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HomeMy WebLinkAbout160-06 RESOLUTIONRESOLUTION NO. 160-06 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH SWEETSER CONSTRUCTION IN THE AMOUNT OF $3,165,079.80 FOR THE VAN ASCHE DRIVE EXTENSION PROJECT; APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $158,254.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $2,173,496.00. 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 a Construction Contract with Sweetser Construction in the amount of $3,165,079.80 for the Van Asche Drive Extension Project. A copy of the Contract, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a project contingency in the amount of $158,254.00. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a Budget Adjustment in the amount of $2,173,496.00. PASSED and APPROVED this 19th day of September, 2006. APPROVED: ATTEST: „pv"'nrrry� �.�`G�F RK/TR�' ,� , 'r -,\S Y OF SGS : ' :FAYETTEVILLE: '_ t. '� By: //,i✓ ���/.' , By: .9sy:'kANSP'J? D • _ COODY, May SONDRA SMITH, City Clerk '%,;Na7o; C., %%%%% 'unuuuha`` • �z E L L, DOCUMENT 00500 - AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: VAN ASCHE DRIVE EXTENSION GREGG AVENUE TO Contract No.: STEELE BOULEVARD THIS AGREEMENT is dated as of the day of &film bgr in the year 2004 by and between The City of Fayetteville, Arkansas and Sweetser Construction, Inc.(hereinafter called Contractor). ARTICLE 1 - WORK 1.01 Contractor shall compete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to, the construction of approximately 2077 if of new roadway of varying widths from a contiguous widening to four and five lane sections with boulevard, storm drainage, channel work, reinforced concrete box culvert, three span steel and concrete bridge, water line improvements and other Work as indicated on the Plans and as specified. ARTICLE 2 - ENGINEER 2.01 The Project has been designed by Garver Engineers, LLC, who is hereinafter called Engineer. The Engineer assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 00500 -Agreement rev.doc • 00500 — 1 0596-1000 DOCUMENT 00500 — AGREEMENT (continued) 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: The Work will be Substantially Completed within 270 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within 300 calendar days after the date when the Contract Times commence to run. 3.03 LIOUIDATED DAMAGES: Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The. CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal (BID FORM) which is hereto 00500 -Agreement rev.doc 00500 — 2 0596-1000 DOCUMENT 00500 — AGREEMENT (continued) attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS RETAINAGE: • The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. 00500 -Agreement rev.doc 00500 — 3 05964000 DOCUMENT 00500 — AGREEMENT (continued) a. 90% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City ofFayetteville and Engineer, The City of . Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently I, remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion r.: will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 2. Upon Substantial Completion, The City of Fayetteville shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. 00500-Agreementrev.doc 00500 — 4 0596-1000 s u �Y [: L' L4 11 DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor ackriowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of 00500 -Agreement rev.doc 00500 — 5 . 0596-1000 DOCUMENT 00500 — AGREEMENT (continued) • the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. • H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the 00500 -Agreement rev.doc 00500 — 6 0596-1000 2 -y r c DOCUMENT 00500 — AGREEMENT (continued) following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: 1 VAN ASCHE DRIVE EXTENSION GREGG AVENUE TO STEELE BOULEVARD 8. Addenda numbers one (1) to three (3), inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. 00500 -Agreement rev.doc 00500 — 7 0596-1000 DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 8- MISCELLANEOUS 8.01 TERMS: Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in.any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 00500 -Agreement rev.doc 00500— 8 0596-1000 DOCUMENT 00500 — AGREEMENT (continued) OTHER PROVISIONS: Not Applicable ( IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement !; O- gn gr in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two rcounterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or t identified by Engineer on their behalf. •3 0 t: �t 11 1] This Agreement will be effective on Effective Date of the Agreement. `,,tri, 6.c4e- l°t , 2006, which is the CONTRACTOR eNEETsER coNsTRucrogrkCITY OF FAYETTEVILLE 13y: Title: PRESIDENT (SEAL) Q Attest (i�.�/,,,,h,r\ `- 4Lt J Address for giving nsEes • 00500 -Agreement rev.doc By: Title: Attest (SEAL) ..``.ERK/TR'..,, • r� • •r E ; FAYETTEVILLE; Address for giving notices 00500 — 9 0596-1000 DOCUMENT 00500 — AGREEMENT (continued) License No. ARKANSAS CONTHACTOFI LICEN3E # 0027470407 Agent for Service of process (If Contractor is a corporation, attach evidence of authority to sign.) END OF DOCUMENT 00500 • 00500 -Agreement rev.doc (attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) Approved As to Fo By:, L Attorney For: 00500 —10 0596-1000 PERFORMANCE BOND (Public Work) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No.: 104530883 KNOW ALL BY THESE PRESENTS, That we, Sweetser Construction Inc., as Principal, and Travelers Casualty and Surety Company of America, a Connecticut corporation, as Surety, are held and firmly bound unto City of Fayetteville, AR, as Obligee, in the sum of Three Million One Hundred Sixty Five Thousand Seventy Nine and 80/100 Dollars ($3,165,079.80) for the