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HomeMy WebLinkAbout144-98 RESOLUTION• • RESOLUTION NO 144-98 A RESOLUTION AWARDING BID NO. 98-82 IN THE AMOUNT OF $87,332.74 TO TOMLINSON ASPHALT COMPANY, INC., PLUS A PROJECT CONTINGENCY IN THE AMOUNT OF $20,000 FOR LAKE FAYETTEVILLE DAM EROSION AND SEEPAGE CONTROL; AND APPROVING A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section' That the City Council hereby awards Bid No. 98-82 in the amount of $87,332.74 to Tomlinson Asphalt Company, Inc., plus a project contingency in the amount of $20,000 for potential variations in quantities, testing and other direct project expenses for the Lake Fayetteville Dam Erosion and Seepage Control Project; and authorizes the Mayor and City Clerk to execute a contract in said amount. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 7. The City Council hereby approves a budget adjustment in the amount of $35,944 increasing Waterline Improvements, Acct. No. 4470 9470 5808 00, Project No. 96036 20 by decreasing Bridge & Drainage Improvement, Acct. No. 4470 9470 5817 00, Project No. 97041 10. A copy of the budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this 1'L day of November , 1998. A3 ,. 6-11 r 333 'AT By: Heather Woodruff, City Clerk APPROVED: By. Fr d Hanna, Mayor City of Fayetteville, Arkansas 'Budget Adjustment Form EXHIBIT B Budget Year 1998 Department: Sales Tax Capital Improvement Division: Bridge & Drainage Improvements Program: Date Requested 10/27/98 Adjustment # Project or Item Requested: Additional funding is requested Lake Fayetteville Dam Erosion and Seepage Control Project. Project or Item Deleted: None. Funding proposed for this adjustment is from the Miscellaneous Drainage Improvements Project. Justification of this Increase: Additional funds are needed to accomplish the revised scope of work. Justification of this Decrease: Sufficient funding remains to fund this request and meet planned improvements for this project. • Increase Expense (Decrease Revenue) Account Name Amount Account Number Project Number Waterline Improvements 35,944 4470 9470 5808 00 96036 20 Decrease Expense (Increase Revenue) Account Name - Amount Bridge & Drainage Imp. Account Number Project Number 35,944 4470 9470 5817 00 97041 10 Approval Signatures partmeett Di ctor Admin. Spty� Director May • Date Budget Office Use Only Type: A B C Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log C-� E Blue Copy: Budget & Research / Yellow Copy: Requester C:4[PPW8BUD\BADJFORM.WK4 AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW STAFF REVIEW FORM (Change -order) RECEIVED For the Fayetteville City Council FR(1M 7-z7-11 GGti oedc.. I T&rn ;Ass F kaIf mss. 144 -9S Lac. T:14...sffIztjilla., meetemos gyet &Vu.LE For Mayor s signature CITY CLERKS OFFICE Jim Beavers Engineering Name Division Public Works Department ACTION REQUIRED: Approval of change order one to reconcile the final quantities and add new pay items to the construction contract with Tomlinson Asphalt Comp/any for the Lake Fayetteville Dam Seepage and Erosion control project. COST TO CITY: -$14,475.53 $107,332 cost of this Request Category/Project 4470-9470-5808.00 $87,332 Lake Fay Dam Budget Category/Project Name Account Number Funds Used To Date 96036-0020 $20,000.00 Project Number Remaining Balance BUDG T REVIEW: B dget Coordinator Capital mains Program Name Water/Sewer Fund x Budgeted dtem1 Budget Adjustment Attached dmini' native