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Home My WebLink About296-21 RESOLUTIONpF FAY ETJf L p _iron s'�m a R KANSF 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 296-21 File Number: 2021-0930 BID # 21-77 GOINS ENTERPRISES, INC.: A RESOLUTION TO AWARD BID # 21-77 AND AUTHORIZE A CONTRACT WITH GOINS ENTERPRISES, INC. IN THE AMOUNT OF $788,000.00 FOR CONSTRUCTION OF APPROXIMATELY 2,600 FEET OF 8 INCH AND SMALLER WATERLINES FOR THE SOUTH GARLAND AVENUE WATERLINE REPLACEMENT PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF S157.600.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 21-77 and authorizes Mayor Jordan to sign a contract with Goins Enterprises, Inc. in the amount of $788,000.00 for the construction of approximately 2,600 linear feet of 8-inch and smaller waterlines for the South Garland Avenue Waterline Replacement Project, and further approves a project contingency in the amount of S 157,600.00. 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 12/7/2021 Page 1 Printed on 1218121 Resolution. 296-21 File Number: 2021-0930 Attest: Kara Paxton. City Clerk Treasurer .S � ?c�.FAYETTEVILLE; '� 9 • gRKANSP • J2�. IG . O � Page 2 Printed on 12/8/21 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 1 (479) 575-8323 Text File File Number: 2021-0930 Agenda Date: 12/7/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A.9 BID # 21-77 GOINS ENTERPRISES, INC.: A RESOLUTION TO AWARD BID # 21-77 AND AUTHORIZE A CONTRACT WITH GOINS ENTERPRISES, INC. IN THE AMOUNT OF $788.000.00 FOR CONSTRUCTION OF APPROXIMATELY 2,600 FEET OF 8 INCH AND SMALLER WATERLINES FOR THE SOUTH GARLAND AVENUE WATERLINE REPLACEMENT PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $157,600.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BV THE CITV COUNCIL OF THE CITY OF FAVETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 21-77 and authorizes Mayor Jordan to sign a contract with Goins Enterprises, Inc. in the amount of $788.000.00 for the construction of approximately 2,600 linear feet of 8-inch and smaller waterlines for the South Garland Avenue Waterline Replacement Project, and further approves a project contingency in the amount of $ l 57,600.00. Section 2: That the City Council of the City of Fayetteville.. Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 121812021 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2021-0930 Legistar File ID 12/7/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/18/2021 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid #21-77 and approving a construction contract with Goins Enterprises, Inc. in the amount of $788,000.00 for construction of approximately 2,600 linear feet of 8-inch and smaller waterlines, and approving a project contingency in the amount of $157,600.00 and approving a budget adjustment. Budget Impact: 5400.720.5600-5808.00 Water and Sewer Account Number 12009.1901 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Fund Water System Rehabilitation/Replacement Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 10,042,504.00 $ 9,498,907.66 $ 543,596.34 $ 945, 600.00 $ 945, 600.00 $ 543,596.34 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 7, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: November 18, 2021 CITY COUNCIL MEMO SUBJECT: Bid #21-77, Goins Enterprises, Inc. — Construction Contract for S. Garland Ave. Waterline Replacement RECOMMENDATION: Staff recommends awarding Bid #21-77 and approving a construction contract with Goins Enterprises, Inc. in the amount of $788,000.00 for construction of approximately 2,600 linear feet of 8-inch and smaller waterlines and approving a project contingency in the amount of $157,600.00 and approving a budget adjustment. BACKGROUND: On November 9', 2021 the City of Fayetteville accepted sealed competitive bids for the South Garland Avenue Waterline Replacement project. Goins Enterprises, Inc. submitted the lowest bid. All bids are shown here: Boyles Construction Co., Inc. $949,952.00 Goins Enterprises, Inc. $788, 000.00 Goodwin & Goodwin, Inc. $979,675.00 KAJACS Contractors, Inc. $943,960.00 DISCUSSION: This project will reconstruct aging and failing waterline infrastructure along South Garland Avenue from West Walker Street to Cato Springs Road. 6-inch diameter cast iron pipe will be replaced with 8-inch diameter PVC pipe, including replacement of fire hydrants and service connections. The project was designed and permitted through Garver Engineers who will be providing onsite observations and other required construction phase services. BUDGET/STAFF IMPACT: Available budgeted funds are being transferred from the Sewer System Rehabilitation account to the Water System Rehabilitation account to cover the cost of this project. Attachments: Project Vicinity Map Certified Bid Tab, Bid #21-77 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BASIS V IV11 VI 1 1 IV1I-\1 NO SCALE CITY OF FAYETTEVILLE ARKANS ARKANSAS BID TABULATION BID 21-]J, CONSTRUCTION - SOUTH GARLAND WATERLINE REPLACEMENT DEADLINE: Tuesday, November 9, 2021 by 2:00 PM CST CERTIFICATION OF FUNDS CerdJled Funds $ 800,000.00 25%Additional AllowancdAllowed Per State Law $ 200,000.00 Maximum Award Amount $ 1,000,000.00 Total Cos[ ._. $ 949,952.0 $ 788,000.0 $ 9J9,675.0 $ 943,960.0 #1-2 Traffic Control 1 $18,000.0 I8000 $18,000.0 $ I5,000..1 LS $15,000.0 $ 30,000.0 LS $ 3D,000.0 $10,000.0 LS $10,000.0 #1-3 Mobllhation(Net W Exceed S Percent) 1 $30,000.0 300M $30,000.0 $36,100.0 LS $36,100.0 $.0,000.0 LS $40,000.0 $45,000.0 LS $45,000.0 #1-4 Trench and Excavation Safety 1 $ 8,000.0 8000 $ 8,000.0 $15,000.0 LS $151000.0 $ 8,000.0 LS $ 8,000.0 $ 7,000.0 LS $ ],000.0 #1-5 Constr,Rlon Staking 1 $10,000.0 10000 $10,000.0 $2,500.0 LS $2,500.0 $IS,O00.0 LS $IS,000.0 13,111.0 LS $3,SD0.0 #1-6 Bonds and Insurance 1 $12,000.0 12000 $12,000. $16,000.0 LS $ 16,000.0'$ 35,000.0 LS $35,000.0 $I7,500.0 LS $17,SOOD #1-J Site Restoration 1 $ 25,000.0 250M $ 25,000.0 $ 3,000.0 LS $ 3,1300.0 $ 30,000.0 LS $ 30,000.0 $ IJ,500.0 LS $17,SOOD #1-8 Materials and Acceptance Testing 1 $ 6,000.0id dollars a,$6,000.0 $3,000.0 LS $3,U00.0 $10,000.0 LS $10,000.0 $12,500.0 LS $12,500.0 #1-9 Dewatering 1 $ J,000.0 and dollars $ J,000.0 $ 3,000.0 LS $ 3,DUO.0 $ IS,000.0 LS $ IS,O00.0 $ 38,000.0 LS $18,000.0 p1-10 Clearing, Grubbing, and Tree Removal I $12,000.0and dollars $12,000.0 $ 3,000.0 LS $ 3,DUO.0 $ 40,000.0 LS $ 40,000.0 $14,000.0 LS $14,000.0 p1-11 Water Mitigation Da (at locations directed by the Engineer) 6 $1,900.0 hundred d$ 11,400.0 $300 EA $1,BU0.0 $1,500.0 EA $9,000.0 $1,000.0 EA $6,000.0 #1-12 Flowable Fill Abandoned Water Lines Abandoned under Roadway 2500 $I7.5 dollars and$ 13,]110 $e LF $M000.0 $10 LF $25,000.0 $15 LF $37,500.0 p1-13 6" PVC Water Line (AW WA C900, DR-14) 100 $101 one dollars $10,100.0 $ 80 LF $ 8,DU0.0 . $100 LF $10,000.0 $100 LF $10,000.0 p1-14 8" PVC Water Line (AW WA C900, DR-14) 1905 $ 98.4 : dollars am$ I87,452. $ 85 LF $161,925. $110 LF $ 209,550. $102 LF $194,310.0 p1-IS B"Dl Water Line(AWWACI51, 250 psi)withExteri,r Zinc Coatlng, without Asphaltic Coating 510 $110 [en dollars $56,100.0 $90 LF $45,900.0 $125 LF $63,J50.0 $115 LF $58,650.0 p1-16 Water Sen,ce Line(Includ,ng Boring Under Roadway) I500 $6B !dollars an$102,000. $31 LF $46,500.0 $SS LF $82,500.0 $3].S LF $56,250.0 pl-1] Water Meter Setting 33 $1,650.0 ndred flky $S4,450.0 $1,100.0 EA $36,300.0 $1,500.0 EA $49,500.0 $1,500.0 EA $49,500.0 pl-IS 8"xB"Tapping Sleeve and Valve 4 $8,100.O:hundredd532,400.0 1'11.1 EA $2J,200.0 $6,500.0 EA $10,250.0 EA :41,000.0 p1-19 6"x6" Tapping Sleeveand Valve 2 $7,000.Omddollars $ 14,000.0 $6,300.0 EA $12,600.0 $5,000.0 EA $10'M.0 $9,750.0 EA $19,500.0 #1-20 Cut and PI ug Exist, rig 8"Water Line 3 16:100:0 idd,1l,rsa,511,000.0 1,21.1 EA $12,600.0 $3,500:0 EA $10,500.0 I:,500.0 EA $10,500.0 p1-21 Cu[and Plug Existing fi"Water Line 4 $5,000.0 id dollarsa $20,000.0 $4,000.0 EA $16,000.0 $2,500.0 EA $10,000.0 $3,500.0 EA $14,DDO.D #1-22 8"Gate Valve 2 12,630.0 Arad thlrty$5,260.0 12,600.0 EA $5,200.0 $3,510.0 EA 17,000.0 12,250.0 EA I,500.1 p1-23 6" Gate Valve 1 I l,850.0 ,ndred I , $1,850.0 $1,900.0 EA $1,900.0 $ 3,000.0 EA $ 3,000.0 $1,500.0 EA $1,500.0 #1-24 Fire Hydrant Assembly 6 $6,015.0 keen dollar$ 36,090.0 $6,800.0 EA $40,800D $6,000.0 EA $36,000.0 $6,000.0 EA $36,000.0 p1-25 Ductile Iron Fittings 2J50 $14 dollars and $16 LB $44,000.0 $15 LB $41,250.0 $17.5 LB $48,125.0 #1-26 16" Steel Bored Steel Encasement 80 1510 ffty dollar$-000.0 $SJS LF $70,000.0 $425 LF $34,000.0 $JSD LF $60,000.0 p1-2] Remove and Replace Wood Privacy Fence and Gate 100 $56 Collars and $5,600.0 $35 LF $3,500.0 $45 LF $4,500.0 $60 LF $6,000.0 #1-28 Cold Mix(Temporary) Pavement Repa,r, 250 $61 dollars anc515,250.0 $75 S1 111,750.0 $15 SY $3,750.0 $45 SY $11,250.0 p1-29 Asphalt Pavement Repair Soo $130 N dollar $ 65,000.0 $145 SY $ 72,500.0 $125 SY $ 62,500.0 $115 SY $ 5],500.0 #1-30 Concrete Pavement Repair SO $105 five dollars$ 5,250.0 $145 SY $J,250.0 $85 SY $4,250.0 $75 SY $3,]50.0 p1-31 Concrete Curb and Gutter Replacement 250 $31 : dollars an,$ 1,750. $65 LF $16,250.0 $45 LF $11,250.0 $45 LF $11,250.0 #1-32 Concrete S,dewalk Replacement 25 $90 iollars and,$2,250.0 $72 Sy $1,800.0 $65 Sy $1,625.0 $65 SY $1,625.0 p1-33 Solid Sodding 1250 $I8 dollarsand$ 22,50D.0 $3.5 SY $10 SY $12,500.0 $11 SY $13,750.0 #1-34 Underc,tand Ba""' SD $30 .liars and r$ 1,500.0 $25 CY $as CV $4,250.0 $60 Cy $3,000.0 p1-35 Rock Excavation 100 $ 65 dollars and $ 6,500.0 $100 CY $10,000.0 $ 200 CV $ 20,000.0 $ 2J5 CY $ 27,500.0 CITY OF FAYETTEVILLE ARKANS ARKANSAS Bid 21-77, Construction - South Garland Waterline Replacement - Bid 21-773 Construction - South Garland Waterline Replacement Project Overview Project Details Reference ID Bid 21-77, Construction - South Garland Waterline Replacement Project Name Bid 21-77, Construction - South Garland Waterline Replacement Project Owner Jonathan Smith Project Type ITB Department Purchasing Budget $0.00 - $0.00 The City of Fayetteville is accepting bids from properly licensed firms for waterline replacement on South Garland. Improvements consist of installing approximately 100 linear feet of 6-inch polyvinyl chloride Project Description (PVC) water line, 2,000 linear feet of 8-inch polyvinyl chloride (PVC) water line, and 500 linear feet of 8" ductile iron (DI) water line. Questions should be addressed to Jonathan Smith, Sr. Purchasing Agent, at jonsmith@fayetteville-ar.gov. Open Date Oct 10, 2021 12:00 AM CDT Close Date Nov 09, 2021 2:00 PM CST Highest Scoring Supplier Score CITY OF FAYETTEVILLE ARKANS ARKANSAS Goins Enterprises, Inc. Seal status Requested Information Required Signature Forms AR Secretary of State Filing # Arkansas Contractor's License Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25- 1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Bid 21-77, Bid Table (BT- 16AT) Conflict of Interest Unsealed on Nov 09, 2021 2:02 PM CST Nov 09, 2021 2:02 PM CST Nov 09, 2021 2:02 PM CST Nov 09, 2021 2:02 PM CST Nov 09, 2021 2:02 PM CST Nov 09, 2021 2:02 PM CST 100 pts Unsealed by Jonathan Smith Jonathan Smith Jonathan Smith Jonathan Smith Jonathan Smith Jonathan Smith # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by CITY OF FAYETTEVILLE ARKANS ARKANSAS Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: * has direct or indirect financial interest in the award of the contract to any proponent; * is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, * has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Jonathan Smith Nov 09, 2021 2:02 PM CST No CITY OF FAYETTEVILLE ARKANS ARKANSAS Public Notices Question and Comment Deadline has been extended Jonathan Smith, Oct 19, 2021 2:25 PM CDT Good afternoon everyone, After receiving feedback during the pre -bid meeting, we have decided to extend the deadline for questions and comments to Wednesday, October 27, 2021. Make sure you submit all questions to Jonathan Smith at jonsmith@fayetteville-ar.gov. Thank you! Bid 21-77, FILE 03 - Addendum 1 Jonathan Smith, Oct 27, 2021 1:17 PM CDT Good afternoon everyone, Addendum 1 has been posted. This addendum was used to address the volatility of the current supply chain, which could affect pricing, lead times, availability and delivery of materials associated with this project. If you have any questions, feel free to contact me at 479-575-8220 orjonsmith@fayetteville-ar.gov. Bid 21-77, FILE 04 - Addendum 2 Jonathan Smith, Oct 27, 2021 3:45 PM CDT Addendum 2 has been posted to Bonfire. This addendum was used to answer all questions submitted to the Purchasing Division. We have also included a complete list of all Pre -Bid Meeting attendees. CITY OF FAYETTEVILLE ARKANS ARKANSAS Submissions Supplier Date Submitted Boyles Construction Co., Nov 09, 2021 1:09 PM Inc. CST Goodwin & Goodwin, Inc. Nov 09, 2021 11:04 AM CST Kajacs Contractors Inc. Nov 09, 2021 1:15 PM CST Goins Enterprises, Inc. Nov 09, 2021 1:45 PM CST Name Email Brenda Marshall bmarsha114092@yahoo.) David Garcia docryde@yahoo.corr Michael Titsworth mtitsworth@kajacs.co Jerry Goins contact@goinsent.cor CITY OF FAYETTEVILLE ARKANS ARKANSAS Project Criteria Criteria I Points Total Lump Sum Bid Price 100 pts Within Certified Funds Pass/Fail Total 100 pts Description Total Lump Sum Bid Total base bid must be within 125% of certifies CITY OF FAYETTEVILLE ARKANS ARKANSAS Scoring Summary Active Submissions Total Total Lump Sum Bid Price Supplier / 100 pts / 100 pts Goins Enterprises, Inc. 100 pts 100 pts ($788,000.00) Kajacs Contractors Inc. 83.48 pts 83.48 pts ($943,960.00) Boyles Construction Co., Inc. 82.95 pts 82.95 pts ($949,952.00) Goodwin & Goodwin, Inc. 80.43 pts 80.43 pts ($979,675.00) CITY OF FAYETTEVILLE ARKANS ARKANSAS Proposal Scores Boyles Construction Co., Inc. - Scoring Summary Evaluation Group 1 - Main Evaluation Total Total Lump Sum Bid Price Reviewer / 100 pts / 100 pts Amanda Beilfuss - Andrea Foren Jonathan Smith 82.95 pts $949,952.00 $949,952.00 Average: 1 Calculated: 82.95 pts 82.95 pts ($949,952.00) CITY OF FAYETTEVILLE ARKANS ARKANSAS Goodwin & Goodwin, Inc. - Scoring Summary Evaluation Group 1 - Main Evaluation Total Total Lump Sum Bid Price Reviewer / 100 pts / 100 pts Amanda Beilfuss - - Andrea Foren - - Jonathan Smith 80.43 pts $979,675.00 Average: $979,675.00 1 Calculated: 80.43 pts 80.43 pts ($979,675.00) CITY OF FAYETTEVILLE ARKANS ARKANSAS Kajacs Contractors Inc. - Scoring Summary Evaluation Group 1 - Main Evaluation Total Total Lump Sum Bid Price Reviewer / 100 pts / 100 pts Amanda Beilfuss - - Andrea Foren - - Jonathan Smith 83.48 pts $943,960.00 Average: $943,960.00 n Calculated: 83.48 pts 83.48 pts ($943,960.00) CITY OF FAYETTEVILLE ARKANS ARKANSAS Goins Enterprises, Inc. - Scoring Summary Evaluation Group 1 - Main Evaluation Total Total Lump Sum Bid Price Reviewer / 100 pts / 100 pts Amanda Beilfuss - - Andrea Foren - - Jonathan Smith 100 pts $788,000.00 Average: $788,000.00 1 Calculated: 100 pts 100 pts ($788,000.00) CITY OF FAYETTEVILLE ARKANS ARKANSAS Proposal Score Comments Boyles Construction Co., Inc. - Scoring Comments Total Lump Sum Bid Price - Reviewer Scores Reviewer Jonathan Smith Score 82.95 pts ($949,952.00) Within Certified Funds - Reviewer Scores Reviewer Score Reason Reason Jonathan Smith Pass Meets the requirement(s) CITY OF FAYETTEVILLE ARKANS ARKANSAS Goodwin & Goodwin, Inc. - Scoring Comments Total Lump Sum Bid Price - Reviewer Scores Reviewer I Score Reason Jonathan Smith 1 80.43 pts ($979,675.00) - Within Certified Funds - Reviewer Scores Reviewer Jonathan Smith Reason Meets the requirement(s) CITY OF FAYETTEVILLE ARKANS ARKANSAS Kajacs Contractors Inc. - Scoring Comments Total Lump Sum Bid Price - Reviewer Scores Reviewer I Score Reason Jonathan Smith 1 83.48 pts ($943,960.00) - Within Certified Funds - Reviewer Scores Reviewer Jonathan Smith Reason Meets the requirement(s) CITY OF FAYETTEVILLE ARKANS ARKANSAS Goins Enterprises, Inc. - Scoring Comments Total Lump Sum Bid Price - Reviewer Scores Reviewer I Score Reason Jonathan Smith 100 pts ($788,000.00) - Within Certified Funds - Reviewer Scores Reviewer Jonathan Smith Reason Meets the requirement(s) CITY OF FAYETTEVILLE ARKANS ARKANSAS Signatures Name Jonathan Smith (Project Owner) Signatures Jonathan Smith Digitally signed by Jonathan Smith Date: 2021.11.18 13:20:55-06'00' Amanda Beilfuss Andrea Digitally signed by Andrea Foren (Evaluator) Foren Date: 2021.11.18 13:36:56-06'00' Andrea Foren Andrea Digitally signed by Andrea Foren (Evaluator) Foren Date: 2021.11.18 13:36:30-06'00' Jonathan Smith Digitally signed by Jonathan (Evaluator) Jonathan Smith Smith Date: 2021.11.18 13:21:11-06'00' DOCUMENT 00410 — B1.13 BOND KNOW ALL MEN BY THESE PRESENTS: that we Goins Enterprises, Inc. 3255 N. County Lane 252 M 0 64801 as Principal, hereinafter called the Principal, and The Ohio Casualty Insurance Company 175 Berkeley Street Boston. MA 02116 a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called Surety, are hold and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the sum of Five Percent of the Amount Bid Dollars ($, 5% ), for the payment of which sum, well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted a Bid for: Task Order 1 — South Brooks Avenue and South Garland Avenue NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such Bid, and give such Bond or Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for 00410-Bid Bond.doc 00410 —1 Project No, 19W01110 DOCUMENT 00410 -- BID BOND (continued) which the Owner may in good faith contract with another party to perform the Work covered by said Sid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 9th day of November 2021 PRINCIPAL Gdns Enterprises, Inc. ' Y J"� SURETY Company Attorney -in -Fact SE .,.: V TTORNEY (This Bond shall be accompanied with Attorney-in-Fact's authority from Surety) END OF DOCUMENT 00410 (CORPORATE SEAL) (CORPORATE SEAL) 00410-13id Bond.doc 00410-2 Project No. 19WO1110 This Power of Attorney limits the ads of those named herein, and they have no authority to 10�bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8206255. 969092 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONSBY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Stale of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the °Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Chandler 11, all of the city of - Kansas City state of MO each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute; seal, acknowledge and deliver, for and on its behalf as surety and as Its act and deed, any and all undertakings, bonds, recognizanc:as and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons, IN WITNESS. WHEREOF; this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed theretothis 8th dayof September , 2021 . Liberty Mutual Insurance Company oP oN"U�d JP�<Y INSU� P� meNsoUggd The Ohio Casualty Insurance Company e° Wry �m c°or�°Wroo y� c, °o Wre West American Insurance Company Yi1912 ; 2y1919P�o � 1991 0 //��// By. of PENNSYLVANIA David M. Carey, Assistant Secretary N of MONTGOMERY as On this 8th day of .September , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ami `m Company, The Ohio. Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes c a therein contained by signing on behalf of the corporations by himself as a duly authorized officer. i CE IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. q) 0a PAST Q-0 C �'�Aorvw F mry Ith a Pan tyQ off` Fgfa �( Teresa Paaella, Nary Pub4c 5� /% N Montg.' yCounty aommiasion//^/�) /f/22(�C-,G/[,/J c E - MyexpYeai*,mrza, M By: /"� '_ O N ry�Nsruv+`9o-� MnnEer, PemeyNWan ,a Naaks Teresa Pastella, Notary Public Q `o . qRY pUe�- o a This Power of Attorney is made and executed pursuant to and by authority of the foilming By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 m Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 0 M ARTICLE IV - OFFICERS: Section 12, Power of Attorney. °p Any officer other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the a co President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to ad in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety m m any and all undertakings, bonds, recognizance$ and other surety obligations, Such attorneys -in -fact, subject to the limitations set forth In their respective powers of attorney, shall a uw have full power to bind the Corporation by their signature and execution of any such Instruments and to attach thereto the seal of the Corporation. When so executed, such CO m - instruments shalt be as binding as if signed by the President and attested to by the Secretary. Any paver or authority granted to any representative or altomeyuin-fact under the a a provisions of this ardde may be revoked at any time by the Board, the Chairman, the President or by the officer a officers granting such power or authority. o ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such allomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recogn¢ances and other surety obligations. Such ahomeys-in-fact subject to the limitations set forth in their respecfive powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such allomeys-in- fact as may be necessary to ad on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognaances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company In connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of aftomey of which the foregoing is a full, We and correct copy of the Power of Attorney executed by said Companies, is in full face and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9th day of November , 2021 (0(90 INgyxa mNSU��e�yc+�P°°aO��d�'19 i 31991 e msF�.sa3� ry,°,ow FNda; By. Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIc OCIC WAIC Multi Co 02/21 DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT: Contract Name: Task Order 1 - South Brooks Avenue and South Garland Avenue Date: /f — 7 - Z- I SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company too 11-5 h --e frpis-e,,s Inc, Name C Vri ,e. o& h r- Address Z' Z G-S - C:a t - A-Qm f Z5 Zr Principal Office C b:,0 G, , 6 4!c7 O / Corporation, partnership, individual, joint venture, other�- Arkansas State General Contractor's License Number For a Contractor to be considered as Commercially Proven, the Contractor must satisfy all insurance, financial, and bonding requirements of the City of Fayetteville, and must have had at least 5 (five) years active experience under the current Contractor name or as permitted by law in the installation of the product bid, included relocation of 8" or larger water lines along an existing roadway to accommodate roadway improvements with accurate number of service connections. The Contractor shall have executed work for municipalities operating water/sewer facilities or water/sewer contracted operations with a minimum of three (3) projects exceeding five hundred thousand dollars ($500,000). Work for developers and commercial site work will not be considered as permissible work experience. Acceptable documentation of these minimum installations must be submitted to the City of Fayetteville. 00140-Bidder Qualifications.doc 00140 - 1 Project No. 19W01110 DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) EXPERIENCE STATEMENT 1. Bidder has been engaged as a General Contractor in construction for ! years and has performed work of the nature and magnitude of this Contract for o years. Bidder has been in business under its present name for / 02 years. 2. Bidder now has the following bonded projects under contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and estimated completion date.) e 0-i-c 3. Bidder has completed the following (list minimum of 3) contracts consisting of work similar to that proposed by this Contract: (On a separate sheet, list project name, owner, name of owner contact, engineer 1 architect, name of engineer/architect contact, amount of contract, surety, and date of completion and percentage of the cost of the Work performed with Bidder's own forces.) 6, m&k 4. Has Bidder ever failed to complete any project? If so, state when, where, and why. IV-6 5. Bidder normally performs the following work with his own forces: 6. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): 00140-Bidder Qualifications.doc 00140 - 2 Project No. 19WO 1110 DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT: CONTINUED 7. In the event the Contract is awarded to Bidder, the required surety Bonds will be furnished by the following surety company and name and address of agent: (� h t a �a.s i�..w�-� �•� s cti.-�, ems- Cf, gZ WQ-d c�dCrc..safer ;`bd , 7`Ce ; i�20 V1 S. Bidder's Workmen's Compensation Experience Modifier Factor is: s 79 FINANCIAL STATEMENT Bidder possesses adequate financial resources as indicated by the following: Assets and Liabilities: Attach a financial statement, audited if available, including Bidder's latest balance sheet and income statements showing the following items: a. Current assets (cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses). b. Net fixed assets. c. Other assets. d. Current liabilities (accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes). e. Other liabilities (capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). f. Name of firm preparing financial statement and date thereof 00140-Bidder Qualifications.doc 00140 — 3 Project No. 19WOI 110 DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT: (CONTINUED) If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. CurrenntlJ dgments: The following judgements are outstanding against Bidder: Judgment Creditors Where Docketed and Date Amount a. $ b. $ Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: / /— 07 .20 (OFFICIAL SEAL) Name of Organization: 4 ;'rt _J 7 0mS �i� <LJLJ Q• ILI -0. By SN10� Title (If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature of a duly -authorized officer and with the corporate seal affixed.) END OF DOCUMENT 00140 00140-Bidder Qualifications. doe 00140 — 4 Project No. 19W01110 a E c o o x L � Y N N a O e0 m C O Ol 01 F tD Y rl rl C m r g a g a m rL cc w V v C N C7 J J U N Z N ` r Uj a w c T a L z w o N 'O .-I N N N Y Q a N u N a N t a N ii ry a N Yi N a V N a u N a N ii N a N ii ry a N ti N a N ia' ry a N ri N a N ti ry y L' N a a N a a a s a a a a a a a E 'o 'o c" 'o 'o 'o A 'o o '= 'o 'o u a0a0 a0 a0 a0 a a 0 y ry0 N N N O N O N O N O N O N O ry O ry O ry ry d O. C ' 00 hp N n o z a ¢ Q Q O O O vai 0 0 0 0 0 0 0 0 0 0 0 0 0 o a N m m io v o c ri vi o vi °.� o ri m a 6 a �6 m ai a 4 m o o J vmi4 oryo C o o En 0 0 00 w 0 0 00 1p ry r!1 � ri w ul a vj a vj o vj N Q m .-I N N m lD N N N N �-1 •-I u a O � VT V} VT V} V} iA V1 N V1 Vl i/� Vf ti o �n n m m 0 0 0 0 o m N m rl N tp rl 'i rl 'i •-I rl 'i O l0 ut I� W tp C N � h h h h N m c owo m v v m I? `C q q a q n o i N N N m 0 o n n n n n o s a a a a a a v a a n n g m 3 w CO- V0 Y 3 Y 3 Y 3 Y 3 Y 3 a c a v L y m u c c y m v a v m v m v a o w o O J E u v—` r t �° E u E u E u E u E u c Z j U a u O L 3 m G Y C a¢¢¢¢ N a N O Y` O mOO G y 0 C 0 a ; O O 0 0 0 0C C O G Sv = aO 0 O O " n h _ v h 3 a r° a u za ur r r r r a Y ac c a E c a E a E a m E w u m E � a u a 0 a a a p .ti 6 a a a � n a C 'a C >• a C' c E J L y (0 GC G cC L C y 0 o. v 217 3 3 Y a 3 o c 0 N N N Y m m O@ 3 E v ° c a �� 0 CO a C L OHO QO >— 0 N o 0 a c� 0 a 0 a 0 a 0 a =' a a` 3 a voi 0 a 3 o z w 0 Z U 0 W GOINS ENTERPRISES, INC (417)659-6082 phone 3255 N. County Lane 252 (417) 659-6092 fax Joplin, NO 64801 contact@goinsent.com COMPLETED PROJECTS REFERENCES: (All work bonded by Hub International) Mark Gardner (913)236-4900 Project Name Englneer/Owner/PM Phone Protect Amount Started Completed MOAM-15th and Kansas WMR Missouri American Water 417-037-1270 $ 240,527.00 Jan, 2021 Joplin, MO Trenton McCarty Mar, 2021 Greystone, phase 1 Tony Cantrell 417-673-4541 $ 65,000,00 Apr, 2021 Oronogo, MO Ororogo Public Works Apr, 2021 MOAM -44th and Main WMR Missoun American Water 417-437-1270 $ 109,430,94 Nov, 2020 Joplin, MO Trenton McCarty Feb, 2021 MOAM - 7th and Club Missouri American Water 417-437-1270 $ 347,366.23 Dec, 2020 Joplin, MO Trenton McCarty Jan, 2021 ACI International Fire me Joplin MITI Properties 615-289-0982 $ 106,072.00 Nov, 2020 Joplin, MO Bill Havrilka Dec, 2020 MOAM -13th Street WMR Missouri American Water 4174373270 $ 123,899.38 Nov,2020 Joplin, MO Trenton McCarty Dec,2020 MOAM WTP- Concrete and Handrails Missouri American Water 417-626-8509 x 2003 $ 176,754.00 Nov, 2020 Joplin, MO Ray Elliott Dec, 2020 MOAM -26th and Connecticut Pipeline Phase 1 WMR Missouri American Water 314-619 9344 $ 668,090,75 Sept, 2020 Joplin, MO Rob Caraccio Dec, 2020 MOAM -14th and Campbell Parkway Phase 1 WMR Missouri American Water 417437-1270 $ 207,174.52 Sept, 2020 Joplin, MO Trenton McCarty Dec, 2020 MOAM -14th and Campbell Parkway Phase 2 WMR Missouri American Water 417-037-1270 $ 225,017.06 Oct, 2020 Joplin, MO Trenton McCarty Dec, 2020 MOAM -Virginia Ave Project Missouri American Water 417437-1270 $ 295,431.30 Jun, 2020 Joplin, MO Trenton McCarty Nov, 2020 MOAM -Virginia Ave Project, Phase 2 Missouri American Water 417-437-1270 $ 300,254.63 Aug, 2020 Joplin, MO Trenton McCarty Nov, 2020 Building 2051 Water Service American Water Military 573-5863275 $ 28,360.00 July, 2020 Fort Leonard Wood, MO Jeffrey Hollis Oct, 2020 Building 1000 Water Line Relocation American Water Military 573-586-4275 $ 75,390.00 July, 2020 Fort Leonard Wood, MO Jeffrey Hollis Oct, 2020 Fairway Drive Stormwater City of Carl Junction 417-649-6843 $ 31,884,00 Aug,2020 Carl Junction, MO Oct, 2020 Birnamwood Underground Electric Replacement City of Miami 918-542-6346 $ 287,500.00 Mar, 2020 Miami, OK Tyler Cline 918-542-5104 Oct, 2020 Murphy's Oil Wright Construction 636-220-6850 $ 70,600.00 Aug, 2020 Republic, MO Brian Guccione Se t, 2020 MOAM- Wade Street Project Missouri American Water / s-L/ $ 213,651.87 May, 2020 Republic, MO Trenton McCarty Au& 2020 MOAM- Oak Avenue Phase l Missouri American Water / i- $ 356,616.81 Jani Joplin, Missouri Trenton McCarty Au& 2020 MOAM- Oak Avenue Phase 2 Missouri American Water 3/- $ 234,909,W Feb,2020 Joplin, Missoud Trenton McCarty Aug, 2020 MOAM -MOPV Red Haw -Lake Waukomis Missouri American Water 913-/A-984b $ 144,632.25 Jun,2020 Parkvillle, MO Jacob Kowalewski Aug, 2020 Kum & Go fie Riverside Group, Inc. 9181 $ 45,000,00 July, 2020 Owasso, OK Bre Blackwell July, 2020 MOAM -4th and Murphy Blvd Missouri American Water e - $ 361,761.05 June, 2020 Joplin, MO Trenton McCarty July, 2020 Meter Replacement Craig Copeland 405-406-4410 $ 7DO,000.00 Nov, 2019 Shawnee, OK Core and Main July, 2020 MOAM -MOPV Parkvllle Missouri American Water 713-73T-792E, $ 361,761.05 Feb, 2020 ParkAllle, MO Jacob Kowalewski I June, 2020 Hillsboro Water Service Improvements Michael younger 520-572-1112 $ 744,125A0 Aug,2019 Hillsboro, KS Evans, Beery & Hutchinson June, 2020 Sam's Club Utility Relocation Wright Construction -Y 2 -b/LY $ 13,600.00 May, 2020 Springfield, MO Nathan Bibb May, 2020 MOAM- Hill Street Vault Missouri American Water -bib-xsmx 2w3 11,700.00 Feb,2020 Joplin, MO Ray Elliott May, 2020 Piper Glen 3 Waterline Davi McCune 417-385-3045 117,000.00 Jan, 2020 Joplin, MO Land Development Group Apr, 2020 Water s Edge Water Main Extension John McGrew 417438-2175 89,900.00 Nov, 2019 Joplin, MO Molandco, Inc. 1 1 Mar, 2020 Water Sys Imp Contract #3 Timothy Schoenhoff 417-986-7171 379,500.00 Jul, 2019 Mansfield, MO Great River Engineering Mar, 2020 Perspectives Prep Academy Crossland Construction 620-429-1414 75,OW.00 Feb,2020 Joplin, MO Ryan Studebaker Feb,2020 Meter Replacement Brian Bames 918-586G7128 $ 60,000.00 Nov, 2019 Stigler, OK Core and Main Feb,2020 Okmulgee County, OK Meter Replacement Brian Barnes 918-SSG7128 $ 46,000.00 Aug, 2019 Okmulgee, OR Core and Main I Feb, 2020 waukee Ave Water Main Installation Roger Sparks 816-752-8106 $ 214,780.00 Oct, 2019 Lawson, MO MO American Water 816-233-3317 Jan, 2020 Water System Improvements Brandon Wall 580317-4104 $ 2,367,354.25 Jan, 2019 Elmore City, OK Wall Engineering starting Jan, 2020 MOAM -7th and School Water Main, Phase 2 Missouri American Water 149,500.00 Oct, 2019 Joplin, Missouri Andrew Holdemess Nov, 2019 MOAM- Hampton Place Watennain Relocation Missouri American Water /-613-Jai x 812,000.00 Mar, 2019 Joplin, Missouri David Guinn Sept, 2019 Jasper Lab Eric Norwood 417-893-1622 59,000.00 Jun, 2019 Joplin, MO Jasper Products Aug, 2019 Logan County, OK Meter Replacement Brian Barnes 918-586-7128 24,61DA0 Jul, 2019 Marshall, OK Core and Main Au& 2019 Water Meter Changeout Jerry Jenkins 4 /-529-9//5 $ 90,p00,00 Feb, 2019 Joplin, Missouri Missouri American Water July, 2019 MOAM- 7th and Illinois Waterline Missouri American Water 1T-99-839u $ 55,715.00 Apr, 2019 Joplin, Missouri Andrew Holderness June, 2019 Bison Rd & Durham Rd Water Line Relocation Greg Armstrong 918-WZ-tdll $ 153,695.00 Feb, 2019 Dewey, OK Holloway, Updike, Ballet I Apr, 2019 MOAM -1-44 Carrier Pipe Missouri American Water /-b23-Ub/bx 11JUA $ 54,595.00 Jan, 2019 Joplin, Missouri David Guinn Mar, 2019 Lyon County RWD#1 Brett Waggoner '/ 9- $ 1,494,105.00 Feb, 2018 Mar, 2019 2017 Water System Improvements FIG Consultants I ext 2122 SOth Street Water Line Improvements John Johnson"JY' 4'b/ 3 $ 823,739.00 Aug, 2018 Coffeyville, KS Mar, 2019 TranSystems Missouri American Water MOAM -44th and Wall /b x 130,225.W Jan, 2019 Joplin, Missouri David Guinn Mar, 2019 Star Pipe Foundry Utllity Relocation City of S. Coffeyville 918-637-3961 149,300.00 Nov, 2018 South Coffeyville, OK Dwayne Henderson Feb, 2019 MOAM- WTP Backwash Modifications Mlssoud American Water 314-9962335 225,900.00 Oct, 2018 Joplin, Missouri Ben Teymouri ben.tevmouri(damwi ter.com Jan, 2019 MOAM -44th and Connecticut 12" Water Main Installatl Missouri American Water 4v-bL3 / x 93,665.00 Nov, 2018 Joplin, Missouri David Guinn Jan, 2019 MOAM -1-44 and Indiana Bore Missouri American Water 4 /-bZ3-ub/bx $ 272,850 AO Nov, 2018 Joplin, Missouri David Guinn Jan, 2019 MOAM - Princeton 5t Water Main Relocation Missouri American Water 41/-c o-ub/b x lUW $ 101,9f£,48 Oct, 2018 Joplin, Missouri David Guinn Dec, 2018 MOAM- Quincy St Waterline Missouri American Water /-b2- /bx $ 165,132.68 Nov, 2018 Joplin, Missouri David Guinn Dec, 2018 Tyson Mexican Original Plant fire line loop City of Fayetteville 479-444-3429 360,000.00 June, 2018 Fayetteville, Arkansas Matt Casey Dec, 2018 Kum & Go Water and Sewer Line Kum & Go $ 216,994.00 July, 2018 Joplin, Missouri via Hawk Building Co, I Oct, 2018 Holiday Inn Express Hotel utilities Parsons Hospitality Holdin 27,398.00 July, 2018 Parsons, KS via Integrity Construction Oct, 2018 Holiday Inn Conference Center utilities Parsons Hospitality Holdin 35,198.00 July, 2018 Parsons, KS via Integrity Construction 00, 2018 MoAm Water Missouri American Water - 58,000.00 May, 2019 2018 LOS Meter Replacement Program Andrew Holderness Sept, 2018 MoAm Water Bird & S. Connor Missouri American Water - 246,000.00 Mar, 2018 Water Main Relocation Andrew Holdemess Au&, 2018 Joplin Fire Protection-O'Sulllvan Warehouse water leaks Missouri American Water - 36,000.00 June, 2018 Lamar, Missouri Andrew Holderness July, 2018 Fayetteville, AR MILK Waterline Improvements City of Fayetteville 479-444-3429 1,919,872.00 July, 2017 Fayetteville, AR Matt Casey June, 2018 MoAm Water 23rd and McCoy Missouri American Water 36,509.00 Mar, 2018 Water Main Relocation Andrew Holderness Apr, 2018 MoAm Water Jackson to Mohaska Miwoun American Water 31,970.00 Mar, 2018 Water Main Relocation Andrew Holderness Apr, 2018 MoAm Water 5th and Ozark Missouri American Water -83510 178,024,00 Jan, 2018 Water Main Relocation Andrew Holderness Apr, 2018 Dewey, OR City of Dewey, OK - - 97,875.00 Feb, 2018 Water Line Relocation Kevin Trease Mar, 2018 MoAm Water 22nd Street Florida to Highvlew Missoun American Water 32,130.00 Jan, 2018 Water Main Relocation Andrew Holderness Feb, 2018 Mi Water CDBG 4010 Missouri American Water - 100,480.00 Jan, 2018 Water Main Relocation Andrew Holderness Feb, 2018 MoAm Water 15th & Iowa Main Relocation Missouri American Water - - e 168,805.00 Oct, 2017 Johnny Shepard Dec, 2017 MoAm Water 19th & Highvlew Main Relocation Missouri American Water - - e 106,106.00 Oct, 2017 Johnny Shepard Dec, 2017 MoAm Water Moffet & Glenview Main Relocation Missouri American Water - - e 96,375.00 Oct, 2017 Johnny Shepard Dec, 2017 McAm Water 6th between Jackson & Gray Missouri American Water a 83,245.00 Oct, 2017 Main Relocation Johnny Shepard I Dec, 2017 MoAm Water Warrensburg Missouri American Water - 143,010.00 Oct, 2017 Jackie Thomas Dec, 2017 Pittsburg, KS Mercy Clinic Snyder Const. Group - - 59,584.00 June, 2017 Jordan Irwin I Dec, 2017 MOAm Water Dove Drive Booster Station Missouri American Water - - 209,339.00 July, 2017 Jackie Thomas Dec, 2017 Arvest Bank Crossland Construction - $ 60,000.00 Aug, 2017 Pittsburg, KS Kirk Harris Dec, 2017 Coffeyville, KS Water Line Improvements Allgeler Martin 417-680-7200 267,900.00 June, 2017 14th, 15th and Spruce Streets Blake Watson Nov, 2017 McAm WaterTexas-Arizona 20th to 22nd! Missouri American Water - - 114,725.00 June, 2017 Stormwater Improvements Andrew Holdemess Oct, 2017 Hope City Church Crossland Construction 62o-429-1414 76,600.00 July, 2017 Oct, 2017 Aaron Hight Natural Grocers McPherson Contractors 620-429-1414 120,737.00 July, 2017 Sept, 2017 Jeff Heit Block 22 Heath Dawson 417-830-3493 86,621,00 July, 2017 Aug, 2017 Pittsburg, KS Vedno Group MOAm Water 20th and Ozark Water Main Relocation Missouri American Water - 109,000,00 July, 2017 Aug, 2017 Andrew Holdemess Adams, OK Water Well Constructlon Ron Erdman, PE 580-234-8780 676,000.00 Dec, 2016 July, 2017 Envirotech Engineering Saint Francis Health Center Kurds Koenlgsknecht 918-710-3362 $ 294,438.00 Jan, 2017 June, 2017 Fllntco MOAM Schlfferdecker Bridge Water Main Steve Mifflin 314-996-2290 59,100.00 Jan, 2016 Feb, 2017 Construction MO American Water Regional Eye Center Chad Smith 417-623-3584 54,800.00 Dec, 2016 Jan, 2017 Joplin Fire Protection Pittsburg, IS Wal-Mart Learning Center Wright Construction 636-220-6850 55,478.00 Nov, 2016 Dec, 2016 Glenpool, OK Water System Improvements Russ Fisc er 918-949-6171 2,202,414.00 Jan, 2016 Nov, 2016 Cowan Group Eng. Kansas Crossing Casino-offsite utilities McPherson Contractor T 4-045,000.DO July, 20 66 Jan, 2 117 for City of Pittsburg Jeff Halt 2016 Missouri American Water MO AM Water 110,285A0 Sept, 2016 Sept, 2016 Euclid Ave Water Main Relocation Sam Givens Neosho, MO Hill Street Sanitary Sewer Extension Allgeler Martin & Assoc. 