payment whereof said Principal and Surety bind themselves jointly and severally, as provided herein. WHEREAS Principal has entered into a contract with Obligee dated "I 1161 i 6 for furnishing all labor and material for Van Asche Drive Extension -Gregg Avenue to Steele Boulevard, Fayetteville, AR Bid No. 06-46 ("Contract"). NOW, THEREFORE the condition of this obligation is such that if Principal shall perform the Construction Work to be done under the Contract, then this obligation shall be null and void; otherwise to remain in full force and effect. Surety's obligations hereunder shall not arise unless Principal is in default under the Contract for failing to perform the Construction Work, and has been declared by Obligee to be in default under the Contract for failing to perform the Construction Work; and Obligee has performed its obligations under the Contract. In such event, Surety shall have a reasonable period of time to: 1. Upon entering into an acceptable written takeover agreement with Obligee, undertake to perform and complete the Construction Work to be done under the Contract; or 2. Obtain bids or negotiated proposals from qualified contractors for a contract for completion of the Construction Work to be done under the Contract, arrange for a contract to be prepared for execution by Obligee and contractor, to be secured with performance and payment bonds executed by a qualified surety; or 3. Waive its right to perform or complete the Construction Work pursuant to paragraphs 1 and 2 above, and with reasonable promptness under the circumstances: (a) After investigation, determine the amount for which it may be liable to the Obligee and, as soon as practicable after the amount is determined, tender payment therefor to the Obligee; or (b) Deny liability in whole or in part and notify the Obligee citing reasons therefor. • 4. The Contract balance, as defined below, shall be credited against the reasonable construction cost of completing the Construction Work to be performed under the Contract. If completed by Obligee pursuant to paragraphs 2 or 3 above, and the reasonable construction cost exceeds the Contract balance, Surety shall pay to Obligee such excess, but in no event shall the aggregate liability of Surety exceed the amount of this bond. If Surety completes the Construction Work pursuant to paragraph 1 above, that portion of the Contract balance as may be required to complete the Construction Work to be done under the Contract and to reimburse Surety for its outlays shall be paid to Surety at the times and in the manner as said sums would have been payable to Principal had there been no default under the Contract; provided, however, that to the extent that Surety's outlays exceed the Contract balance paid to Surety by Obligee, Surety shall be entitled to a dollar for dollar reduction of its liability under this bond, and Surety's aggregate liability shall not exceed the penal sum of this bond. The term "Contract balance," as used in the paragraph, shall mean the total amount payable by Obligee under the Contract and any amendments thereto, less the amounts properly paid by Obligee to Principal under the Contract. The term "Construction Work" as used herein shall mean the providing all labor and/or material necessary to complete Principal's scope of work under the Contract. Notwithstanding any language in the Contract to the contrary, the Contract balance shall not be reduced or set off on account of any obligation, contractual or otherwise, except the reasonable construction cost incurred in completing the Construction Work. 5. Any suit by Obligee under this bond must be instituted before the earlier of: (a) the expiration of one year from the date of substantial completion of the Construction Work, or (b) one year after Principal ceased Performance Bond — Page 1 of 2 • performing the Construction Work under the Contract, excluding warranty work. If this bond is provided to comply with bond statutes in the location where the Construction Work is being performed, and the bond statutes contain a statute of limitations for suits on the performance bond, then the limitation period set forth herein shall be read out of this bond and the statute of limitation set forth in the bond statutes shall be read. into this bond. If the limitation set forth in this bond is void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, and said period of limitation shall be deemed to have accrued and shall commence to run no later than the earlier of (y) the date of substantial completion of the Construction Work, or (z) the date Principal ceased performing Construction Work, excluding warranty work. 6. No suit or action shall be commenced hereunder other than in a court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 7. This bond shall not afford coverage for any liability of Principal for tortious acts, whether or not said liability is direct or is imposed by the Contract, and shall not serve as or be a substitute for or supplemental to any liability or other insurance required by the Contract. No right of action shall accrue on this bond to or for the use of any person or entity other than the named Obligee. 8. This bond is provided to comply with applicable statutory or other legal requirement for performing construction contracts for public owners in the location where the Construction Work is being performed. Except as provided in paragraph 5 above, all provisions in the bond which are in addition to or differ from applicable statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. Signed this 2nd day of October , 2006. Sweetser Constryctioo In By: William S er Travelers Casualty and Surety Company of America By: Robert M. Davis, Attorney -in -Fact Performance Bond — Page 2 of 2 I G STPAUL W. TRAVELERS WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 215938 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 000362922 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the law of the State of New York, that St. Paul Fire and Marine Insurance Company, Si. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casual y and Surely Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint - Robert M. Davis, and Cheryl Ann Pankey of the City of Fayetteville State of Arkansas their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in theiSSMuainess of,guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings requirce�_ pentad auditionsorcyceedings allowed by law. 49 IN WITNESSYWHEREOF, the Companies have caused this ins gib to bc gnepi d epotple seals to be hereto affixed thisMa2nd day of ,�+{�SYY Farmington Casualty Cpiljt n' % $3 C) St. Paul Guardian Insurance Company Fidelity and Guaranty€IndirranCe�yolmspan CSC) St. Paul Mercury Insurance Company Fidelity and Guaranty InsutanccUnderwAfers, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. 1'aul Fire and Marine Insurance Company United States Fidelity and Guaranty Company State of Connecticut City of Hanford ss. By: G urge mpson, SeEir n President On this the • 2nd day of May 2006 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, SL Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2006. 58440 9-05 Printed in U.S.A. `(kOkAiii e Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity r and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President. any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President. the Treasurer. any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnify, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer. any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (h) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory, in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc.. Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, Si. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Su� eOmpa'lYtAmer.ca��iind United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Powp.r r iu, rneyexecuied b %Companies, which is in full force and effect and has not been revoked. tSSkr IN TESTIMONY WHEREOF, 1 have hereunto set my hand and- d the Is� saidvq Panies this s/A V day of 20 . C/ fsletI Kori M. Johans Assistant Secretary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER PAYMENT BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Public Work) Hartford, Connecticut 06183 Bond No.: 104530883 KNOW ALL BY THESE PRESENTS, That we, Sweetser Construction Inc., as Principal, and Travelers Casualty and Surety Company of America, a Connecticut corporation, as Surety, are held and firmly bound unto City of Fayetteville, AR, as Obligee, in the sum of Three Million One Hundred Sixty Five Thousand Seventy Nine and 80/100 U.S. Dollars ($3,165,079.80) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, Principal has entered into a contract with Obligee, dated g11g1ts, for furnishing all labor and material for Van Asche Drive Extension - Gregg Avenue to Steele Boulevard, Fayetteville,. AR Bid No. 06-46 ("Contract"). NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payment to all Claimants as hereinafter defined for all labor and material actually used, consumed or incorporated in the performance of the construction work to be performed under the Contract, then this obligation shall be void; otherwise to remain in full force and effect, subject, however, to the following conditions: 1. A Claimant is defined as one other than Obligee having a contract with Principal or with a direct subcontractor of Principal to supply labor and/or materials and said labor and/or materials are actually used, consumed or incorporated in the performance of the construction work under the Contract. 2. Principal and Suretyhereby jointly and severally agree with Obligee that every Claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed or materials were furnished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for the amount due under Claimant's contract for the labor and/or materials supplied by the Claimant which were used, consumed or incorporated in the performance of the work, and have execution thereon; provided, however, that a Claimant having a direct contractual relationship with a subcontractor of Principal shall have a right of action on this bond only if said Claimant notifies Surety in writing of its claim within ninety (90) days from the date on which said Claimant did or performed the last labor and/or materials for which the claim is made. Obligee shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any Claimant: a. After the expiration of the earlier of: (1) one year after the day on which Claimant last supplied the labor and/or materials for which the claim is made; or (2) the limitation period set forth in the public works bond statutes, if any, in the location where the construction work is being performed. Any limitation contained in this bond which is prohibited by any law controlling in the state where the suit is filed shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by the law of that state, and said period of limitation shall be deemed to have accrued and shall commence to run on the day Claimant last supplied the labor and/or materials for which the claim is made; and b. Other than in a state court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. Payment Bond — Page 1 of 2 • 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. Surety's liability hereunder is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. 