HomeMy WebLinkAbout29-06 RESOLUTIONRESOLUTION NO. 29-06
A RESOLUTION APPROVING A CONSTRUCTION CONTRACT
WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE
AMOUNT OF $1,591,426 20 FOR WATER AND SEWER
RELOCATION FOR HIGHWAY IMPROVEMENTS TO
WEDINGTON DRIVE; APPROVING A PROJECT
CONTINGENCY IN THE AMOUNT OF $160,000.00, AND
APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF
$252,837.00.
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 contract with Crossland Heavy Contractors, Inc. in the
amount of $1,591,426.20 for water and sewer relocation for highway
improvements to Wedmgton Drive 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 $160,000.00.
Section 3. That the City Council of the City of Fayetteville, Arkansas
hereby approves a budget adjustment in the amount of $252,837.00.
PASSED and APPROVED this 7th day of February, 2006.
ATTEST:
44)
By: d dal C
SO DRA SMITH, City Clerk
APPROVED
By: -
r,'
DAN COODY, Mayor
d
111
—
: FAVLI I EVILLE:
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Zee •4`
T';s 1 'KANSPS,) —
City of Fayetteville, Arkansas
Budget Adjustment Form
/lis- 4q -o6
Budget Year
2006
Department: Water & Wastewater
Division: Water & Sewer Maintenance
Program: Capital Water Mains
Date Requested
2/7/2006
Adjustment Number
Project or Item Added/Increased:
$252,837 is requested in the Wedington Utility W/S
Relocations capital project.
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Project or Item Deleted/Reduced:
$147,945 from the Water & Sewer Use of Fund Balance.
$104,892 from the State of Arkansas AHTD.
Justification of this Increase:
The additional funding is needed due to the awarding of
a construction contract with Crossland Heavy
Contractors ($1,591,426.20), Project Contingency
($160,000), and Engineering Contra ($15,000).
•
Justification of this Decrease:
Sufficient cash and investments exist to fund this project.
Increase Expense Budget (Decrease Revenue Budget)
Account Name Account Number Amount Project Number
Water line improvements 5400 5600 5808 00
Account Name
252,837 05015 1
Decrease Expense Budget (Increase Revenue Budget)
St Hwy -utility relocation
Use of fund balance
Account Number Amount Project Number
5400 0940 4303 00 104,892 05015
5400 0940 4999 99. 147,945
Approval Signatures
Requested B Date
/-30- 06
Budget Manager
Date
�---- -r l I - 06
epartment Director . Date
Finance & IntemafServic- Director
Mayor
Date
Date
Budget Office Use Only
Type: A B C
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
E
Initial Date
Initial
Date
Initial Date
Initial Date
DOCUMENT 00500
CONTRACT
THIS AGREEMENT, made and entered into on the 8th day of February, 2006, by and between
Crossland Heavy Contractors, Inc.. Columbus, KS herein called the Contractor, and the City of
Fayetteville, Arkansas, Owner:
WITNESSETH:
That the Contractor, for theconsideration hereinafter fully set out, hereby agrees with the City of
Fayetteville as follows:
I . 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 Wedington.
Drive Water and Sewer Main Replacement, dated August, 2005.
Advertisement for Bids
Instructions to Bidders
Bid and acceptance thereof
Performance Bond
Payment Bond
SHEE
Maintenance Bond
General Conditions
Supplemental Conditions
Specifications
Drawings (See Sheet Index below)
2. That the City of Fayetteville 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 Million Five Hundred Ninety One Thousand Four Hundred Twenty Six &20 /100 Dollars
($1,591 426.20)
3. The Work will be completed and ready for final payment in accordance with the General
Conditions within 180 calendar days after the date when the Contract Time commences to run, as
provided in the Notice to Proceed.
FY042165 Wedington Drive Water & Sewer Section 00500 - 1
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SHEET NO.
SHEET DESCRIPTION
1
Cover
2
Index, Legend & Location Map
3-9
Wedington Drive Water Plan / Profile
10
Highway Crossing Cross Sections
11
Sewer Lines 1 and 3
12
Sewer Lines 2 and 4
13-14
Details
2. That the City of Fayetteville 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 Million Five Hundred Ninety One Thousand Four Hundred Twenty Six &20 /100 Dollars
($1,591 426.20)
3. The Work will be completed and ready for final payment in accordance with the General
Conditions within 180 calendar days after the date when the Contract Time commences to run, as
provided in the Notice to Proceed.
