athletic equipment applications. Regards, Dillon Ripley, President United Turf and Track 405-747-7748 unitedturfandtrack.com UNIT TURF AND TRACK PO BOX 565 ARCADIA, OK 73007 WWW.UNITEDTURFANDTRACK.COM GENERAL COMPANY OVERVIEW UNITED Turf and Track, headquartered in Edmond, Oklahoma provides Oklahoma, Arkansas, and West Texas with a turn key solution to Field Building Construction and Turf Installation. United Turf and Track provides our synthetic turf customers in-house expertise that include project management, design build, full construction, installation and professional maintenance. United Turf and Track is the proven leader in our regional area to promote and deliver the highest quality, always striving to exceed industry standards. United Turf and Track employs only the finest in the Sports Field Building Industry including the only two American Sports Builders Association (ASBA) Certified Field Builders (CFB) in Oklahoma/Arkansas as well as a Sports Turf Managers Association (STMA) Certified Sports Field Manager (CSFM). From our Leadership Team to our Construction and Installation Crews, we have decades of combined turf industry experience. The mission of United Turf and Track is to partner with our sports turf customers and team members creating a positive impact and culture while providing turf systems of longevity and excellence. United Turf and Track is proud to partner with AstroTurf as their Exclusive Distributor in Oklahoma & Arkansas. An RGroup, Inc. Sports Company 405.747.7748 @unitedturfandtrak '. 1 ,n r. SINCE 1965: 4 ' powered by sportgroup THE SURFACE SPECIALISTS AstroTurf is the inventor of synthetic turf and one of the most iconic brands in American Sports. AstroTurf products benefit from proprietary innovations in system design, manufacturing, and installation that are outpacing industry trends. Guided by the philosophy of more fiber, less infill, AstroTurf is producing products that perform more like natural grass and bringing new advances to the market faster than the competition. • AstroTurf has been manufacturing synthetic turf since 1965 • Certified Member of the Synthetic Turf Council in good standing • FIFA Preferred Manufacturing • AstroTurf certified turf installation 0 Manufacturing under one roof with TOTAL product integration • American Sports Builders Association • Sports Turf Managers Association • Custom Solution Provider • 50 Million Dollar Bonding Capacity An RGroup, Inc. Sports Company 405.747.7748 @unitedturfandtrak DIAMOND SERIES ROOTZONE DIAMOND BLEND Today's premiere baseball and softball surface, Diamond Series, handles ball bounce like a natural grass field in every area of performance - outfield, infield and base paths. And this can be custom tailored to any coach or facility specifications for speed or bounce. Diamond Series fields play and look so natural, yet provide the easy maintenance and exceptional durability we've become famous for over the past 50+ years. Outfield, infield, base paths, pitcher's mound, batters' boxes and warning tracks are each surfaced with unique AstroTurf products designed specifically to replicate natural field playability. This product features three unique fibers - slit film fibers for durability, TRIONIC monofilament fibers for aesthetics and RootZone fibers for playability. The RootZone is a system of texturized fibers that curl down to create a net -like matrix that encapsulates infill - dramatically reducing infill spray during play and infill migration over time. With a RootZone, hops and slaps are more natural because the ball is less susceptible to interference from sand/rubber splash and fly -out. Fewer divots are seen than on other synthetic fields. Plus, this system now includes the exciting new TRIONIC monofilament fiber as a standard feature. For the first time in the history of the industry, our experts have molecularly fused Polyethylene and Nylon into a single Trionic fiber. That translates to softness AND durability. V Its al/ �o "We couldn't be more pleased with AstroTurf Diamond Series for our baseball field. The follow up and service after the completion is second to none. We're happy to be a part of the AstroTurf family." Ryan Folmar, Head Baseball Coach, Oral Roberts University ROOTZONE DIAMOND BLEND OPS The RootZone Diamond Blend OPS product is used for the grass portions of baseball and softball fields. White Bright Yellow Vegas Gold Orange Red Crimson Red Clay ■tee■�®■ Broom Purple Lagoon Blue Florida Blue Navy Gray Blade ♦ Exclusive, precise in-house fiber masterbatch formulations with cutting edge ultraviolet and heat stabilizers ♦ Trionic monofilament fibers featuring a proprietary co -polymer blend of Polyethylene and Nylon in a single fiber ♦ Extremely durable slit film fibers for resistance to wear ♦ Entanglement technology, wherein we entangle molecular side chains to reinforce the fiber and prevent splitting ♦ RootZone infill stabilization system ♦ Multi -layer woven primary backing ♦ The latest polyurethane technology to enhance tuft lock, dimensional stability and fiber adhesion, with polymer formulations engineered in Germany and applied in our own American factory ROOTZONE DIAMOND BLEND OPS BASEBALL ■ SOFTBALL Face Yarn Type I Trionic Polyethylene/Nylon blend Monofilament, Polyethylene Slit Film and RootZone Yarn Denier 16,000 (6 ends/1,800 per end for Mono, 10,000 per end for Slit Film and 8 ends/700 denier per end for RootZone) Yarn Thickness 330 microns for Mono, 115 microns for Slit Film and 100 microns for RootZone Pile Weight 52 oz per SY Finished Pile Height 1.5" Standard Field Color Field Green, Lime Green- Construction Tufted Turf Density 936 oz/yd3 Gauge 3/8" Primary Backing 8 oz per SY Multilayer Polypropylene/Polyester Secondary Backing 20 oz per SY Polyurethane Total Carpet Weight 80 oz per SY (+/- 5%) Turf Roll Dimensions 15' wide by custom lengths up to 220' Perforations 3/16" holes on staggered 4" (approximate) centers Turf Permeability > 30" +/- per hour Tuft Bind I > 8 lbs Grab Tear Strength (Average) > 200 lbs Lead Content ( < 50 ppm Elongation to Break > 50% Yarn Breaking Strength j > 20 lbs Yarn Melting Point 248° F Flammability TEST PASSED Some of our installations include: Baseball Installations: Abilene Christian University (TX) Ball State University (IN) Dallas Baptist University (TX) University of Delaware (DE) Eastern Michigan University (MI) University of Iowa (IA) University of Michigan (MI) Northwestern University (IL) University of Oklahoma (OK) Oral Roberts University (OK) University of Portland (OR) University of Richmond (VA) Sam Houston State University (TX) University of San Francisco (CA) Seattle University (WA) Southern Illinois University (IL) Washington State University (WA) Western Kentucky University (KY) West Virginia University (WV) CF��- .. ✓L„' ia °E",F,EonttT tA�- —Fl USA t1ntTE0 nom.,, ° NIKE GR/NO Note: 2.12.19 55. Valid through 12/31/2019. Any change from the specified values is considered a special product that will require confirmation from manufacturing prior to ordering.AI I values are 3 5%. AstroTu rf' has the right to modify technical specifications on the above-mentioned product. Delivered products can slightly differ from the technical data. AstroTurf' guarantees the technical quality of the proposed article. Softball Installations: Abilene Christian University (TX) Ball State University (IN) Liberty University (VA) University of Michigan (MI) D-1577 D-3218 D- 5848 D-5823 None None HUD 44d D-5793 D-5848 D- 5848 D-5848 N/A N/A F-1551 D-1335 D-5034 F-2765 D-2256 D-2256 D-789 D-2859 str urF9 powered by sportgroup Qclrerlen 0 ..4 melds V " ",:,, ya�: $stroTurr wouceu —G.M t—, Adpolytnn 2680 Abutment Rd, Dalton, GA 30721 (800) 723 -TURF help@astroturf.com www,astroturf.com V @AstroTurfUSA DIAMOND SERIES ROOTZONE DIAMOND ERA Today's premiere baseball and softball surface, Diamond Series handles ball bounce exactly like a natural grass field in every area of performance - outfield, infield and base paths. And this can be custom tailored to any coach or facility specifications for speed or bounce. Diamond Series fields play and look so natural, yet provide the easy maintenance and exceptional durability we've become famous for over the past 50+ years. Outfield, infield, base paths, pitcher's mound, batters' boxes and warning tracks are each surfaced with unique AstroTurf products designed specifically to replicate natural field playability. The torque generated in pitching and batting makes these areas the most used and abused of any sports field. But the ERA system is designed to stand up to this heavy use. ROOTZONE DIAMOND ERA OPS The RootZone Diamond ERA OPS product is used for the batters' boxes, catchers' boxes and pitching areas of baseball and softball fields. ERA stands for Extra Resilience Area. This product features unique fibers packed into an incredibly dense fiber matrix. Diamond- shaped polyethylene face fibers, diamond-shaped nylon face fibers and nylon RootZone fibers comprise the RootZone Diamond ERA OPS. The use of nylon in this area of the field is critical and the durability sets AstroTurf's Diamond Series apart. Plus, eight sets of batters' boxes come with every field! V'S Z// the 