5. This bond is provided to comply with a statutory or other legal requirement for performing construction contracts for public owners in the location where the construction work is being performed. Except as provided in paragraph 3 above, all provisions in the bond which are in addition to or differ from those statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. This bond is a statutory bond, not a common law bond. Signed this 2nd day of October, 2006. Sweetser Constructi., I By William LT'ser Travelers Casualty and Surety Company of America By Robert M. Davis, Attorney- n -Fact Payment Bond — Page 2 of 2 • STPAUL TRAVELERS WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company SL Paul Fire and Marine Insurance Company Attorney -In Fact No. 215938 SI. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0003 6292 3 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the I ws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Ca ual y and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the law of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein col ectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Robert M. Davis, and Cheryl Ann Pankey • of the City of Fayedteville State of _ Arkancac their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, rccognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in theirbusiness o uaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or peri 4 tions or�-tgceedings allowed by law. _r{ 5 `v`Y � P .•cON �*19 2nd IN WITNS WHEREOF', the Companies have caused this instrum�n t benign d`and th corporate seals to be hereto affixed this 6 day of May ,6` S}� . V. S' t�v8 St Farmington Casualty Cpompany,,� �7 ��� St. Paul Guardian Insurance Company Fidelity and Guarantyt1nssuurand'G�an�y�� St. Paul Mercury Insurance Company Fidelity and GuarantyInsuta2iice Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety. Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Companp, State of Connecticut City of Hartford ss. On this the 2nd day of May 2006 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casually Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal: My Commission expires the 30th day of June, 2006. 58440-9-05 Printed in U.S.A. cosi)) c. J+uo.AQ-t Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER VT This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, which resolutions am now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking. and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is • FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President. any Senior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking' shall he valid and binding upon the Company when (a) signed by the President, any Vice Chaiman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President. any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Auomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Cpmpany, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty andSuur E$mpany 'Ameri .and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy off Po e ttornertex&� tlof u}ed by�SCompanies, which is in full force and effect and has not been revoked. b IN TESTIMONY WHEREOF, I have hereunto set my hand andOpted .0.1\4).)4 s\ sad b this �1 g day of 20 . Kori M. Johans Assistant Secretary To verify the authenticity of this Power of Attorney, call I-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER •IACORD _ CERTIFICATE OF LIABILITY INSURANCE CSR SP SWEET -1 DATE(MMDDYYYY) 10/19/06 POLICY NUMBER POLICY EFFECT NE DATE(MMRDDIYY) PRODUCER • Eason Insurance Agency 2340 Green Acres Rd, Suite #10 P.O. Box 4217 Fayetteville AR 72703 Phone: 479-521-2233 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED SWEETSER CONSTRUCTION 590 W. Poplar Fayetteville AR 72703 INC. INSURER A: Cincinnati Insurance Co 10677 INSURER B: 10/30/06 - INSURER C: EACH OCCURRENCE INSURER D: X INSURER E: I LU PREMISES(Eaoccurence) COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TNSH LTR AUU'L NSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECT NE DATE(MMRDDIYY) POLICY EXPIRATION DATE(MM/DO/YY) LIMITS A GENERAL LIABILITY GENERAL CLAIMS MADE LIABILITY OCCUR CPP0918275 10/30/06 - 10/30/07 EACH OCCURRENCE S1/000/000 X COMMERCIAL I LU PREMISES(Eaoccurence) S 500,000 X MED EXP (Any one Person) S 10,000 PERSONAL &ADV INJURY S 1,000,000 52,000,000 GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES n JECT PRODUCTS- COMP/OP AGG s 2 ,000 ,000 E: LOC POLICY 1 A AUTOMOBILE LIABILITY AUTO OWNED AUTOS AUTOS AUTOS -OWNED AUTOS CPA0918275 10/30/06 10/30/07 COMcINEn SINGLE LIMIT (Ea accident) E 1 000 000 , , X ANY ALL SCHEDULED BODILY INJURY (Per person) S X HIRED BODILY INJURY (Per accident) S X NON PROPERTY DAMAGE (Per accident) S GARAGEUABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: EA ACC S AGG S AOCCUR EXCESS/UMBRELLAUABILITY DEDUCTIBLE RETENTION CLAIMS MADE CPP0918275 10/30/06 10/30/07 EACH OCCURRENCE $5000000 [ AGGREGATE 55000000 f $ S S A WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVEWC184387300 OFFICER/MEMBER EXCLUDED? II yes. descnbe under SPECIAL PROVISIONS below 10/30/06 10/30/07 WC SIAIU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $500000 E.L DISEASE - EA EMPLOYEE s500000 EL. DISEASE -POLICY LIMIT 5500000 A OTHER OWNERS/CONT PROT L UNDERBINDER 10/30/06 10/30/07 OCP $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS VAN ASCHE DRIVE EXTENSION GREGG AVE TO STEELE BLVD. PROJECT #0596-1000, NO. 06-46. OWNER, ENGINEER, AND ENGINEER'S CONSULTANTS ARE ADDITIONAL INSURED BID rcorrcarwrc Lino ,.r,. _ N City Of Fayetteville 113 W. Mountain Fayetteville AR 72701 ACORD 25 (2001/08) CITYOOL SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. • AUTHORIZED REPRESENTATIVE ©ACORD CORPORATION 1988