FY042165 Wedington Drive Water & Sewer Section 00500 - 1
•
4. Liquidated Damages: The City of Fayetteville and Contractor recognize that time is of the
essence of this Agreement and the City of Fayetteville 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 the City of Fayetteville if the Work is not 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 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 City of Fayetteville 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 City of Fayetteville 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 City of Fayetteville.
6. That upon submission by the Contractor of evidence satisfactory to the City of Fayetteville 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 City of Fayetteville.
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 City of Fayetteville 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 City of
Fayetteville, furnish an additional bond or bonds in such form and amount and with such Surety
or Sureties as shall be satisfactory to the City of Fayetteville. 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 City of Fayetteville.
8. No additional work or extras shall be done unless the same shall be duly authorized by
appropriate action by the City of Fayetteville in writing.
9. Freedom of Information Act. City contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Arkansas
Freedom of Information Act request is presented to the City of Fayetteville, (Contractor) will do
everything possible to provide the documents in a prompt and timely manner as prescribed in the
Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. Seq.). Only Legally authorized
photocopying cost pursuant to the FOIA may be assessed for this compliance.
FY042165 Wedington Drive Water & Sewer Section 00500 - 2
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.
SEAL.
WITNESSES:
ATTEST:
Crossland Heavy Contractors, Inc.
CONTRACTO
By
President
Title
CITY QF FETTEVIL , ARKANSAS
OWNER
�•`� R=Troll,
a. 01 • Y Oc'SG,p
:FAYETTEVILLE:
.,J RkANS:•
l''y;;VGTONiiii ill �G
Mayor
FY042165 Wedington Drive Water & Sewer Section 00500 - 3
•
•
L1
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Document 00600-1
Construction Performance Bond Bond #08833461
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Crossland Heavy Contractors, Inc.
P O. Box 350
Columbus, KS 66725
,
OWNER (Name and Address):
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
CONSTRUCTION CONTRACT
Date: February 8, 2006
Amount: $1,591,426 20
Description (Name and Location):
Fidelity and Deposit Company of Maryland
1400 American Lane, Tower I, 19th Floor
Schaumburg, IL 60196
Fayetteville Wedington Drive Water and Sewer Main Replacement
BOND
Date (Not earlier than Construction Contract Date): February 15, 2006
Amount: $1,591,426.20
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company
Signature:
Name and Title
(Corp. Seal)
iitivt Sct�r
Wei; de tit
CONTRACTOR AS PRINCIPAL
Company
(Corp. Seal)
SURETY
Company (Corp Seal)
Fidelity and Deposit Company of Maryland
Signature:
Name and Tall
SURETY
Company
Signature: Signature.
Name and Title:
Martha L. Gilfillan
Attorney -In -Fact
dreeet,
(Corp Seal)
Name and Title:
EJCDC No. 1910-28A (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated
General Contractors of America, American Instihita of Architects, American Subcontractors Association, and the Associated Specialty
Contractors
FY042165 Wedington Drive Water & Sewer
111111111111 I IIIIIIIIilIIIIIIIIII111111UhIill 1 11111111111lilt 1 Ell
Doc ID 009703820006 Tvoe L E
Re orded 02 28/2006 at 02:19 28 PM
Fee Amt: 58.00 Peae 1 of 6
We hinaton C unty. AR
Bette Stems Circuit C erk
F1 DB027-00000701;
I. The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner for
the performance of the Construction Contract, which is incorporated herein by
reference.
2. If the Contractor performs the Construction Contract, the Surety and the
Contractor shall have no obligation under this Bond, except to participate in
conferences as provided in Subparagraph 3.1.