Services Director CONTRACT/GRANT/LEASE %71.6,(,�r / .d Acbpuntiftg M- age 4, 1 REVIEW: CityAttbrney Purchasing Officer 9-2 Date GRANTING AGENCY: ADA Coordinator Date Internal Auditor 143-11 Date STAFF RECOMMENDATION: Approval 2a ..t!f 99 Date 7-tG-£, Date 2 )001 Date 2'/fl/% Date Date Date Cross Reference New Item: No I44 1% Prev Ord/Res # 114-�O Orig Contract Date: 17 Nov 98 rage < STAPF REVIEW FORM Description Meeting Date Cements: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Reference Conents: FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Jim Beavers, Chief Engineer From: Theresa Johnson, Deputy City Clerk Date: August 2, 1999 Re: Lake Fayetteville Dam Seepage project, Change Order #1 Attached please find one copy of the staff review form for the contract with Tomlinson Asphalt Company referenced above. The original will be microfilmed and filed with the City Clerk's office cc: Yolanda Fields, Internal Auditor Reconciliatory change order and Final payment Lake Fayetteville Dam Seepage and Erosion control Project Lake Fayetteville Dam seepage and erosion Date: *July 99 Project No. 96036-0020 Contractor: Tomlinson Asphalt Co. P.M. Beavers Pay Estimate No. 2 - FINAL dated 6/17/99 Engineering file 6646 Previous change orders: 0 Purchase Order no. 98-0004597-001 Account: 4470-9470-5808.00 Description of work: Bid number 98-82. Resolution 144-98 approved 17 November 98. Underdrain, concrete pipe, graded swale, junction boxes and clean-up at the toe of the Lake Fayetteville Dam The contract is complete and accepted. Reconciliation change -order: Final quantities for items 1 - 26, as bid, ar under the estimated quantities. The original estimated contract cost was $87,332.74. The final cost for the original contract items prior to the additional items is $71,187.21. Please see the attached final payment request. The following additional items were necessary to complete the project and were added/field directed by the City Engineer: 27. Locking lids 4 at $55.00 220.00 28. Berm over underdrain is 800.00 29 Additional headwall at south outlet pipe is 650.00 Total added work $1,670.00 Total cost to the City $72,857.21 Total budgeted by the City = $87,332.74 contract and $20,000.00 contingency for a total of $107,332.74. Unused balance to be returned to the miscellaneous drainage budget = $34,475.53. Payments: Description previous this period Lake Fayetteville Dam 70,797.21 2,060.00 Retainage: -3,539.86 3,539.86* Account: 4470-0000-1101 00 *refund the retainage being held Previous payments 67,257.35 Total due contractor $ 5,599.86 Approval recommended deelan Approved Jyfn Beavers City Engineer F ed Hanna Mayor date y% date 12TtJ'PT gondinion alpha&ce., ate. 1411 Van Asche Fayetteville, AR 72703 Phone (501) 521-3179 Fax (501) 521-8356 ESTIMATE Estimate No. 2 F In Account With njLrp• n "WR --41819 - 611199 CITY OF FAYETTEVILLE (PG 1 OF 2) LAKE FAY. DAM EROSION AND SEEPAGE CONTROL PROJECT Examined and Approved Date: 6/17/99 Total Amount Of Work Done To Date Amount Retained ( Difference Deduction Less Previous Payments Amount Due on Contract Slaw 71447 %) • i • Item No. Unit Description of Item P Planned Quantity Curr. Work Estimated Prev. Work Estimated Completed Work to Date Contract Price Amount 1 LF 8" PERF. DRAINAGE PIPE 1,625 0 1,580 1,580.00 11.39 $17,996.20 2 Ton GRANULAR FILTER ROCK 11,2010 0 477 477.00 11.56 $5,514.12 3 SY FILTER FABRIC 0 2,194 2,194.00 1.47 53,225.12 4 LF 3/4 "PVC