6ou� . ♦ Extremely dense profile for ultimate durability ♦ Exclusive, precise in-house fiber masterbatch formulations with cutting edge ultraviolet and heat stabilizers ♦ Diamond-shaped PE and Nylon face fibers that are designed to lay over and replicate clay ♦ Nylon boosts durability ♦ Entanglement technology, wherein we entangle molecular side chains to reinforce the fiber and prevent splitting Red Clay "I was 700% against artificial mounds and now that I've experienced the benefits of Astro Turf mound technology I am for it because it saves games constant rainouts." Skip Johnson, Head Baseball Coach, University of Oklahoma ♦ Nylon RootZone infill stabilization system ♦ Multi -layer woven primary backing ♦ The latest polyurethane technology to enhance tuft lock, dimensional stability and fiber adhesion, with polymer formulations engineered in Germany and applied in our own American factory ♦ Infill mixtures specifically designed to play like clay ROOTZONE DIAMOND ERA OILS BASEBALL • SOFTBALL Face Yarn Type Di imond 'olyethylene/Nylon twisted Monofilament and Nylon RootZone N/A Yarn Denier 16,600 ('.0 ends/1,060 per end for Mono, 8 ends/750 denier per end for RootZone) D-1577 Yarn Thickness 241 microns for Mono, 100 microns for RootZone D-3218 Pile Weight i 90 oz per SY D- 5848 Finished Pile Height 1.5" D-5823 Standard Field Color Peri Clay, Brown ' None Construction a"tec None Turf Density 2,160 oz/yd'HUD 44d Gauge a D-5793 Primary Backing 8 oz per SY Multilayer Polypropylene/Polyester D- 5848 Secondary Backing 20 oz per SY Polyuieth,)ne D- 5848 Total Carpet Weight 118 oz per SY (+/ 5°'0)D-5848 Turf Roll Dimensions 15wide by custom lengths up to 220' N/A Perforations 3/16" holes on staggered 4" (approximate) centers N/A Turf Permeability > `,0" +/'- per hour = 15ti1 Tuft Bind I > 8 lbs D-1335 Grab Tear Strength (Average) > 200 lbs D-5034 Lead Content < 50 ppm F-2765 Elongation to Break > 50% D-2256 Yarn Breaking Strength > 20 lbs D-2256 Yarn Melting Point 248° F PE/ 428° F Nylon D 739 Flammability TEST PASSED D-2859 Some of our installations include: Baseball Installations: University of Oklahoma (OK) Oral Roberts University (OK) University of Portland (OR) Seattle University (WA) Washington State University (WA) Softball Installations: Pittsburg State University (KS) Maize Unified School District (KS) C Fes, USA n a NIKE OR/NO VdW& Note: 1.31.19 55. Valid through 12/31/2019. Any change from the specified values is considered a special product that will require confirmation from manufacturing prior to ordering. All values are:t 5%. AstroTurf' has the right to modify technical specifications on the above-mentioned product. Delivered products can slightly differ from the technical data. Astro -Turf" guarantees the technical quality of the proposed article. 1965 FAstroit-u powered Gy sportgroup u�r AO Aexro1u0 odlaus !, GMu raA<ta polytnn 2680 Abutment Rd, Dalton, GA 30721 (800) 723 -TURF help@astroturf.com www.astroturf.com y@AstroTurfUSA DIAMOND SERIES ROOTZONE DIAMOND -i OPS Today's premiere baseball and softball surface, Diamond Series handles ball bounce exactly like a natural grass field in every area of performance - outfield, infield and base paths. And this can be custom tailored to any coach or facility specifications for speed or bounce. Diamond Series fields play and look so natural, yet provide the easy maintenance and exceptional durability we've become famous for over the past 50+ years. Outfield, infield, base paths, pitcher's mound, batters' boxes and warning tracks are each surfaced with unique AstroTurf products designed specifically to replicate natural field playability. This product features unique fibers - diamond-shaped polyethylene face fibers, diamond-shaped nylon face fibers and nylon RootZone fibers. The use of nylon in this area of the field is critical and sets AstroTurf's Diamond Series apart. Not only does it boost longevity for some of the most heavily used areas in all of sports, it also creates more realistic sliding distances. ROOTZONE DIAMOND -i OPS The RootZone Diamond -i OPS product is used to replicate clay on baseball and softball fields. The RootZone is a system of texturized fibers that curl down to create a net -like matrix that encapsulates infill - dramatically Br « reducing infill spray during play and infill migration over time. With a RootZone, hops and slaps are more natural because the ball is less susceptible to interference from sand/rubber splash and fly - out. Fewer divots are seen than on other synthetic fields. �%?e ooGlr�G-e ♦ Exclusive, precise in-house fiber masterbatch formulations with cutting edge ultraviolet and heat stabilizers Red Clay "Our new facility has been outstanding for many reasons. With such a great playing surface we are able to utilize our practice time much better and we don't have roinouts. It has been great for recruiting." Jim Sherman, Head Coach, University of Delaware ♦ Nylon RootZone infill stabilization system ♦ Multi -layer woven primary backing ♦ Diamond-shaped PE and Nylon face fibers that are designed to lay ♦ The latest polyurethane technology to enhance tuft lock, over and replicate clay dimensional stability and fiber adhesion, with polymer ♦ Nylon adds durability and realistic sliding distances formulations engineered in Germany and applied in our own ♦ Entanglement technology, wherein we entangle molecular side American factory chains to reinforce the fiber and prevent splitting ♦ Infill mixtures specifically designed to play like clay ROOTZONE DIAMOND -i OPS Face Yarn Type Yarn Denier Yarn Thickness Pile Weight Finished Pile Height Standard Field Color Construction Turf Density Gauge Primary Backing Secondary Backing Total Carpet Weight Turf Roll Dimensions Perforations Turf Permeability Tuft Bind Grab Tear Strength (Average) Lead Content Elongation to Break Yarn Breaking Strength Yarn Melting Point Flammability BASEBALL • SOFTBALL Diamond Polyethylene/Nylon twisted Monofilament and Nylon RootZone N/A 16,600 (10 ends/1,060 per end for Mono, 8 ends/750 denier per end for RootZone) i U-15// 241 microns for Mono, 100 microns for RootZone D-3218 52 oz per SY D- 5848 D-5823 Red Clay, Brown None Tufted None 248 oz/yd' HUD 44d D-5793 8 oz per SY Multilayer Polypropylene/Polyester D- 5848 20 oz per SY Polyurethane D- 5848 I 80 oz per SY (+/ 5%) ,, D-5848 17' wide by custom lengths up to 220' N/A 3/16" holes on staggered 4" (approximate) centers N/A > 30" +/- per hour F-1551 1 > 8 lbs D-1335 > 200 lbs D-5034 < 50 ppm ;. ;� : �� � F-2765 �' > 50% D-2256 > 20 lbs D-2256 248° F PE/ 428° F Nylon D-789 TEST PASSED D-2859 Some of our installations include: Baseball Installations: Abilene Christian University (TX) Ball State University (IN) Dallas Baptist University (TX) University of Delaware (DE) Eastern Michigan University (MI) University of Iowa (IA) University of Michigan (MI) Northwestern University (IL) University of Oklahoma (OK) Oral Roberts University (OK) University of Portland (OR) University of Richmond (VA) Sam Houston State University (TX) University of San Francisco (CA) Seattle University (WA) Southern Illinois University (IL) Washington State University (WA) Western Kentucky University (KY) West Virginia University (WV) Note: 1.31.19 SS. Valid through 12/31/2019. Any change from the specified values is considered a special product that will require confirmation from manufacturing prior to ordering. All values are± 5%. AstroTurf', has the right to modify technical specifications on the above-mentioned product. Delivered products can slightly differ from the technical data. AstroTurf' guarantees the technical quality of the proposed article. Softball Installations: Abilene Christian University (TX) Ball State University (IN) Liberty University (VA) University of Michigan (MI) i:Nic 1955 Astrolurf® Dov, Bred by sportgroup =� APT .... m�lo5� Nahol'�.r Porua+ns —c c»W.. ,7�s pelyten 2680 Abutment Rd, Dalton, GA 30721 (800) 723 -TURF help@astroturf.com www.astroturf.com .V @AstroTurfUSA U S A C> nfhca L IS MIKE G3 IMO be"rrAr-rre VV Note: 1.31.19 SS. Valid through 12/31/2019. Any change from the specified values is considered a special product that will require confirmation from manufacturing prior to ordering. All values are± 5%. AstroTurf', has the right to modify technical specifications on the above-mentioned product. Delivered products can slightly differ from the technical data. AstroTurf' guarantees the technical quality of the proposed article. Softball Installations: Abilene Christian University (TX) Ball State University (IN) Liberty University (VA) University of Michigan (MI) i:Nic 1955 Astrolurf® Dov, Bred by sportgroup =� APT .... m�lo5� Nahol'�.r Porua+ns —c c»W.. ,7�s pelyten 2680 Abutment Rd, Dalton, GA 30721 (800) 723 -TURF help@astroturf.com www.astroturf.com .V @AstroTurfUSA ASTROTURFk FIELD, BUT NEED TO FIND THE BEST WAY TO DO IT. Too often field buyers want our products, but assume they are required to conduct their own formal bid. That resLc.lts i,w several probLevKs froTime and Money - It is common to spend hundreds of collective hours conducting your own formal bid. Considerable time and effort is required - doing market research, drafting