HomeMy WebLinkAbout155-02 RESOLUTIONRESOLUTION NO. 155-02
A RESOLUTION TO APPROVE A CONSTRUCTION CONTRACT
IN THE AMOUNT OF $1,090,270.00, PLUS A PROJECT CONTINGENCY
OF $109,027.00 WITH TOWNSHIP BUILDERS, INC. FOR THE
CLEVELAND STREET IMPROVEMENTS PROJECT AND APPROVAL
OF A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves the construction contract attached as Exhibit A with Township
Builders, Inc. in the amount of $1,090,270.00, plus a project contingency of
$109,027.00 for the Cleveland Street Improvements Project.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a budget adjustment in the amount of $532,181.00 attached as
Exhibit B to fund this project
PASSED and APPROVED this 15th day of October, 2002.
ATTEST:
By:
/ice
IE{eather Woodruff, City C e k
APPROVED:
By: /1 ./_/'%
DAN COODY, Mayopr
i
NAME OF FILE:
CROSS REFERENCE.
Item #
Date
Resolution No.155-02
Document
1
10/15/02
Resolution # 155-02
2
09/30/02
Staff Review Form
3
11/01/02
Contract
4
11/01/02
Performance Bond
5
11/01/02
Payment Bond
6
11/25/02
Budget adjustment
7
12/09/02
Memo from Heather Woodruff, City Clerk to Sid Norbash,
Engineering
NOTES:
STAFF REVIEW FORM
___ AGENDA REQUEST
____ CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of October 15, 2002
FROM:
Sid Norbash ►�/Engineering Public Works
Name Division Department
ACTION REQUIRED: Approval of:
(1)The construction contract in the amount of $1,090,270.00, with Township
Builders, Inc. for Cleveland Street Improvements Project (Hall to Leverett).
(2)A 10% Project Contingency in the amount of $109,027.00
(3) The related budget adjustment.
This is a CIP project scheduled for 2002 construction.
COST TO CITY:
$1.299,297.00
$768,339 Cleveland St. Improvements
_Cost of this Request Category/Project Budget Category/Project
Name
4470-9470-5809-00
Account Number
01011-20
Project Number
$14,269 Capital Street Imprvts.
Funds Used To Date Program Name
$754,070 Sales Tax
Remaining Balance Fund
B_ T/ X Budgeted Item X Budget Adjustment Attached
BudgetCoord' ator Administrative Services Director
CO/ L:• T/GR T E REVIEW �= GRANTING AGENCY:
o ng_Manag� at•2 02 A� CoordinatorDace
qUifor
City Att rney Date Internal Audi r Date
Purchasing Officer
Date
STAFF RECOMMENDATION: Approval of the contract, contingency, and the related
budget adjustment.
D
�roonf)'ea j/
De
rtmement Director
ay Z9•a2
Date
q 27-0Z
dministrative Services Director
Mayor
Date
9- 2'I -o2
Date
Cross Reference
New Item: Yesj No
Prev Ord/Res #:
Orig Contract Date:
Orig Contract
Staff Review Form
Description/ Cleveland Street Impvts. Meeting Date 10-15-2002
Project Name Construction Contract
Comments: Reference Comments:
Budget Director
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
FAYETTEVIL4,E
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Fayetteville City Council
Thru: Dan Coody, Mayor
Greg Boettcher, PWD
Jim Beavers, City Engineer
From: Sid Norbash, Staff Engin&er
Date: September 26, 2002
Re: Cleveland Street Improvements (Hall to Leverett)
Award of Construction Contract
Background:
The above referenced project is a Capital Improvement Project which
is scheduled for construction in 2002, as part of City's Streets
Capital Improvement Program.
Scope:
The existing Cleveland Street will be improved with the
installation of curb and gutter, drainage system and street
reconstruction.
The limits of this project are Hall Ave. And Leverett, for a
distance of 2000 feet.
Status:
Crafton,Tull & Associates, Inc. has designed this project. There
were seven plan holders, and four contractors responded with
official bids. Bids were received on September 25, 2002„ and the
results are as follows:
Contractor
Total Bid
Township Builders, Inc.
Jerry D. Sweetser, Inc.
Mobley Contractors, Inc.
APAC-Arkansas, Inc.
Engineer's Estimate
For additional information please
tabulation sheet.