3. If there is no Owner Default, the Surety's obligation under this Bond
shall arise after:
3.1 The Owner has notified the Contractor and the Surety at its address
described in Paragraph 10 below, that the Owner is considering
declaring a Contractor Default and has requested and attempted to
arrange a conference with the Contractor and the Surety to be held
not later than fifteen days after receipt of such notice to discuss
methods of performing the Construction Contract. If the Owner.
the Contractor and the Surety agree, the Contractor shall be
allowed a reasonable time to perform the Construction Contract, -
but such agreement shall not waive the Owner's right, if any,
subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and formally
terminated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as
provided in Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the Contract Price to
the Surety in accordance with the terns of the Construction
Contract or to a contractor selected to perform the Construction
Contract in accordance with the terms of the contract with the
Owner.
4. When the Owner has satisfied the conditions of Paragraph 3, the Surety
shall promptly and at the Surety's expense take one of the following actions:
4.1 Arrange for the Contractor, with the consent of the Owner, to
perform and complete the Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract
itself, through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a contract for performance and
completion of the Construction Contract, arrange for a contract to
be prepared for execution by the Owner and the contractor selected
with the Owner's concurrence, to be secured with performance and
payment bonds executed by a qualified surety equivalent to the
bonds issued on the Construction Contract, and pay to the Owner
the amount of damages as described in Paragraph 6 in excess of
the Balance of the Contract Price incurred by the Owner resulting
from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange for completion, or
obtain a new contractor and with reasonable promptness under the
circumstances:
1. After investigation, determine the amount for which it may be
liable to the Owaer and as soon a practicable after the amount is
determined, tender payment to the Owner, or
2. Deny liability in whole or in part and notify the Owner citing
reasons therefor.
5. If the Surety does not proceed as provided in Paragraph 4 with reasonable
promptness, the Surety shall be deemed to be in default on this Bond fifteen
days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the
Owner shall be entitled to enforce any remedy available to the Owner. If the
Surety proceeds as provided in Subparagraph 4.4 and the Owner refuses the
payment tendered or the Surety has denied liability, in whole or in part,
without further notice the Owner shall be entitled to enforce any remedy
available to the Owner.
6. After the Owner has terminated the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under Subparagraph 4.1,
4.2 or 4.3 above, then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract, and
the responsibilities of the Owner to the Surety shall not be greater than those of
the Owner under the Construction Contract. To the limit of the amount of this
Bond, but subject to commitment by the Owner of the Balance of the Contract
FY042165 Wedington Drive Water and Sewer
Price to mitigation of costs and damages on the Construction Conuac
Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction of defc
work and completion of the Construction Contract;
6.2 Additional legal, design professional and delay costs resulting•
the Contractor's Default, and resulting from the actions or failu
act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specific
the Construction Contract, actual damages caused by deli
performance or non-performance of the Contractor.
7. The Surety shall not be liable to the Owner or others for obligation
the Contractor that are unrelated to the Construction Contract, and the Bala
of the Contract Price shall not be reduced or set off on account of any s
unrelated obligations. No right of action shall accrue on this Bond to
person or entity other than the Owner or its heirs, executors, administrators
successors.
8. The Surety hereby waives notice of any change, including changes
time, to the Construction Contract or to related subcontracts, purchase ord
and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted
any court of competent jurisdiction in the location in which the Work or pan
the Work is located and shall be instituted within two years after Contract
Default or within two years after the Contractor ceased working or within n
years after the Surety refuses or fails to perform its obligations under tt
Bond, whichever occurs first. If the provisions of the Paragraph are void
prohibited by law, the minimum period of limitation available to sureties as
defense in the jurisdiction of the suit shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall be mailed
delivered to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or othc
legal requirement in the location where the construction was to be performer
any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutor
or other legal requirement shall be deemed incorporated herein. The intent is
that this Bond shall be construed as a statutory bond and not as a common lav
bond.
12. DEFINITIONS
12.1 Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be received by the Owner
in settlement of insurance or other claims for damages to which the
Contractor is entitled, rcduced by all valid and proper payments
made to or on behalf of the Contractor under the Construction
Contract.
12.2 Construction Contract: The agreement between the Owner and the
Contractor identified on the signature page, including all the
Contract Documents and changes thereto.
12.3 Contractor Default: Failure of the Contractor, which has neither
been remedied nor waived, to perform or otherwise to comply with
the terns of the Construction Contract.
12.4 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof.