417-680-7200 72,400,00 Oct, 2016 Oct, 2016 City of Neosho J. Eric DeGnI 2016 Missouri American Water MO AM Water - $ 177,005,00 June, 2016 July, 2016 Shoal Creek Water Main Relocation Sam Givens Grove Public Schools Nate Kirk 620-429-9251 163,000.00 April, 2016 July, 2016 Performing Arts Center Crossland Construction Muskogee VA Tower Restoration Sub to Maguire Iron 605-334-9749 x 1637 $ 49,363, 00 April, 2 116 May, 0016 Ben Renken Kansas Crossing Casino-onsite utilities Emery Sapp and Sons - $ 312,000.00 May, 2016 July, 2016 Brad Emory 2015 Missouri American Water MO AM Water 314-996Q335 95,000.00 Nov, 2015 Mar, 2016 15th Street Water Main Relocation Michael MCMillion MOAM -20th Street -Murphy to Main Mike McMillian 314-996-2335 126,000.00 Oct, 2015 Joplin, Missouri mlchael.mcmilllonAamwateccom Jan, 2016 2015 Wyandotte Cultural Center Allgeler Martin 417-680-7200 94,638.00 Oct, 2015 Apr, 2016 Site Utility Package and propane tank Kurt Higgins Last z3rdree eve oper Lay Allgeler Martin 417-680-7200 $ 97,079,00 Nov, 2015 Jan, 2016 Install waterline Kurt Higgins Perry, OK Waterline Relocation Blaine Feely 805-280-1051 $ 96,980.00 Jan, 2016 Apr, 2016 Monsoon Consultants 2015 Missouri American Water MO AM Water 417-623-0676 $ 625,000.00 Oct, 2015 Jan, 2016 Meter changeout program George Campbell 2015 Missouri American Water MO AM Water 314-996-2415 $ 48,905.00 Oct, 2015 Nov, 2015 Geneva and Peters Water Main relocation Troy Turner 2015 Missoud American Water MO AM Water 314-996-2415 $ 38,200,00 Oct, 2035 Nov, 2015 Hill Street Water Main relocation Troy Turner 2015 Missouri American Water MO AM Water 314-996-2335 45,265�00 Oct, 2015 Dec, 2015 Tat & Gray Water Main Relocation Michael McMillian 2015 Wal-Mart Neighborhood Market Immel Construction 920-468-8208 323,98687 July; 2015 Sept, 2015 PHIII Voss 2015 Savanna, OK Utilities Relocation Poe &Associates 918-688-9108 127,900.00 June, 2035 Dec, 2015 Richard Petricek 2015 Chill's Restaurant-Poteau, OK Anthony Vargas 918-971-9401 163,000.00 Mar, 201S July, 2015 Sewer, Water, and Storm Drain 20140SU-Okmulgee Sewer& Water Line Rehabilitation Mark Pitcher 918-293-5412 2,019,001.DO Jun, 2014 Feb, 2015 2014-15 Cherokee Nation So. Coffey>Ille Casino Steve Wright 918-835-1138 624,381.71 Sept, 2014 Feb, 2015 on site and off site Sewer, Water & Storm Drain 2014-15 Wyandotte Nation Road and Water Improveme Kurt Higgins 417-580-7200 $ 1,687,118.08 Aug, 2014 June, 2015 2014 Mercy Clinic -lapin North o Ritter 417-881-M20 151,040.00 Ian, 14 Aug 2014 Sewer line and Water line and Storm Drain 2014 PSU Event Center Reggie Parsons 817-304-3614 $ 228,453.20 Jan, 2014 Nov, 2014 Sewer line and Water line and Storm Drain 2014-15 Commerce Bank Sewer line, Water Line, Nate Stahl 620-429-1414 $ 101,437.00 luly,2014 Au&2015 and Storm Drain 2014-2015 Girard Water System Improvements John Briggs 451,915.00 July, 2014 Aug, 2015 2014 Cott Beverage Expansion: sewer line, water line, and Storm Drain Dan Eads 260-A34-40W x 235 297,191.60 June, 2014 Nov, 2014 e opa Waterline Rehabilitation Jason Coltrane, eng. Ron Wood, mayor bID-249-2185 3,312,814.50 May, 2013 May, 2014 2014 Crowder College Webb City Tornado Safe Room and Expansion Lee Gran[ - M912.00 Aug, 2013 June, 2014 American Water Resources Sewer Line & In -home & Waterline Protection Program, Joplin, MO Matt Barnhart 120,000.00+ 2004 2018 ongoing Northpark Mall: Sewer Line Replacement and Waterline Maintenance Program Phillip Wade - $ 34,168,44 2012 2018 ongoing 2012 Hampshire Terrace Site Sewer, Water, and Storm D lames Byers 513-588-1014 240,000.00 Aug, 2012 Nov, 2012 2011-2012 FEMA Temporary Housing: Sewer Line, Wate and Storm Drain I Dennis Hughes Dennis. E. Hughes Cd usace.army.mil 1,052,000.00 July, 2011 Oct,2011 Principal Members Background and Experience: CARRIE GOINS, PRESIDENT: EDUCATION / EXPERIENCE: Business Administration (1 year) Tulsa Junior College Registered Nursing -Associates degree, Crowder College General Studies -Associates degree, Crowder College WORK HISTORY Goins Enterprises: St. John's Hospital, RN May, 2001- Present Aug, 1998 - May, 2015 (part time) CERTIFICATIONS: OSHA 10 hour safety training OSHA Competent Person -Trenching OSHA Competent Person -Confined Space CPR Certified Flagger Training Asbestos Safety Construction Safety Drug Abuse & Awareness 2019 CPR Certified Provider JOB DUTIES: Overall Office Management Purchasing: tools Accounting: Payables, Receivables, Payroll Business Taxes: MO, OK, AR, KS Promote and Ensure Safety Address Safety Issues Review and Sign Bids and Contracts Employee Background Checks/E-verify JERRY GOINS, VP: CERTIFICATIONS: Missouri Water Distribution III #6346 40 Hour Hazardous Waste Site Training CFR 19.29 Crowder College Confined Space Entry Medical Emergency response training Certified Competent person for trench excavations Oklahoma DEQ Operator Certification Pump & Motor Maintenance certification Electricity, PLC & VFD Operation certification EXPERIENCE: 2002-Present Goins Enterprises, specializing in underground utilities 1997-2002 Missouri American Water utility worker 1993-1997 Branco, Neosho, MO supervisor -underground utilties 1989-1993 Goebel Co, Petaluma, CA supervisor paving and utility pipeline 1985-1989 Rowley Pipelines, Gilbert, AZ supervise utility projects JOB DUTIES: Attend Pre -Bid Conferences Search out new bid opportunities Look over potential job sites to observe/assess needs Estimate bids for new projects Daily contact with field superintendents (Project management) Schedule field crews Meet with/Call Subs and Suppliers Order job materials JIM THOMASON, Estimator/Project Manager EDUCATION: Bachelors of Construction Engineering Associates of Design and Drafting EXPERIENCE: 2012-Present Goins Enterprises, Project manager for all utility projects 2010-2012 Tribal Construction, Est/PM 2009-2010 Conquest, Owner, commercial construction 2008-2009 Darrin Miller Const, Est/PM 2006-2008 JCDM, Est/PM 2000-2006 Crossland Const, Est/PM JOSH SHORT, General Superintendent CERTIFICATIONS: Confined Space Entry Training OSHA 10 Hour Certification OSHA 20 Hour Certification Excavating and Trenching Training 2021 CPR Certified Provider EXPERIENCE: 2005-Present JOSH FLAGER, Field Superintendent CERTIFICATIONS: Goins Enterprises, underground utilities Confined Space Entry Training OSHA 10 Hour Certification Excavation Safety for Competent Person Excavating and Trenching Training Registered Flagger Control Supervisor, Technician DS-3 Distribution System Operator Certification 2021 CPR Certified Provider EXPERIENCE: 2006-Present 2003-2006 2003-2005 MIKE SHOEMAKER, Field Superintendent CERTIFICATIONS: Goins Enterprises, underground utilities Arrowhead Lawncare and Cleaning, Owner Joplin Properties, Property Manager OSHA 10 Hour Certification 2021 CPR Certified Provider EXPERIENCE: 2015-Present Goins Enterprises, Foreman/Operator 2008-2015 Shoemaker Construction, Owner 1993-2008 Snyder Bridge, Heavy Equipment Operator DOUG ARNOLD, PLUMBING ESTIMATOR AND PM 141 a It I 19 WIN I M 01105 OSHA 10 Hour Certification OSHA Competent Person -Confined Space OSHA Competent Person -Trenching OSHA Silica Competent Person Master Plumber License --AR, OK, KS, MO Plasson Electrofusion Operator Training Category One Appliance Venting Drain Waste and Vent Systems 2021 CPR Certified Provider EXPERIENCE: 2017-current Goins Enterprises, Master Plumber 2004-2017 Arnold Plumbing, Owner, master plumber CODY GOINS, OPERATOR, Project Supervisor CERTIFICATIONS: Confined Space Entry Training OSHA 10 Hour Certification 2021 CPR Certified Provider Plasson Electrofusion Operator Training Excavation Safety for Competent Persons CHRISTOPHER DUBOIS, Project Supervisor CERTIFICATIONS: Confined Space Entry Training OSHA 10 Hour Certification 2021 CPR Certified Provider Excavation Safety for Competent Persons TERRY GOINS, OPERATOR CERTIFICATIONS: Confined Space Entry Training OSHA 10 Hour Certification Excavating and Trenching Training DOCUMENT 0400 -BID FORM Contract Name: Task Order 1 --- South Brooks Avenue and South Garland Avenue Bid Number: 21-77 BID TO. - Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: U C� G S n ��r��S %-r L . C�oyo tom, fnU 6�4/ `7 - 6 sue— 66 ARTICLE I - INTENT 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and famish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents, ARTICLE 2 - TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 0400-Sid Form 00400 - I Project No. 19WOI 110 DOCUMENT 00400 —BID FORM (continued) ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date Z-7 Z,/ Z-7 --z—/ B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, 00400-Bid Form 00400-2 Project No. 19W01 110 DOCUMENT 00400 —BID FORM (continued) investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. F. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents, G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and 00400-Bid Foam 00400 — 3 Project No. 19WO1110 DOCUMENT 00400 —BID FORM (continued) Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. L. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P —Excavations. M. Bidder will Buy America Requirements, see attached information in supplementary conditions. 00400-13id Form 00400 — 4 Project No. 19W01110 DOCUMENT 00400 —BID FORM (continued) ARTICLE 4 - BID PRICE Bidder will complete the Work in accordance with the Contract Documents for the following price(s): REFER TO THE CITY'S ELECTRONIC BIDDING PLATFORM TO SUBMIT BID PRICING ELECTRONICALLY. CONTACT THE CITY PURCHASING DIVISION TO SUBMIT A PHYSICAL SEALED BID (APPOINTMENT REQUIRED). 00400-Bid Fort 00400 — 5 Proj ect No. 19 W01110 DOCUMENT 00400 —BID FORM (continued) REFER TO THE CITY'S ELECTRONIC BIDDING PLATFORM TO SUBMIT BID PRICING ELECTRONICALLY. CONTACT THE CITY PURCHASING DIVISION TO SUBMIT A PHYSICAL SEALED BID (APPOINTMENT REQUIRED). 00400-Bid Form 00400 — 6 Project No. 19WO1110 DOCUMENT 00400 —BID FORM (continued) ARTICLE 5 - CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6 - BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a or bank cashier's check or a Bid Bond and in the amount of 5-°ld Dollars ($ B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. 00400-Bid Form 00400 — 7 Project No. 19W01110 DOCUMENT 00400 -BID FORM (continued) ARTICLE 7 - COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: rz S 6 /V. UypC�,� /-,-10 6C5/ _ Email. �``�G i Ci7s 11) [gym Cam Phone No. 7 — 6 FAX No. °mil 7 — 6 ARTICLE 8 - TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. ARTICLE 9 - CONTRACTOR'S ASSURANCES AND EXECUTION/SIGNATURE 9.01 Contractor's Assurances. As the authorized representative of the individual, incorporation, or corporation (hereinafter referred to as the company) bidding on or participating in the project, I certify that I have read and understand the requirements of the General and/or Supplemental Conditions and that the principles, agents and employees of the company will comply with these requirements including all relevant statutes and regulations issued pursuant thereto. I further certify as the authorized agent of the company that: EQUAL OPPORTUNITY I will comply with all requirements of 41 CFR Chapter 60 and Executive Orders 11246 and 11375, including inclusion of all required equal opportunity clauses in each sub -contract awarded in excess of $10,000 and I will furnish a similar statement from each proposed subcontractor, when appropriate. I will also comply with all Equal Employment Opportunity requirements as defined by Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 regarding sex discrimination. NONSEGREGATED FACILITIES The company that I represent does not and will not maintain any facilities provided for its employees in a segregated manner, or permit its employees to perform their services at any location under company control where segregated facilities are maintained; and that the company will obtain a similar certification prior to the award of any subcontract exceeding $10,000 which is not exempt from the equal opportunity clause. 00400-Bid Form 00400 — 8 Project No. 19WO 1110 DOCUMENT 00400 —BID FORM (continued) LABOR STANDARDS I will comply with the Labor Standards Provisions contained in the Contract Documents and furnish weekly payrolls and certifications as may be required by the City of Fayetteville to affirm compliance. I will also require that weekly payrolls be submitted to the City of Fayetteville for all subcontracts in excess of $2,000. OSHA REQUIREMENTS I will comply with the Department of Labor Safety and Health Regulations promulgated under Section 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327-333) in the performance of the contract. PROCUREMENT PROHIBITIONS As required by Executive Order 11738, Section 306 of the Clean Air Act and Section 509 of the Clean Water Act, I certify that I will not procure goods and services from persons who have been convicted of violations of either law if the goods or services are to be produced by the facility that gave rise to the violation. DEBARMENT AND SUSPENSION I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. 9.02 Execution/Signatures for Contractors Assurances above, Bid and total Bid Form. SUBMITTED on /'/°{ v e--- Arkansas State Contractor License No. 19 _ 20 z/. 0 3 Z!F Z/30 �� 00400-Bid Form 00400 - 9 Project No. 19W01110 DOCUMENT 00400 BID FORM (continued) If Bidder is: An Individual Name (type or printed): /V//, By: (SEAL) (Individual's Signature) Doing business as: Business address: Phone No.: FAX No.: A Partnership Partnership Name: YI (SEAL) 0 (Signature of general partner— attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: FAX No.: 00400-Bid Form 00400 — 10 Project No. 19WO1110 DOCUMENT 00400 —BID FORM (continued) A Corporation Corporation Name: C6 /�-X'2 �2. (SEAL) State of Incorporation: s114SSce�c/� Type (General Business, Professional, Service, Limited Liability): (Signature - attach evidence of authority to sign) Name (type or printed): a 22 r Title: I o yr Nr (CORPORATE SEAL) Attest: — (Signature of �t =euvy) Business address: r f7, Phone No.: -47'� 7 - 4" 9 - G o F FAX No.: "A17 — l° 7 - G 0 'Z- END OF DOCUMENT 00400 �PubliEY c, Notary CSealState of MissouriNewton Countymission # 188791 1 3LN:Otary ission Lxpires 01-18 2022 00400-Bid Farm 00400 - 11 Project No. 19WO1110 DOCUMENT 00430 — LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: Task Order 1 — South Brooks Avenue and South Garland Avenue Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Clearing/Demolition Erosion Control Water line �dv, e. Construction Staking Subcontractor's Name and Address Expected Percentage or Value (GO s4--e-°,�j�Fi( 7Bi�ai+iSq Other (designate) s s k 7r+- Gr c Qom• V� -Fr-c.�t rc. C,a-,, 4T-V r NOTE: This form must be submitted in accordance with the Instructions to Bidders. Bidder's Signature END OF DOCUMENT 00430 00430-List of Subcontractors. doc; 00430-1 Project No. 19W01 110 AMENDED & RESTATED WRTITEN CONSENT IN LIEU OF ANNUAL MEETING OF THE SOLE SHAREHOLDER OF GOINS ENTERPRISES INC. The undersigned, being the sole shareholder of Goins Enterprises Inc., a Missouri Corporation (the "Corporation"), acting pursuant to Section 351.273 of The General Business Corporation Law of Missouri does hereby adopt the following resolutions: RESOLVED, that the following individuals be and the same are hereby elected to serve as directors to the Corporation until the next annual meeting of shareholders or until their resignation: Carrie A. Goins Jerry Goins and it is FURTHER RESOLVED, that the actions of the directors of the Corporation in the management of its affairs during the past year be and the same hereby are ratified and approved. IN WITNESS WHEREOF, the undersigned sole shareholder has executed this Written Consent as of the 1 � Tuesday of June, 2016, which execution (including facsimile signatures and copies in pdf format) shall be deemed an original. Carrie A. Goins Primary Responses Success: All data is valid! Status Bid/No Bid Decision # Package 01.0 - Bid Schedule 1 Success: All values provided Bid #1-1 Erosion Control Success: All values provided Bid #1-2 Traffic Control Success: All values provided Bid #1-3 Mobilization (Not to Exceed 5 Percent) Success: All values provided Bid #1-4 Trench and Excavation Safety Success: All values provided Bid #1-5 Construction Staking Success: All values provided Bid #1-6 Bonds and Insurance Success: All values provided Bid #1-7 Site Restoration Success: All values provided Bid #1-8 Materials and Acceptance Testing Success: All values provided Bid #1-9 Dewatering Success: All values provided Bid #1-10 Clearing, Grubbing, and Tree Removal Success: All values provided Bid #1-11 Water Mitigation Dam (at locations directed by the Engineer) Success: All values provided Bj Flowable Fill Abandoned Water Lines Abandoned under Roadway Success: All values provided Bid #1-13 6" PVC Water Line (AWWA C900, DR-14) Success: All values provided Bid #1-14 8" PVC Water Line (AWWA C900, DR-14) 8" DI Water Line (AWWA C151, 250 psi) Success: All values provided Bid #1-15 with Exterior Zinc Coating, without Asphaltic Coating Success: All values provided Bid #1-16 Water Service Line (Including Boring Under Roadway) Success: All values provided Bid #1-17 Water Meter Setting Success: All values provided Bid #1-18 8"x8" Tapping Sleeve and Valve Success: All values provided Bid #1-19 6"x6" Tapping Sleeve and Valve Success: All values provided Bid #1-20 Cut and Plug Existing 8" Water Line Success: All values provided Bid #1-21 Cut and Plug Existing 6" Water Line Success: All values provided Bid #1-22 8" Gate Valve Success: All values provided Bid 91-23 6" Gate Valve Success: All values provided Bid #1-24 Fire Hydrant Assembly Success: All values provided Bid #1-25 Ductile Iron Fittings Success: All values provided Bid #1-26 16" Steel Bored Steel Encasement Quantity Required 1 1 1 1 1 1 1 1 1 1 6 2500 100 1905 510 1500 33 4 2 3 4 2 1 6 2750 80 Unit of Measurement LS LS LS LS LS LS LS LS LS LS EA LF LF LF LF LF EA EA EA EA EA EA EA EA LB LF Tent Unit of..t Measurern LS LS LS Total Cost $ 5,000.00 $ 15,000.00 $ 36,100.00 Numeric Unit Price $ 5,000.00 $ 15,000.00 $ 36,100.00 $ 15,000.00 LS $ 15,000.00 $2,500.00 LS LS $2,500.00 $ 16,000.00 $ 16,000.00 $ 3,000.00 LS LS LS LS EA $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 1,800.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 300.00 $ 8.00 $ 80.00 $ 85.00 LF LF $ 20,000.00 $ 8,000.00 LF $ 161,925.00 $ 90.00 LF LF $ 45,900.00 $46,500.00 $ 31.00 $ 1,100.00 EA $ 36,300.00 $ 6,800.00 EA EA EA EA EA EA EA LB LF $ 27,200.00 $ 12,600.00 $ 12,600.00 $ 16,000.00 $ 5,200.00 $ 1,900.00 $40,800.00 $ 44,000.00 $ 70,000.00 $ 6,300.00 $ 4,200.00 $ 4,000.00 $ 2,600.00 $ 1,900.00 $6,800.00 $ 16.00 $ 875.00 Success: Success: Success: Success: Success: Success: All values All values All values All values All values All values provided provided provided provided provided provided Bld Bid Bid Bid Bid Bld #1-27 #1-28 #1-29 #1-30 #1-31 #1-32 Remove and Replace Wood Privacy Fence and Gate Cold Mix (Temporary) Pavement Repair Asphalt Pavement Repair Concrete Pavement Repair 100 LF $ 35.00 LF $ 3,500.00 250 SY $ 75.00 SY $ 18,750.00 500 SY $ 145.00 SY $ 72,500.00 50 SY $ 145.00 SY $ 7,250.00 Concrete Curb and Gutter Replacement Concrete Sidewalk Replacement 250 LF $ 65.00 LF $ 16,250.00 25 SY $ 72.00 SY $ 1,800.00 Success: Success: All values All values provided provided Bid Bid #1-33 Solid Sodding Undercut and Backfill 1250 SY $ 3.50 SY $ 4,375.00 #1-34 50 CY $ 25.00 CY $ 1,250.00 Success: All values provided Bid #1-35 Rock Excavation 100 CY $ 100.00 CY $ 10,000.00 Bid 21-77, Construction - South Garland Waterline Replacement -Proposal Data r shm,maa pil s69rm swwK, All Sainsbury, bit sm,< anon man s26-1<m, meeomm<mrafim<. mass" m not Imee fim mi an hwaw ad cabinet; A on smile in Win + seem ms2s e mirmcnof Naem VEOIX °costa Ln cotllanlel Me eaJeato Ny wntre<Nmuel nofiry Ae mntrncdJ Whhc<nfiryln BnyXa cmWru.Ywn co., Inc. ]11W2ID62 000590622 Yet,Cll Gams Emsearprism, cm, rc 60 8110<290]280.10523 Yes � w 10010usual2 0016Yet, Helium cmhacb<hc 41,1456 ccalin9 006950322 Yes City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 WATER SEWER (720) 2021 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A budget adjustment is needed within the Water System Rehabilitation and Replacement project to cover the cost for a construction project with Goins Enterprises, Inc. This project will reconstruct aging and failing waterline infrastructure along South Garland Avenue. Available budgeted funds from the Sewer Rehabilitation and Replacement project are being transferred to cover the cost of this project. RESOLUTION/ORDINANCE COUNCIL DATE: 12/7/2021 LEGISTAR FILE ID#: 2021-0930 Hovy 3lack� 11/19/2021 9:31 AM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 12/7/2021 CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.2021 1011 Account Name 5400.720.5600-5808.00 945,600 - 12009 1901 EX Improvements - Water Line 5400.720.5700-5314.00 5400.720.5700-5815.00 (525,000) - (420,600) - 02017 1 EX 02017 1 EX Professional Services Improvements - Sewer H:\Budget Adjustments\2021_Budget\City Council\12-07-2021\2021-0930 Garland Waterline Repl - Goins.xlsm 1 of 1 RECEIVED AND ADDED TO THE AGENDA ON 11/24/21 AT 10:51 AM DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: Task Order 1 — South Brooks Avenue and South Garland Avenue THIS AGREEMENT is dated as of the day of DtWKkrin the year 2011 by and between The City of Fayetteville, Arkansas and G 02WS / .LNG (hereinafter called Contractor). ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The Contract includes, but is not limited to, approximately, 100 linear feet of 6-inch polyvinyl chloride (PVC) water line (South Garland), 2,000 linear feet of 8-inch polyvinyl chloride (PVC) water line (South Garland) and 500 linear feet of 8" ductile iron (DI) water line (South Garland). Refer to Section 00400-Bid Form for quantities: ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by Garver, LLC. Garver, LLC. assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville Utility and/or Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 00500 Agreement 00500- 1 Project No. 19WO1110 DOCUMENT 00500 — AGREEMENT (continued) 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work will be Substantially Completed within 90 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within 120 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal (BID FORM) which is hereto 00500Agreement 00500-2 Project No, 19WOI110 DOCUMENT 00500 —AGREEMENT (continued) attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such 00500 Agreement 00500-3 Project No. 19W01 I10 DOCUMENT 00500 —AGREEMENT (continued) amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 90% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 2. Upon Substantial Completion, The City of Fayetteville shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. 00500Agreement 00500-4 Project No.19WO1110 DOCUMENT 00500 —AGREEMENT (continued) ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of 00500 Agreement 00500- 5 Project No. 19W01110 DOCUMENT 00500 — AGREEMENT (continued) the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents, G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, / investigations, explorations, tests, studies, and data with the Contract Documents. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the 00500 Agreement 00500-6 Project No. 19W01110 DOCUMENT 00500 — AGREEMENT (continued) following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: Highway 170 Water Relocations (Farmington) (South) Washington County 8. Addenda numbers 14 - Z-7. Z j 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. 00500 Agreement 00500-7 Project No. 19WO1110 DOCUMENT 00500 —AGREEMENT (continued) ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 00500 Agreement 00500-8 Project No. 19WO1110 DOCUMENT 00500 — AGREEMENT (continued) 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. § § 18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf. 00500 Agreement 00500 - 9 ProjectNo. 19WOII10 DOCUMENT 00500 — AGREEMENT (continued) This „Agreement will be effective on ��Q/1�, ZO_;�vhich is the Effective Date of the Agreement. CONTRACTOR: 40I^13 By: Title: Title: Mayor (SEAL) (SEAL) Attest —A Attest / f TR q � r cP r � '';i //V IIIJIi TO *'��• 00500 Agreement 00500 - 10 Project No. 19WO 1 110 DOCUMENT 00500 — AGREEMENT (continued) Address for giving notices Address for giving notices 4L r-JS r��Z i'�1'S�SY, f/`� 113 W. Mountain St. .3o2-, rr /'k/. C7Y rid-, moo. 6 yr w License No. 0 3 01$ 4/ 3 05-72,- Agent for Service of process (If Contractor is a corporation, attach evidence of authority to sign.) Fayetteville, AR 72701 (attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) Approved As to Form: By: Attorney For: END OF DOCUMENT 00500 00500 Agreement 00500- 11 Project No. 19WO1110 AMENDED & RESTATED WRTMN CONSENT IN LIEU OF ANNUAL MEETING OF THE SOLE SHAREHOLDER OF GOINS ENTERPRISES INC. The undersigned, being the sole shareholder of Goina Enterprises Inc,, a Missouri Corporation (the "Corporation"), acting pursuant to Section 351,273 of The General Business Corporation Taw of Missouri does hereby adopt the following resolutions: RESOLVED, that the following individuals be and the same are hereby elected to serve as directors to the Corporation until the next annual meeting of shareholders of until their resignation; Carrie A. Goins Terry Coins and it is FURTHER RESOLVED, that the actions of the directors of the Corporation in the management of its affairs during the past year be and the same hereby are ratified and IN WITNESS WHEREOF, the undersigned sole shareholder has executed this Written Consent as of the 1 'k Tuesday,of June, 2016, which execution (including facsimile sigaatums and copies in pdf format) shall be deemed an original, Carrie A. Goins I I GOINS ENTERPRISES, INC. JOPL.IN, MO REVIEWED FINANCIAL STATEMENTS December 31, 2020 and 2019 'SAY LOR GREEN CPC 602 W. McCord Street A Certified Public Accounting Firm Nancy Green, CPA PO Box 150 Brad Taylor, CPA (Rat) Neosho, MO 64850 Phone: (417) 451.3036 Fax; (417) 451-3037 INDEPENDENT ACCOUNTANT'S REVIEW REPORT To the Board of Directors Goins Enterprises, Inc, Joplin, Missouri We have reviewed the accompanying financial statements of Goins Enterprises, Inc. (an 8-Corporation), which comprise the balance sheets as of December 31, 2020 and 2019, and the related statements of income and retained earnings and cash flows for the years then ended, and the related notes to the financial statements, A review includes primarily applying analytical procedures to management's financial data and making inquiries of company management. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly, we do not express such an opinion. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this Includes the design, Implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement whether due to fraud or error. Accountant's Responsibility Our responsibility is to conduct the review engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. Those standards require us to perform procedures to obtain limited assurance as a basis for reporting whether we are aware of any material modifications that should be made to the financial statements for them to be In accordance with accounting principles generally accepted in the United States of Amedca. We believe that the results of our procedures provide a reasonable basis for our conclusion. Accountant's Conclusion Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in accordance with accounting principles generally accepted in the United States of America. Supplementary Information The supplementary information included in Schedules I and II is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from, and relates directly to, the underlying accounting and other records used to prepare the financial statements. The supplementary information has been subjected to the review procedures applied in our review of the basic financial statements. We are not aware of any material modifications that should be made to the supplementary information. We have not audited the supplementary information and do not express an opinion on su information, P<2-1 Tayl reen PC A Certified Public Accounting Firm Neosho, Missouri March 2, 2021 BALANCE SHEETS Golns Enterprises, Inc. December 31, 2020 and 2019 2020 2019 ASSETS Current Assets Cash $ 935,206 $ 1,046,096 Employee loan - 5,929 Accounts receivable - Trade 2,320,722 1,216,361 Note receivable 116,500 116,600 Contract assets (Schedule 2) V9,554 37,004 Total current assets 3,551,982 2,421,690 Capital Assets Buildings 126,587 126,587 Equipment 3,846,739 3,167,034 Less: Accumulated depreciation (2,138,041). (1,718,004) Total capital assets 1,835,285 1,675,617 TOTAL ASSETS $ 5,387,267 $ 3.997,507 LIABILITIES current Liabilities Accounts payable - Trade $ 769,289 $ 86,777 Accrued liabilities 064,907 28,824 Contract liabilities (Schedule 2) 2,210 211,898 Current portion of notes payable (Note F) 209,177 202,829 Total current Ilabilitles 1,335,583 530,328 Long Term Notes Payable (Note F) 469,949 433,481 TOTAL LIABILITIES 1,795,532 963,809 SHAREHOLDER'S EQUITY Common stock, $10 par value 22,800 22,800 (2,280 shares Issued, of which 750 are being held as treasury stock) Additional paid in capital 31,400 31,400 Retained earnings 4,074,535 3,516,498 Treasury stock (750 shares at cost) (537,000) (537,000) Total shareholder's equity 3,591,735 3,033,698 TOTAL LIABILITIES AND SHAREHOLDER'S EQUITY $ 5,387,267 $ 3,997,507 See accompanying notes and independent accountant's review report 2 I I STATEMENTS OF INCOME AND RETAINED EARNINGS Goins Enterprises, Inc, For the years ended December 31, 2020 and 2019 CONTRACT REVENUE Completed contracts - Schedule 1 Contracts in progress- Schedule 2 COST OF CONSTRUCTION Completed contracts Contracts In progress Unabsorbed overhead - Schedule 1 Gross profit on Jobs OPERATING EXPENSES Travel Advertising Bad debt expense Utilities Office expense Rent Employee expense Office wages Officer salary Professional services Net operating income OTHER INCOME AND EXPENSE Interest income Interest expense Other income NET INCOME STATEMENT OF RETAINED EARNINGS Balance, December 31, 2019 Add, Net income Less: Dividends Balance, December 31, 2020 See accompanying notes and independent accountant's review report. 3 2020 2019 $ 6,797,922 $ 6,347,170 1,192,928 1,036,582 7,990,850 7,383,752 4,086,279 3,647,631 915,145 909,589 1,217,939 1,004,695 6,219,363 61561,915 1,771,487 1,821,837 69,436 53,163 360 - 5,432 8,616 12,263 35,760 33,342 18,600 21,550 29,494 72,220 156,940 164,610 121,190 113,389 17,518 21,468 458,114 497,437 1,313,373 1,324,400 447 693 (27,126) (16,148) 70 (26,609) (15,455) $ 1,286,764 $ 1,308,945 $ 3,516,498 $ 2,347,910 1,286,764 1,308,945 (728,727) (140,357) $ 4,074,535 $ 3,516,498 I STATEMENTS OF CASH FLOWS Coins Enterprises, Inc. For the year ended December 31, 2020 and 2019 2020 2019 CASH PROVIDED BY(USED IN) OPERATING ACTIVITIES Cash received from customers $ 6,886,489 $ 7,696,807 Cash paid to suppliers and employees (6,601,083) (6,320,634) Interest received 447 693 Interest paid (27,126) (16,148) Miscellaneous income 70 Net cash provided by operating activities 1,258,797 1,360,718 CASH PROVIDED BY(USED IN) INVESTING ACTIVITIES Purchase of capital assets (679,705) (796,236) Payments from employees 14,832 16,585 Loans to employees (8,903) (18,445) Net cash (used in) Investing activities (673,776) (798.096) CASH PROVIDED BY(USED IN) FINANCING ACTIVITIES Cash received from loans 235,144 372,641 Payments on loans (202,328) (385,395) Dividends paid (728,727) (140,357) Net cash (used in) financing activities (695,911) (153,111) Increase/(decrease) In cash and cash equivalents during the year (110,890) 409,511 BALANCE, BEGINNING OF THE YEAR 1,040,096 636,585 BALANCE, END OF THE YEAR 935,206 1,046,098 TO RECONCILE NET INCOME TO CASH PROVIDED BY OPERATING ACTIVITIES Net Income (Increase) decrease In accounts receivable (Increase) decrease In contract assets Increase (decrease) In accounts payable Increase (decrease) In accrued liabilities Increase (decrease) In contract liabilities Depreciation and amortization Net cash provided by operating activities See accompanying notes and Independent accountant's review report. 4 $ 1,286,764 $ 1,308,945 (1,104,361) 313,053 (142,560) 36,440 682,512 (104,909) 326,083 20,396 (209,688) (578,872) 420,037 365,665 $ 1,258,797 1,360,7 8 GOINS ENTERPRISES, INC. NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2020 NOTE A —SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of Goins Enterprises, Inc. (the Company) is presented to assist In understanding the Company's financial statements, The financial statements and notes are representations of the Company's management who is responsible for the integrity and objectivity of the financial statements. These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements. r 1. THE ENTITY Goins Enterprises, Inc. was formed as of May 27, 2003, under the laws of the state of Missouri. Carrie Goins is the sole shareholder of the Company. 2. BUSINESS ACTIVITY The business performs on a wide range of construction projects, but specializes in the installation of underground utilities primarily for commercial and government interests and functions both as a general contractor and as a subcontractor. The work is performed under both fixed -price contracts and cost plus arrangements. The lengths of projects vary but are typically less than one year. The area of operation is in the Four - State area in the proximity of Joplin, Missouri. 3. USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. 4. REVENUE AND COST RECOGNITION Generally, our contracts contain one performance obligation. Typically, performance obligations related to contracts are satisfied over time because our performance typically creates or enhances an asset that the customer controls as the asset Is created or enhanced. We recognize revenue as performance obligations are satisfied and control of the promised good and/or service is transferred to the customer. Revenue is ordinarily recognized over time as control is transferred to the customers by measuring the progress toward complete satisfaction of the performance obligation(s) using an input (i.e,, "cost to cost") method. Under the cost to cost method, costs incurred to -date are generally the best depiction of transfer of control. Contract costs include all direct material and labor costs and those indirect costs related to contract performance, such as indirect labor, supplies, tools and repairs. General and administrative costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period In which such losses are determined. Changes in job performance, job conditions and estimated profitability, including those changes arising from contract penalty provisions and final contract settlements may result in revisions to costs and income and are recognized in the period in which the revisions are determined. There are no estimated losses on uncompleted contracts at December 31, 2020. GOINS ENTERPRISES, INC. NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2020 Certain construction contracts Include retention provisions to provide assurance to our customers that we will perform in accordance with the contract terms and are not considered a financing benefit. The balances billed but not paid by customers pursuant to these provisions generally become due upon completion and acceptance of the project work or products by the customer. We have determined there are no significant financing components In our contracts during the year ended December 31, 2020, 5, ACCOUNTS RECEIVABLE All accounts receivable - trade and accounts receivable - retainage arise from the result of work done and jobs performed. Billings are in accordance with contract terms and conditions. No provision is provided for losses on collection, As of December 31, 2020, all accounts receivable are determined to be collectible. 6. INVENTORIES In the ordinary course of operations, the business does not maintain an Inventory or supply of materials or products. Materials and supplies are acquired only for the performance as required on the specific jobs, Materials and supplies purchased for jobs and unused and left over at the completion of the job are retained in the business but are minimal in amount and the value of such items Is negligible. 7. PROPERTY AND EQUIPMENT The Company capitalizes all property and equipment with a cost over $2,500 and an estimated useful life of over one year. 6. DEPRECIATION For financial statement reporting purposes, depreciation has been provided using the straight-line method of depreciation over the actual or anticipated life of the asset. Routine repairs and maintenance are expensed as incurred. Depreciation expense for the periods ended December 31, 2020 and 2019 were $420,037 and $365,665. r a 9. INCOME TAXES There is no provision made for Income taxes in the financial statements because the corporation has elected to be taxed under the provisions of Subchapter S of the Internal Revenue Code, Accordingly, the taxable income as determined under those provisions "passes through" to the individual income tax returns of the shareholders, There are no taxable conditions or items that are taxable at the corporate level at this time. 10. CASH AND CASH EQUIVALENTS For the purpose of the statement of cash flows, the Company considers all short-term i debt securities purchased with a maturity of less than three months to be cash equivalents. NOTE B--ACCOUNTS RECEIVABLE The following schedule summarizes the payment status of accounts receivable as of December 31, 2020: GOINS ENTERPRISES, INC, NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2020 0 -- 30 days $ 1,757,980 31 — 60 days past due 439,772 61 — 90 days past due 84,257 Over 90 days past due 38.713 Total $ 2,320,722 The balance of accounts receivable at January 1, 2020 was $1,216,361. NOTE C —CONTRACT ASSETS AND LIABILITIES During the year ended December 31, 2020, revenue totaling $211,898 was recognized that was included in the contract liability balance of $211,898 at January 1, 2020, The contract liability balance at December 31, 2020 was $2,210, The balance of contract assets at January 1, 2020 was $37,004 compared to the ending balance at December 31, 2020 of $179,654. NOTE D — ACCOUNTS PAYABLE The following schedule summarizes the payment status of accounts payable as of December 31, 2020: 0 — 30 days 31 — 60 days past due 61 — 90 days past due Over 90 days past due NOTE E —ACCRUED LIABILITIES $ 769,289 Total $ 769,289 This consists of payroll tax liabilities of $10,507 which are due within 30 days of December 31, 2020, and a Paycheck Protection Program (PPP) loan of $344,400, The PPP loan was classified as a short-term liability under guidance of FASB ASC 470, Debt (Topic 470). Terms of the PPP loan were originally a payback period of two years at 1% Interest. The loan was completely forgiven in early 2021. NOTE F - NOTES PAYABLE There were four notes payable outstanding as of December 31, 2020: Note Payable to Arvest Bank, payable in monthly Installments of $5,769, including interest at 4.67%, due April 8, 2024 Secured by certain equipment. Less current portion Total long term debt Note Payable to Arvest Bank, payable in monthly installments of $2,931, including interest at 5.57%, due January 2, 2023, Secured by certain equipment. Less current portion Total long term debt 7 208,246 60.788 $ 147 458 68,736 02,337) COINS ENTERPRISES, INC. NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2020 Note Payable to Arvest Bank, payable in monthly installments of $6,837, Including interest at 2.99%, due January 23, 2024. i Secured by certain equipment. 235,144 Less current portion (76,052) Total long term debt 1g.0a t' Note Payable to John Goins, payable in semi-annual installments of $20,000 plus accrued Interest of 1.5% on unpaid balance, beginning May 18, 2016. Note matures on November 18, 2024. This note is for the purchase of treasury stock. 157,000 Less current portion (40,000) Total long term debt $ 117.004 Maturities of long term debt principal over the next five years are as follows: Year Ending December 8 1 Amount 2021 209,177 2022 218,445 2023 187,461 2024 54,043 2025 0 Total $ 669,126 NOTE G — CONCENTRATION OF RISK The Company has one concentration of risk at this time. On December 31, 2020, all accounts vrith any financial institution covered by the FDIC under the same tax ID number were Insured up to $250,000, On that date, the company had deposits at two FDIC insured institutions totaling $1,051,905, $745,297 of that total was In excess of those insured limits. f NOTE H — FAIR VALUE OF FINANCIAL INSTRUMENTS FASB Accounting Standards Codification (ASC) Topic 820 defines fair value, establishes a framework for measuring fair value and expands disclosures about fair value measurements. Topic 820 defines fair value as the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. Topic 820 also establishes a fair value hierarchy which requires an entity to maximize the use of observable inputs and minimize the use of unobservable inputs when measuring fair value. The standard describes three levels of inputs that may be used to measure fair value: F Level 1 Quoted prices in active markets for identical assets or liabilities f: Level 2 Observable inputs other than Level 1 inputs, such as quoted prices for similar assets or liabilities; quotes prices in markets that are not active; or other inputs that are observable or can be corroborated by observable market data for substantially the full term of the assets or liabilities. Level 3 Unobservable inputs that are supported by little or no market activity and that are significant to the fair value of the assets or liabilities. 