$1,090,270.00
$1,099,429.50
$1,237,966.89
$1,433,868.40
$1,065,040.35
refer to the attached
bid
• •
City Council
Page 2
Recommendations:
Crafton, Tull & Associates has recommended to award the bid to the
low bidder Township.
Staff is requesting the following approvals:
(1) Award of the contract to Township Builders, Inc. In the amount
of $1,090,270.00.
(2) A project contingency in the amount of $109,027.00
(3) Approval of the related budget adjustment.
Funding:
The CIP funding for this project uses Sales Tax fund. The project
has had an overall funding of $768,339, and to date land
acquisitions and Engineering and other expenses have been charged
to this project; resulting a balance of $754,070, necessitating the
attached budget adjustment.
SN/sn
attachments: Vicinity Map
Copy of Contract
Budget Adjustment
Bid Tabulation
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CONTRACT
THIS AGREEMENT, made and entered into the 15th day of October
9t,y,QQ?, by and between the City of Fayetteville, County of
Washington, State of Arkansas, Party of the First Part, hereinafter
called the Owner, and Township Builders, Inc.
of the City of Little Rock, Arkansas
the Second Part, hereinafter called the Contractor. Party of
WITNESSETH THAT:
MN -
WHEREAS, the Owner has called for bids for
Cleveland Street Improvements
as setout in the Plans and Specifications and approved by the City
of Fayetteville, Arkansas; and
WHEREAS, pursuant to the published calls for bids under said Plans
and Specifications, the Contractor is the lowest and best qualified
bidder for the construction of said Improvements
NOW THEREFORE, the Contractor agrees with the Owner to commence and
complete the construction of. Cleveland Street
Bid No. 02-15 which shall be the 'portion of Cleveland Street
between Hall and Leverett in
Fayetteville, Arkansas; including all Work required for a
complete and acceptable installation, for the unit and lump sum
prices bid in the Bid Proposal, all of which become and are a part
of this Contract, the total sum thus being
One Million Ninety Thousand Two Hundred Seventy and 00/100
dollars ($1,090,270.00), such sum being the agreed amount upon which
bonds and liabilities are based, and at his own cost• andexpense
furnish all materials, supplies, labor, machinery, equipment,'
tools, supervision, bonds, insurance and other -accessories and
services necessary to complete the said construction in accordance
with the conditions and prices stated in the Bid attached hereto
and made a part hereof, and in accordance with the Technical
Specifications„ the General Conditions; the Supplementary.
Conditions, and in accordance with the Plans, which include all
maps, plats, blueprints, and other drawings, and written or printed
explanatory matter thereof.
The Contractor agrees to commence work under this contract within
ten days of the issuance of the Notice to Proceed and totally
complete all work within Three Hundred (300) calendar days.
CD -32 Copyright ® 2002
Crafton Tull & Associates, Inc.
The Owner agrees to pay the Contractor in current funds for the
performance of the contract in accordance with the accepted Bid
therefor, subject to additions and deductions, as provided in the
Specifications, and to make payment on account thereof as provided
below.
As soon as is practicable afterthe first of each calendar month,
and in accordance with the Contract Specifications, the Owner will
make partial payments to the Contractor for work performed during
the preceding calendar month, based upon the Engineer's estimate of
work completed, said estimate being certified by the Contractor and
accepted by the Owner. Retainage shall •be withheld from the
partial payments as provided by Arkansas state laws by the Owner
until final completion and acceptance by the Owner and Engineer.
The Engineer shall then issue a Final Estimate of work done based.
upon the original contract and subsequent changes made and agreed
upon, it any.
Time is hereby expressly declared to be of the essence of this
contract, and the time of beginning, manner of progress and time of
completion of the work hereunder shall be and are. essential
conditions hereof.
The Contractor agrees to .commence work within ten (10) calendar
days from the date of the Notice to Proceed and to proceed with the
\ construction of the work and to prosecute the work with an adequate
force and in a'manner so as to complete the work within the time
stipulated herein. If the Contractor fails in completing the.
contract within the time stipulated herein, the Contractor agrees
• to pay the Owner, as liquidated damages the sum, of five hundred
dollars ($500.00) per day for each calendar day of delay in
completion, said amounts being fixed and agreed upon by and between
the parties hereto. Because_of the impracticability and extreme
difficulty in' fixing and ascertaining the actual damages Owner
would in such event sustain, said amounts are to be presumed by the
parties•to this contract to be the amounts of.damage Owner would
sustain. Said amounts of liquidated damages shall be deductible
from any amount due Contractor under the Final Estimate of said
work, after the completion thereof, and Contractor shall be
entitled any to, the Final Estimate less such amounts of liquidated
damages.