specifications, advertising the bid, vetting bidders, conducting interviews and more. Do you really have this kind of time? You might not even get what you want! There are multiple bid types (RFP, lF13, hard bid, line item bids, etc.) and depending on the type of bid you conduct, you may have little choice in your selection. Certain bid types result in general contractors selecting your turf for you. Then you're married to that turf manufacturer and installer for the next 8 years of the warranty - and you didn't even get to choose! Price is important, but it shouldn't be the ONLY factor in your decision. AO 5o is there a better wa ? Yes! A growing contracting method is the cooperative purchasing model. There are many good co-ops that offer contract awards from which their members can benefit. The co-ops ensure that all responding Vendors are fully vetted before awarding the contract, which can then be "piggybacked" by public agencies across the country. This makes it easy to choose an awarded contract with the Vendor your agency prefers. TIhe oo-op bev%,e fits are aLea r 0 It's easy - They've done the hard work for you. Just issue a purchase order referencing the co-op contract you choose, and we can hit the ground running. It's free - Co-op membership is typically free and easy to join online. It's legal - RFPs and IF13s are designed to comply with the state requirements and statutes on the front end to allow for maximum flexibility. It's proven - Over the past 20 years, thousands of public institutions, including K-12, universities, municipalities and more, have trusted using cooperative contracts for their purchases. More and more agencies use cooperative contracts each year, for everything from purchasing office supplies and computers, to building a turf field or running track. Best of all... Get the product you want from the Vendor you trust. Astrortotrf Corporate' m, is ava Ua b Le th rmc e) h sou.roeweU (f orvu.erL, rJ�A) . Sourcewell (formerly NJPA) is a government agency empowered by state statute to serve its public -sector membership. Sourcewell employees are passionate about service and committed to helping its members succeed so that they can fulfill their own public service missions. Sourcewell is a market leader with a track record of innovation and growth across all its services. The co-op's strong buying power and solid reputation help bring world-class brands, well-regarded programs, and nationally respected experts to its membership. Sourcewell continues to innovate to deliver the best solutions for its members. - CCombined Existingvendor Experience& 1 expertise relationships - overall vision Fi-ow to Pixm ease Contact AstroTurf to see Receive if your agency is a AstroTurf Sourcewell Member. Sourcewell If necessary, join at pricing www.sourcewell-mn.gov proposal. It's ease . Av,ol it worizs! Sourcewell follows the competitive contracting law process to solicit, evaluate and award cooperative purchasing contracts for goods and services. Sourcewell cooperative purchasing contracts are made available through the joint exercise of powers law to member agencies. Draw up contract with AstroTurf or Authorized Distributor. Contract and PO should reference Sourcewell contract number. Build Your Project As a SportGroup company, AstroTurf Corporation is helping transform the business of sport and space through a range of high performance sports surfacing options, all available through Sourcewell. Victoria Stringham AstroTurf Rekortan A(D s ..Los a Director of Cooperative Purchasing AstroTurf voucaas P -M t.a%Ocaid holytan vstrin hamid;astroturf.com powered by sportgroup 480-415-6300 License No. 0364070520 ACTIVATED State ofArkansas Commercial Contractors Licensin,(,,r Board RGROUP, INC., D/B/A UNITED TUUF PO BOX 565 ARCADIA, OK 73007 ID #43355 "ibis is to certify That RGROUP, INC., DJV�A UNITEIDTURI: is duly licensed under the provisions of Ark. Code Ann. § 17-25-1 Q 1 et. seq. as amended and is entitled to practice Contracting in the State of Arkansas within the following classifications/specialties: BI 1 i 11,DfNG - ((*().\4MFRCIAL & RESIDENTIAL) This contractor has a suggested bid limit of$1,000,000. This limit is only suggested and is not a limit on the size of the project the contractor can perform. activated August 6.2019 until May 31, 2020 when this Certificate expires. Wilness Our It, Irlds of 1h" lif)jIt"J, 4hat'd at .1 Orth h tile Rock .,Wansas, 44 CHAIRWAN SECRETARY August 6. 2019 - dsa ,�` CITY OF FAYETTEVILLE ARKANSAS City of Fayetteville Kessler Synthetic Turf Conversion Project Contract — Between City and UNITED TURF This contract executed this 15— day of bZli 2019, between the City of Fayetteville, Arkansas (CITY), and RGroup, Inc., d/b/a United Turf, (UNITED TURF) in consideration of the mutual covenants contained herein, the parties agree as follows: UNITED TURF at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items as stated in the Scope of Work, attached hereto as Exhibit A, pursuant to Source Well Contract #060518 -AST, and in accordance with specifications attached here to and made a part hereof under UNITED TURF's proposal, all included herein as if spelled out word for word. PAYMENT: The CITY shall pay UNITED TURF based on their bid proposal and contract pricing presented in Source Well Contract# 060518 -AST, in an amount not to exceed $547,140.00. CITY shall make payments to UNITED TURF in accordance with the following schedule. However, at no time shall the City make the payments stated below if percentage to be paid exceeds percentage of work accepted as completed by the City 20% of the Contract Sum within thirty days of execution of the contract*: $109,428.00 • The first payment shall only be made in the event 100% performance and payment bonds are received and approved by the City and valid Certificate of Insurance has been accepted. 40% of the Contract Sum within thirty days of delivery of material to site: $218,856.00 30% of the Contract Sum within thirty days of substantial completion: $164,142.00 10% of the Contract Sum within thirty days of Final completion: $54,714.00 UNITED TURF's bid on this project includes the cost of a single mobilization to the site. If any additional mobilizations are required to complete the project, through no fault of UNITED TURF, an additional fee of $7,500.00 per additional mobilization shall be paid by CITY at the next payment milestone set forth above. No additional mobilization fee shall be required if the remobilization is not the fault of the CITY. UNITED TURF reserves the right to cease work if any payment is not paid in accordance with the above schedule with the exception of percentage of work completed as stated above. 3. The date of Substantial Completion shall be March 1, 2020. Liquidated damages will be assessed at $100 for each calendar day beyond the Substantial Completion date unless extended by formal change order. In the event this project is delayed beyond 60 calendar days from the original date of substantial completion through no fault of UNITED TURF, UNITED TURF reserves the right to review the contract and request reasonable additional compensation for any cost increases. Upon receipt of UNITED TURF's quotation outlining additional costs, City reserves the right to cancel the contract or proceed at the revised contract price. City of Fayetteville, AR Kessler Synthetic Turf Conversion Project — Source Well Contract# 060518 -AST Page 1 of 4 The Contract documents which comprise the contract between the City of Fayetteville and UNITED TURF consist of this Contract, Source Well Contract #060518 -AST (which is incorporated herein by reference) and the following documents attached hereto, and made a part hereof: A. UNITED TURF bid proposal including pricing submitted under Source Well Contract #060518 -AST. B. Exhibit A - Scope of Work S. These Contract documents constitute the entire agreement between the CITY and UNITED TURF and may be modified only by a duly executed written instrument signed by the City of Fayetteville and UNITED TURF. In the event of a conflict between the terms of the proposal and the terms of this contract (including Exhibit A, Scope of Work), the terms of this contract and scope of work shall control. 6. UNITED TURF shall not assign its duties under the terms of this agreement. 7. UNITED TURF shall provide the City with a 100% performance and payment bond, inclusive of a one-year maintenance bond, within ten (10) calendar days after Notice of Award. The 100% performance and payment bond shall be provided to the City after being file marked by the Washington County Circuit Clerk's Office. UNITED TURF agrees to not start work until bonds have been recorded, received and accepted by the City. 8. UNITED TURF shall maintain a valid Arkansas Contractor's license and any other license necessary to perform the work in this contract. UNITED TURF verifies it is and will remain in good standing with the federal government and maintains no active exclusions. 9. UNITED TURF shall have full access and right of way to the project area once the notice to proceed is issued. CITY shall provide clear, stable, appropriate, and safe access to and from the project area. UNITED TURF shall exercise ordinary care when accessing the project area and shall be responsible for any damage to CITY property resulting from its failure to exercise ordinary care during mobilization or installation. 