00600-1-2
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and ;
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY- corporations of the S . aryland. by FRANK
MARTIN JR., Vice President. and ERIC D. BARNES, Assistant Secretary, in put c: c : ret • °ranted by Article \
Section 2, of the By -Laws of said Companies, which are set forth on thrs
full force and effect on the date hereof. does hereby nomina0°$reby certified to be
NADEAU, S. Mark WILKERSON, Ashley Ro . 1 1 L`r�E Topeka,
Kansas,
1 , all ofn Tobeha, Ks curet
EACH its true and lawful agent and At q p -�F° L ak e ,�. • ..:
as its act and deed: any mita' g�ld�der .: el ver, for, and on its beings lfin surety, t
1.ecution of such bonds or undertakings in pursuance
these presents, shallyg donjai� t>, , r .5• uIly and amply, to all in ents and purposes, as if they had bees
duly executed and a �n�ip((ed�``ed trtGM• .t elected officers of the Company at its office in Baltimore, Md., in their
own proper persons. .1 ofyukof'ney revokes that issued on behalf of Stanley G. WILKERSON, Claudia J.
NADEAU, S. Mark . IfSON. Ashley Rose NELSON Martha L. GILFILLAN, dated July 5, 2005.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article
Section 2. of the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names ;
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONI
AMERICAN CASUALTY AND SURETY COMPANY, this 6th day of December, A.D. 2005.
ATTEST.
State of Maryland
City of Baltimore }ss:
FIDELITY AND DEPOSIT COMPANY OF MARYLAN
COLONIAL AMERICAN CASUALTY AND SURETY COMPAN
By
Eric D. Banes Assistant Secretary Frank E. Marlin Jr. Vice Presidt
On this 6th day of December A D 2005, before the subscriber. a Notary Public of the State of Maryland, du
commissioned and qualified, came FRANK E. MARTIN JR:, Vice President, and ERIC D. BARNES Assistant Secretary
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AN
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed tl
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally ar
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to 11
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as suc
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first abov
written.
POA -F 076-0008
•
Maria D. Adamski
,
Notary Publi,
My Commission Expires: July 8, 2007
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of .the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of Judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of Judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who
executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors
to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY -AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELFfY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED. That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore 01
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid ane
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this. 15
day of Re bii,Car j , 260Co
Assistant Secremry
Document 00600-2 Bond #08833461
Construction Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address)
Crossland Heavy Contractors, Inc.
P O. Box 350
Columbus, KS 66725
OWNER (Name and Address):
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
CONSTRUCTION CONTRACT
Date: February 8, 2006
Amount: $1,591,426.20
Description (Name and Location):
SURETY (Name and Principal Place of Business):
Fidelity and Deposit Company of Maryland
1400 American Lane, Tower I, 19th Floor
Schaumburg; IL 60196
Fayetteville Wedington Drive Water and Sewer Main Replacement
BOND
Date (Not earlier than Construction Contract Date): February 15; 2006
Amount: $1,591,42620
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company (Corp. Seal)
SURETY
Company (Corp Seal)
Fidelity and Deposit Company of Maryland
Signature.-//'/-.�`^ Signature: eLL /Azit.47,
Name and Title:
CONTRACTOR AS PRINCIPAL
Company
(Corp. Seal)
Name and Title!Martha L. Gilfillan
Attorney -In -Fact
SURETY
Company
(Corp Seal)
Signature: Signature:
Name and Title:
Name and Title:
EJCDC No. 1910-288 (1984 Edition)
Prepared through the joint efforts of the SuretyAssociation of America, Engineers' Joint Contract Documents Committee, The Associated
General Contractors of America. American Institute of Architects, American Subcontractors Association. and the Associated Specialty
Contractors
FY042165 Wedington Drive Water & Sewer Section 00600-2-1
1. The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner to
pay for labor, materials and equipment furnished for use in the performance of
the Constniction Contract, which is incorporated herein by reference.