If the Contractor be delayed at any time in the progress of the
work by any act or neglect of the Owner orof the Owner's
employees, or by any other. Contractor employed by the Owner, or by
changes ordered in the work, or by strikes, lockouts, fire, unusual
delay in transportation, unavoidable casualties or any causes
beyond the Contractor's control, or by delay .authorized by the
CD -33
Copyright ® 2002
Crafton Tull & Associates, Inc.
Engineer pending arbitration, or by any cause which the Engineer
1 shall decide to justify the delay, then the time of completion
shall be extended for such reasonable time as the Engineer may
decide.
No such extension shall be made for
days before claim therefor is made
the case of a continuing cause
necessary.
delay occurring more than seven
in writing to the Engineer. In
for delay, only one claim is
In the event the Contractor abandons the work hereunder or fails,
neglects or refuses to continue 'the work after ten (10) days
written notice, given Contractor by the Owner or by the Engineer,
then the Owner shall have the option of 1) declaring this contract
at an end, in which event the Owner shall not be liable to the
Contractor for any work theretofore performed, or 2) requiring the
surety hereto,:upon ten (10) days notice, to complete and carry out
the contract of Contractor; and in that event, should be surety
fail, neglect or refuse to carry out said contract, 3) said Owner
may complete the contract as its own expense and maintain an action
against the Contractor and the surety hereto for the actual cost of
same, together with any damages or other expense sustained or
incurred by Owner in completing this contract, less :the total
amount provided for hereunder to be paid Contractorupon the
completion of this contract.
This contract shall be binding upon the heirs, representatives,
successors or assigns of the parties hereto, including the surety.
IN WITNESS WHEREOF, the Owner and Contractor have hereto set their
hands and seals, respectively.
Witnesses*
•
Firm Name
By
:*If corporation,. secretary should attest.
Attest:
CITY OF FAYETTEVILLE, ARKANSAS
Dan Coody, Mayor
CD -34
Copyright C 2002
Crafton Tull & Associates, Inc.
•
Ge Gftn, &A, .
P.O. Boxra549 oRogersTull, AR 72757 479.636.48ssociates38 Fax 479.631.6224 wIncww.crattull.com
September 25, 2002
Mr. Sid Norbash P E
City of Fayetteville Engineering
125 W. Mountain
Fayetteville, AR 72701
RE: Cleveland Street Improvements
CTA No. 98073.01
Dear Sid,
Bids received during the September 25, 2002 bid opening for the above referenced project are
listed below. The bids were tabulated by our staff and were all found to be correct. A copy of
the tabulation is attached for your use.
Township Builders, Inc.
Sweetser Construction
Mobley Contractors, Inc.
APAC-Arkansas Inc
Engineer's Estimate
TOTAL BID
$1,090,270.00
$1,099,429.50
$1,237,966.89
$1,433,868.40
$1,065,040.35
We recommend acceptance of the low bid of $1,090,270.00 given by Township Builders, Inc. If
you have any questions prior to the City Council Meeting, please call us at your convenience.
Sincerely,
CRAFTON, TULL & ASSOCIATES, INC.
a-
Bill
Burnett, P.E.
Enclosure (1)
F:VOBFILES\98073-0IkconsfCort\Bid Recommendation.doc
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DESCRIPTION OF
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Engineer Estimate
$2,520.00
$3,000.00
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532,725.00
$38,970.00
$10,350.00
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$31,794.00
$37,152.00
$113,220.00
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541,568.00
$12,190.00
$31,191.00
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545,408.00
5128,520.00
$1,400.00
$92,300.00
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CONTRACT
THIS AGREEMENT, made and entered into the t day of NoVQ.vn'w r
2002 , by and between the City of Fayetteville, County of Washington,
State of Arkansas, Party of the First Part, hereinafter called the
Owner, and Township Builders, Inc.
of the City of Little Rock, Arkansas , Party of
the Second Part, hereinafter called the Contractor.