10. UNITED TURF shall have access to lighting, power, and washroom facilities as needed during project construction. Utilities shall be supplied by the CITY to UNITED TURF at no charge. 11. UNITED TURF shall provide and pay for waste disposal of any excess construction or surfacing materials generated during the installation of the project. CITY shall be responsible for all costs associated with removal or relocation of underground obstructions such as rock, hazardous materials, contaminated fill, or any unidentified substances, utilities, or services. 12. Legal title and ownership in the products purchased remains with UNITED TURF until the products have been installed and accepted by the City. As a result, UNITED TURF is responsible for the security of all materials, equipment, and supplies from the moment of delivery until installation and shall ensure that the project site is locked at the end of each work day. Legal title and ownership, and the responsibility to ensure the security of the installed products shall pass to the CITY upon installation and acceptance. CITY shall maintain its standard security measures during project construction. City of Fayetteville, AR Kessler Synthetic Turf Conversion Project — Source Well Contract# 060518 -AST Page 2 of 4 13. Should CITY cancel the contract, for any reason, prior to Final Completion, UNITED TURF shall receive pro rata payment for all work performed, contracted or incurred at the time of such cancellation. 14. UNITED TURF agrees to hold the CITY harmless and indemnify the CITY against any and all claims for property damage, personal injury or death, arising from UNITED TURF performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 15. UNITED TURF shall furnish a certificate of insurance addressed to the CITY, showing that they carry the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, UNITED TURF shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Contractor's Liability Insurance: The insurance required by this paragraph shall include the specific coverages and be written for not less than the limits of liability specified or required by Law, whichever is greater. a. Umbrella General Liability $1,000,000 b. Workers' compensation Statutory (State and Federal Limits) c. Comprehensive General & Automobile Insurance $500,000 for each person injured d. Bodily Injury Liability $1,000,000 for each accident e. Property Damage Liability $1,000,000 aggregate The premiums for all insurance and the bond required herein shall be paid by UNITED TURF. 16. UNITED TURF is to furnish proof of licensure as required by all local and state agencies and is responsible for obtaining any and all licenses or permits required by federal, state or local agencies. The City will provide the grading and SWPPP permit. 17. UNITED TURF is not responsible for delays caused by strikes, lockouts, riots, acts of god, weather, fire, flood, acts of terrorism, acts of war, chemical spills or reaction, nuclear explosions, vandalism, availability of material, or other such items beyond the reasonable control of UNITED TURF. 18. Freedom of Information Act: CITY contracts and documents prepared while performing CITY contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the CITY, 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. 19. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this City of Fayetteville, AR Kessler Synthetic Turf Conversion Project — Source Well Contract# 060518 -AST Page 3 of 4 contract shall not boallowed without aprior formal contract amendment approved bythe Mayor and the City Council inadvance ofthe change |nscope, cost orfees. 20 This contract shall begoverned 6yand constructed inaccordance with the laws ofthe State of Arkansas, Venue and jurisdiction for any legal action xheU be in the [ino|t Court of Washington County, Arkansas with Arkansas law applying tothe case. / ` UNITEPTURF ITY OFFAY[TT By: Signature of Authorized Representative Authorized Representative Name & Title Signature of Company Secrita � ^ ofkA Company Physical Address C� ^ ~..-.- '~~ Company City, State, Zip Code Date Signed: Vo City of Fayetteville, AR Kesger Synthetic Turf Conversion Project - Source Well oonmmw0605m-AST Page 4mo CITY OF FAYETTEVILLE ARKANSAS Exhibit A: Kessler Mountain Regional Park Baseball Synthetic Turf Project - Scope of Work 1. Provide performance and payment bonding for listed scope of work. 2. Removal of existing infield turf and infield material. Parks department will haul. Coordinate loading with Parks trucks. 3. Furnish all materials, labor, equipment required to install free draining stone base ready for synthetic turf installation — includes four (4) baseball fields per drawings. Contractor to supply a one (1) year warranty on stone base and drainage. Drainage system to tie into existing drainage and/or detention areas. 4. Subgrade shall be roll proofed to determine suitability. Unsuitable subsoils will be removed and replaced with compacted base at an additional agreed upon cost to the City. 5. Supply and install synthetic turf system in accordance with manufacturer product specifications, warranty and installation methods (including turf, sundries and infill materials). 6. Synthetic turf per approved drawings, green and clay colored. 7. Supply and install tufted and inlaid game field markings for baseball field as shown in drawings. 8. Supply and install turf system infill materials: approximately 40% ambient processed SBR and 60% silica sand by weight. 9. One (1) GMAX test performed upon completion of each field — Four (4) total 10.All bases, pitching rubbers, and sleeves as specified for four (4) fields — including installation. Bases shall be Hollywood style bases. 11. Eight (8) sets per field of replacement turf panels for high wear areas (right hand batter's box, left hand batter's box, catcher's box). 12. Install synthetic turf in accordance with existing grade on fields. Installed synthetic turf should transition to natural turf area with same grade. Disturbed natural turf shall be repaired with a 3ft wide strip of Certified Zorro (or equivalent) Zoysia Sod next to synthetic turf. Remaining disturbed natural turf shall be Certified Tifway 419 Bermuda installed between installed Zoysia and existing natural turf. Sod shall be installed to achieve a uniform grade with no hills or holes. Sod shall be topdressed with clean sand to assist in creating a smooth and seamless surface. 13. Synthetic turf seams to be glued. 14. Provide minimum 8 year non -prorated, warranty for turf materials and installation. 15. Work to be completed in Fall of 2019/ Winter 2020 before March 2020. Exhibit A: Pa, -,e I oft City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 BUDGET &INFORMATION MGMT (133) 2019 Requestor: Matthew Maddox BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A City Council resolution to approve the purchase and installation of synthetic turf for Kessler Mountain Regional Park baseball complex from United Turf and Track pursuant to the Source Well Cooperative Purchasing Program in the amount of $547,140, to approve a project contingency of $82,071, and to approve a budget adjustment recognizing bond funds for the project. RESOLUTION/ORDINANCE COUNCIL DATE LEGISTAR FILE ID# 10/15/2019 2019-0627 KevL vSprL+ujiar 911712019 3:37 PM Budget Director TYPE: JOURNAL #: Date D - (City Council) GLDATE: 10/15/2019 CHKD/POSTED: TOTAL - - v.20190816 H:\BudgetAdjustments\2019-Budget\City Council\10-15-2019\2019-0627 BA Kessler Artificial Turf.xlsm 1 of 1 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4605.860.7502-5806.00 547,140 - 46050 7502.2000 EX Improvements - Park 4605.860.7502-5911.99 82,071 - 46050 7502.2000 EX Contingency - Capital Project 4605.860.7999-5899.00 (629,211) - 46050 7999 EX Unallocated - Budget H:\BudgetAdjustments\2019-Budget\City Council\10-15-2019\2019-0627 BA Kessler Artificial Turf.xlsm 1 of 1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Ikx: ument A312 Performance Bond R n d ''o. NAR1324 Doc ID: 01887 9 720015 Type: LIE Kind: PERFORMANCE BOND Recorded: 10/31/2019 at 12:50:09 PM Fee Amt: $85.00 Paqe 1 of 15 Washinqton County, AR Kyle Sylvester Circuit Clerk FileB036-00000349 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address). RGroup, Inc. dba United Turf & Track P.O. Box 565 Arcadia, OK 73007 OWNER (Name and Address): City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 SURETY (Name and Principal Place of Business): Merchants National Bonding. Inc. 6700 Westown Parkway West Des Moines Iowa 50266 CONTSTRUCTION CONTRACT Date: October 15, 2019 Amount: $547,140.00 Description (Name and I_oc-ation): Contract #060518 -AST - Kessler Synthetic Turf Conversion Project BOND Date Not earlier than Construction Contract Date): October 28, 2019 Amount: 547,140.00 NlodifIcati s this Bond: � None ❑ See Page 3 CONTRA(,. ASP CIPAI.. SLJRFTY Company: orporate Seal) Company: (Corp)rate Seal) RGroup, Inc. dba Unite TuMerchants National Bonding. Inc. ff & T / t Signatur_ __ Signature: Name and I Name and Title: Wend' Hollen llomey-In-hact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY — Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other Insurance Agency of Mid-America, Inc. party): PO Box 890300, Oklahoma City, OK 73189 (405) 691-0016 AJA DOCUMENT A.312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 r.D. - AIA 0 THE AMERICAN INSTITUTE or ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1994 1 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of per- forming 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 Contractors 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 term of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Con- struction 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: i After investigation, determine the amount for which lt may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or 2 Deny liability in whole or in part and notify the Owner citing reasons therefore. 