3 GOINS ENTERPRISES, INC. NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31, 2020 Following is a description of the valuation methodologies used for assets and liabilities measured at fair value on a recurring basis and recognized in the accompanying statements of financial position, as well as the general classification of such assets and liabilities pursuant to the valuation hierarchy. A financial asset or liability's classification within the hierarchy is determined based on the lowest level input that is significant to the fair value measurement. The Company uses appropriate valuation techniques based on the available Inputs to measure the fair value of its assets and liabilities. When available, the Company measures fair value using at least Level 2 Inputs. Level 3 Inputs were only used when Level 1 or Level 2 inputs were not available. There are no level 2 or 3 Items. NOTE I -- EMPLOYEE BENEFIT PLAN The Company participates in a tax -deferred annuity plan qualified under Section 408(p) of the Internal Revenue Code, The plan covers any employee of the Company expected to earn over $5,000/year. The Company matches 30/. of gross wages for qualified employees to the plan. Employees may make contributions to the plan up to the maximum amount allowed by the Internal Revenue Code. The company match provisions are required to be paid by March 1V following the year of the employee deferral. NOTE J — RELATED PARTY TRANSACTIONS Carrie Goins owns the property on which the Company operates the business and currently receives a rent check of $1,200 per month. Total paid to the shareholder for the year through December 31, 2020 was $14,400, The Company's $157,000 note payable is to a former shareholder and son of the sole shareholder of the Company for the purchase of treasury stock. The Company's $116,500 note receivable is a loan to another son of the sole shareholder of the Company. NOTE K - ADOPTION OF NEW ACCOUNTING STANDARD On January 1, 2020, the Company adopted ASU 2018.13 Fair Value Measurement (Topic 820): Disclosure Framework — Changes to the Disclosure Requirements for Fair Value Measurement using the prospective method. This update modifies certain disclosure requirements for fair value measurements. However, the adoption of this ASU did not have a significant impact on the Company's financial statements, NOTE L —SUBSEQUENT EVENTS On March 11, 2020, the World Health Organization declared the outbreak of a coronavirus (COVID-19) a pandemic As a result, economic uncertainties have arisen and the related financial impact and duration cannot be reasonably determined at this time, i' The Company applied for and was approved for a loan of $344,400 pursuant to the Paycheck Protection Program (PPP), administered by the U.S, Small Business Administration. The PPP j loan was completely forgiven in early 2021. The Company has evaluated subsequent events through the Independent Accountant's Review Report date, March 2, 2021, the date which the financial statements were available to be issued. scnEanR of noMFLEr6n CONrE.Ac3B ANn INnIHBcr cows Gd,w EMeap4seA Ina Far IM1e yeeaa elgM Dxlmber3l, 2020 uq N19 SCHEM B OF OCMMUE.DCOURAO75 c Nlw RWMW M' 3nlaa Banned 42 N 102, 76 47'D MIN 47 E 610,128 an 260,470 W5 1]3,IO2 4 M TAUT 41" AM 49 n236 48aa 67,046 M-P M1,ke 02-P 29,w 162.T 002c0 162-U KOM 4WN 164,2e6 4k.Y W,6M me-B 24M6 46SC W.W 41D 6M,612 4B9-E 309,0N 409F M,M2 4$3-H 9a,e13 463 176,754 Olin 671134 459-6 71,2a6 90 0 117,000 e E lx,000 no 9a,MY B26-B 151,716 927.A 1,961 97 20a,42 92B-A M,2M 923.8 69,3ro 9W 1B4,2J4 W1 c1,184 9W 4t= 934 )6,313 W -AW fea= e 4,14 9ma1 unM k0,g30 613,77/ Oaftla ll. rv. N„mear Eemetl 40-x ! l97,7e9 an A wean an$ Mon 4 .0 MT W 187 A 14,716 807.A 3p9,42 012 288.271 916 715,766 B21 2,401" ml-P ls2,ell us 4,40 453 W,Ms 414F 21,000 42-E WOO 462E 66J69a 4a2 H IJa9,M7 42-I 6d111 40411 216,724 42L 2a,400 41-B 911156 910 A 14,795 911 24.B62 6,60',eN 8.0fe e , k3,000 639,547 i 5.34],1)0 5020 wNa ! Mile Aw ISAI 18,961 260,E a 149,4M 266,W0 ,366 te IO, f2,WW4 30,193 260,'62 .0,541 MNa $,18E 61,I2e 100,827 4"M 19,06E afire 313,Oi3 160,53i M,BMsajam 0.310 4,426 21.192 2e,632 N'Tea ee m 04,MAI 2,Y19 54,914 N,T29 962M Moog 21,116 66,14 WM7 3,600,a a lee,n39 3 4,oee,2>e Mfg CON 01 fee14r1m 1 e9,34 2a,aB4 1s>13 BOB61 3,609 31,0M 4 M4 2614 1,641,66e 38,136 , W229 ,766 11'en W.91,916 ;0.965 eM,BSeSt 62,961 127,137 once , 16a ,69 91al 1M ❑d06 a219,to] SCHEDULE OF JOB COST AND OVERHEAD MM EqulpnarA roniN i fa1,4z Irnunnu zz,ew Rpeb aM malNMeiw 005,i63 PmieaS9nY lees 10,110 Mh0g0n4Wa 8BI4aal.i until bola fog'an 2,686 17,204 Twine 2.W9 ..i 0. 1B OF.. e.M2 V.Me. axpanae ]3,2i9 BW lvgnaa e,587 DaMea'a9al and AnwlCatlar, 420,0n 1,513,266 Lau: aortae apw.a NI.a m Im a6aa uzzsisi 1 1.2t].939 aea lMaFanleM evaaunbrMa,evlew tep9rt 126,624 .LL641631 SCHEDULE Qry Poll 1 (%Uo) Began in HI 62,601, Began In HIS 0e) Began In HIS 2%moi Began In WO 10>,OBO Began In 2010 219,162 Began In 2019 Ton 10,1A1 20,691 %,ms 41.070 95,1M 10,14 21,066 19joa MAM meta 10,6M M,I60 Mjm 131,M] Mae 4,w IMi3N a6842 4208 A616 M,242 men 4.915 4M2 2N,aM 20,26e sari 2r,9'9 6,926 N,1M 10.171 4.W6 2.MN9 60.N4 i z,n1,54 3. Pt ll i 1M,4M Beganln2018 I7,3I0 BCgen In2048 NAST Began In HIS 70,813 Began 2 Mle I1,I66 Began In HIS 342,899 Began In?410 266,62J Begin to 2018 49,2W Began In Mla Tso,242 Bpr11n 2U16 07,670 13,701 6',a11 9,aa2 s0,1a0 4243 4alve 3,160 91,MT 1%, 1),IBp 61,924 13,461 gWal8 me ! Man 106,s13 MAT 7,470 14,50 1102'6 26,60 1,39E 1'6.6% Vae 89Ai2 17.01R M6,46 IM2,123 Won) i 1.004,15M to It l,oz3 1 z.es9ua9 SCHEDULES OF CONTRACTS IN PROGRESS Golns Enterprises, Inc. For the years ended December 31, 2020 and 2019 SCHEDULE2 At December 31, 2020 and for the year ended December 31, 2020 Total Contract From inception to December 31, 2020 Estimated Total Actual Contract Gross Revenues Costs Gross Numbe Revenues Frofl Earned Incurred Pro It 61111nas 483-G $ 109,431 $ 53,481 $ 71,130 $ 36,999 $ 35,131 $ 56,983 483-J 347,366 164,691 312,629 172,630 139,999 314,839 487�F 107,655 10,655 89,354 80,327 9,027 87.065 903-F 401,443 40,144 172,620 153,298 19,322 152,471 936 3,908,535 390,853 547,195 472,691 74,304 404,246 4,874,430 649,824 1,192,928 915,145 277,783 1,015,584 Small jobs - - $ 4,874,430 $ 649,824 $ 1,192,928 $ 915.145 $ 277,783 $ 1,016,684 At December 31. 2020 Estimated Contract Cost to Contract Contract Number Complete Assets Liabllitles 483-0 $ 19,951 $ 14,167 $ - 483-J 20,045 - 2,210 487-F 16,673 2,289 903-F 208,001 20,149 - 936 3,044,791 142,949 - 3,309,461 179,554 2,210 jSmall jobs - - $ 3 309 461 $ 179 554 $ 2,210 I iSee independent accountant's review report. 11 SCHEDULES OF CONTRACTS IN PROGRESS Gcins Enterprises, Inc. For the years ended December 31, 2020 and 2019 SCHEDULE2 (cont') At December 31 2019 and for the Total Contract year ended December 31 2019 From Inception to December 31, 2019 Estimated Total Actual Contract Gross Revenues Costs Gross Number Revenues Profit Famed Incurred Front Billings 482-N $ 93,128 $ 29,214 $ 189,939 $ 169,872 $ 20,067 $ 292,214 487-C 17,214 23,400 75,460 57,386 18,074 61,561 487-D 827 7,000 64,360 57,173 7,177 59,699 487-E 411,053 50,000 45,000 88,947 6,053 57,213 l ' 923 227,780 38.500 129,030 113,220 15,810 226,440 1 925 353,009 92,625 532,803 472,991 59,812 514,349 i t,103,011 240,739 1,036,582 909,689 126,993 1,211,476 Small jobs - - - - - - i. $ 1,1031011 $ 240,739 $ 1,036,682 $ 909689 $ 126993 $ 1211476 At December 31. 2019 Estimated Contract Cost to Contract Contract Number COM1319t Assels Uabllities 482-N $ 03,128 $ - $ 102,275 487-C 17,214 13,899 - ' 487-D 827 401 487-E 411,053 - 12,213 j 923 227,780 - 97,410 925 353,009 18,454 - 1,103,011 37,004 211,898 Small lobs - - - $ �i 1,103,011 $ 37,004 $ 211,898 f' I ' See Independent accountant's review report, 12 HUB International Mid -America 9200 Ward Parkway, Suite 500 Kansas City, MO 64114 P: 816-7084600 www.hLibintemational.com November 22, 2021 City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, AR 72701 RE: Goins Enterprises, Inc. Bond #674214972 Bid 21-77, Construction, S. Garland Avenue Waterline Replacement Project To Whom It May Concern: Please accept this letter as your authority to date the Bonds and the Powers of Attorney the same date the contracts are signed. The bonds cannot be dated prior to the date of the contract. We would appreciate your forwarding us a copy of the dated contract and bonds so that we may forward them to the surety company. In the event you should have any questions, please feel free to contact our office. Sincerely, The Ohio Casualty Insurance Company Burnett Attorney -in -Fact sandra.burnettC?_hubinternational.com 0 Liberty Mutual. SURETY This Power of Attorney limb the ads of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: $206265 - 969092 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company Is a caporation duty organized under the fans of the State of New Hampshire, that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company Is a corporation duty organized under the laws of the State of Indiana (herein Collectively called the'CompanW), pursuant to and by authority herein set font, does hereby name, constitute and appoint, Chandler H, Cullor, Linda S. Reynolds; Mark E. Gardner; Sandra Burnett execute, seal, acknowledge and liver, fa and on fis behalf as surety and as ifs act and deed, any and all undertakings, bonds, recognizances and other surety obligations, In pursuance of these presents and shall be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies in their own proper Pam IN WITNESS WHEREOF, this Power of Ataney has been subscribed by an authorized officer or official of the Companies and the corporate sus of the Companies have been affixed thereto this 8th day of September , 2021 . Liberty Mutual Insurance Company Y hNaU a vNSUq The Ohio Casualty Insurance Company (0(00 vrOWr'�tyc,P °°«r0W>'tioWest American Insurance Company 6 n¢� d "b T919 mhu 1991 �/AYv'R�,gDio a GnuK� .aDO 4 �' " David M. Carev. Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY On this 8th day of September , 2021 before me personalty appeared David M. Corey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and' 'west Amedcah Insurance Company, and that he, as such, being authorized so to do, execute the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duty authorized officer, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at long of Prussia, Pennsylvania, on the day and year first above written. 5p PAsr �wQ.`�F10NWpq(As(9cmamVeam of PIIowySeal OF Y c"ty Mymmiesbnexrk"MW&20,2026 By; 2pq 4 �u rr.°&n err eresa Pasleila, Notary Public This Power of Attorney is made and executed pursuant to and by authhority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolution are now In full force and effect readkg as follows: ARTICLE IV— OFFICERS: Section 12. Power of Attorney. Any officer a either olfidal of the Co poralion authorized for that expose In wiling by the Chairman or the President, and subject to such imitation as the Chairman or the President may prescribe, shall appoint such shomeysln-fact, as may be necessary to ad In behalf of tine Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such atomeys-in-fad subject to the limitations set forth in their respective powers of aiomey, shall have full power to bind the Conpomgan by their signature and execution of any such instruments and to attach thereto the seal of the Capaaban. Men so executed, such Instruments shall be as bindig as if signed by it* President and attested to by the Secretary. Any Power or authority graded to any reMesentetive or atiomeyTn-fad under the. provisions of this wide may be revolted at any time by the Board, the Chairman, the Presided or by the Am or officers granting such power or autromy. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and undertakings. Any officer of the Company authorized for tlrut purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such ataneys-In-fact, as may be necessary to ad in behalf of fine Company to make, execute, seal, adv owledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such atomeysin-fed subject to the limitations set forth thek respective powers of attorney, shelf have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shell be as binding as If signed by the president and atested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, autwdzes David M. Carey, Assistant Secretary to appoint such attomeysdn- fad as may be necessary to act on behalf of the Company to make, exewK seal, admaMedge and deliver as surely any acl all undertakings, bonds, recognizanoes and other surety obligations. Authorization - By unanimous consent of thine Company's Board of Directors, the Company consents that facsimile or mechanlcally reproduced signature of any assistant secretary of the Company, wherever appearing upon a cerified copy of any power of attorney issued by the Company in connection with surety bonds, shale be valid and binding upon the Company with the sane force and effect as dough manually affixed I, Ranee C. Llewellyn, the undersigned, Assistant Same*, The Ohio Casualty insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby catty that the original power of atomey of which the foregoing Is a fug, We ad corned copy of the Power of Mooney executed by said Companies, is in full face and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 22nd dayof November , 2021 °"+uRk gP�°p°0"+��0 (0(90 ;arm w 3` bra A 19 ns 1991 o.+.. O6 OF� LtYs�M *x *�ysiRenee C. Llewellyn, Assistant Secretary v LMS-12873 LM10 OCIC WAIC MA Co =1 `0 v N N M all 0 m H Liberty Mutual. SURETY CONTRACTOR: (Name, legal status, and address) Goins Enterprises, Inc. 3255 N. County Lane 252 Joplin, MO 64801 OWNER: (Name, legal status, and address) City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 CONSTRUCTION CONTRACT Date: Bond Nofi74214972 Performance Bond SURETY: (Name, legal status, and principal place of business) The Ohio Casualty Insurance Company 175 Berkeley Street Boston, MA 02116 MAILING ADDRESS FOR NOTICES: 175 Berkeley Street Boston, MA 02116 Amount: $788,000.00 Seven Hundred Eighty Eight Thousand Dollars and 001100 This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable. Description: (Name and location) Bid 21-77, Construction, S. Garland Avenue Waterline Replacement Project BOND Date: (Not earlier than Construction Contract Date) Amount: $788,000.00 Seven Hundred Eighty Eight Thousand Dollars and 001100 Modifications to this Bond: © None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Gains Enterprises, Inc. The Ohio Casualty Insurance Company 1 1: � Signature:�.y.+,�.�' An� Signature: Name 6. Name n&4 B mett and Title: �}� sip �Yv� and Title: A ey-In-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY— Name, address, and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer, orotherparty.) HUB International Midwest Limited 9200 Ward Parkway, Suite 500 Kansas City, MO 64114 816-708-4600 ¢4qI 1NSU s�.J`'4p4PU1ty �y�n s 1919 �ry`HRM4`+�QY2 Init. Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text I in AIA Document A312-2010 Edition Performance Bond. 1 LMS-20875 02121 § 1 The Contractor and 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 when applicable to participate in a conference as provided in Section 3. § 3If there is no Owner Default under the Construction Contract, the Surety s obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety s receipt of the Owner's notice. 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; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 6.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 6.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 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 a 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 Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5A Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven 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 Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. [nit Uberty Mutual Surety vouches that the original text of this document conforms exactly to the text f In AIA Document A312-2010 Edition Performance Bond. 2 LMS•20376 =I § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, 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. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; ,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 Section 5; and .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. § 8If the Surety elects to act under Section 5,1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 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, successors and assigns. § 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 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 a declaration of 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 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 page on which their signature appears. § 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, When so funilshed, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material terns of the Construction Contract § 14.4 Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14,5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15If this Bond is issued for an agreement between a Contractor and subcontractor, the tern Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. IniL Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text / In AIA Document A312-2010 Edition Performance Bond. 3 ursxaersoxm § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: _ Name and Title: Address: Signature: _ Name and Title: Address: [nit Uberty Mutual Surety vouches that the orlginal text of this document conforms exactly to the text In AIA Document A312-2010 Edition Performance Bond. 4 LMS-M8750=1 This Power of Attorney Wife the ad:ta of tihose named herein, and it" he" no authority to bkM the Company except In the manner and to the extent herein stated. Not v*h d for mortgage, note, Ion, Miter of credit, bank deposit currency rate, Intereat rate or residual value guarantees. For bond andlor Power of Attorney (POA veriflcatbn Inquiries, plane all 1104324240 or era" 1191URtIllfterttrinduel.wm. Liberty Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Mutual. West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Oho Casualty Insuince Company Is a corporation duty organized under IN laws of fie, State of New Hampshire, that Liberty MAW Insurance Corcpany is a corporafon duty orgarbed radar the laws of the State of Massachusetts, and West American Insurance Company is a oxporedri duty organized under tte laws of the State of Indiana (herein colbcbvely called the"Compedes'1. pursuant bard by aull herein set", does hereby name, consdkde and appoirQandra Burnett of the city of Kansas CIN , stab of MO is hue and lawful atbmey*W, with full power are suit" hereby om** to An, execute and admowledge the following surety band: Principal Name: Obligee Name: C((y of Fayetteville Surety Bald Nwhhber. 674214972 Bond Amount See Bond Form this Power of Altomey has been subscribed by an autadzed offeer or offndal of the Companies and the corporate seals of the Companies have been affixed 1012 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY as 1991 �pcT N�o HhNSUI� a ANF t t The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Wes Insurance Company By: Davit W. Carey, Assistant Secretary On this 12� day of March, 2021. before me personalty appeared David M. Carey, who acicmMedged himself to be the Assistant Secretary of liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being autiodzed so to do, execute the foregoing Instrument for the purposes therein contained by signing on behalf of the corporation by himself as a duty autlanzed ddoef. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Klno of Prussia. Pnnsvivania. on the dav/aannd Year first above wrifin. Comarnvealth of Penrha3Manla' Notary SealTereas Passel Notary PublicBy: QAwd My commM"don a ea Marc 2B,2026 Teresa Pastalla, Notary Public Commission number 1126044 MerrAw, PemaYlvaMa AatoaNbrh of Notaries Tits Power executed pursuant to are by authbnty of the folks Ilydaxe and Autnnzalbns of Uberty Mutual mduraM Uompeoy, I he Uno LAsualty Insurance Comparry, and West American bsurante Company when resolution are now In full force and effect reading as follows ARTICLE N — OFFICERS — Section 12. Pmwef of Attorney. Any officer or other 069 of the Corporation autor¢ed for tat purpose In writing by the Chairman or the President, and subod In such Initiation as the Chairmen or the President may prescribe, stall appalnt sxh anareys-in-fad, as may be necessary b ad in behalf of the Corporation to make, exectde, seal, adahmAledge ate deliver as surety any and of undertakings, boos, recagrazerwea am other surety obligations. Such atomeys-In-fad, subject to the Ilmitadohs eel brtr in ttak respective powers of attorney, shall have full power so bkd the Corporation by their signature and execution of any such Instruments and to attach thereto the neat of the Capaation. When so executed, such instruments shell be as binding as If signed by dw President and attested to by the Secretary. Any power or autadty granted to any representative or atbmey- 61aa under the provisions of this ardde may be revoked at any time by tlw Board, dw Chairman, the President or by tie officer or otters granting such power or autarity. ARTICLE X11—Execution of Contracts —BECTON 5. Surety Bonds are Undertakings. Any oftcor of the Company autadzed for that purpose In writing byte chairman or the president, and subtedtto such limitations as the chairman Drina president may prescribe, shall appoint such atbmeysdo-fscL as may be necessary to actin bang of to Company b make, execute, seal, ackrawledge and deliver as surety arty and all ohdedaidngs, bonds, recagnizaxes and other surety obligations. Sudan atomeysarh•fact subject to the limiladons set forth in their respective pavers of ataney, shad have hA power to bid the Company by tbeirsignature and execution of any such instruments and to attach thereto the seal of the Company. W1wn so executed such Instruments shall be as bating as if signed by the president and atosled by mesecretary, Certitioate of DesigrWbn —The President of the Company, so" pursuant to fine Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such adomeysdn- fact as may be necessary to ad on behalf of the Company to make, execute, seal, acknowledge and deliver as surety arty and all undertakings, bonds, recognizances and odor surety obligations. Authorization —By unanimous consent of the Company's Board of Directors, the Company consents that faaknde or mechanically reproduced signature of any assistant secretary of the Company, wherever appearkp upon a caffM copy of any rower of attorney Issued by dine Company in oonnectlbn with surety bonds, shelf be valid and binding upon de Company with the same force and effect as though Manuel affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, of Liberty Mutual Insurance Company, The Ohio Casualty insurance Company, and West American Insurance Company do hereby certify that this pow of atomay executed by add Companies is In fua force end effect and has not been fewkad. IN TESTMONY WHEREOF, I have hereunto set my hand and alfxad de seals of said Companies this — day of 000 SUw�y�`.N INSU/kNr�rmWV" n9 - 19916Y:Renee C. LLMxellyn, Assistant Secretary �,A�' aMP�' F? 