WITNESSETH THAT:
WHEREAS, the Owner has called for bids for the' construction of
Cleveland Street Improvements (Hall Ave. to Leverett)
as set out in the P ans and Specifications and approved by the City of
Fayetteville, Arkansas; and
WHEREAS, pursuant to the published calls for bids under said Plans and
Specifications, the Contractor is the lowest and best qualified bidder
for the construction of said Improvements;
NOW, THEREFORE, the Contractor agrees with the Owner to commence and
complete the construction of: the construction of Cleveland Street
Improvements (Hall Ave. to Leverett)
Bid No. which shall be the
•
Fayetteville, Arkansas; including all Work required for a complete and
acceptable installation, for the unit and lump sum prices bid in the
Bid Proposal, all of which become and are a part of this Contract, the
total sum thus being.
ONE MILLION NINETY THOUSAND TWO HUNDRED SEVENTY DOLLARS AND NO CENTS
dollars($1,090,270.00), such sum being the agreed amount upon which
bonds 'and liabilities are based, and at his own cost and expense
furnish all materials, supplies, labor, machinery, equipment, tools,
supervision, bonds, insurance and other accessories and services
necessary to complete the said construction in accordance with the
conditions and prices stated in the Bid attached.hereto and made a
part hereof; and in accordance with the Technical Specifications, the
General Conditions, the Supplementary Conditions, and in accordance
with the Plans; which include all maps, plats, blueprints, and other
drawings, and written or printed explanatory matter thereof.
The Contractor agrees to commence work under this contract within ten
days of the issuance of the Notice to Proceed and totally complete all
work within Three Hundred (300) calendar days.
CD -32 Copyright O 2002
Crafton Tull & Associates, Inc.
i
i
•
• •
The Owner agrees to pay the Contractor .in current funds for the
performance of the contract in accordance with the accepted Bid
therefor., subject to additions and deductions, as provided in the
Specifications, and to make payment on account thereof as provided
below.
As soon as is practicable after the first of each calendar month, and
in accordance with the Contract Specifications, the Owner will make
partial payments to the Contractor for 'work performed during the
preceding calendar month, based upon the Engineer's estimate of work
completed, said estimate being certified by the Contractor and
accepted by the Owner. Retainage shall be withheld from the partial
payments as provided by Arkansas sate laws by the Owner until final
completion and acceptance by the Owner and Engineer. The Engineer
shall then issue a Final Estimate of work done based upon the original
contract and subsequent changes made and agreed upon, if any.
Time is hereby expressly declared to be of the essence of this
contract, and the timeof beginning, manner of progress and time of
completion of the work hereunder shall be and are essential conditions
hereof.
The Contractor agrees to commence work within ten (10) calendar days
from the date of the Notice to Proceed and to proceed with the
construction of the work and to prosecute the work with an adequate
force and in a manner so as to complete the work within the time
stipulated herein. If the Contractor fails in completing the contract
within the. time stipulated herein, the Contractor 'agrees to pay the
Owner, as liquidated damages the sum of five hundred dollars ($500.00)
per day for each calendar day of delay in completion, said amounts
being fixed and agreed upon by and between the parties hereto..
Because of the impracticability and extreme difficulty in fixing and
ascertaining the actual damages Owner would in such event sustain,
said amounts are to be presumed by the parties to this contract to be
the amounts of damage Owner would sustain. Said amounts of liquidated
damages shall be deductiblefrom any'amount due Contractor under the
Final Estimate of said work, after the completion thereof, and
Contractor shall be entitled any to the Final Estimate less such
amounts of liquidated damages.
If the Contractor be delayed at any time in the progress of the work
by any act or neglect of the Owner or of the Owner's employees, or by
any other Contractor employed by the Owner, or by changes ordered in
the work; or by strikes, lockouts, fire, unusual delay in
transportation,. unavoidable casualties or any causes beyond the
Contractor's control, or by delay authorized by the Engineer pending
CD -33 Copyright O 2002
Crafton Tull & Associates, Inc.
•
•
•
• •
•
arbitration, or by any cause which the Engineer shall decide to
justify the delay, then the time of completion shall be extended for
such reasonable time as the Engineer may decide.
