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Home My WebLink About31-00 RESOLUTIONa • RESOLUTION NO, 31-00 MICROFILMED A RESOLUTION AWARDING BID NO. 2000-24 TO HECKATHORN CONSTRUCTION CO., IN THE AMOUNT OF $190,863, PLUS A 15% CONTINGENCY, FOR THE CONSTRUCTION OF THE SOLID WASTE CONTAINER MAINTENANCE BUILDING; 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. 2000-24 to Heckathorn Construction Co., in the amount of $190,863, plus a 15% contingency, for the construction of the solid waste container maintenance building. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The City Council hereby approves a budget adjustment in the amount of $19,492 increasing Building Costs, Acct. No. 5500 5060 5804 00, Proj ect No. 990791 by decreasing Use of Fund Balance, Acct. No. 5500 0950 4999 99. A copy of the budget adjustment is attached hereto marked Exhibit "B" and made a part hereof. PASSED AND APPROVED this 21st day of March , 2000. APPROV By: /�/�'� ` /�l�'✓iY/ red Hanna, Mayor ATTEST: 4'A Heather Woodruff, City Cle • • NAME OF FILE: E3. (g/-4 /6?K4i/1DA hI eD/ciCS,W. COA.Cd. earis1/F-� m, rmr B&i2. CROSS REFERENCE: Date Contents of File Initials g 3 3/ -Do p ,C�s,l t 3- DO / gX�/r x7 , „ C K TREcr eX //I,Rz 7 X" Ii & 7 As -cane -MI) ,c(. %0 �B&&y l/7_cc f eaYI7 , %S-C2a z,ix!] egAls irbez' ;3-01-0/ETrEP 3-0/40 CER 7".xPZE7\ Rz-A 74192a4r.z441 3 -o2 -0o .%1�11z) 70 _,f,'/ _err)/ Cevaark A:2m m lc A.,_zE A.OhniciAi 7 //Qlt 7 i.9/1-9/21i0AIA V- C1', /4 (/mow s MbE 32/ -Do cS-7-APr- ieEt/ze-) A-0km 3 -27- o 1/017A-72Cv002g/j, »2 Z o T C/1 ,Cis zD T rz' /hQom 7 -/f -ad Ci/Rfi e4Q I/ irl a. CON TRACT • EXHIBIT A THIS AGREEMENT, made and entered into on the 21sc day of March' 2000, by and between HECKATHORN CONSTRU';TION COMPANY, INC. herein called the Contractor, and the City of Fayetteville; Arkansas, hereinafter called the Owner. WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled Plans for Container Maintenance Building at the Compost Facility, dated FEBRUARY, 2000. Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Addendum No. 1 (2/22/00) Payment Bond General Conditions Supplemental Conditions Specifications Drawings (See Sheet Index below) SHEET INDEX Sheet Number Description 1 Existing Site Plan 2 Proposed Site Plan 3 Building Elevations 4 Foundation Plan at Elevation 102.0 and Sections 5 Slab Plan at Elevation 103.30 6 Floor Plan and Room Details 7 Utility Site Plan 8 Plumbing Dram and Supply Plan 9 Plumbing Riser Details and Schedules 10 Mechanical Plan 11 Mechanical Details and Schedules 12 Electrical Power and Comm. Plan 13 Electrical Notes, Schedules, and Details 14 Water & Sewer Service Lines and Pavement Details 15 Recycle Bin Shelter Layout and Requirements FY992157 Fayetteville Container Maintenance Building 00500 - l �xH• ealTh rn >< sc1 s • 2. That the Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of: One Hundred Ninety Thousand Eight Hundred Sixty Three Dollars ($190,563.00) 3. The Work will be substantially completed within 120 days after the date when the Contract Time commences to run as provided in Notice to Proceed, and completed and ready for final payment in accordance with the General Conditions within 150 days after the date when the Contract Time commences to run. 4. Liquidated Damages: Owner and Contractor recognize that time is of the essence of this Agreement and the Owner will suffer financial Loss if the Work is not completed within the times specified in above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner One Thousand and 00/100 Dollars ($1000.00) for each day that expires after the time specified in Paragraph 3 for Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3 above for final payment or any proper extension thereof granted by Owner, Contractor shall pay Owner Two Thousand and 00/100 Dollars ($2000.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. 5. That within 30 days of receipt of an approved payment request, the Owner shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in the General Conditions, which is to be withheld by the Owner until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 6. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the Owner. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the Owner, furnish an additional bond or bonds in such form and amount and with such Surety or FY992157 Fayetteville Container Maintenance Building 00500 - 2 Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in wnting. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for -: the other,counterpart be deemed an original Contract. ry1.� .* r SEAL: sie -*WITNESSES: ud. 7 yL,, Secretary Janet S. Hec athorn ATTEST: dlerk Approved as to form: HECKATHORN CONSTRUCTION COMPANY, INC. CONT:- �'R /.../".i; - - t Don L. Heckathorn President 9.4 Title CITY OF FAYETTEVILLE, ARKANSAS OWNER By Attorney for Owner Mayor Fred Hanna FY992157 Fayetteville Container Maintenance Building 00500 - 3 City of Fayetteville, Arkansas Budget Adjustment Form • EXHIBIT B Budget Year 2000 Department: Division: Program: Project or Item Requested: Public Works Solid Waste Recycling To increase the Container Maintenance Building capital project by $19,492. Date Requested March 2, 2000 Project or Item Deleted: Adjustment # $19,492 from the Use of Fund Balance Account. Justification of this Increase: The additional funding is to cover possible contingency expenses associated with the construction of this project. Justification of this Decrease: Sufficient funding remains in the Solid Waste fund to comply with City policy. Increase Expense (Decrease Revenue) Account Name Amount Building Costs 19,492 Account Number 5500 5060 Project Number 5804 00 99079 1 Decrease Expense (Increase Revenue) Account Name Amount USE OF FUND BALANCE 19,492 Account Number 5500 0950 4999 99 Project Number Approval Signatures Date /tel Zo00 Date Admin,,$ervices Director Mat Type: A Date of Approval Budget Office Use Only B C Date Date 3/ AI Date Posted to General Ledger Posted to Project Accounting Entered in Category Log Blue Copy: Budget & Research / Yellow Copy: Requester E C:'DATA\FORMSBA-ADABADJF390.WK4 i MttCONSWINN G D ENGINEERS, INC. I DESIGNED TO SERVE I • P.O. Box 1229 Fayetteville, Arkansas 72702-1229 501-443-2377 FAX 501-443-9241 March 01, 2000 FY992157 Ms. Peggy Vice Purchasing Agent City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 RE• Bid Number 2000-24 Container Maintenance Building Solid Waste Department Dear Ms. Vice: The certified bid tabulation for the Container Maintenance Building at the Compost Facility is attached. The apparent low bidder was Heckathorn Construction Company of Fayetteville. The bid form appears to be in order. Receipt of the addendum was acknowledged the subcontractors were listed along with their contractor's license numbers, the bid was signed and sealed; and the bid form was filled out, signed, sealed and the power of attorney was attached. A check was made with the Arkansas Contractor's Licensing Board through their intemet site. It revealed that Heckathorn's license is current and the license number submitted on the bid (23780400) is valid. A check was made with the references given by Heckathorn on the bid form All three references given were contacted by phone. The principal individuals responsible for administering the contraction contracts performed for them by Heckathorn all stated that they did a fine job and they were satisfied with the work done. Based on the above, we see no reason why this bid should not be accepted and the contract awarded accordingly. r 26-7 • March 01, 2000 Ms. Peggy Vice • We are returning herewith all the original bids submitted and are including an award form prepared for the City's consideration. We await your decision and further instructions. Sincerely, FRED SCHLEG L, P. E. Project Manager Enclosure: Bid Tabulation Award Notice Page 2 of 2 • • CERTIFIED BID TABULATION CONTAINER MAINTENANCE BUILDING FAYETTEVILLE, ARKANSAS BID NUMBER 2000-24 McCLELLAND CONSULTING ENGINEERS, INC. PROJECT NO. FY992157 BID DATE: FEBRUARY 29, 2000 1:30 p.m. (Snip. i7/.CAT. BIDDER TOTAL LUMP.SUM BASE BID Trench and_Excavation Safety System (included in the lump sum base bid) 1 HECKATHORN CONSTRUCTION CO. Fayetteville, AR 23780400 $190,863.00 $700.00 2 BRANCO ENTERPRISES, INC. Neosho, MO 28640400 $203,000.00 $500.00 3 J. M. HOOKER CONSTRUCTION, INC. Fayetteville, AR 59060400 $207,400.00 $1,200.00 4 NEAL HEFNER CONSTRUCTION, INC. Springdale, AR 12630400 $229,244.00 $500.00 5 BUILDINGS, INC. Springdale, AR 28740300 $274,608.00 $500.00 ENGINEER'S ESTIMATE $197,500.00 Bids Certified by 43' 4 � "e Date 3//�db Fred Schlegel, P E #5477 McCLELLAND CONSULTING ENGINEERS, INC. Fayetteville, AR ``\U11191111py rvpT E Of 9GS �: MCCLELLAND V' CONSULTING ENGINEERS, Inc. Na. 24 :'e ,,�grysq S _ ENG\ �e6wwwe�� #fie pTE f G/ ARtSAS � ;4NRT €HS'TEt6Ek� \� paaGEFIESSliONAL 7F `� No.5477 c``'1et4 \# kJ. sC " • DOCUMENT 00300 BID FORM LUMP SUM NOTE TO BIDDER: Please use BLACK ink for completing this Bid form. To: City of Fayetteville Address: City Admnustratton Building 113 W. Mountain Street Fayetteville, AR 72701 Project Title: Container Maintenance Building, Fayetteville, Arkansas Engineers ProjectNo.: FY992157 Date: Bidder: Address: February 29, 2000 Arkansas Contractor's License No.: 0023780400 Heckathorn Construction Company, Inc. 1880 Birch Avenue; Fayetteville, Arkansas 72703 Bidder's person to contact for additional information on this Bid: Name: David Hansen Telephone. 