CONDUIT /2,530 Iree4 0 1,480 1,480.00 1.45 $2,146.0C 5 is 24" RCP 280 i� 0 264 264.00 36.67 $9,680.88 6 LF 12" RCP 20 0 18 18.00 44.00 5792.00 7 EA 24" FES 1 0 1 1.00 425.00 U25.00 8 EA 12" FES 1 0 1 1.00 300.00 $300.00 9 EA AREA INLETS 2 0 2 2.00 1,530.00 $3,060.00 10 EA JUNCTION BOX 4 0 4 4.00 1,840.00 $7,360.00 11 VLF VER.LINEAR FT. 6 0 0 0.00 250.00 $0.00 12 EA REMOVE/DISPOSE HEADWALL 1 0 1 1.00 500.00 $500.00 13 SY 4" CONCRETE SWALE 168 0 88 88.00 29,38 $2,585.44 14 SY FILTER FABRIC FOR RIP RAP 22 0 22 22.00 1.50 $33.00 15 TON RIP -RAP 18 0 33 33.36 24.00 $800.64 16 CY UNREINFORCED CONCRETE 1 0 0 0.00 200.00 $0.00 17 CY ENBANKMENT 400 0 400 400.00 6.97 $2,788.00 18 CY IMPORTED HILLSIDE FILL 100 0 133 133.00 12.75 51,695.75 19 LS DISPOSE OF ALL EXCA. MATERIAL 1 0 0 0.00 1,500.00 50.00 20 LF GRADE 4'WIDE SWALE 100 0 100 100.00 15.00 $1,500.00 21 CY IMPORTED TOPSOIL 120 0 102 102.00 37.50 $3,825.00 22 SY BERMUDA SOD 750 0 740 740.00 3.00 52,220.00 23 LS FINAL CLEANUP/SEEDING 1 0 1 1.00 2,700.00 $2,700.00 24a EA STAKED HAY BALES/CHECK DAM 6 6 0 6.00 65.00 5390.00 24b 15 SILT FENCE 1,500 0 0 0.00 1.00 $0.00 Examined and Approved Date: 6/17/99 Total Amount Of Work Done To Date Amount Retained ( Difference Deduction Less Previous Payments Amount Due on Contract Slaw 71447 %) • i • g04,Za'Li21A4L c&pJw r 00-., ane. 1411 Van Asche Fayetteville, AR 72703 Phone (501) 521-3179 Fax (501) 521-8356 ESTIMATE Estimate No. 2 From 4/13/99 To 6/1/99 In Account With CITY OF FAYETTEVILLE (PG 2 OF 2) LAKE FAY. DAM EROSION AND SEEPAGE CONTROL PROJECT Examined and Approved By: Date: 06/17/1999 Total Amount Of Work Done To Date Amount Retained (_ %) Difference Deduction Less Previous Payments Amount Due on Contract 72,857.21 67,257.35 5.599 86 Item No. Unit Description of Item Planned Quantity Curr. Work Estimated Prev. Work Estimated I Completed 'Work to Date Contract Pnce Amount 25 LS MOBILIZATION 1 1 0 1.00 1,400.00 $1,400.00 26 LS TRENCH SAFETY 1 1 0 1.00 250.00 3250.00 27 EA LOCKING LIDS 0 4 0 4.00 55.00 $220.00 28 LS CONSTRUCT BERM OVER DRAIN 0 1 0 1.00 800.00 $800.00 29 LS HEADWALL © SOUTH INLET 0 • 1 0 1.00 650.00 5650.00 0 0 0 0.00 0.00 30.00 0 0 0 0.00 0.00 $0.00 o 0 0 0.00 0.00 30.00 o o 0 0.00 0.00 $0.00 0 0 0 0.00 0.00 $0.00 0 0 0 0.00 0.00 $0.00 o o 0 0.00 0.00 30.00 0 0 0 0.00 0.00 $0.00 o 0 0 0.00 0.00 $0.00 0 0 0 0.00 0.00 $0.00 0 0 0 0.00 0.00 $0.00 0 0 0 0.00 0.00 $0.00 0 0 0 0.00 0.00 $0.00 o o 0 0.00 0.00 $0.00 o 0 0 0.00 0.00 50.00 o 0 0 0.00 o.ad so.00 0 0 0 0.00 0.00 $0.00 0 0 0 0.00 0.00 $o.00 0 0 0 coo 0.00 $o.00 o 0 0 0.00 0.00 $0.00 Examined and Approved By: Date: 06/17/1999 Total Amount Of Work Done To Date Amount Retained (_ %) Difference Deduction Less Previous Payments Amount Due on Contract 72,857.21 67,257.35 5.599 86 • RESOLUTION NO 1 4 4- 98 A RESOLUTION AWARDING BID NO. 98-82 IN THE AMOUNT OF $87,332.74 TO TOMLINSON ASPHALT COMPANY, INC., PLUS A PROJECT CONTINGENCY IN THE AMOUNT OF $20,000 FOR LAKE FAYETTEVILLE DAM EROSION AND SEEPAGE CONTROL; AND APPROVING A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 That the City Council hereby awards Bid No. 98-82 in the amount of $87,332.74 to Tomlinson Asphalt Company, Inc., plus a project contingency in the amount of $20,000 for potential variations in quantities, testing and other direct project expenses for the Lake Fayetteville Dam Erosion and Seepage Control Project; and authorizes the Mayor and City Clerk to execute a contract in said amount. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. ,Section 7 The City Council hereby approves a budget adjustment in the amount of $35,944 increasing Waterline Improvements, Acct. No. 4470 9470 5808 00, Project No. 96036 20 by decreasing Bridge & Drainage Improvement, Acct. No. 4470 9470 5817 00, Project No. 97041 10. A copy of the budget adjustment is attached hereto and made a part hereof. c• -\ PASSED AND APPROVED this17`s day of _November , 1998. By - (Heather (Heatther Woodruff, City Clerk APPROVED: By Fr d Hanna, Mayor OAYETTEVILLE VENDOR NO. 3 PURCHASE ORDER Tomlinson Asphalt Co Inc Attn Mark Mahaffey 1411 W Van Asche Fayetteville AR 72703 Each Package Must Be Marked PURCHASE ORDER # Exactly As Shown Here City of Fayetteville, Arkansas 98-0004597-001 DATE 12/11/98 FOB Fyv TERMS NET 30 DAY Unit Ci City. of Received Issue Description and Account Number Unit Price TOTALS 1.00 JOB a) Lake Fay Dam Erosion & Seepage 87332.74 87332.74 Control Bid #98-82 Resol #144-98 Contract #687 4470.9470.5808.00 96036 20 $87332.74 t, CL e (Did SHIP TO: Engineering/Drafting CITY OF FAYETTEVLLLE 113 W MOUNTAIN FAYEITEVILLE AR 72701 Sales Tax Total: Beavers, J Venable, C Purchase Order Total: 87332.74 DEPARTMENT VERIFICATION RECEIVED DEPT HEAD APPROVAL DOES NOT MEET PURCHASING POLICY AMOUNT TO PAY S - CONTRACT PAYMENT OTHER /VPVERIFICATION - APPROVED BY BY DATE ADDITIONAL APPROVAL CHECK # PURCHASING VERIFICATION PRICE CHANGE VERIFICATION PROJECT # THIS PAYMENT s PREVIOUS PAYMENT(S) S RETURN CHECK TO TOTAL PYMT(S) S SEND COPY TO BALANCES DEPT COPY HTS DR CYPRESS P1. I SPRINGDALE JOFINSON POP. 519 • DREW AVE 1/ LAKE RD EVERCRE DR FAYETTEVILLE RD ZION ROAD E CR OR 22 NE DR WRY DR a 23 25 JOYCE BOULEVARD 23 20 J) STEAK S 24 15 JOYCE u 7. �t t FRAZIER SIEARNS ST 5 HON E' UC 1< 0 0 z BOULEVARD 3 6u PARADISE VALLI GOLF °OURS: LAKE FAYETTEVILLE DAM EROSION & SEEPAGE CONTROL VICINITY MAP NORTH SralF• 1 IN = 1/4 K4IIF' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 '47?0HlfIT A. " DETAILED SPECIFICATIONS AND CONTRACT DOCUMENTS LAKE FAYETTEVILLE DAM EROSION AND SEEPAGE CONTROL BID NO. 98-82 CITY OF FAYETTEVILLE, ARKANSAS SEPTEMBER 1998 CITY OF FAYETTEVILLE ENGINEERING DIVISION CAPITAL IMPROVEMENT PROGRAM I% ARKANSAS i REIISTEREP t PROFESSIONAL N I.�r9i R9 No.6646 L 1 :7DwpAa 1 • 141 pyo/ -5r 12.64 To: Heather Woodruff, City Clerk From• Jim Beavers, City Engineer Date: 14 December 98 Re: Bid no. 98-82, Lake Fayetteville Dam Erosion and Seepage Bid no. 98-82 in the amount of $87,332.74 as submitted by Tomlinson Asphalt Company was approved by the Fayetteville City Council on November 17, 1998. The agreements have been executed and three returned to Engineering (one original kept by City Clerk and one forwarded to intemal audit by the City Clerk). I forgot to include the performance and payment bonds and the certificate of insurance Please find one set to add to your original contract. Thank you. ACORDnt CERTIFICATE OF . LIABILITY INSURANCE DATE 'M.1ADNY'' "' 11/24/98 ,. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Roseman Insurance/LRK 1500 Rlverfront Drive ��pp 2 I�� RECEA Vp// E3 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. OR P. 0. Box 3198 NOV 2 5 19-1_ - COMPANIES AFFORDING COVERAGE Little Rock, AR 72203-3198 - 15011 561-4800 COMPANY _ . A Michigan Mutual Insurance Co. INSURED Tomlinson Asphalt Company Inc. COMPANY B Amerisure Insurance Company 1411 West Van Asch' Fayetteville, AR 72703 COMPANY C COMPANY D 2' COVERAGES ...":. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDINGANYREOUIREMENT,TERMORCONDITIONOFANYCONTRACT OR OTHERDOCUMENTWITHRESPECTTOWHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDTYY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS A GENERALLIABLITY CPP1301865 8/01/98 8/01/99 GENERAL AGGREGATE S 2,000,000 PRODUCTS-COMP/OP AGG S 2,000,000 x COMMERCIAL GENERAL LIABILITY PERSONAL A ADV INJURY $ 1,000,000 CLAIMS MADE x OCCUR EACH OCCURRENCE S 1,000,000 OWNER'S 8 CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) f 100,000 MED EXP (Any one person) S 5,000 B AUTOMOBILE LIABILITY CA1301856 8101/98 8/01/99 COMBINED SINGLE LIMIT S 1,000,000 X ANY AUTO BODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) S X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT S AGGREGATE S A EXCESS LIABLITY CU1301868 8/01/98 8/01/99 EACH OCCURRENCE $ 1,000,000 AGGREGATE S 1,000,000 X UMBRELLA FORM f OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC1301857-01 8/01/98 8/01/99 Wain! TORY LIMITS OTN ER -...... EL EACH ACCIDENT S 500,000 EL DISEASE -POLICY LIMIT f 500,000 THE PROPRIETOR/ PARTNERS/EXECUTIVE INCL EL DISEASE -EA atoLOYEE S 500,000 OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONSLOCATIONSNEHICLESISPECIAL ITEMS CERTIFICATE HOLDER - City of Fayetteville Attn: Jim B CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUINO COMPANY WLL ENDEAVOR TO MAL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City Engi neer 113 West Mountain Street B LURE TO MAL SUCH NOTICES Y KIND UPON THE CO AN IMPOSE NO OBLIGATION OR LIABLT v ITS AGENTS OR REPRESENTATIVES. Fayetteville, AR 72701 REPRESENTAT7 Y 1 j 10' J A AV/ mrw ''ACOHD a•S.(1195). .. CA W ACORD CORPORATION 1988 RT IFICATE: 040/001/ 00127 it • Pfl 0BNANCI BOND Bond No. 11141662251 now ALL NEW DT SS PREsfTs, That we (1) Tomlinson Asphalt Company, Inc. a (2) Corporation hereinafter called •Principal• and (3) National Surety Curpuid oifon Chicago stats of Illinois hereinafter called the •surety,• are held and firmlyboundunto (6) The City of Fayetteville, Arkansas hereinafter called the •Owner•, iisn penal sum of Flighty -Seven Thousand Three Hundred Thirty -Two and" 0- $87,332.74) in lawful money of the United states, for the payment of which sea well and truly to ba made, w bind ourselves, our heirs, executors, administrators end successors, jointly and severally, firmly by these presents. TEN CONDITION OP TSIs OBLIGATION is such that whereas, the Principal entered into a certain contract with owner, dated the day of * 19 , a copy of which is hereto attached and made a part hereof for the construction of, Lake Fayetteville Dam Erosion and Seepage Control Improvements, Fayetteville, Arkansas Bid No. 9$-82 which shall be the Lake Fayetteville Dem Erosion and seepage Control isprovemants, Fayetteville, Arkansas, in accordance with the bid schedule, plan drawings 1. 2, 3, 4, 3, 6, 7 and the contract documents including the project specifications. NOW TREMORS, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms and conditions, and agresaanta of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the surety, and if he shall satisfy all claims and demands incurred under such contract, and which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expanse which the Owner may incur in making good any default, than this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FORTNER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the