In. the event the Contractor abandons the work hereunder or fails,
neglects or refuses to continue the work after ten (10) days written
notice, given Contractor by the Owner or by the Engineer, then the
Owner shall have the option of 1) declaring this contract at an end,
in which event the Owner shall not be liable to the Contractor for any
work theretofore performed, or 2) requiring the surety hereto, upon
ten (10) days notice, to complete and carry out the contract of
Contractor; and in that event, should be surety fail, neglect or
refuse to carry out said contract, 3) said Owner may complete the
contract at its own expense and maintain an action 'against the
Contractor and the surety hereto for the actual cost of same, together
with any damages or other expense sustained or incurred by Owner in
completing this contract, less the total amount provided for hereunder
to be paid Contractor upon the completion of this contract.
This contract shall be binding upon the heirs, representatives,
successors or assigns of the parties hereto, including the surety.
IN WITNESS WHEREOF, the Owner and Contractor have hereto set their
hands and seals, respectively.
Township Builders, Inc.
Firm Na1w
By
if corporation, secretary should attest.
Attest:
taw
CITY OF FAYETTEVILLE, ARKANSAS
CD -34 Copyright 0 2002
Grafton Tull & Associates, Inc.
/EMCEmpicoersMutual
Home Office •
KNOW ALL MEN
Little Rock, AR
Casualty Company
Des Moines, IowaMisr
PERFORMANCE
BY THESE PRESENTS: That
Bond
BOND
We, Township Builders,
No. S293839
Inc.
(hereinafter called "Principal"), as Principal, and the
organized and existing under the laws of the State
and authorized to transact business in the State
EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation
of Iowa with its principal office in the CITY OF DES MOINES, IOWA,
of Arkansas
as Surety, are held and firmly bound unto
City of Fayetteville
113 West Mountain Street, Fayetteville, AR 72701
(hereinafter
& No/100
called "Obligee"), in the penal sum of
One Million Ninety Thousand Two Hundred Seventy
DOLLARS
payment
and assigns,
SEALED,
WHEREAS,
dated the
Cleveland
($
of
1,090,270.00
), good and lawful money of the United States of America, for the
bind ourselves, our heirs, administrators, executors, successors
presents.
day of N0V9Arnbrn , 20 Q,2 .
which, well and truly
jointly and severalty
with our seals and
the above bounden
1 day of
to be made,
firmly by these
dated
we
Principal has
Not/ film
entered into a certain written
bM , 20 00 , providing
contract with the above named Obligee,
for the construction or supply of,
Street
Improvements
(Hall to Leverett)
which contract is hereby referred to and made a
herein for the purpose of explaining but not of varying
NOW, THEREFORE, THE CONDITION OF THE
Principal shall well and truly keep, do and perform,
contract set forth and specified to be by the said Principal
in said contract specified, and shall pay over, make
damage which said Obligee may sustain by reason
obligation shall be void; otherwise, to be and remain
PROVIDED, HOWEVER, this bond is executed
action shall accrue upon or by reason hereof, to or
herein; and the obligation of the Surety is and shall
WITNESS:
part hereof as fully and to the same extent as if copied at length
or enlarging the obligation.
ABOVE OBLIGATION IS SUCH, That if the above bounden
each and every, all and singular, the matters and things in said
kept, done and performed at the time and in the manner
good and reimburse to the above named Obligee, all loss and
of failure or default on the part of said Principal, then this
in full force and effect.
by the Surety, upon the express condition that no right of
for the use or benefit of any one other than the Obligee named
be construed strictly as one of suretyship only.
Township Builders, Inc.
Principal (Seal)
By. ./// l� 744
ATT ST:
(If Individual or Finn)
/A/1i
.
Emp
yers Mutual Casualty Company
&At
7066(3-02)
(If Corporadon
rpo
Traci Hankins Attomey4n•Fact
r
A/ EMC I Empts Mutual Casualty Compare
Home Office Des Moines, Iowa Bond No. S293839
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That We, Township Builders, Inc.
Little Rock, AR
(hereinafter called "Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation
organized and existing under the laws of the State of Iowa and authorized to transact business in the State of
Arkansas (hereinafter called "Surety"), as Surety, are held and firmly bound unto the
City of Fayetteville
113 West Mountain Street, Fayetteville, AR 72701
(hereinafter called "Obligee'), in the penal sum of One Million Ninety Thousand Two Hundred Seventy &
No/100 DOLLARS, ($ 1,090,270.00 ), good and lawful money of the United
States of America for the payment of which, well and truly to be made, we bind ourselves, our heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these presents
SEALED with our seals and dated this day of MOVpll1'kB1v, , 20 ()a
WHEREAS, the above bounden Principal has entered into a certain written contract with the above named
Obligee, dated the / day of Novi niAaA 120 Az , providing for the
construction or supply of, Cleveland Street Improvements (Hall to Leverett)
Which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, IF the Principal shall promptly make payment to all persons supplying labor and
material in the prosecution of the work provided for in said contract, then this obligation to be void; otherwise to
remain in full force and virtue.