501/442-5386 ADDENDA The Bidder hereby acknowledges that he has received Addenda Numbers: No. 1; 2/22/00 to these Specifications. (Bidder insert No. of each Addendum received.) FY992157 Fayetteville Container Maintenance Building 00300 - 1 • • BIDDER'S DECLARATION AND UNDERSTANDING The undersigned, hereinafter called the Bidder, declares that the only persons or parties interested in this Bid are those named herein, that this Bid is, m all respects, fair and without fraud, that it is made without collusion with any official of the Owner, and that the Bid is made without any connection or collusion with any person submitting another Bid on this Contract. The Bidder further declares that he has carefully examined the Contract Documents for the construction of the project, that he has personally inspected the site, that he has satisfied himself as to the quantities involved, including matenals and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this Bid is made according to the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Bid. The Bidder further agrees that he has exercised his own judgment and has utilized all data which he believes pertinent from the Engineer, Owner, and other sources in arriving at his own conclusions. The Bidder states that he has experience in and is qualified to perforin the work herein specified and, if he does not have craftsmen experienced and qualified m any phase of the work for which this Bid is offered, that he will subcontract the work under said phase to a contractor who does have the necessa-y experience and qualifications. CONTRACT EXECUTION AND BONDS The Bidder agrees that if this Bid is accepted, he will, within 15 days after notice of award, sign the Contract in the form annexed hereto, and will at that time, deliver to the Owner the Performance Bond and Payment Bond required herein, and will, to the extent of his Bid, furnish all machinery, tools, apparatus, and other means of construction and do the work and famish all the materials necessary to complete all work as specified or indicated in the Contract Documents. CERTIFICATES OF INSURANCE, PAYMENT BOND, AND PERFORMANCE BOND The Bidder further agrees to furnish the Owner, before executing the Contract, the certificates of insurance, Payment Bond, and Performance Bond as specified in these Documents. START OF CONSTRUCTION, CONTRACT COMPLETION TIME, AND LIQUIDATED DAMAGES Start of Construction, Contract Completion Time, and Liquidated Damages are stated in Document 00500 - Contract. SALES AND USE TAXES The Bidder agrees that all federal, state, and local sales and use taxes are included in the stated bid prices for the work. FY992157 Fayetteville Container Maintenance Building 00300 - 2 LUMP SUM BASE BID 1 In the space below write in the bid based upon the full scope of work as shown on the Drawings and Specification for the materials, labor, erection, and other required work. Total Lump Sum Base Bid: Opts huncLA r,+r L4housamJ n4.1.4%040(4 Dollars ($ 190, 863, ) (Amount written in words ha. precedence) '51.11S. +tat. dell kW � Trench and Excavation Safety System, Required by Act 291 of 1993. The Bidder agrees that the following amount is included in the above stated Lump Sum Base Bid. St'.0.2m_ f L ^ I 3Ilast) Dollars ($ r%�� (Amount written in words has precedence) BASIS OF AWARD The Bidder understands that the contract will be awarded to the bidder with the lowest Total Lump Sum Base Bid. PAYMENT SCHEDULE A detailed payment schedule for each structure or unit shall be submitted by the successful low Bidder. The successful low Bidder shall meet with the Engineer and Owner in Fayetteville, Arkansas, to review the format and details of the payment schedule. This meeting shall be held within 5 days of notification that the Contractor is the low Bidder. The purpose of the meeting shall be to establish an acceptable format for the payment schedule. The