tarns of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteratio'• w.. •AA,•,r as .l. --I MLS =7 -tract or tc the work or to the specifications. PROVIDED, FORTNER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied, This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1937), Section 51-633, Cumulative Supplement. IN = INNBB wEDNX0r, thin instruaant is executed in six (6) counterparts, each one of which shall be deemed as original, thin the day of , 19_. attests (Principal) Secretary (Seal) Witness as to P /9 e.S ileint Cay. 7l �• Address Attests Secretary Witness 1500 R Little Address to Surety erfront Driv Rork. AR 72202 • TOMLINSON ASPHALT COMPANY, INC. Dal 1411 West Van Asche Fayetteville. AR 72703 Address .TION._ URETY CORPORATION ttorney-ia-P •t Linda Frey P. s. Box 3198 .Little Rock. AR 72203 Address Wars, Data of bond must not be prior to date of contract. Correct ser of Contractor. k mrporatien, a partnership, or an individual, ss the case nay be. Correct nese of Snaky. Correct nano of Owner. XI Contactor is a partnership, all partners aboutd execute Load. This bond most bottled with the Circuit Clerk of the county este tie work ia to b• perfenrd prior to tba 'start of construction. • Bond No. 11141662251 PATIoaT BOND KNOWALL eew 87 TPZes PRASRITfS; That we (;) Tomlinson Asphalt Company, Inc. a (2) Corporation hereinafter called 'Principal• and (3) National Surety Lorporata jn Chicago State of T11inols hereinafter called the 'Surety,' are held and firmly bound unto (4) The City of Fayetteville, Arkansas • hereinafter called the ■Owner', in penal sum of Eighty -Seven Thousand Three Hundred Thirty -Two and 7f100- $87.332.74) in lawful Loney of the Dnitsd States, for the payment of which sum well and truly to be made, we bind ourselves, our hairs, executors, administrators and successors, jointly and severally, firmly by these presents. TEM CONDITION 01 TRIO OBLIGATION is such that whereas, tba Principal entered into a certain contract with Owner dated the day of 19 a copy of which is hereto attached and made a part hereof for the construction oft Lake Fayetteville Dam Erosion and Seepage Control Improvements, Fayetteville, Arkansas Did Wo. 98-82 which shall be the Lake Fayetteville Dam erosion and seepage Control improvements. Fayetteville, Arkansas in accordance with tba bid schedule, plan drawings 1, 2, 3, 4, 5, 6, 7 and the contract docaaents including the project specifications. NOW TElflFORl, if the Principal 'ball promptly sake payment to persons, firms. subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorised extension or modification thereof, all amounts due for but not limited to materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used in compaction with the construction of said work, fuel oil, camp equipment, food for man. feed for animals, premiums for bonds and liability and workmen'• compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due to the state of Arkansas or any political subdivision thereof which shall have arisen on account of or in connection with the wages earned by workman covered by the bond; and for all labor, performed in such work whether by subcontractors or otherwise, than this obligation shall be void, otherwise to remain in full force and affect. The Surety agrees that the tars of this bond shall cover the payment by the Principal of not lass than the prevailing hourly rate