SIGNED and sealed this day of AJO VQ.main , 20 Off .
WITNESS: Township Builders, Inc.
Principal ISeall
444it
(If Individual or Firm)
410 ATTE T: Em ; loyers Mutual Casualty Company
�T�Cc attilotC/ taws ,4 age AA_I�I /1
(Ir corporation) / Traci Hankins A, . - n -Fact
7067(3-02)
THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND - WHITE PAPER • BACK OF THIS DOCUMENT HAS A SIMUL/ WATERMARK - HOLD AT AN ANGLE TO VIEW.
�'EM � Insura ttM. Companies
&s . : V;k• .P.O Bos.7i2 i Des-Moipea,`lowa.50303
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN=FACT
%. O1N'ALLM MEN'BY THESE PRESENTS, that
• 1 ; pigs:Kra Mutual Casuafty;Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation
EMCASCtO Insurance Company, an•lowa Corporation A. 6. EMC Property & Casualty Company, an I wa Corporation
'Un os (ns rgrEta �otynp8n rot&rpvklence, an Iowa Corporation 7;,, The Hamilton Mutual Insurance l ompa an U orpo J rinrd °'
1 il9 CAs'! r'tt
a0 E 4COtinnn.12 A�a``nce C pairY, an Illinois Corporation h 1 r� ;
x �'� • s Overetty as nparryN and collectively as "Companies ; eatlrdoeg, by the presents, make, constitute and"appoint
TIMOTHY P.' FARRELL, CARQLYN HUNTER, MICHAEL D. HALTER; TRACI HANKINS, KEVIN BRUICK, RANDY IRVIN,
ALFRED L WILUAMS, CARLA SUE HOLLIS, MARION THOMPSON, CHARLES M. ALLEN, G. ROBERT.SMITH, DALE E TEMPLE,
INDIVIDUALLY, LITTLE ROCK ARKANSAS
its; tnre and !Shut attoniey-in•faoq with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a
: skitbr nature as Mows 4:v Y . th`akt 3 ever*. .
iN AN;AMOQI MNy�,DT,EXCEEDING TEN MILLION DOLLARS £ - c ($1D,OOQ;ObO og)"�
3* 1 k{• aF b iN _@ a.. ',..rt sa '2;'9Z::(
k`ca itinobtnt eas t,'U�ompany tf�ereby a*'fully and to the same extent as.d guch insirun nta were signedby the duly authorized officers of each Suds Corepanh apd l MY4/
gi isai of sald:ettaiiey orsuant;to_ttie authority hereby given are hereby ratifled'and corifumed^ <.t tfr..R "-" %z
•
•
The authority hereby granted shag expire April 1, 2005 unless sooner revoked.
• AUTHORITY FOR POWER OF ATTORNEY
his Rower meydwediond executed pursuant to and by the autonryo the$(ollrnxing resolution of the Boards of Directors of cad of theCom anies at ,
pta3�ys Sling (f Occompany duly called and held to 19951 , s ; s , q i v
yE'SFQIyElivlh�pi�es�r jer andg9hJ Executive Officer, any Vice President, the Treasurecand the Secretary of Employers Mutu Casualrripapy,shei hav2moviere
andyeiltihhoor044,4Th appaktt ak0»neyS-iM3Ct and authorize the te.execute=on,behaltof. each Company and attach the seal of«therCogyiihareto,ibonQg,�,nd
. • undertaldngs, reoognaanbes, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attomey-indact at any time and revoke .