detailed payment schedule shall be completed by the Contractor 14 days after the meeting and submitted to the Engineer and Owner for review and approval The detailed payment schedule shall include as a minimum a separate line item for the concrete floor surface hardener as specified in Section 03351. Failure of the Contractor to submit the payment schedule as required may result in the Owner's rejection of the Bid or delay in processing the Contractor's request for a progress payment. SUBCONTRACTORS The Bidder further certifies that proposals from the following subcontractors were used in the preparation of this Bid; and if awarded a contract, Bidder agrees to not enter into contracts with others for these divisions of the Work without written approval from the Owner and Engineer. FY992157 Fayetteville Container Maintenance Building 00300 - 3 'pX (1ricai nezua ROOFING i?reeit-jpn • • 1 1 Arkansas Contractor License # 000 858 0300 1 1 1 1 SUBCONTRACTOR W )-Share, Inc.. Name W i n, ble (..,„,b4 Street Address, City, State, Zip Code PLUMBING SUBCONTRACTOR Arkansas Contractor License # DO LAD a s 'Do abscol .' I urnb. t ) ne Name 7975g SUBCONTRACTORS - CONTINUED ON BACK SIDE 1 tx 2-)t.g Sp1 _ qR 7 7G Street Address, City, State, Zip Code RFORMANCE OF WORK BY CONTRACTOR DELETED BY ADDENDUM 1 , ITEM 2 The Bid INSTRUCTIO shall perform at least 40 percent of the work with his own forces (r- r to Paragraph 23, TO BIDDERS. Bids from so-called "Brokerage Contractors" will .t be considered.) List below the items that - Bidder will perform with his own forces, if blank showing the estimated to a, ost of these items. arded this Contract, and fill in the Estimated total c of the above items the Bidder states that will be performed with 'i own forces, if awarded Contract: Dollars ($ FY992157 Fayetteville Container Maintenance Building 00300 - 4 1 1 1 1 1 1 1 1 1 1 • SUBCONTRACTORS - CONTINUED HVAC SUBCONTRACTOR Arkansas Contractor License # c0753704100 cus �crn�. Qi rc ,'Db Q k . 'pony Name i .,ri Zo¢ 3W -ii Faye'40.);16 1.79 714 Street Address,City,State,Zip Code ELECTRICAL SUBCONTRACTOR Arkansas Contractor License # 00 468.76)L/10(). i -/a ELQ41- c, , Inc. Name soLts nor* CIL, , yrni318b', oyeiltbilla 4R ?a7o3 Street Address,City,State, ip Code EXPERIENCE OF BIDDER • • • The Bidder states that he is an experienced Contractor and has completed sinular projects within the last 5 years. (List similar projects, with types, names of clients, construction costs, and references with telephone numbers Use additional sheets if necessary.) Northwest Technical Institute -Springdale Cost: $348,034 Ammonia Refrigeration Technology Training Center Contact- Roger Becker; 501/751-8824 Arkansas Western Gas Fayetteville Area Service Center VA Medical Center -Fayetteville Incinerator/Auto Clave Sterilizer Building Cost: $687,983 Contact: Jack Miller; 501/582-8540 Cost: $793,115 Contact: Donna Lenz; 501/444-5035 SURETY If the Bidder is awarded a construction Contract on this Bid, the Surety who provides the Performance and Payment Bond will be: National Fire Insurance of Hartford CNA Plaza; Chicago, IL 60685 Street, City, State, Zip Code whose address is INSURANCE The Bidder acknowledges that he is familiar with the insurance requirements on this Project and, if awarded a construction contract, agrees to furnish the required insurance certificates within fifteen (15) days of the date the award is made. BIDDER The name of the Bidder submitting this Bid is: HECKATHORN CONSTRUCTION COMPANY, INC. 1880 Birch Avenue; Fayetteville, Arkansas 72703 doing business at Street, City, State, Zip Code which is the address to which all communications concerned with this Bid and with the Contract shall be sent. The names of the principal officers of the corporation submitting this Bid, or of the partnership, or of all persons interested in this Bid as principals are as follows: Don L. Heckathorn, President David C. Hansen, Vice President FY992157 Fayetteville Container Maintenance Building Janet -:S. Heckathorn, Secretary 00300-5 If Sole Proprietor or Partnership • • IN WITNESS hereto the undersigned has set his (its) hand this _ day of , 19 . If Corporation Signature of Bidder IN WITNESS WHEREOF the undersigned corporation has caused this instrument to be executed and its.seal affixed by its duly authorized officers this 29thday of February , it 2000. (SEAL)' e ' -; la '. IF N n� HECKATHORN CONSTRUCTION COMPANY, INC. Name of Caroorati