'i wb Liberty Mutual. SURETY CONTRACTOR: (Name, legal status, and address) Goins Enterprises, Inc. 3255 N. County Lane 252 Joplin, MO W01 OWNER: (Name, legal status, and address) City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 CONSTRUCTION CONTRACT Date: Bond No.674214972 Payment Bond SURETY: (Name, legal status, and principal place gt'business) The Ohio Casualty Insurance Company 175 Berkeley Street Boston, MA 02116 MAILING ADDRESS FOR NOTICES: 175 Berkeley Street Boston, MA 02116 Amount: $788,000.00 Seven Hundred Eighty Eight Thousand Dollars and 001100 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Description: (Name and location) Bid 21-77, Construction, S. Garland Avenue Waterline Replacement Project BOND Date: (Not earlier than Construction Conirart Date) Amount: $788,000.00 Seven Hundred Eighty Eight Thousand Dollars and 001100 Modifications to this Bond: []X None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Goins Enterprises, Inc. The Ohio Casualty Insurance Company Jp4SYINS& �¢y o'r��Qv�� o s 1919 � Signature: _11,�- __ Signature: y� Q` Name �-�s G' * 0 f vJ5 Name S ndra u n 1 kAM ! and Title: SS 04,- 'vJ- and Title: A y-In-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONL Y --- Name, address, and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer, or otherparty) HUB International Midwest Limited 9200 Ward Parkway, Suite 500 Kansas City, MO 64114 816-708-4600 InIt. Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text t in AIA Document A312-2010 Edition Payment Bond. 5 LMS-20875 02121 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13), § 6If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 6 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 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 Surety under this Bond, subject to the Owner`s priority to use the funds for the completion of the work. Ink Uberty Mutual Surety vouches that the original text of this document conforms exactly to the text In AIA Document A312-2010 Edition Payment Bond. 6 LM&20575 0=1 § 10 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 the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 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. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, 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. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 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. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last famished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to famish labormaterials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity thathas rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. 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. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents, Inn. Liberty Mutual Surety vouches that the original text of this document conforms ex actly to the text / in AIA Document A312-2010 Edition Payment Bond. 7 LMSd0875 0=1 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shalt be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of addedpartles, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: Init Uberty Mutual Surety vouches that the original text of this document conforms exactly to Ote text i In AIA Document A312-2010 Edition Payment Bond. 8 Thin Power of Attorney Nmtb the acts of than named herein, and they have no euttarftty to bold the Company except In the Mannar and to the extent herein stated. Not valid for mortgage, nob, ban, father of credit, bsnk deposit, currency rite, Interest role orn s" value guaranies. For bond andlor Power of Attorney (PDA) verification inpuMes, plow call S10db24@40 or email HGSUR@Nbe tymalwl.com. 0�Liberty mutum. SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatThe Ohio Casualty Insurance Company is a corporation duty organized under to laws of pie State of New Hampshire, that Ubedy Mutual Insurance Company is a corporation duty organized under to laws of the State of Massachusetts, and West American Ntsurance Company is a co pmIlon duty organized under to laws of the Slate of Indiana (herein collectively called the'CortpaMas"), pursuant to and by authority herein set forth, does hereby name, constitute and sppoimSandra Burnett ripe chy of Kansas City , stay of MO is true and lawM atanoYan•fad, with full power and sul hodty hereby omfemed to sign, execute and acknowledge to!clawN surety bond: Prbcipel Name: r•.a�r aterfadgar.. inn. Obligee Name: City of Fayetteville Surely Bond Number, 674214e72 Bond Amount See Bond Form Attorney has been subscribed by an authorized officer or official of the Companies end the corporate seals of the Companies have been affixed 11 ^ day ofMarch, 2021, :D* ♦ t STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Was n Insurance Company By: new WXarey, Assistant $watery On this 121! day of March, 2021, before me personally appeared David M. Carey, who acknowbdged himself to be the Assistant Secretary of Ubedy Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing Instrument for the purposes therein cantakned by signing on behalf of the corporations by himself as a duty authorized of0car. OF, l have hereunto subscribed my name and afted my notarial seal at Kira of Prussia. Pennsylvania. on the day and year first above written. 2;Aaw Cornrrnornvealfh M Pennsylvania• Mtaary' SealTeresa PasteNa, arY PublicByoMonvornefCounty Teresa Pastella, Notary Public My commission expires March 28, 2025 Commission number 1126044 Member, Pee WAVer" AssotlMbn of Notaries exedded pursuant to aid by aumorny of the roaowsng Bylaws all Aumomasons of Liberty Mutual Insurance Company, I he Litho Casualty Insurance uradean i surenca Company which resolutions are now In lull force end effect reading as follows: ARTICLE IV — OFFICERS — Section 12. Power of Atlomey. Any officer orother official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject b soon limitation as the Chairman or the President may prescribe, shall appoint such afforneys-in-fad, as may be necessary Its ad in behalf of the Corporation to make, execute, east, acknowledge and deliver as surety any and at udertaksgs, bands recogcraraes and oiler surety obligations. Such aaaneys-In-fad, subject to to limitations set bnh In their respective powers of attorney. shall have full power to bW to Corporation by their signature and execution of any such Instruments and to attach therolo to seal of the Corporation. When so executed, woh Instruments shall be as binding as Ifsigned by 0a President and attested to by the Secretary. Any power or aupadty granted to any represented" or aftomey. In -fad under the, provisions of this articlemay be revoked at any time by the Board. it* Chairman, the Resident or by the officer or Wars granprg such power or auWty. ARTICLE XM —Execution of Contracts -SECTION 5. Surety Bads and Undertakings. Any officer of ma Company authorized for that purpose in writing by the chairman or IN president, ono subject to such limitatonsas tea chairman or to president may prescribe, shall appoint such atbmeysamfact, as may be necessary to ad in behalf of the Company to make, execute, seal acknowledge and delver as surety any and all undertakings, bonds, recognizances all other surety obligations. Such atomeys In -fact subject to pa Nmitapors set forth in their respective powers of attorney, shall have 0d power b bind the Company by thatrsignatwa and execution of any such Instruments and to attach tereb the seal of the Company. When so executed such Instruments shelf be as billing as If signed by the president and steeled by the secretary. Certificate of Oel ipoatlon —The Resident of the Company, acting pursuant to the Bylaws of its Company, authorizes David M. Carey, Assistant Secretary to appoint such atomeys-in- fad as may be necessary to ad on behalf of N Company to make, oxecAe, seal, acknowledge and deliver as surety any and air undertakings, fonds, recognizances and other surety obligations. Autlarizatlorr— By unanimous consent of the Cmmparn/s Board dDirectors, the Company cduants dustfatsknte or mecha idly reproduced signature of any assistant secretary of the Company. whenryer iupon a candied of any power of attorney issued by the Company in connection with surety bonds, shah be valid and billing upon the Company with pa same fore and effect asn I, Renee C. Llewellyn, the undersignad. Assistant Secretary, of Ubeny Mutual Insurance Corrwny, The Ohio Casualty Insurance Comparry, and West American Insurance Company do hereby, certify that this power of atomey executed by said Companies is in MN force and eW and has not been revoked. IN TESTf10NY WHEREOF, I have harwnm set my hand and affixed he seals of sad Companies this _ day of 000 pf�NfNSU/yN�R'.y> ��{.I.a.."iiy�. - 1941 ,f�ByRenee C, Lis*", Assistant secretary t�� w' td # Liberty Mutua SURETY CONTRACTOR: (Name, legal status, and address) Goins Enterprises, Inc. 3255 N. County Lane 252 Joplin, MO 64801 OWNER: (Nance, legal status, and address) City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 CONSTRUCTION CONTRACT Date: Bond No.674214972 Performance Bond SURETY: (Name, legal status, and principal place of business) The Ohio Casualty Insurance Company 175 Berkeley Street Boston, MA 02116 MAILING ADDRESS FOR NOTICES: 175 Berkeley Street Boston, MA 02116 Amount: $788,000.00 Seven Hundred Eighty Eight Thousand Dollars and 001100 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Description: (Name and location) Bid 21-77, Construction, S. Garland Avenue Waterline Replacement Project BOND Date: (Not earlier than Construction Contract Date) Amount: $788,000.00 Seven Hundred Eighty Eight Thousand Dollars and 001100 Modifications to this Bond: ® None ❑ See Section ld CONTRACTOR AS PRINCIPAL. SURETY Company: (Corporate Seal) Company: Goins Enterprises, Inc. The Ohio Casualty Insurance Company Signature; v Signature: Name (�' 4 R-A Ge- OSws Name ndra B nett and Title; pe a7 u Ar l,f- and Title: A r -in-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATIONONLY—Name, address, and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer, or other parry) HUB International Midwest Limited 9200 Ward Parkway, Suite 500 Kansas City, MO 64114 816-708-4600 ��Y INSU �a+��oswohyT��LrF o s 1919 0 2 ��` ab S.�kAM !� Init. Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text i in AIA Document A312-2010 Edition Performance Bond. 'I LMS-20875 0=1 § 1 The Contractor and 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 when applicable to participate in a conference as provided in Section 3. § 3If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. 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; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 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 a 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 Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 6.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner, or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven 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 Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner, fnit Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text In AIA Document A312-2010 Edition Performance Mond. 2 CMSd0676=I § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, 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. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .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 Section 5; and .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, § 8If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 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, successors and assigns. 110 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 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 a declaration of 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 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 page on which their signature appears. § 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 hereftom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so finnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definhlons § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the tern Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Liberty Mutual Surely vouches that the original text of this document conforms exaoffy to the text / In AIA Document A312-2010 Edition Performance Bond. 3 LMS-2%750=1 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Address: Address: Inh Vyerty Mutual Surety vouches that the original text of this document conforms exactty to the taut In AIA Document A312-2010 Edition Performance Bond. 4 P.fcSb=.}b;sli3l This Powa of ARomey NmRe the acts of those named herein, and they have no authority to bid the Company except In the manner and to the extent herein abned. Not valid for morlgage, note, ban, kilter of credit, Gnat deposit, currency rate, Inferesi rate or residual value guarantees. For bond Andbr Power of Attorney (PDA) veri icatbn Inquiries, pkae call SiO4123240 oremail HOSUR@NbertymutusLsom. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company Is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organezed under me laws of the State of Massachusetts, and West American Insurance Company is a corporation dub orgarized under the laws of the Slate of Indiana (herein collectively called fib "Companies'), pursuant to and by auflolity, herein set fa1h, does hereby name, const brio end appoim5andra Burnett of the * ofKansasCity , stab of MO Its true and lawful attorreyin•fac, with full power and authority, hereby owfarred to sign, execute and acknowledge the fclowing suretybond: Principe! Name: Obligee Name: Surety Bond Number: 674214972 Bond Amount: See Bond Form IN WITNESS WHEREOF, INS Paver of Attorney has been sUmted by an suthodzed officer or official of me Companies anted pie corporate seals of the Companies have bash affixed theretotds12*` day of March, 2021.. N,SY INsh�INSUAt1N The Ohio Casualty Insurance Company tFov tin G Liberty Mutual Insurance Company } � 1991 � ZM�- OOC)Insurance Company !� 1919chi hit I� �N� YBy:w*David :Carry, Assistant Secretary STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On trs 1 day of March, 222 , before me personalty appeared David M. Carey, who ackruwiedged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and met he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by sift on behalf of the corporations by himself as aduty authorized officer. OF, I have hereunto s0r albad my name and affixed my notanal seal at Kind of Prussia. Pennsylvania, on me day and year first above writen. PASrF, ComenonWeafth of Pennsylvania • Notary Seal /- hnw f Teresa Palate, )ur�C1 Monlgonefy County By: dF My oanmiss1w expkea Mach 28, 2026 Teresa Pastella, Notary Public syx„ I CommMalon number 112OD44 ry �' Member, PenmrylvW a Aseodaion of NoWW and executed pursuant to and by aumornyethe fdlolwrhg *-6M and AUtronzabahaof ubefty Mutual Insurance Company, I ne Uric (Asualty Insurance m*rican Insurance Company which resolutions are now In full face and effect reading as follows: ARTICLE N — OFFICERS — Section 12. Power of Ataney. Any officer or other official of tine Corporation authorized for that purpose In writing by the Chairman or the Presiden4 and subject k such Imitation as the Chairman cattle President may prescribe, shall appoint such atanaysin-fact. as may be necessary to act in behalf of the Corporation b make, exeade, seat, animowiecige and deliver as surety any and all undertakings, bonds, recognizanrss and over surety obligations. Suds atlomeysJn-fac6 subject to the limitations sal bath in their respective pourers of attorney, shall have full power to bind the Corporation by their signature and execution of any such Instruments and to attach therein the seat of the Corporation. When so executed, such Instruments shelf be as binding as If signed by the President and atesied to by is Secretary. Any power or authority granted to any representative or albrney. In4act under the provisions, of he arece may be revoked at any time by the Board, the Chat a. it* President or by the officer or offices granting such power or authority. ARTICLE %cal —Execution of Contacts —SECTION 5, Suety Bads and Und"kings. Any officer of the Comparry authorized for that purpose In wdfing by 0b dhaiman or the president, and subject to such limitations asthe chaiman or the president may prescribe, shall appoint such etbmeysao-fac4 as may be necessary to actin behaff of the Company b make, execute, seal, acknowledge aid deliver as surety any aid all u denakings, bonds, recognizances and other surety oMgaYons. Such atomeys-Indact subject to ere emtatbrs set forth in their respective powers of atomey, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach mares fib a" of the Company. When so executed such instruments shall be as binding as Ifsigned by the president and attested by the secretary. CeAkbale of besignatbn—The President of the Company. acting pursuant to be Bylaws of the Company, auttodzes David M. Carey, Assistant Secretary to appoint such atoneys4n. lac as may be necessary to act on behalf of the Company to make, execute, seal, aoknoohedge aid deliver as Surety any and all undertakings, bonds, recognaances and other surety obligations. Autlwriation — By unarimous consent of me Companys Board of birettas, the Company consents that fac thiie or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a cortdied copy of any power of attorney Issued by fib Coapany in ooaiection win n surety bonds, shall be valid and binding upon the Company with the saw Was and efrect as though mentally affixed.. I, Renee C. Llewellyn, the undasignec!. Assbsnt Secretary, of Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company do hereby certify tat thls power of attorney executed by sold Companies is in full face and effect and has no been revoked. N TESTIMONY WHEREOF, I have hereunto sat my hand and alfized the Bois of sand Companies this _ day OOC) /�� `�1NSU/t�drnn�8,` c:o- 1991 '�„��; Murwa� !� t a.�•Nr,. %%, , l{.w,�., Renee C. LbweNyn, Assistant Secretary Liberty Mutual. SURETY CONTRACTOR: (Name, legal status, and address) Goins Enterprises, Inc. 3255 N. County Lane 252 Joplin, MO 64801 OWNER: (Name, legal status, and address) City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 CONSTRUCTION CONTRACT Date: Bond No.674214972 Payment Bond SURETY: (Name, legal status, and principal place v/'business) The Ohio Casualty Insurance Company 175 Berkeley Street Boston, MA 02116 MAILING, ADDRESS FOR NOTICES: 175 Berkeley Street Boston, MA 02116 Amount: $788,000.00 Seven Hundred Eighty Eight Thousand Dollars and 001100 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Description: (Name and location) Bid 21-77, Construction, S. Garland Avenue Waterline Replacement Project BOND Date: (Not earlier than Constnrction Contract Date) Amount: $788,000.00 Seven Hundred Eighty Eight Thousand Dollars and 001100 Modifications to this Bond: ❑X None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Goins Enterprises, Inc. The Ohio Casualty Insurance Company P4Y c INS& ��yznaa0l4�rm 0 0 K)INx i9i9 � Signature: ale^^A� Signature: '��yt+ArA't��= Name C A#,-s C45 G+ 0-t- Name S ndra rnett and Title: G a yN� ��SrpE/�-T and Title: Att-In-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONL Y -- Name, address, and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect. Engineer, or other party:) HUB International Midwest Limited 9200 Ward Parkway, Suite 500 Kansas City, MO 64114 816-708-4600 snit. Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text r in AIA Document A312-2010 Edition Payment Bond. LMS-20875 OV21 5 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms, § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owners property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. 