:. the power end authoritygivento him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the Power-of-attorney issued to thorn,
acute and'deliver on.behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and
r writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company:
unation.aSto the validity Many power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects
40.tediriBeePonkleACOmpeny.,ThelfacsJmile or mechanically repredeced,signature,,of such ofFEer whether made heretofore or hereafter whereverrappearitrg uponn"a
etUt dAcnpy otanis. fir1poweriof�ett1. tan y of the Company, shall be'yai d and bind g upo �tP Cofnpany vtt the same force and affe& asthaegfi rifilutabeixed:
ro?.�3
S 1NHEI EO mpamtes have caused these preserjts toibe gagnedfor each by tt e�rsofcers as shown, and the Co rrategsealszalistir, ip be�,therato'ath ,
y, fisw t S •X .. ' ryes
2002 :::4" •, ,, rt 1A« r - •c•: t* w • tt4x ,&:.
J ffrey S. Birdsley
Assistant Secretary
•
Seals
•.`• 5�p INSUp'•
.q��p, J,POP4 yce,�''••
•
4,otti NQS .1.9, %
Y n:.,,;� . , „ ,.
a11PNK, `%" ,` UR4NC
n'
2
;,P fl co. 0/.4' J: y,Y,t Y,6,,CAS..
2 A%P 0/4.;y 9J•: O4p"VOgge ��
c-•@ 1953 ="
2 J: O,
t ; SEAL .!
Tel SEAL
O
IIWP Nrx O0101
00
aetti
Bruce G. Kelley, Chairman
of Companies 2, 3, 4, 5 & 6'President
of Company 1; Vice Chairman and
.,CEO ofCompany ,7 ....,'
OnOds)st day of #. •=: 'February pyo AD «>a2O02> ce a yand 'ibfolre pte a
•SS ;:o',' f o • S.
Bird 851 y Public
being by me duly swoState of rn Iowa,
say that theyy are and d Nare known to me to be the
"° =:: Chairman, President, Vice Chairman and CEO and/or Assistant Secretary: respectively, of
SEAL o each of The Companies above; that the seals affixed to this instrument are the seals of said
'bf�'401NES p ies
by authorittryy of their tions; that Idrespective nBoards t was i of Directors: and that the ned and seated on behalf osaid Bruce G. Kelf each • Of the ley nand
""'4.
;Jeffre}riS. irdsley, astsucth.offibers, acknowledge the execution rf saidInstlumedt tobsothey,
voluntary act and deed ofeach of the Companies. p a r3 `'s , _ Y 1 u>i; rut;
My Commission E ,xpiires September 30, 2003. `t X -
tom..+,.:✓
RUTA KRUMINS
Commission Number 176255
lay Comm. Exp. Seot. 302003
CERTIFICATE
I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the
pantos and this Power of Agway issued pursuant thereto on February 1. 2002.
ooeitah TIM thy P FArne'� Carolyn Hunter, Michael D Hailer, TracnHarikins =Kevin":Buick, Randy Irvin, Alf e¢,L,VIIiilliams,
ra !Aida" shim full terce and effect. Carla Sue Hollis Manori,Thompsen, Charles M. Allen, G. Robert S ale E TeMple4
In Fes mctif Y'�y}y}.,, f 1 h'a've subscribed my •name and affixed the facsimile heal of each•Companythis _L day of A/n1/u,wt {.'1 WtV*) r
Notary Public in and for the State of Iowa
Vice -President
Form7832 (4.on "For verification of the authenticity of the Power of Attorney you may call (515) 280-2689."
PAYMENT BOND
mow ALL MEN 8Y THESE PRESENTS: that
Township Builders, Inc.
(Name of Contractor)
P.O. Box 7252, Little Rock AR 72217
(Address of Contractor)
a Corporation
(Corporation), (Partnership), or (Individual),
Principal, and
hereinafter called
(Name of Surety)
(Address of Surety)
hereinafter called Surety,. are held and firmly bound unto
City cif Fayetteville, Arkansas
(Name of Owner)
113 W. Mountain Street, Fayetteville, AR 72701
(Address of Owner)
hereinafter called OWNER, in the penal sum of
Dollars, ($ ) in
lawful money of the United States, for payment of which sum well and truly to.
be made, we bind ourselves, and successors, and assigns, jointly and
severally, firmly by these presents.
TBE CONDITION OP THIS OBLIGATION is such that whereas, the Principal entered
into a certain Contract with the Owner, dated the t day of N UIfgxrjacn,
2002 , a copy of which is hereto attached and made a part hereof for the
construction of: Cleveland Street Improvements (Hall Ave. to Leverett)
CD -35 Copyright a 2002
Crafton Tull & Associates, Inc.