2. With respect to the Owner, this obligation shall be null and void if the
Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner from all
claims, demands, liens or suits by any person or entity who
furnished labor, materials or equipment for use in the performance
of the Construction Contract, provided the Owner has promptly
notified the Contractor and the Surety (at the address described in
paragraph 12) of any claims, demands, liens or suits and tendered
defense of such claims, demands, liens or suits to the Contractor
and the Surety, and provided there is no Owner Default
3. With respect to Claimants, this obligation shall be null and void if the
Contractor promptly makes payment, directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4.1 Claimants who are employed by or have a direct contract with
Contractor have given notice to the Surety (at the address described
in paragraph 12) and sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this Bond and , with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with the Contractor:
1. Have furnished written notice to the Contractor and sent a copy,
or notice thereof, to the Owner, within 90 days after having last
performed labor or last furnished materials or equipment included
in the claim stating, with substantial accuracy, the amount of the
claim and the name of the party to whom the materials were
furnished or supplied or for whom the labor was done or
performed; and
2. Have either received a rejection in whole or in part from the
Contractor, or not received within 30 days of famishing the above
notice any communication from the Contractor by which the
Conhactor has indicated the claim will be paid directly or
indirectly.; and •
3. Not having been paid within the above 30 days, have sent a
written notice to the Surety (at the address described in paragraph
12) and sent a copy, or notice thereof, to the Owner, stating that a
claim is being made under this Bond and enclosing a copy of the
previous written notice furnished to the Contractor.
5. If a notice required by paragraph 4 is given by the Owner to the
Contractor or to the Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of paragraph 4, the
Surcty shall promptly and at the Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to the Owner, within
45 days after receipt of the claim, stating the amounts that are
undisputed and the basis for challenging any amounts that are
disputed.
6.2 Pay or arrange for payment of any undisputed amounts.
7. The Surety's total obligation shall not exceed the amount of this Bond,
and the amount of this Bond shall be credited for any payments made in good
faith by the Surety.
8. Amounts owed by the Owner to the Contractor under the Construction
Contract shall be used for the performance of the Construction contract and to
satisfy claims, if any, under any Construction Performance Bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that
funds earned by the Contractor in the performance of the Construction
Contract are dedicated to satisfy obligations of the Contractor and the Surety
under this Bond, subject to the Owner's priority to use the funds for the
completion of the Work.
9. The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contractor that are unrelated to the Construction Contract.
FY042165 Wedington Drive Water & Sewer
The Owner shall not be liable for payment of any costs or expenses of a
Claimant under this Bond.
10 The Surety hereby waives notice of any change, including changes
lime, to the Construction Contract or to related subcontracts, purchase orde
and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bot
other than in a court of competent jurisdiction in the location in which tl
Work or part of the Work is located or after the expiration of one year from U
date (1) on which the Claimant gave the notice required by Subparagraph 4.
or Clause 4.2.3, or (2) on which the last labor or service was performed t
anyone or the last materials or equipment were furnished by anyone under th
Construction Contract, whichever of (I) or (2) occurs first. If the provisions 1
this paragraph are void or prohibited by law, the minimum period oflimitatio
available to sureties as a defense in the jurisdiction of the suit shall b
applicable.
12. Notice to the Surety, the Owner or the Contractor shall be mailed o
delivered to the address shown on the signature page. Actual receipt ofnotic.
by the Surety, the Owner, or the Contractor, however accomplished, shall bi
sufficient compliance as of the date received at the address shown on Liu
signature page.
13. When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be perforated,
any provision in this Bond conflicting with said statutory or legal requirements
shall be deemed deleted herefrom and provisions conforming to such statutory
or other legal requirement shall be deemed incorporated herein. The intent is,
that this Bond shall be construed as a statutory bond and not as a common law
bond.
14. Upon request by any person or entity appearing to be a potential
beneficiary of this Bond, the Contractor shall promptly furnish a copy of this
Bond or shall permit a copy to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct contract with the
Contractor or with a subcontractor of the Contractor to furnish
labor, materials, or equipment for use in the performance of the
Contract. The intent of this Bond shall be to include without
limitation in the terms "labor, materials or equipment" that part of
water, gas, power, light, heat, oil, gasoline, telephone service or
rental equipment used in the Construction Contract, architectural
and engineering services required for performance of the work of
the Contractor and Contractor's sub contractors, and all other items
for which a mechanic's lien may be asserted in the jurisdiction
where the labor, materials or equipment were famished.