5 If the surety does not proceed as provided in Para- graph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety had denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1,4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for cor- rection of defective work and completion of the Con- struction Contract, 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, inclu- ding changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obli- gations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail - AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA'- A312-1984 2 THE AMERICAN INSTITUTE OFARCHITECHTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety; the Owner or the Contractor shall be mailed or delivered to the address shown on the 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 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 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 be- half of the Contractor under the Construction Contract_ 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to 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 Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: _ Name and Title: Address: SURETY Company: Signature: _ Name and Title: Address: (Corporate Seal) AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND a DECEMBER 1984 ED. • RIA °w A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 THE AMERICAN INSTI-I UTE OF ARCHITECTS Bond No. NAR1324 ,,VA Dxumon. tA312 Payment Bond Any singular reference to Contractor, Surety, C )caner or other Marty shall be considered plural where applicable. CONTRACTOR (Name and Address): RGroup, Inc. dba United Turf & Track P.O. Box 565 Arcadia, OK 73007 OWNER (Nath and Adffic55); City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 SURETY (Nance and Principal Place of Business): Merchants National Bonding, Inc. 6700 Westown Parkway West Des Moines Iowa 50266 CONTSTRUCTION CONTRAC1 Date: October 15, 2019 Amount: $547,140.00 Description (Name and Location): Contract #060518 -AST - Kessler Synthetic Turf Conversion Project BONG? Date (Not earlier than Construction Contract Date): October 28, 2019 Amount: $547,140.00 Modificakns to this Bond: U None M See Page 6 CONTRACTpR PRINCIPAL I Company. 1! RGroup, Inc. dba nited Turf & Signature. Name and f (Any additional signatures appear on page 6) SURETY Seal) Company: (Corporate Seal) Merchants National Bonding, Inc. Signature: Name and Title: Wendy 14ollen Attorney -In -Fact (FOR INFORI4A710N ONLY — Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other Insurance Agency of Mid-America, Inc. party): PO Box 890300, Oklahoma City, OK 73189 (405) 691-0016 AIA DOCUMEST A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 0 110 AMRK AN!INSTITUTE Or ARCHITECTS, 1735 NEW YORK INE., N.W_, WASHINGTON, QC. 20006 A312-1984 4 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrator, 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, indemnities, and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default, 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes 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. 42 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 per- formed 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 mater- ials 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 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the 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. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone 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. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. RIA DOCUMENT A312 * PERFORMANCE BOND AND PAYMENT BOND * DECEMBER 1984 ED *AIA K A312-1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, O.C. 20006 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions 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 band. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Section 6 is modified by adding section 6.3. 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, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a claim. However, if the Surety fails to discharge its obligations under this Section 6, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs to recover any sums found to be due and owing to the Claimant. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seas) Signature: _ Name and Title: Address: SURETY Company: Signature: Name and Title: Address: (Corporate Seal) AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. 0 AIA tT' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W. WASHINGTON, D.C. 20006 A312-19$4 6 M E RC H_A_N T_"% BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Cody M McNeill; John D Rogers Jr; Kyle D Reser; Lisa K Sherman; Todd Triplett, Wendy Hollen; William Michael McNeill their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 6th day of April 2017 ..... _ 1101y4 °�.• ' P� . •••�p�N...C4.yjA.• y :.�k/? * O - p,Q�POA . y •• MERCHANTS BONDING COMPANY (MUTUAL) z 0 � MERCHANTS NATIONAL BONDING, INC. . s 2003 1.�, : �' 1933 b �; By :d�•. •.•��; ;ted •aC •%, !(j'' fly' '' \1•• President ••� ••••....... �•• • • • • •• STATE OF IOWA ""' COUNTY OF DALLAS ss. On this this 6th day of April 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ALICIA K. GRAM Commission Number 767430 My Commission Expires April 12 2020 r Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this`d ` day of at-l",c 3olq- c CO .'10 R4 �• � ' �� 94 .ti • eZ -o- 1933' Secretary 2003 :`�; c. POA 0018 (3/17) "'." ACORO® �� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/2 2019 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Brandy Jones PHONE (405)691-0016 (FAX Exfic No: 1405l 691-0 15 Insurance Agency of Mid America Inc E-MAIL bjones@midamericainc.com ADDRESS: 10009 S. Penn, Building E INSURERS AFFORDING COVERAGE NAIC # P. O. BOX 890300 INSURER A: Ohio Security Ins Co 24082 Oklahoma City OK 73189 INSURED INSURER B: Ohio Casualty Ins Cc 24074. INSURERC: RGroup, Inc. DBA United Turf and Track INSURERD: P.O. Box 565 INSURER E: INSURER F: Arcadia OK 73007 COVERAGES CERTIFICATE NUMBER: 2019/2020 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 SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE � OCCUR DAMAGE(RENTED 1,000,000 PREMISESSEa occurrence $ MED EXP (Any one person) $ 5,000 X X, C, U Included X BKS59348767 1/12/2019 1/12/2020 PERSONAL & ADV INJURY $ 1,000,000 GENIAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY II JJEo F� LOC PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident 1,000,000 BODILY INJURY (Per person) $ A XANYAUTO X ALL OWNED SCHEDULED AUTOS AUTOS BAS59348767 1/12/2019 1/12/2020 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X NON -OWNED HIRED AUTOS AUTOS Ix UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 1,000 000 AGGREGATE $ 1,000,000 B X EXCESS LAB CLAIMS -MADE DED I X I RETENTION $ 10,000 $ US059348767 1/12/2019 1/12/2020 WORKERS COMPENSATIONx AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N / A XWS59348767 10/1/2019 10/1/2020 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Kessler Synthetic Turf Conversion Project; #060518 -AST As required by written contract, Certificate holder is included as additional insured as respects to the General Liability. Coverage is subject to the insuring agreements, conditions & exclusions in the policy forms. CERTIFICATE HOLDER CANCELLATION (479) 718-7695 City of Fayetteville, AR 113 West Mountain Street Fayetteville, AR 72701 ACORD 25 (2014/01) INS025 (201401) 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 ody McNeill/BJ © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid i Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other-LE therj I -1. 1 ft entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a _ I j T7N, later. or Note: if the account is in more than one name, see the instructions for line 1. Also see What Name and i Employer identification number Number To Give the Requester for guidelines on whose number to enter. 