By// Don L. Heckathorn Title President Attest d14»/N/ N-� ete/1-41--71,-) Secretary anet S. Heckathorn FY992157 Fayetteville Container Maintenance Building 00300 - 6. Title • • POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Knight Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr., William R. Plegge, William H. Griffin, Judy Schoggen, Sheilla J. Smith, Individually of Little Rock, Arkansas their true and lawful Attomey(s)-in-Fact with hill power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 31st day of August 1999 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA agi letteghte, Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss. On this 31st day of August , 1999 , before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. : "OFFICIAL SEAL- : DIANE FAULKNER • Notary Publish Staffs of Minnie 2 My Commfaion Expires 9/17/01 My Commission Expires September 17, 2001 CERTIFICATE Diane Faulkner Notary Public I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 29th day of February 2000 • CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA a Mary A. Ribikawskis Assistant Secretary 1�uthorizing By -Laws and Resolution ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attorney -in -Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney -in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -in -Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following. Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993 w" • •- • S "RESOLVED: That the signature of the President, an Executive Vice President or-anny y Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Sec[et`ary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate -Bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." .er-.1" f • • DOCUMENT 00350 • BID BOND STATE OF ARKANSAS KNOW ALL MEN BY THESE PRESENTS, that we: Heckathorn Construction Co., Inc. • Principal and Contractor, and National Fire Insurance Company of Hartford hereinafter called Surety, are held and firmly bound unto the City of Fayetteville, Arkansas and represented by its Mayor and City Council, hereinafter called Owner, in the sum of Five Percent of Amount of Rid DOLLARS ($ SZ of Ri ri lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the Principal contemplates submitting or has submitted a bid to the Owner for the furnishing of all labor, materials (except those to be specifically furnished by the Owner), equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the Bid and the detailed Drawings and Specifications, entitled: Container Maintenance Building Fayetteville, Arkansas WHEREAS, it was a condition precedent to the submission of said bid that a cashier's check, certified check, or bid bond in the amount of 5 percent of the base bid be submitted with said bid as a guarantee that the Bidder would, if awarded the Contract, enter into a written Contract with the Owner for the performance of said Contract within 15 consecutive calendar days after written notice having been given of the award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within 15 consecutive calendar days after written notice of such acceptance enters into a written Contract with the Owner and furnishes a Contract Surety Bond in an amount equal to 100 percent of the base bid, satisfactory to the Owner, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the Owner and the Surety herein agrees to pay said sum immediately upon demand of the Owner in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. FY992157 Fayetteville Container Maintenance Building 00350 - 1 • • IN WITNESS WHEREOF, the said Heckathorn Construction Co. ,Inc. , as Principal herein, Has caused these presents to be signed in its name by its President attested by its Secretary under its corporate National Fire Insurance Company of Hartford these presents to be signed in its name by its Attorney -in -Fact and seal, and the said as Surety herein, has caused under its corporate seal, this 29th day of February Signed, sealed and delivered in the presence of: t tart cretar y As to Pnncipal Janet S. Heckathorn Surety PO..V10-tetc) As to Surety A.D., 2000. Heckathorn Construction Co., Inc. Fayet Principal -Contractor Ar CN:" • n L President ecka horn ./C `0 Si CJ i /J ?i /9 /I National Fire Hartford Title . _ Tnsurance Company of: Attorney -in -Fact (Power -of -A'6` mey to be Attached) William H. Griffin r By A William H. Griffin, Resident A FY992157 Fayetteville Container Maintenance Building 00350 - 2