15.2 Construction Contract: The agreement between the Owner and the
Contractor identified on the signature page, including all the
Contract Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof.
00600-2-2
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS- That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the _Statesof
MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pur anc
Section 2, of the By -Laws of said Companies, which are set forth on th ss.\,
full force and effect on the date hereof, does hereby nomina
NADEAU, S. Mark WILKERSON, Ashley Ro
EACH its true and lawful agent and Atto S
as its act and deed: any an
these presents, shal
duly executed and a
own proper persons.
NADEAU, S. Mark
aryland, by FRANK E.
granted by Article VI,
reby certified to be in
po i _ @} ..4 ERSON, Claudia J.
ak , all of Topeka, Kansas,
2i—deliver, for. and on its behalf as surety, and
Ate ecution of such bonds or undertakings in pursuance of
ully and amply, to all intents and purposes, as if they had been
e ected officers of the Company at its office in Baltimore, Md., in their
orney revokes that issued on behalf of Stanley G. WILKERSON, Claudia J.
SON, Ashley Rose NELSON. Martha L. GILFILLAN, dated July 5, 2005.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI
Section 2, of the By -Laws of said Companies, and is now in force
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names ane
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAI
AMERICAN CASUALTY AND SURETY COMPANY, this 6th day of December. A.D. 2005.
ATTEST:
State of Maryland
City of Baltimore ss:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
Eric D. Barnes
By:
Assistant Secretary Frank E. Martin Jr.
Vice Presiden;
On this 6th day of December, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed io the said instrument by The authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
POA -F 076-0008
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2007
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who
executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors
to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY -AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: That the facsimile or 'mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any VicePresident, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 15 day of RtiOnka.r , 2noco
Assistant Secretary
o
Client#: 11231
ACORD.M CERTIFICATE
CROSCON
OF LIABILITY INSURANCE
PRODUCER
IMA of Kansas, Inc. (Topeka)
PO Box 1537
Topeka, KS 66601-1537
785 232-2202
DATE IMMIDDNYJ
02/22/06
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
INSURED
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
INSURER A: Zurich American Insurance
INSURER 8:
INSURER C:
INSURER D:
INSURER E:
COVERAGES
MORAL INSURED;WSURER LETTER:
CANCELLATION
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL YB _DAYS WRITTEN
NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TODOSOSH ALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSU RER,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25-S (7197)1 of 2 #S287172/M287171
JRK 0 ACORD CORPORATION 1988
THE
ANY
MAY
POLICIES.
POLICIES OF INSURANCE LISTED
REQUIREMENT, TERM OR CONDITION
PERTAIN, THE INSURANCE AFFORDED
AGGREGATE LIMITS SHOWN
BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DDM/)
POLICY EXPIRATION
DATE IMWDUMn
LIMITS
A
GENERAL
LIABILITY
ERCWLGENERAL
CLAIMS MADE
LIAB
ILITY
OCCUR
TBD
COntractOr:
Crossland Heavy
Contractors, Inc.
02/15/06
04/30/06
EACH OCCURRENCE
S 1,000,000
S
X
COMM
FIRE DAMAGE (Any one fire)
X
MED EXP (Any one person)
5
PERSONAL & ADV INJURY
5
X
OCP
GENERAL AGGREGATE
52,000,000
S
GENT. AGGREGATE
LIMIT
APPLIES PER:
n LOC
PRODUCTS -COMP/OP AGG
POLICY
n JE T
AUTOMOBILE
LIABILITY
AUTO
OWNED AUTOS
AUTOS
AUTOS
-OWNED AUTOS
•
COMBINED SINGLE LIMIT
(Ea accident)
$
ANY
ALL
BODILY INJURY
(Per Person)
S
SCHEDULED
HIRED
BODILY INJURY
(Per accident)
$
NON
PROPERTY DAMAGE
(Per accident)
5
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
OTHER THAN
AUTO ONLY:
EA ACC
$
AGG
$
EXCESS
LIABILITY
OCCUR
DEDUCTIBLE
RETENTION
I CLAIMS MADE
EACH OCCURRENCE
5
I
AGGREGATE
$
S
3
5
S
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
WC STATU.