of wages as found by tha Arkansas Department of Labor or es determined by the court on appeal to all workmen performing work under the contract. PROVIDID, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time. alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDRD, FURTHER that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim asy be unsatisfied. • • • This bond is given in compliance with Act 353. Arkaness Acta of 1933. and Act sof. Arkansas Gets ad 1SS7. the same appearing as arlaasas Statutes (19S7). Section 51-435. Cumulative Supplement. • IN COSS Cale this instrument is executed in cis (i) cOuatespaxa. each one of whish aba11 be deemed as original this the __ day of Attests Ail )444, Address Attests (Surety) Secretary witness 1500 R Little ad+dresa to Surety erfront Drive Rock, AR 72202 37 1411 West Van Asche Fayetteville, AR 72703 Address TOMLINSON ASPHALT COMPANY, INC. N'T4dONAL SURE' CORPORATION At n A loser -is -fact/ in a Frey P. O. Box 3198 Little Rock, AR 72203 Address MOTIs bate of bond tat not be prior to data of contract. (1) retreat nae e¢ Contractor. (2) a corporation. a pertaetabip, or an iadiwtssai es the case maybe. (3) Correct name of enmity. tel Carnet AS of Cs. (a) If Contractor is a partaerahip, all partners should aaeeata bond. (i) This bond oust be tiled with the Circuit Clark of the oaontr abase the work is to be performed prior to tem start of contraction. • GENERAL POWER OF ATTORNEY • NATIONAL SURETY CORPORATION KNOW ALL MEN BY THESE PRESENTS: That NATIONAL SURETY CORPORATION, a Corporation duly organized and existing under the laws of the State of Illinois, and having its Home Office in the City of Chicago, County of Cook, State of Illinois, has made, constituted and appointed, and does by these presents make, constitute and appoint LINDA FREY, JOHN GERETY, CAROLYN A. CORY, DIANNE COWAN, WILLIAM W. BUSSEY, JR., JOHN M. ELLIOTT, ALLEN J. McDOWELL, HENRY NOOR, jointly or severally LITTLE ROCK AR its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 44 and 45 of By-laws of NATIONAL SURETY CORPORATION now in full force and effect. "Arne VII. Appointment and Authority of Resident Secretaries, Attorney -in -Fact and Agents to accept Legal Process and Make Appearances. Section 44. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -In -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 45. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL SURETY CORPORATION at a meeting duly called and held on the 29th day of June, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation.' IN WITNESS WHEREOF, NATIONAL SURETY CORPORATION has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 14th day of November 19 97 en o/ STATE OF CALIFORNIA COUNTY OF MARIN By NATIONAL SURETY CORPORATION 14th November 97 personally On this day of 19 beforeme pe s y came to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of NATIONAL SURETY CORPORATION, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. M. A. Mallonee 1 A A A A A A A A A A A S A. KRIEGER > 0S1' COMM.#1645112 T f'l a NOTARY PUBLIC -CALIFORNIA , PARIN COUNTY V hly Com. Ez &es Mar. 20. 1999 ; STATE OF CALIFORNIA COUNTY OF MARIN 4 CERTIFICATE ss. I, the undersigned, Resident Assistant Secretary of NATIONAL SURETY CORPORATION an ILLINOIS Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 44 and 45 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the day of 19 360711-NS3-95 Resident Assistant Secretary