14 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written noticeof non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5,1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimanfs obligation to furnish a written notice of non-payment under Section 5. Ll. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shalt indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety, § 9 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 Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Inh Liberty Mutual Surety vouches that the original text of this Document conforms exactly to the text / In AIA Document A312-2010 Edition Payment Bond. 6 LM&10675 0=1 § 10 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 the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 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. 112 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were fttmished 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. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 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, when so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment famished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was famished for use in the performance of the Construction Contract, .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; ,7 the total amount of previous payments received by the Claimant; and ,8 the total amount due and unpaid to the Claimant for labor, materials or equipment famished as of the date of the Claim. § 16.2 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 Construction Contract. The term Claimant also includes any individual or entity thathas rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. 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, § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Inn. Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text In AIA Document A312-2010 Edition Payment Bond, 7 § 16A Owner Default. Failure of the Owner, which has not been remedied or walved, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: [nit Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text t In ALA Document A312-2010 Edition Payment Bond, 8 LW20875 =1 This Power of Atomey KmW the "of thou Waned herein, and they have no authority to bid the Company exapt In the manner and to the extent herein stated. Not valid for matpage, note, ben, War of credit bank depoalk afrency rate, Interest rate or reel" value guuanbes. For bond and/or Power of Attorney (POA) verification inquiries, pisau all 61HU4240 or email HOSUPAIW dynnttlttal.Corn. Liberty Liberty Mutual Insurance Company The Ohio Casualty Insurance Company 10 Mutual• West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company Is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Masseausafls, and West American Insurance Company is a corporation duty organized under the laws of the State of Indiana (herein cdoo ively ailed Ihe'Compar"), pursuant to and by authority herein sdtaih, does hereby name, Consdlule and appolm,Sandra Bunneft of the dry of Kansas CRv , stale of �It O its We and lawful efiorreysn•faq, with full power and autlmaily hereby conferred to sign, execute and ackmMadge ft fdbwkg surety band: Principal Name: Gomm Enbmchea, ine. Obligee Nme: City of Favedevtlle Surety Bond Number, 674214a72 Bond Arroum: See Bond Form IN WITNESS WHEREOF, this F tmereblhis121 w dayofMarch, STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY has been subscribed by an authorized officer or official of the Companbs and the corporate seals of the Companies have been affixed DD4*ul ,1Nr^. ss The Ohio Casualty Insurance Company Llberly Mutual Insurance Company Wes IT Insurance Company By. David M.-Carey, Assistant Secretary On this jr_ day of March, .2Q2 , before me personally appeared bavnd M. Carey, who scWawiadged himself to be the Assistant Secretary of Uberry Mutual Insurance Company. The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, exomfe the foregoing instrument for the purposes Herein contained by sigheg on behafrof the corporation by MmseRas a duty authorized officer. OF, I have hereunto subscribed my name and affixed my notarial seal at Kind of Prussia. Pennsylvania. on the day and vear final above written. PASTE. CA>,twnoTent h of ta1M1sYK'aNa •Notary Seal !�/- / f, Ntwe4� -0 Teresa ytfgomet NolerY Podb -//_1i1.le tl Msion emery Marc By: °F My cdrrhmission expires March 2$, 2025 Teresa Pastelist Notary Public Comnlrabn number 1128W4 Y Member, Perxuylvar" Association of NoWles and executed pursuant b anti byauahonry, of the Mlowing By-k%" and Automations of Uberty Mutual Insufana Conically, I ire 0h* Casualty Insurance unerban Insurance Company which resdu ons are now in full fora and effect reading as follows; ARTICLE IV - OFFICERS Section 12. Parer of Homey. Any officer or other official of the Caporaton authorized for that purpose In writing by the Chairman or the President, and subject In such imitation as the Chairman or the President may prescribe, shall appoint such adaneys+n fact. as may be necessary to ad in behalf of the Corporation W make, execute, seal, admowtedge and ddtver as surety any and all uylertaktps, bands, remgdzances and other surety obilgatdhs. Such aft"Irs-in-tact subject to the Ilmtatons oral With in thek respective Powers of attorney, shelf have full power In bikt the Corporation by their signeture and execution of any such instruments and to attach therein the seal d the Corporation. When so executed, suet Instruments shall be as binding as R signed by the President and atesied to by the Seaetsry. Ay power or authority granted to any representative air afi lofaot under the Provisions of this arable may be revoked at any time by the Board, the Chairman, the President or by the officer or oficehs granting such pager or autxxity. ARTICLE Kill -Execution of Contracts -SECTION 5. Suety Bonds and Urdertakings. Any officer of the Company authorized for that purpose in writing by the chairman or one president, and subject to such limitations as the ottoman or the president may presoiba, shall appoint such atomeysan-fact. as may be necessary to act In behalf of the Company to make, execute, seat, scknowdedge and deliver as surety, any and all undertakings, bonds, reo>gdzanees and other surely obligations. Such atomeys•in•tact subject to the Wnitatbns set lath in tlreir respective powers of attorney, shag have full power to lied the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be as biding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to tie Bylaws of the Company, authorizes David M. Carey, Assistant Boaster/ to appoint such attorneys -In - led as may be necessary to ad on behalf of the Company to make, sxe°te, seal, aciowAfadge and deliver as surety any and al undetaldngs, bonds, recognlzahces and other surety oNlgatons. Autmriation - By unanimous consent of the Company's Board of Oiredas, the.Coaparry consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of atorney issued by the Comparhy in connection with surety bonds, shag be valid and binding upon the Company wth the same face and effect as amogh manually affixed. I, Renee C. Llewellyn, the undersigned. Assistant Secretary, of Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company do hereby certify that this power ofatgreyexecWed by saki Companies is In fuN bra and effect and has not been revoked. IN TESTIMONY WHEREOF, I have heneunb set my hand and�aafAxed the seats of said Companies this _ day of OOC) Y INSUgAy��Q�41'{NaUgfNriM1o?j °By:91.9,�F�`y , 1991 Renee C. Llewellyn, Assistant Secretary �q FA' Pr3 ''MiANN t * Liberty Mutual. SURETY CONTRACTOR: (7ame, legal status, and address) Goins Enterprises, Inc. 3255 N. County Lane 252 Joplin, MO 64801 OWNER: (Name, legal status, and address) City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 CONSTRUCTION CONTRACT Date: Bond No674214972 Performance Bond SURETY: (Name, legal status, and principal place of business) The Ohio Casualty Insurance Company 175 Berkeley Street Boston, MA 02116 MAILING ADDRESS FOR NOTICES: 175 Berkeley Street Boston, MA 02116 Amount: $788,000.00 Seven Hundred Eighty Eight Thousand Dollars and 001100 This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Description: (Nance and location) Bid 21-77, Construction, S_ Garland Avenue Waterline Replacement Project BONE} Date: (Not earlier than Construction Contract Date) Amount: $788,000.00 Seven Hundred Eighty Eight Thousand Dollars and 001100 Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Goins Enterprises, Inc. The Ohio Casualty Insurance Company P��Y�rrsu'ta x ` 1914 Signature: Signature: yy �� i Name CCt444re A oL S Name S dra nettHaM r f and Title: PA esFl-7c t,,,r and Title: Atty-In-Fact (4ny additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY —Name, address, and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer, or other parry:) HUB International Midwest Limited 9200 Ward Parkway, Suite 500 Kansas City, MO 64114 816-708-4600 Init. 1 LMS•20875 02t21 Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text in AIA Document A312--2010 Edition Performance Bond. 1 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and tt be assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference, ity shall § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Tay the Bond, except when applicable to participate in a conference as provided in Section 3. Dn § 3 If there is no Owner Default under the Construction Contract, the Surety s obligation under this Bond shall arise after ng from .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the $es Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. 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, 6latcd if any, subsequently to declare a Contractor Default; Tutors, .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. :ted § 4 Failure on the pall of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety s obligations, or release the Surety from its obligations, except to the extent e the Surety demonstrates actual prejudice. 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one or of the following actions: all be § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; In § 5.3 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 a le I be 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 Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: or to be .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable ;red by after the amount is determined, make payment to the Owner, or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in all default on this Bond seven 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. o If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. hinder tract, 'shall 'shall be Inh. ueerty Mutual surety vouches that the original text of this document conforms exactly to the text i In AIA Document A312-2010 Edition Performance Bond. 2 LM&20976 020 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: _ Name and Title: Name and Title: Address: Address: Init. Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text / in AIA Document A312-2010 Edition Performance Bond. 4 UAS20876 0=i This Power of Aft" the act; of t ose named herein, sod they have he tedllodty to bind the Compeny except In the manner tow! to the extent herein staled. Not valid for mortgage, note, loan, Wier of credit bank deposit, currency rate, Interest rate or residual value puararnim. For hood ander Power of Attorney (POA) veriNoalbn Inquires, please coil 610-M4240 or email HOSUR@IWenymutual.com. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BYTHESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duty organized under the laws of the Stele of New Hampshire, that Liberty Mutual Insurance Company is a corporation duty organized unclear the laws of file Stale of Massachusetts, and West American Insurance Company Is a corporation duty organized under the laws of the State of Indiana (herein collectively plied the "Companies"), pursuant to and by authory herein act forth, does hereby name, constitide and appoimSandra Bunnell: of the dry of Kansas City , slala of -_MO is hue and lawful atlaney-in-W, with hill pourer and avtlhody, hereby conformed to sign, execute and acknowledge the following surety bond: Principal Name: ccama EreatWaea, Inc. Obliges Name: surety Bond Bond Amount: See Bond Form IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an autodzed officer or oftl of the Companies and the corporals seals of the Companies have been affixed thereto this 12w day of Mardi, 2021. 000 tY INSU��NWSUIrgNThe Ohio Casualty Insurance Company H��` opt G^Liberty Mutual Insurance Company e4 oWes n Insurance Company 1919 F� 1991 �M"NAF?i�lj N� t€By, # # David W. Carey, Assistant Secretary STATE OF PENNSYLVANIA as COUNTY OF MGNTGOMERY On this jr_ day of March, M, before me personally appeared David M. Carey, who edvowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing Instrument for it* purposes therein contained by signing on behalf of the conventions by Nmrself as a duty authorized oft er. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kim of Prussia. Pennsylvania. on it* day and Year first above wdten, r�QBget PAST CamngTorelUldtemsyN9nW"Iblic Seal ,//// _ w Y�r Teresa Pastelist, Notary Pubic B , ' /�-bCfiL--L1C/Iu Msion expires County Y My oommtisalon expkes Marsh 28, 2025 Teresa Pastelist Notary Public .y Commission number 1126044 `�.tpy t>Ve' Membm, PenmyrvaMa Association of Nofarles This Power of A : and executed pursuantto and by authorityof the flowing By-laws and Authonrabons a uberty Mutual Insurance Uompany, I he UW L'asually Insurance Company, and WestMwrican Msurmw Company which resolutions are now In fait fop and effect. reading as (claws: ARTICLE IV— OFFICERS — Section 12. Power of Atamy. Any office( or other AM of the Corporation autaraW or that purpose In writing by the Chairman or the President and aub)ed to such Wrdlaton as the Chairman or the President may prescribe, shall appoint such atormys-in-fact as may be rspssary to act In behalf ofthe Corporation to make, execute, seal, adoowledge and deliver as surety any and at undertakings, bonds, recogrYzahhces are other surety obligations. Such atomeys-in•faa subject to the limitation set fond in theta respective powers of of amay, shall have full power o bkA the Corporation by their signature and execution of any such instruments and to atach therein th seal of the Corpaaton. When so executed, such Insruments shall be as binding as Ifsigned by the President and attested to by the Secretary. Any power or auft ty granted to any representative or adxny- In-foot under the provisions of this artce may be revoked at any tree by ft Board, the Chairman, the President or by dre ofAcer or Dicers grentrg such power or authority. ARTICLE XN —Execution of Contracts —SECTION E. Surety Balls and Undertakings. My officer of the Company authoraed or that purpose In writing by the chairman or the presidem, and subjed ID such limitations; as the chairman or the president may prescribe, shall appoint such atonheys-in-fast, as may be necessary to act in behalf of the Company to make, execute, seal, scknowlsdw and deliver as surety any and at undertakings, balls, rewgnizames and other surety obligators, Such atomeysan-fact subject to the limitations set forth in their respectiva powers of attorney, shall have full power to band IN Company by their signature and exewf ce of any such Instruments and to atach thereto the seal of the Company. When so exewWd such Instruments shall be as binding as if signed by the president and attested by the secretary. CedNoate of Designation —The President of the Company, acting pursuant to ire Bylaws of the Company, authodzes David M. Carey, Assistant Secretary to appoint such atomeys-o- fael as may be necessary to ad on behalf of the Company to make, execute, seal, a*w#Wp and deliver as surety any and 91 undertakings, bonds, rewgnbahces and other surety obligations. Au(horbur ion —By unanimous consent of the Cahpam"s Board of Directors, the Company consents thatfapknlW or mechanically reproduced signature of any assistant secretary of to Company, wherever appearing upon a certified copy of any power of attorney Issued by the Company in connection with surety bonds, shag be valid and banding upon the Company with the same face and effect as though manuarly affixed. I, Renee C. Llewellyn, the undersigned,. AssBtanESecretary, of Libeny Mutual Insurance Company, The Onto Casualty insurance Company, and West American Insurance Company do hereby certify that this power of atomey, executed by said Companes a in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this _ day of 000 _NINSU,q��yn4�,°�W - 1991By.Ranee C. LlewetymLWvreMyn, Assistant Secretary � � � Nk F Liberty Mutual. SURETY CONTRACTOR: (Name, legal status, and address) Goins Enterprises, Inc. 3255 N. County Lane 252 Joplin, MO 64801 OWNER: (Name, legal status, and address) City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 CONSTRUCTION CONTRACT Date: Bond No.674214972 Payment Bond SURETY: (Nance, legal status, and principal place of business) The Ohio Casualty Insurance Company 175 Berkeley Street Boston, MA 02116 MAILING ADDRESS FOR NOTICES: 175 Berkeley Street Boston, MA 02116 Amount: $788,000.00 Seven Hundred Eighty Eight Thousand Dollars and 00/100 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Description: (Name and location) Bid 21-77, Construction, S. Garland Avenue Waterline Replacement Project BOND Date: (Not earlier than Construction Contract Date) Amount: $788,000.00 Seven Hundred Eighty Eight Thousand Dollars and 001100 Modifications to this Bond: nXX None F� See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Goins Enterprises, Inc. The Ohio Casualty Insurance Company Jt4c c trnsaw oswoFcy� 4r n M � x 1919 OZ Signature: Signature: A' Name �',q GlzsLr (r oI Name S ndra u ett r kaiw and Title: P11LF-S-'q and Title: Att+etr . -in-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY— Name, address, and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer, or other party.) HUB International Midwest Limited 9200 Ward Parkway, Suite 500 Kansas City, MO 64114 816-708-4600 Init. Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text 1 in AIA Document A312-2010 Edition Payment Bond. 5 LMS•20875 02121 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms, § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond, § 3If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owners property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. 14 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 6.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 6.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shalt indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 73, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 19 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Contraction 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 Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. [nit. Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text In ALA Document A372-2010Edition Payment Bond. 6 LMS26875 e2J21 § 10 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 the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 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. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, 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. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 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. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last famished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 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 Construction Contract. The term Claimant also includes any individual or entity thathes rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. 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. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text f in AIA Document A312-2010 Edition Payment Bond. 7 LM&20575 0=1 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: _ Name and Title: Name and Title: Address: Address: Init. Uberty Mutual Surety vouches that 0% original text of this document conforms exactly to the text i In AIA Document A312-2010 Edition Payment Bond. 8 LMS-20876 =1 This Power of Aft" limits the acts of these nalnM herein, anti they hews no authority to bid the Canpatly exbepl In Bte manner and to the extent herein stated. Not Yald for marlipp, note, ban, letter of credit bank deposk currency rate, Interest rate or res" Yalue guarantees. For bolts an" Power of Attorney (PDA) veriNcMbn infuirks, PNaee aH $10432-0240 oremah � HOSUual.com. 10�Liberty Liberty Mutual Insurance Company Mutuale The Ohio Casualty InsurancenCoCompany West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BYTHESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duty organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the Iowa of the State of Massachusetts, and West American Insurance Company Is a corporation duly organized under he laws of the State of Irxtaha (herein collectively called ihe'ComparW), pursuant to and by aulholty herein set forth, does hereby name, oonsddde and appolntSandra Burnett of the city ofKansas City stab of MO is We and lawful atbrneyan•tact, with full power and authority hereby conferred to sign, execute and acknowledge the following surely bond: Principal None: a.,h�rt,r.»..dsaz Inc- ObHWNWA: City of Fnedarvllle Surety Bond Number, 674214972 Bond Amount: See Bond Form IN WITNESS WHEREOF, this Power of Attorney has been subsctbed by an authorized officer or offldal of the Companies arts the corporate seals of the Companies have been affixed theretotds,l2° day oft rash, 2021. 1912 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY as The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Weisj,Amerikent Insurance Company David : Carey, Assistant Secretary On this 12�e day of March, 2021, before me personally appeared David M. Carey, who ackflawledped himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Canpary, and that he, as such, being autadzed so to do. execute the foregoing instrument for the purposes thareih contained by signing on behalf of the corporations by himself as a duty autanzed officer. OF, I have hereunto subscribed my name and affixed my notarial seal at Kim of Russia. Pennsvivar ia. on the day(aand vveearr Arrst ahhve writen. PASTE CatrwrboTeresa Of Penn tell,, Ylyanle'NWarY Seel Teresa Pestela, Nohwy PulhNh B . , Montgomery Gwnb Y My awrwnissbtr explrea Maroh 2S, 2025 Teresa Pastella, Notary Public Con nrilse rtulnbBr 112@O14 Y Metter, POWWAvan" AssoGMbn of Notaries and executed Pursuant to and by au" W ate fdWhting Bylaws and AUmoracd ne Of Up" Mutual Insurance Company,:I he(fxo Casualty IrSurenoa bnedcan Insurance Company whkth resolutions; are now In full force and effect reading as follows: ARTICLE N — OFFICERS — Section 12. Ponder of Attorney: Any officer or other official of the Carporefion autforized for final purpose In wddrg by the Chairman or the Preskle 1, and subject to such imilation as the Chairman or the President may Prescribe, shad appoml such atomeys irh raW, as may be necessary to ad in behalf or the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recogr hances anti Who surety obligations. Such ataneys4no-fact subject t0 the limitations set forth In in& respective powers of attorney, shalt have full power to. bind the Corporation by their signature and execution of any such instruments and to attach dwelo the seat W the Corporation. Wren so executed, such Instruments shall be as. biding as If signed by the President and attested to by the SeaWary. My pow a authority granted to any representative or after . intact under she praiubns W he artda may be revoked at any time by the Board, the Chairman, the President or by the officer or ofkam granting such Iowa or authority. ARTICLE XII-Execution of Contracts —BECTON 5. Suety Bonds and Undertakings. My offlcar of the Company sutlhodzed for that purpose in wd&g by the chairman of the president and subject to such limitations as the chairman or the president may prescribe, shall appoint such atbrneysan•tact, as maybe necessary to act In behalf W the Company to make. execute, east, acknowledge and deliver as surety any and WI udapkirgs, bands, recognizahces and Who surety obligations. Such subjeW to the limitations set bath in their respective powers W attorney, shall have lull power to bind the Company by t helrsfgnatue and execution of any such Instruments and to attach thereto the seal W the Company. When so executed such Instruments shall be as biding as If signed by the President and attested by the amatory, CertNkale of Desipnatbn—The President of the Company, acting pursuant to the Bylaws W the Cornpany, authorizes David M. Carey, Assistant Secretary to appoint such atomeysin- faW as may be necessary to act on behalf of the Company to. make, execute, seal, ecknowledge and deliver as surety any and et undertakings, bonds, rompbrances and other surety obligations. Authorization —By unanimous consent W the Companya Board W Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary Wipe Canparhy, whatever appearing upon a oertiflad copy W any power W attorney issued by the Company in corxhectiW with surety bonds,. shall be valid and biding upon the CMIWY with the same fate and effect as though manually affixed. I, Renee C. Llewellyn, the undersigrhed, Assistant Secretary, of Ubeety Mutual Insurance Company, The Ohio Casualty Insurance Company, and west American Insurance Company do hereby certify, Chet this Power of atkxrey executed by said Companies is in full face and affect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hard and altxed the seats of said Compares this _ day or 4Jn�1N5UaA�C t`�Ja„tY tM$()�N^ _ NINSU/{iN� //^^ r 19t2 a 1919 �$ 1991. Renee C. Llewellyn, Assistant Secretary wCw w t CHANGE ORDER NO. 1 CONTRACT WITH COINS ENTERPRISES, INC. Tim Nyander Submitted By City of Fayetteville Staff Review Form 2022-0433 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/11/2022 Submitted Date Action Recommendation: WATER SEWER (720) Division / Department Staff recommends approval of Change Order No. 1 to the contract with KAJACS Contractors, Inc. which will increase I the contract amount by $9,000.00. Budget Impact: 5400.720.5600-5808.00 Water and Sewer Account Number Fund 12009.1901 Water System Rehabilitation/Replacement Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Purchase Order Number: 2021-736 Change Order Number: 1 Original Contract Number: 2021-55 Comments: Remaining Budget Project Title $ 11,032,445.00 $ 9,169,532.58 $ 1,862,912.42 $ 9,000.00 $ 1,853,912.42 Previous Ordinance or Resolution # 296-21 Approval Date: 5-19-22 V20210527 ®CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: May 11, 2022 STAFF MEMO SUBJECT: Approval of Change Order No. 1 for the S. Garland Ave. Waterline Replacement Project RECOMMENDATION: Staff recommends approval of Change Order No. 1 to the contract with KAJACS Contractors, Inc. which will increase the contract amount by $9,000.00. BACKGROUND: In December 2021, the City Council approved a contract with Goins Enterprises, Inc. for the reconstruction of an 8-inch waterline in S. Garland Ave. from Cato Springs north to Boone Street (Res. 296-21). DISCUSSION: During construction the waterline was found to be in close proximity to a sewer main at a crossing. This requires steel encasement per health code. The contract only has steel encasement priced for boring, but not direct bury. The contractor has provided a price of $225/foot to direct bury 16-inch diameter steel encasement. BUDGET/STAFF IMPACT: Funds for this change order are available within the approved project contingency of $157,600.00. Attachments: Change Order No. 1 Resolution 296-21 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CHANGE ORDER A CITY OF FAYETTEVILLE A R K A N S A S Contract Title: Bid 21-77, Construction, S. Garland Ave. Waterline Replacement Change Order No, l Date of Issuance: May 10, 2022 To Contractor: Goins Enterprises, Inc. The Contract is changed as follows: ORDINANCE/RESOLUTION: 296-21 Effective: December 7.2021 Rid Bid Previous Unit Contract Revised Revised Original Revised Item Item Estimated of Unit Estimated Unit Estimated Estimated No. Description Quantity Measure Price Quantity Price Cost Cost ('O1 16" Diameter Steel Encasement, direct bury, including spacers, restraints and end seals 0 LF $ 40 $ 2200 $0.00 $9,000.00 Summation of Cost $0.00 $9,000.00 Net Cost for this Change Order $9,000.00 Not valid until signed by the Owner The original Contract Price was ------ _ $ 788,000.00 Net change by previously authorized change ordersThe Contract Price prior to this Change Order was _ _ _ _ $ 788,000.00 The Contract Price will [increase by] ] $ 9,000.00 The new Contract Price including this Change Order will be $ 797,000.00 The Contract Time(s) will [remain unchanged] _ _ 0 calendar days Required dates of Completion as of the date of this Change Order therefore are: Substantial Completion __ _ _ _ _ 7/18/2022 Final Completion ----------- ------------- ------------_-________ — ------------- ---------------- ------------- 8/15/2022 NOTE: This summary does not reflect changes in the Contract Price or Time(s) which have been authorized by Work Change Directives not incorporated in this or previous Change Orders. Goins Enterprises, Inc. CITY O A-JETT V L �= "j /,�"-tr-�" ��"o�o� 5-19-22 BY DATE B DATE Page 1 of 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 296-21 File Number: 2021-0930 BID # 21-77 GOINS ENTERPRISES, INC.: A RESOLUTION TO AWARD BID # 21-77 AND AUTHORIZE A CONTRACT WITH GOINS ENTERPRISES, INC. IN THE AMOUNT OF $788,000.00 FOR CONSTRUCTION OF APPROXIMATELY 2,600 FEET OF 8 INCH AND SMALLER WATERLINES FOR THE SOUTH GARLAND AVENUE WATERLINE REPLACEMENT PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $157.600.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville. Arkansas hereby awards Bid No. 21-77 and authorizes Mayor Jordan to sign a contract with Goins Enterprises, Inc. in the amount of $788.000.00 for the construction of approximately 2,600 linear feet of 8-inch and smaller waterlines for the South Garland Avenue Waterline Replacement Project, and further approves a project contingency in the amount of $157,600.00. 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 12/7/2021 Pa" 1 Printed on 1218121 Resolution 296-21 File Number 2021-0930 :fittest: Kara Paxton, City Clerk Treasurer jv;j�,.,-60 pF %PAYE — c, .• .• � ii,�ti'N� 4111 'ON; ��.`�� Page 2 Pr1Yttld on 12/3/21 CONTRACT WITH GOINS ENTERPRISES, INC TO REPLACE ADDITIONAL WATERLINE Tim Nyander Submitted By City of Fayetteville Staff Review Form 2022-0677 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item ARCHIVED 7/21/2022 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of Change Order No. 2 to the contract with Goins Enterprises, Inc. which will increase the contract amount by $3,800.00. Budget Impact: 5400.720.5600-5808.00 Water and Sewer Account Number Fund 12009.1901 Water System Rehabilitation/Replacement Project Number Project Title Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 11,032,445.00 $ 9,536,698.72 $ 1,495,746.28 $ 3,800.00 $ 1,491,946.28 V20210527 Purchase Order Number: 2021-736 Previous Ordinance or Resolution # 296-21 Change Order Number: 2 Approval Date: 7/26/22 Original Contract Number: 2021-55 Comments: _CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: July 14, 2022 STAFF MEMO SUBJECT: Approval of Change Order No. 2 for the S. Garland Ave. Waterline Replacement Project RECOMMENDATION: Staff recommends approval of Change Order 2 to the contract with Goins Enterprises, Inc. which will increase the contract amount by $3,800.00. BACKGROUND: In December 2021, the City Council approved a contract with Goins Enterprises, Inc. for the reconstruction of an 8-inch waterline in S. Garland Ave. from Cato Springs north to Boone Street (Res. 296-21). Change Order 1 was previously approved to add needed steel encasement pipe based on proximity of water/sewer in the field. DISCUSSION: Proposed Change Order 2 will provide funds for the contractor to replace an additional waterline crossing Brooks Avenue that is older Cast Iron Pipe. This additional replacement was not planned during design, but discovered during construction and pricing was requested by the City from the contractor. BUDGET/STAFF IMPACT: Funds for this change order are available within the approved project contingency of $157,600.00. Attachments: Change Order 2 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CHANGE ORDER CITY OF FAYETTEVILLE A R K A N 5 A 5 Contract Title: Bid 21-77, Construction, S. Garland Ave. Waterline Replacement Chaw-,c Order N,. 2 Date of Issuance: July 14, 2022 To Contractor: Goins Enterprises, Inc. The Contract is chaneed as follows: ORDINANCE/RESOLUTION: 296-21 Effective: December 7, 2021 Bid Bid Previous Unit Contract Revised Revised Original Revised Item Item Estimated of Unit Estimated Unit Estimated Estimated No. Description Quantity Measure Price Quantity Price Cost Cost CO2 Waterline Tie-in at West Walker St. & S. Brooks Ave. Labor & Equipment Only 0 LS $ - 1 $ 3,800.00 S0.00 $3,800.00 Summation of Cost $0.00 $3,800.00 Net Cost for this Change Order $3,800.00 Not valid until signed by the Owner The original Contract Price was $ 788,000.00 Net change by previously authorized change orders $ 9,000.00 The Contract Price prior to this Change Order was $ 797,000.00 The Contract Price will [increase by] ] $ 3,800.00 The new Contract Price including this Change Order will be _________________ __ $ 800,800.00 The Contract Time(s) will [remain unchanged] 0 calendar days Required dates of Completion as of the date of this Change Order therefore are: ^ _ _ _ ............. Substantial Completion 7/ 18/2022 Final Completion 8/ 15/2022 NOTE: This summary does not reflect changes in the Contract Price or Time(s) which have been authorized by Work Change Directives not incorporated in this or previous Change Orders. Goins Enterprises, Inc. BY DATE Page 1 of 1 APPROVAL OF CHANGE ORDER NO. 3 WITH GOINS ENTERPRISES, INC. Tim Nyander Submitted By City of Fayetteville Staff Review Form 2022-0779 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/18/2022 Submitted Date Action Recommendation: WATER SEWER (720) Division / Department Staff recommends approval of Change Order No. 3 to the contract with Goins Enterprises, Inc. which will decrease the contract amount by $48,655.10 for the South Garland Waterline Project. Budget Impact: 5400.720.5600-5808.00 Water and Sewer Account Number Fund 12009.1901 Water System Rehabilitation/Replacement Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: 2021-736 3 2021-55 Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 11,032,445.00 $ 9,536,698.72 S 1,4957,7 66. 88 $ (48,655.10) $ 1,544,401.38 V20210527 Previous Ordinance or Resolution # 296-21 Approval Date: 08/19/22 CITY OF - FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: August 17, 2022 STAFF MEMO SUBJECT: Approval of Change Order No. 3 for the S. Garland Ave. Waterline Replacement Project RECOMMENDATION: Staff recommends approval of Change Order 3 to the contract with Goins Enterprises, Inc. which will decrease the contract amount by $48,655.10. BACKGROUND: In December 2021, the City Council approved a contract with Goins Enterprises, Inc. for the reconstruction of an 8-inch waterline in S. Garland Ave. from Cato Springs north to Boone Street (Res. 296-21). Change Order 1 was previously approved to add needed steel encasement pipe based on proximity of water/sewer in the field. Change Order 2 was previously approved to add an additional street crossing to replace a nearby aging water main prior to re- paving work. DISCUSSION: Proposed Change Order 3 will reconcile all contract quantities to 100% utilization and allow the final pay request to match the full contract amount. Several savings during construction have allowed this project to be completed under the original bid price by $35,855.10. Summary of Contract Changes: $788,000.00 $9,000.00 $3,800.00 ($48,655.10) $752,144.90 BUDGET/STAFF IMPACT: No impacts. Attachments: Change Order 3 Original Bid Price Change Order 1 Change Order 2 Reconciliation Change Order 3 Final Contract Price Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETTEVILLE ARKANSAS Change Order No. To Contractor: Goins Enterprises, Inc. The Contract is chanced as follows. CHANGE ORDER Contract Title: Bid 21-77, Construction, S. Garland Ave. Waterline Replacement Date of Issuance: ORDINANCE/RESOLUTION: 296-21 Effective: December 7, 2021 August 16, 2022 Bid Bid Previous Unit Contract Revised Revised Original Revised Item Item Estimated of Unit Estimated Unit Estimated Estimated No. Description Quantity Measure Price Quantity Price Cost Cost 1 Erosion Control I LS $ 5,000.00 1 $ 5,000.00 $5,000.00 $5,000.00 2 Traffic Control I LS $ 15,000.00 1 $ 15,000.00 $15,000.00 $15,000.00 3 Mobilization (Not to Exceed I LS $ 36,100.00 1 $ 36,100.00 $36,100.00 $36,100.00 Percent) 4 Trench and Excavation Safety I LS $ 15,000.00 1 $ 15,000.00 $15,000.00 $15,000.00 5 Construction Staking I LS $ 2,500.00 1 $ 2,500.00 $2,500.00 $2,500.00 6 Bonds and Insurance I LS $ 16,000.00 1 $ 16,000.00 $16,000.00 $16,000.00 7 Site Restoration 1 LS $ 3,000.00 1 $ 3,000.00 $3,000.00 $3,000.00 8 Materials and Acceptance Testing I LS $ 3,000.00 1 $ 3,000.00 $3,000.00 $3,000.00 9 Dewatering I LS $ 3,000.00 1 $ 3,000.00 $3,000.00 $3,000.00 10 Clearing, Grubbing, and Tree I LS $ 3,000.00 1 $ 3,000.00 $3,000.00 $3,000.00 Removal I I Water Mitigation Dam (at b EA $ 300.00 0 $ 300.00 $1,800.00 $0.00 locations directed by the Engineer) 12 Flowable Fill Abandoned Water 2500 LF $ 8.00 0 $ 8.00 $20,000.00 $0.00 Lines Abandoned under Roadway 13 6" PVC Water Line (AWWA 100 LF $ 80.00 ' 1 $ 80.00 $8,000.00 $1,680.00 C900 DR-14 14 8" PVC Water Line (AWWA 1905 LF $ 85.00 2590 $ 85.00 $161,925.00 $220,150.00 C900 DR-14) Page 1 of 3 8" DI Water Line (AWWA C151, 1 1) 250 psi) 510 LF $ 90.00 0 90.00 $45,900.00 Ru.u�i with Exterior Zinc Coating, without AVhaltiq Coatis 16 Water Service Line (Including 1500 LF $ 31.00 1039 M 31.00 $46,500.00 $32,209.00 Boring Under Roadway 17 Water Meter Setting 33 EA $ 1,100.00 18 'S 1,100.00 $36,300.00 $19,800.00 18 8"0" Tapping Sleeve and VOvc 4 EA $ 6,800.00 3 S 6,800.00 $27,200.00 $20,400.00 19 6"x6" Tapping Sleeve and Valve 2 EA $ 6,300.00 2 $ 6,300.00 $12,600.00 $12,600.00 20 Cut and Plug Existing � ng 8" Water 3 EA $ 4,200.00 2 $ 4,200.00 $12,600.00 $9,400.00 21 Cut and Plug Existing 6" Water 4 EA $ 4,000.00 3 $ 4,000.00 $16,000.00 $12,000.00 Line 22 8" Gate Valve 2 EA $ 2,600.00 4 $ 2,600.00 $5,200.00 $10,400.00 23 6" Gate Valve 1 EA $ 1,900.00 1 $ 1,900.00 $1,900.00 $1,900.00 24 Fire Hydrant Assembly 6 EA $ 6,800.00 6 S 6,800.00 $40,800.00 $40,800.00 25 Ductile Iron Fittings 2750 LB $ 16.00 4450 $ 16.00 $44,000.00 $71,200.00 26 16" Steel Bored Steel Encasement 80 LF $ 875.00 80 $ 875.00 $70,000.00 $70,000.00 27 Remove and Replace Wood 100 LF $ 35.00 33 $ 35.00 $3,500.00 $1,155.00 Privacy Fence and Crate 28 Cold Mix (Temporary)R Pavement 250 SY $ 75.00 510 $ 75.00 $18,750.00 $38,250.00 pair 29 Asphalt Pavement Repair 500 SY $ 145.00 0 $ 145.00 $72,500.00 $0.00 30 Concrete Pavement Repair 50 SY $ 145.00 483 $ 145.00 $7,250.00 $70,095.90 31 Concrete Curb and Gutter 250 LF $ 65.00 36 S 65.00 $16,250.00 $2,340.00 Replacement 32 Concrete Sidewalk Replacement 25 SY $ 72.00 45 $ 72.00 $1,800.00 $3,240.00 33 Solid Sodding 1250 SY $ 3.50 1250 $ 3.50 $4,375.00 $4,375.00 34 Undercut and Backfill 50 CY $ 25.00 50 S 25.00 $1,250.00 $1,250.00 35 Rock Excavation 100 CY $ 100.00 0 'b 100.00 $10,000.00 $0.00 16" Diameter Steel Encasement, COI direct bury, including spacers, 40 LF $ 225.00 20 S 225.00 $9,000.00 $4,500.00 restraints and end seals Tie-in at West Walker CO2 rWaterlint St. & S. Brooks Ave. Labor & 1 LS $ 3,800.00 1 S 3,800.00 $3,800.00 $3,800.00 went Only Page 2 of 3 Summation of Cost $800,800.00 $752,144.90 Net Cost for this Change Order ($48,655.10) Not valid until signed by the Owner The original Contract Price was _ S 788,000.00 Net change by previously authorized change orders $ 12,800.00 The Contract Price prior to this Change Order was $ 800,800.00 The Contract Price will decrease by _ _ . _. _ _. $ (48,655.10) The new Contract Price including this Change Order will be _ _ ____________________ $ 752,144.90 The Contract Time(s) will remain unchanged _ --- — �- 0 calendar days Required dates of Completion as of the date of this Change Order therefore are: Substantial Completion 7/18/2022 --------- —----- —------ —--------- -------------------- —--- ----------- ---------------------- —----- ---- Final Completion 8/15/2022 NOTE: This summary does not reflect changes in the Contract Price or Time(s) which have been authorized by Work Change Directives not incorporated in this or previous Change Orders. Goins Enterprises, Inc. ^ CITYILLE �� ►�\ Ib 2� 08/19/22 BY DATE BV DATE Page 3 of 3