TORY LIMBS
OTH-
FR
E.L. EACH ACCIDENT
S
E.L. DISEASE - EA EMPLOYEE
5
E.L. DISEASE - POLICY LIMIT
$
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLE&EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Fayetteville Wedington Drive Water & Sewer Main Replacement
McClelland Consulting Engineers, Inc. are named as additional insured as respects Owners Contractors
Protective Liability.
MORAL INSURED;WSURER LETTER:
CANCELLATION
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL YB _DAYS WRITTEN
NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TODOSOSH ALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSU RER,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25-S (7197)1 of 2 #S287172/M287171
JRK 0 ACORD CORPORATION 1988
ii
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
•
ACORD 25-S (7/97)2
of 2 #8287172/M287171
tii
Client#: 11232 CROSHEA
ACORDTH CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
IMA of Kansas, Inc. (Topeka)
PO Box 1537
Topeka, KS 66601-1537
785 232-2202
INSURED
DATE IM&VDD/YYYY)
2/22/06
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
COVERAGES
Crossland Heavy Contractors, Inc. •
PO Box 350; 833 S E Avenue
Columbus, KS 66725
INSURER A: Zurich American Insurance
INSURER B: American Guarantee & Liability
INSU E C: The Insurance Co. of the State of PA
INSURER D: Athena Assurance Company
NAIC #
16535
26247
19429
41769
INSURER E:
RE Fayetteville Wedington Drive Water & Sewer Main Replacement
Certificate Holder and Engineer (McClelland Consulting Engineers, Inc.) -are named as
additional insureds (excludes professional liability) as respects General Liability and
Auto Liability. ._
CERTIFICATE HOLDER
CANCELLATION
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
ACORD 25 (2001/08) 1 of 2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL RbtDORWARRR MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,AXXWAINOnWPIC000 Jn8(J(
EWA. 11AA151000361D ARVINMAX7OR*XXXIWTAXIOR XRRIDRtOZI OLRRIORRRDD0EXXX
RROac$XOCwnnx
AUTHORIZED REPRESENTATIVE
#S287169/M252159
JRK
0 ACORD CORPORATION 1988
ANY
POLICIES.
INSR
THE POLICIES
REQUIREMENT,
MAY PERTAIN,
ADb'L
OF INSURANCE LISTED BELOW
TERM OR CONDITION
THE INSURANCE AFFORDED
AGGREGATE LIMITS SHOWN MAY
HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
NSRC
TYPE OF INSURANCE
POLICY NUMBER -
Pi?k45(M DD/YIVIE
P DATEIMM/UO/YY))N
UNITS
A
GENERAL LIABILITY
GL0370703403
04/30/05
X
COMMERCIAL
04/30/06
EACH OCCURRENCE
$1,0001000
GENERAL LIABILITY
DA4GETO NTED
CLAIMS
heel
$300,000
MADE
X
OCCUR
X
PD Ded:2,500
MED EXP (Any one person)
$10,000
PERSONAL &ADV INJURY
S1,000,000
GENII
AGGREGATE
GENERAL AGGREGATE
s2,000,000
LIMIT APPLIES PER:
POLICY
X
PRODUCTS- COMP/OPAGG
52,000,000
I
JE 'A '
LOC
B
AUTOMOBILE
LIABILITY
BAP370703303
04/30/05
X
ANY AUTO
04/30/06
COMBINED SINGLE LIMIT
(Ea accident)
$1,0001000
ALL
OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per
$
X
person)
HIRED AUTOS
X
NON -OWNED AUTOS
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per acddenl)
$
GARAGE
LIABILITY
AUTO ONLY - EA ACCIDENT
S
ANY AUTO
•
OTHER THEA ACC
S
AUTO ONLANY: AGG
S
C
EXCESS/UMBRELLA
LIABILITY
46056423
04/30/05
X
04/30/06
EACH OCCURRENCE
15,000,000
OCCUR
CLAIMS MADE
AGGREGATE
$5,000,000
'
D
$
DEDUCTIBLE
0106800816
04/30/05
X
04/30/06
Each Occ
$$7,000 000
RETENTION $ 0
A gregate
s$7,000,00
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
WC370703602
04/30/05
04/30/06
X� WC STATU-
TORT LIMITS
OTH-
ER
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
E.L. EACH ACCIDENT
51,000,000
If yes, describe under
E.L DISEASE - EA EMPLOYEE
11,000,000
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
OTHER
$1,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS 1 VEHICI FB r Ern ue,nue e..-.• ..—.—.—___... ___
RE Fayetteville Wedington Drive Water & Sewer Main Replacement
Certificate Holder and Engineer (McClelland Consulting Engineers, Inc.) -are named as
additional insureds (excludes professional liability) as respects General Liability and
Auto Liability. ._
CERTIFICATE HOLDER
CANCELLATION
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
ACORD 25 (2001/08) 1 of 2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL RbtDORWARRR MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,AXXWAINOnWPIC000 Jn8(J(
EWA. 11AA151000361D ARVINMAX7OR*XXXIWTAXIOR XRRIDRtOZI OLRRIORRRDD0EXXX
RROac$XOCwnnx
AUTHORIZED REPRESENTATIVE
#S287169/M252159
JRK
0 ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate' holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 254 (2001/08)
2 oft
#S2871691M252159
oup
1
1
•
m
MAINTENANCE BOND BOND NUMBER 08833461
KNOW ALL MEN BY THESE PRESENTS, That we, Crossland Heavy Contractors, Inc.