14751 26 m - (�T� 09105 Under penalties of perjury, I Certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. t am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that i am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) enter an is form (if any) indicating th%+1?ffTex­etr0Qrom FATCA reporting is correct. Certification instructions. YIs, must s out item 2 above if u have been notifi by the IRS that you are currently subject to backup withholding because you have failed to report ail inrest and d Bends on your tax um. For real esta* transactions, item 2 does not apply. For mortgage interest paid, acquisition or; secured pro rty, cancellation of debt, contribu ' s to an individual retirement arrangement (IRA), and generally, payments other than interest and divide you are not equired to sign the certifica ' , but you must provide your correct TIN. See the instructions for Part It, later. Sign Signature U.S."--�--^'�( Date► \ C 2 �� / G�v� i Hera usrson► I General Instructions • Form 1099 -DIV (dividends. including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise • Form 1099-MISC (various types of income, prizes, awards, or gross noted. proceeds) Future developments. For the latest information about developments . Form 1099-B (stock or mutual fund sales and certain other related to Form W-9 and its instructions, such as legislation enacted transactions by brokers) after they were published, go to www.irs.gov/Forfn", • Form 1099-S (proceeds from real estate transactions) Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your socia security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount retortable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) • Form 1099-K (merchant card and third party network transactions) • Form 1098 ('home mortgage interest), 1098-E (student loan interest). 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person finciuding a resident alien), to provide your correct TIN. tf you do not return Form W-9 to the requester with a 77N, you might be subject to backup withholding. See What is backup withholding, later. ::ai. ido. t 032 X Form W-9 (Rev. 10-2018) Request for Taxpayer Give Form to the Farm_9 (Rev. October 2018) Identification Number and Certification requester. Do riot Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line, do nct leave this line b'.ank. RGroup, Inc. dba United Turf and Track 2 Business name/disregarded entity name, if different from above United Turf and Track M m 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to � following seven boxes. certain entities, not individuals: see rL p ❑ mclividuaysole proprietor or ® C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): C single -member LLC Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► U 0 2 Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting y ' LLC it the LLC is classified a> a single -member LLC that is disregarded from the owner unless the owner of the LLC is is ( code if any) n another LLC that not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) ► ranau•• •mss �+ x,aa. a» u.s.; 4 N 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) PO Box 565 City of Fayettville _ ti City. state, and ZIP code — Arcadia, OK 73007 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid i Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other-LE therj I -1. 1 ft entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a _ I j T7N, later. or Note: if the account is in more than one name, see the instructions for line 1. Also see What Name and i Employer identification number Number To Give the Requester for guidelines on whose number to enter. 14751 26 m - (�T� 09105 Under penalties of perjury, I Certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. t am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that i am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) enter an is form (if any) indicating th%+1?ffTex­etr0Qrom FATCA reporting is correct. Certification instructions. YIs, must s out item 2 above if u have been notifi by the IRS that you are currently subject to backup withholding because you have failed to report ail inrest and d Bends on your tax um. For real esta* transactions, item 2 does not apply. For mortgage interest paid, acquisition or; secured pro rty, cancellation of debt, contribu ' s to an individual retirement arrangement (IRA), and generally, payments other than interest and divide you are not equired to sign the certifica ' , but you must provide your correct TIN. See the instructions for Part It, later. Sign Signature U.S."--�--^'�( Date► \ C 2 �� / G�v� i Hera usrson► I General Instructions • Form 1099 -DIV (dividends. including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise • Form 1099-MISC (various types of income, prizes, awards, or gross noted. proceeds) Future developments. For the latest information about developments . Form 1099-B (stock or mutual fund sales and certain other related to Form W-9 and its instructions, such as legislation enacted transactions by brokers) after they were published, go to www.irs.gov/Forfn", • Form 1099-S (proceeds from real estate transactions) Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your socia security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount retortable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) • Form 1099-K (merchant card and third party network transactions) • Form 1098 ('home mortgage interest), 1098-E (student loan interest). 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person finciuding a resident alien), to provide your correct TIN. tf you do not return Form W-9 to the requester with a 77N, you might be subject to backup withholding. See What is backup withholding, later. ::ai. ido. t 032 X Form W-9 (Rev. 10-2018) ACITY OF FAYETTEVILLE ARKANSAS City of Fayetteville Kessler Synthetic Turf Conversion Project Contract — Between City and UNITED TURF This contract executed this] -6 -day of -a r 2019, between the City of Fayetteville, Arkansas (CITY), and RGroup, Inc.., d/b/a United Turf, (UNITED TURF) in consideration of the mutual covenants contained herein, the parties agree as follows: UNITED TURF at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items as stated in the Scope of Work, attached hereto as Exhibit A, pursuant to Source Well Contract #1060518 -AST, and in accordance with specifications attached here to and made a part hereof under UNITED TURF's proposal, all included herein as if spelled out word for word. 2. PAYMENT: The CITY shall pay UNITED TURF based on their bid proposal and contract pricing presented in Source Well Contract# 060518 -AST, in an amount not to exceed $547,140.00. CITY shall make payments to UNITED TURF in accordance with the following schedule. However, at no time shall the City make the payments stated below if percentage to be paid exceeds percentage of work accepted as completed by the City 20`Yo of the Contract Sum within thirty days of execution of the contract*: $109,428.00 • The first payment shall only be made in the event 100% performance and payment bonds are received and approved by the City and valid Certificate of Insurance has been accepted. 40% of the Contract Sum within thirty days of delivery of material to site: $218,856.00 30% of the Contract Sum within thirty days of substantial completion: $164,142.00 10% of the Contract Sum within thirty days of Final completion: $54,714.00 UNITED TURF's bid on this project includes the cost of a single mobilization to the site. If any additional mobilizations are required to complete the project, through no fault of UNITED TURF, an additional fee of $7,500.00 per additional mobilization shall be paid by CITY at the next payment milestone set forth above. No additional mobilization fee shall be required if the remobilization is not the fault of the CITY. UNITED TURF reserves the right to cease work if any payment is not paid in accordance with the above schedule with the exception of percentage of work completed as stated above. The date of Substantial Completion shall be March 1, 2020. Liquidated damages will be assessed at $100 for each calendar day beyond the Substantial Completion date unless extended by formal change order. In the event this project is delayed beyond 60 calendar days from the original date of substantial completion through no fault of UNITED TURF, UNITED TURF reserves the right to review the contract and request reasonable additional compensation for any cost increases. Upon receipt of UNITED TURF's quotation outlining additional costs, City reserves the right to cancel the contract or proceed at the revised contract price. City of Fayetteville, AR Kessler Synthetic. Turf Conversion Proiect — Source Well Contract# 060518 -AST Page 1 of 4 The Contract documents which comprise the contract between the City of Fayetteville and UNITED TURF consist of this Contract, Source Well Contract #060518 -AST (which is incorporated herein by reference) and the following documents attached hereto, and made a part hereof: A. UNITED TURF bid proposal including pricing submitted under Source Well Contract #060518 -AST. B. Exhibit A - Scope of Work 5, These Contract documents constitute the entire agreement between the CITY and UNITED TURF and may be modified only by a duly executed written instrument signed by the City of Fayetteville and UNITED TURF. In the event of a conflict between the terms of the proposal and the terms of this contract (including Exhibit A, Scope of Work), the terms of this contract and scope of work shall control. UNITED TURF shall not assign its duties under the terms of this agreement 7. UNITED TURF shall provide the City with a 100% performance and payment bond, inclusive of a one-year maintenance bond, within ten (10) calendar days after Notice of Award. The 100% performance and payment bond shall be provided to the City after being file marked by the Washington County Circuit Clerk's Office. UNITED TURF agrees to not start work until bonds have been recorded, received and accepted by the City. 8. UNITED TURF shall maintain a valid Arkansas Contractor's license and any other license necessary to perform the work in this contract. UNITED TURF verifies it is and will remain in good standing with the federal government and maintains no active exclusions. 9. UNITED TURF shall have full access and right of way to the project area once the notice to proceed is issued. CITY shall provide clear, stable, appropriate, and safe access to and from the project area. UNITED TURF shall exercise ordinary care when accessing the project area and shall be responsible for any damage to CITY property resulting from its failure to exercise ordinary care during mobilization or installation. 10. UNITED TURF shall have access to lighting, power, and washroom facilities as needed during project construction. Utilities shall be supplied by the CITY to UNITED TURF at no charge. li. UNITED TURF shall provide and pay for waste disposal of any excess construction or surfacing materials generated during the installation of the project. CITY shall be responsible for all costs associated with removal or relocation of underground obstructions such as rock, hazardous materials, contaminated fill, or any unidentified substances, utilities, or services. 11.. Legal title and ownership in the products purchased remains with UNITED TURF until the products have been installed and accepted by the City. As a result, UNITED TURF is responsible for the security of all materials, equipment, and supplies from the moment of delivery until installation and shall ensure that the project site is locked at the end of each work day. Legal title and ownership, and the responsibility to ensure the security of the installed products shall pass to the CITY upon installation and acceptance. CITY shall maintain its standard security measures during project construction. City of Fayetteville, AR Kessler Synthetic Turf Conversion Project - Source well Contract# 060518 -AST Page 2 of 4 13. Should CITY cancel the contract, for any reason, prior to Final Completion, UNITED TURF shall receive pro rata payment for all work performed, contracted or incurred at the time of such cancellation. 14. UNITED TURF agrees to hold the CITY harmless and indemnify the CITY against any and all claims for property damage, personal injury or death, arising from UNITED TURF performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 15. UNITED TURF shall furnish a certificate of insurance addressed to the CITY, showing that they carry the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, UNITED TURF shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Contractor's Liability Insurance: The insurance required by this paragraph shall include the specific coverages and be written for not less than the limits of liability specified or required by Law, whichever is greater. a. Umbrella General Liability $1,000,000 b. Workers' compensation Statutory (State and Federal Limits) c. Comprehensive General & Automobile Insurance $500,000 for each person injured d. Bodily Injury Liability $1,000,000 for each accident e. Property Damage Liability $1,000,000 aggregate The premiums for all insurance and the bond required herein shall be paid by UNITED TURF. 16. UNITED TURF is to furnish proof of licensure as required by all local and state agencies arid is responsible for obtaining any and all licenses or permits required by federal, state or local agencies. The City will provide the grading and SWPPP permit. 17. UNITED TURF is not responsible for delays caused by strikes, lockouts, riots, acts of god, weather, fire, flood, acts of terrorism, acts of war, chemical spills or reaction, nuclear explosions, vandalism, availability of material, or other such items beyond the reasonable control of UNITED TURF. 18. Freedom of Information Act: CITY contracts and documents prepared while performing CITY contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the CITY 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. 19. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this City of Fayetteville, AR Kessler Synthetic Turf Conversion Project — Source Well Contract# 060518 -AST Page 3 of 4 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. 20 This contract shall be governed by and constructed in accordance with the laws of the State of Arkansas. Venue and jurisdiction for any legal action shall be in the Circuit Court of Washington County, Arkansas with Arkansas law applying to the case. WITNESS OUR HANDS THIS_15__DAY OF O 2019. i11 UNIT TURF of Authorized Representative Authorized Representative Name & Title ATTEST, Signature of Company Secr tart' Company Secretary (Pri !ed Na e� OF FAYETT A EST: l r► 0t': � SONDRA E. SMITH, City Cler 7rea R. • • E9Ilri ��: •G� O,o••G� FAYETfEVILLE: Y- -� q �P�' _ c� ••.'QKAN � .•J Company Physical Address ,3�,, 'kh*'A Ao�ANG' V-, C; rcACS\C y C�4- 11,;�ii0 (, Company City, State, Zip Code Date Signed __C ! `? At - City or Fayetevkae, AR Kessler Synthetic Turf Conversion Protect -Source Well Contract# G6US:8-AST Page. 4 of 4 ►i CITY OF FAYETTEVILLE ARKANSAS Exhibit A: Kessler Mountain Regional Park Baseball Synthetic Turf Project - Scope of Work 1 Provide performance and payment bonding for listed scope of work 2 Removal of existing infield turf and infield material. Parks department will haul. Coordinate loading with Parks trucks. 3. Furnish all materials, labor, equipment required to install free draining stone base ready for synthetic turf installation — includes four (4) baseball fields per drawings. Contractor to supply a one (1) year warranty on stone base and drainage. Drainage system to tie into existing drainage and/or detention areas. 4. Subgrade shall be roll proofed to determine suitability. Unsuitable subsoils will be removed and replaced with compacted base at an additional agreed upon cost to the City 5. Supply and install synthetic turf system in accordance with manufacturer product specifications, warranty and installation methods (including turf. sundries and infill materials). 6 Synthetic turf per approved drawings, green and clay colored. 7 Supply and install tufted and inlaid game field markings for baseball field as shown in drawings - 8 Supply and install turf system infill materials: approximately 40% ambient processed SBR and 60% silica sand by weight. 9 One (1) GMAX test performed upon completion of each field — Four (4) total 10 All bases, pitching rubbers, and sleeves as specified for four (4) fields — including installation. Bases shall be Hollywood style bases. 11 Eight (8) sets per field of replacement turf panels for high wear areas (right hand batter's box, left hand batter's box, catcher's box). 12. Install synthetic turf in accordance with existing grade on fields. Installed synthetic turf should transition to natural turf area with same grade. Disturbed natural turf shall be repaired with a 3ft wide strip of Certified Zorro (or equivalent) Zoysia Sod next to synthetic turf. Remaining disturbed natural turf shall be Certified Tifway 419 Bermuda installed between installed Zoysia and existing natural turf. Sod shall be installed to achieve a uniform grade with no hills or holes. Sod shall be topdressed with clean sand to assist in creating a smooth and seamless surface. 13 Synthetic turf seams to be glued. 14. Provide minimum 8 year non -prorated, warranty for turf materials and installation. 15 Work to be completed in Fall of 2019/ Winter 2020 before March 2020 Exhibit ,\: I'a_e I of? Byron Humphry Submitted By City of Fayetteville Staff Review Form 2020-0004 Legistar File ID NA City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/2/2020 Submitted Date Action Recommendation: Change Order #1 with United Turf PARKS & RECREATION (520) Division / Department Approval of Change Order #1 with United Turf for the installation of synthetic turf at Kessler Baseball Complex in the amount of $74,327. 