(hereinafter called the Principal), and Fidelity and Deposit Company of Maryland , a corporation
(hereinafter call the Surety), are held and firmly bound unto the City of Fayetteville, Arkansas
(hereinafter called the Obligee), in the full and just sum of $1,591,428 20Dollars, lawful money of the
United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs,
administrators, executors, successsors and assigns, jointly and severally, firmly by these presents.
WHEREAS, said Prinicipal has entered into a certain contract with the Obligee dated February 8, 2006
Project Fayetteville Wedington Drive Water and Sewer Main Replacement
which contract has been or is about to be accepted.
AND WHEREAS, specification and contract provided that
should guarantee the project free from defects caused by faulty workmanship and materials for a period
of two years after substantial completion, general wear and tear expected.
NOW, THEREFORE, if the said project shall be free from defects of workmanship and materials,
general wear and tear expected, for a period of two years after substanial completion, then this
obligation shall be null and void; otherwise to remain in full force and effect.
Signed, sealed and delivered February 15, 2006
Witness as to Caro s�nc. (Seal)
Crossland
(Seal)
Principal IA 5<w, Pas%agM'
Fidelity and Deposit Company of Mayland (Seal)
Marth. L Gilfillan, Attorney -in
•
Maintenance Bond
City of Fayetteville
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S co{ 9aryland, by FRANK E.
MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pur : ¢f *': t granted by Article VI,
Section 2, of the By -Laws of said Companies, which are set forth on the-rrpe-rs. eeeo an reby certified to be in
full force and effect on the date hereof, does hereby nornina .. p t a:+ :pot e� 1tKERSON, Claudia J.
NADEAU, S. Mark WILKERSON, Ashley Ro . i • t I 4* �� of Topeka, Kansas,
EACH its true and lawful agent and AttQrFtt ak a diver, for, and on its behalf as surely, and
as its act and deed: any an d 1rsNde _ :Sate ecution of such bonds or undertakings in pursuance of
these presents, shall �� gWpon f ully and amply, to all intents and purposes, as if They had been
duly executed and a nbwledoea _ .l: e ected officers of the Company at its office in Baltimore, Md., in their
own proper persons. :: _ ►. omey revokes that issued on behalf of Stanley G. WILKERSON, Claudia J.
NADEAU, S. Mark Yui .:SON, Ashley Rose NELSON, Martha L. GILFILLAN, dated July 5, 2005.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 6th day of December, A.D. 2005.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
Eric D. Barnes
By:
Assistant Secretary Frank E. Martin Jr. Vice President
State of Maryland lss:
City of Baltimore J
On this .6th day of December, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument. is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed t� the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above
written.
POA -F 076-0008
_
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2007
Vi
1
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of Judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of Judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who
executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors
to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY -AND SURETY. COMPANY.
This Power of Attorney and Certificate may signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore of
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
4.7Y
t � day of /2 -air
this 5 J
Assi.srmn Secretary