4605.860.7502-5806.00 Account Number 46050.7502.2000 Project Number Budgeted Item? No Does item have a cost? Yes Budget Adjustment Attached? NA Budget Impact: 4605 - Parks Project 2019 Bonds Fund Kessler Mountain Regional Park, Artificial Turf Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 629,211.00 $ 547,140.00 $ 82,071.00 $ 74,327.00 I $ 7,744.00 V20180321 Purchase Order Number: 2019-0714 Previous Ordinance or Resolution # 237-19 Change Order Number: 1 Approval Date: Original Contract Number: ' 10/15/2019 Comments: Change Order 1 includes additional turf for all fields, and base and drainage work needed for field three. CITY OF ' FAYETTEVILLE ARKANSAS TO: Mayor THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Byron Humphry, Park Maintenance Superintendent DATE: January 2, 2020 STAFF MEMO SUBJECT: Approval of Change Order #1 for Kessler Synthetic Turf Installation RECOMMENDATION: Approval of Change Order #1 for Kessler synthetic turf installation in the amount of $74,327. BACKGROUND: On September 27, 2019, City Council approved a contract with United Turf to install synthetic turf on the four baseball fields as Kessler Mountain Regional Park. The contract was for $547,140 with an approved project contingency of $82,071. DISCUSSION: After excavation of the subsoil on Field #3 at Kessler baseball complex, ground water surfaced at several locations in the subsoil. The subsoil in the areas around the ground water are poor quality and unsuitable for subgrade stabilization. To remedy the ground water and poor subsoil, approximately half of the infield needs to be excavated an additional 2 feet and replaced with a more suitable base material that will allow the ground water to migrate into the drainage system and provide a stable subsurface to construct the synthetic infield on. Also, to accommodate the access gates for the synthetic turf maintenance equipment and for improved field access, it is necessary for the synthetic turf to extend across the width of the existing access gates for all fields. Because of the irregular shape of the infields, the initial estimates of the square footage this would require were slightly underestimated compared to actual on -field measurements. As the location of the edge of the synthetic turf was finalized based on the existing grade and the location of the gates, additional square footage of synthetic turf is required over the initial square footage estimate that the bid was based on. BUDGET/STAFF IMPACT: The cost to excavate and replace the subgrade to a suitable material on Field #3 is $45,375. The cost for the additional square footage of synthetic turf required for all infields is $28,952. The total cost for Change Order #1 is $74,327. This is within the approved project contingency. Attachments: Change Order #1 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 LETTER OF TRANSMITTAL Date: January 2, 2020 To: City of Fayetteville 113 W. Mountain St Fayetteville, AR 72701 UNIT TURF AND TRACK PO BOX 565 ARCADIA, OK 73007 WWW.UNITEDTURFANDTRACK.COM Attn: Byron Humphry - bhumphry@fayetteville-ar.gov Project: Kessler Mountain Turf Project Reference: Change Order #1 Proposal for Sub -Grade Remediation on Field #3 and Additional Turf SF Description: Change Order #1 Sub -Grade Remediation on Field #3 (based upon 7,500 SF): - Undercut approx. 24" (+/- 555 CY) of existing sub -grade soils, load -out in City of Fayettville Trucks, and laser grade to drain to perimeter ditch line - $12,075.00 - Install separator fabric, #2(B) stone at +/- 12" thick (+/- 360 tons), place, and compact - $13,050.00 - Install separator fabric, Class 7 base stone at +/- 12" thick (+/-450 tons), place, compact, and laser grade - $20,250.00 - TOTAL COST FOR SUB -GRADE REMEDIATION - $45,375.00 Additional Area difference from Original RFP Area: - Actual SF: 15,300 SF x 4 Fields = 61,200 SF - RFP SF: 14,360 SF x 4 Fields = 57,440 SF - Difference: 940 SF x 4 Fields = 3,760 - TOTAL COST FOR ADDITIONAL SF (3,760 SF @ $7.70) = $28,952.00 We agreed to work with 15,300 sq ft per field which totals 61,200 sq ft which is 3,760 more than the contract amount. You were going to look at the cost per sq ft to lay additional turf minus some of the fixed costs and then use that price per sq ft and the 3,760 sq ft total to determine the change order for additional turf. We agreed on the soil remediation change order as is with the exception that you were also going to install some flat drains under the B -stone. Original Contract Amount ADD 3,760 SF of Turf @ $7.70/SF ADD Perform Soil -Remediation on Field #3 Total Contract Price with CO #1 Professionally, Dillon Ripley, President United Turf and T---' allison@unitedl 405.747.7748 Accepted By & $547,140.00 $ 28,952.00 $ 45,375.00 $621,467.00 �-ao20 Byron Humphry Submitted By City of Fayetteville Staff Review Form 2020-0004 Legistar File ID NA City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/2/2020 Submitted Date Action Recommendation: Change Order #1 with United Turf PARKS & RECREATION (520) Division / Department Approval of Change Order #1 with United Turf for the installation of synthetic turf at Kessler Baseball Complex in the amount of $74,327. 4605.860.7502-5806.00 Account Number 46050.7502.2000 Project Number Budgeted Item? No Does item have a cost? Yes Budget Adjustment Attached? NA Budget Impact: 4605 - Parks Project 2019 Bonds Fund Kessler Mountain Regional Park, Artificial Turf Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 629,211.00 $ 547,140.00 $ 82,071.00 $ 74,327.00 I $ 7,744.00 V20180321 Purchase Order Number: 2019-0714 Previous Ordinance or Resolution # 237-19 Change Order Number: 1 Approval Date: Original Contract Number: ' 10/15/2019 Comments: Change Order 1 includes additional turf for all fields, and base and drainage work needed for field three. CITY OF ' FAYETTEVILLE ARKANSAS TO: Mayor THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Byron Humphry, Park Maintenance Superintendent DATE: January 2, 2020 STAFF MEMO SUBJECT: Approval of Change Order #1 for Kessler Synthetic Turf Installation RECOMMENDATION: Approval of Change Order #1 for Kessler synthetic turf installation in the amount of $74,327. BACKGROUND: On September 27, 2019, City Council approved a contract with United Turf to install synthetic turf on the four baseball fields as Kessler Mountain Regional Park. The contract was for $547,140 with an approved project contingency of $82,071. DISCUSSION: After excavation of the subsoil on Field #3 at Kessler baseball complex, ground water surfaced at several locations in the subsoil. The subsoil in the areas around the ground water are poor quality and unsuitable for subgrade stabilization. To remedy the ground water and poor subsoil, approximately half of the infield needs to be excavated an additional 2 feet and replaced with a more suitable base material that will allow the ground water to migrate into the drainage system and provide a stable subsurface to construct the synthetic infield on. Also, to accommodate the access gates for the synthetic turf maintenance equipment and for improved field access, it is necessary for the synthetic turf to extend across the width of the existing access gates for all fields. Because of the irregular shape of the infields, the initial estimates of the square footage this would require were slightly underestimated compared to actual on -field measurements. As the location of the edge of the synthetic turf was finalized based on the existing grade and the location of the gates, additional square footage of synthetic turf is required over the initial square footage estimate that the bid was based on. BUDGET/STAFF IMPACT: The cost to excavate and replace the subgrade to a suitable material on Field #3 is $45,375. The cost for the additional square footage of synthetic turf required for all infields is $28,952. The total cost for Change Order #1 is $74,327. This is within the approved project contingency. Attachments: Change Order #1 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 LETTER OF TRANSMITTAL Date: January 2, 2020 To: City of Fayetteville 113 W. Mountain St Fayetteville, AR 72701 UNIT TURF AND TRACK PO BOX 565 ARCADIA, OK 73007 WWW.UNITEDTURFANDTRACK.COM Attn: Byron Humphry - bhumphry@fayetteville-ar.gov Project: Kessler Mountain Turf Project Reference: Change Order #1 Proposal for Sub -Grade Remediation on Field #3 and Additional Turf SF Description: Change Order #1 Sub -Grade Remediation on Field #3 (based upon 7,500 SF): - Undercut approx. 24" (+/- 555 CY) of existing sub -grade soils, load -out in City of Fayettville Trucks, and laser grade to drain to perimeter ditch line - $12,075.00 - Install separator fabric, #2(B) stone at +/- 12" thick (+/- 360 tons), place, and compact - $13,050.00 - Install separator fabric, Class 7 base stone at +/- 12" thick (+/-450 tons), place, compact, and laser grade - $20,250.00 - TOTAL COST FOR SUB -GRADE REMEDIATION - $45,375.00 Additional Area difference from Original RFP Area: - Actual SF: 15,300 SF x 4 Fields = 61,200 SF - RFP SF: 14,360 SF x 4 Fields = 57,440 SF - Difference: 940 SF x 4 Fields = 3,760 - TOTAL COST FOR ADDITIONAL SF (3,760 SF @ $7.70) = $28,952.00 We agreed to work with 15,300 sq ft per field which totals 61,200 sq ft which is 3,760 more than the contract amount. You were going to look at the cost per sq ft to lay additional turf minus some of the fixed costs and then use that price per sq ft and the 3,760 sq ft total to determine the change order for additional turf. We agreed on the soil remediation change order as is with the exception that you were also going to install some flat drains under the B -stone. Original Contract Amount ADD 3,760 SF of Turf @ $7.70/SF ADD Perform Soil -Remediation on Field #3 Total Contract Price with CO #1 Professionally, Dillon Ripley, President United Turf and T---' allison@unitedl 405.747.7748 Accepted By & $547,140.00 $ 28,952.00 $ 45,375.00 $621,467.00 �-ao20