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89-08 RESOLUTION
RESOLUTION NO. 89-08 A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH FARMINGTON IN WHICH FAYETTEVILLE PAYS $482,078.52 (WITH CREDIT TO BE GIVEN FOR SOME EQUIPMENT), FARMINGTON PAYS $1,215,802.48, AND FAYETTEVILLE AUTHORIZES A $30,000.00 CONTINGENCY FOR THE FARMINGTON LIFT STATION WHEREAS, Fayetteville and Farmington agreed on April 13, 2007 to cost share the construction costs of the replacement Farmington Lift Station pursuant to the population of both cities to be served by the Farmington List Station; and WHEREAS, seven construction companies submitted sealed bids to construct this lift station with J.L. Bryson being the low bidder of $1,697,881.00 (about 10% below our engineer's estimate); and WHEREAS, the City of Fayetteville's portion of this bid price is $482,078.52 and the City will receive credit for a generator, pump and related controls provided from other lift stations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville. Arkansas hereby approves the bid and contract of J.C. Bryson in the amount of $1,697.881.00 to construct a Farmington Lift Station and agrees to pay Farmington the sum of $482,078.52 (less credit for a generator, pump and controls) as Fayetteville's share of this construction contract. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves $30,000.00 as its share of the contingency for this project. llll PASSED and APPROVED this 6th day of May, 2008. APPROVE By: D • N COODY, Mayor ATTEST: By: SO 0402 a - E SMITH, City Clerk/Treasurer .V,•�? E :FAYETTEVILLE: '�•• • 't y9S ':,,0Nsp:�• y «'41 Ur.H`.. David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 6 -May -08 City Council Meeting Date Wastewater System Impry Project Division Action Required: fi-65 Water/Wastewater Department Approval of a cost -share with Farmington in the amount of $482,078.52 for a contract with J.L. Bryson for Fayetteville's share of construction of the Farmington Lift Station, WSIP Subproject WL -12, Bid 08-02, and approve a 6% contingency of $30,000. 512,079 Cost of this request 4520-9520-5801.00 Account Number 02133.0412 Project Number Budgeted Item XX 48, 836, 390 Category / Project Budget Wastewater System Imp Project Program Category / Project Name 26,318,836 Water and Wastewater Funds Used to Date Program / Project Category Name 22,517,554 Water/Sewer Remaining Balance Fund Name Budget Adjustment Attached Departm t Dire tor City Attorney 'Pcui a. 11,J-- 1 L,..l Previous Ordinance or Resolution # Date Original Contract Date: Original Contract Number: Wit /0g Date Y-t't-os Finance and Internal Service Director Date Mayor / Date Received in Mayor's Office Comments: nom' f ?aye evLps e CITY COUNCIL AGENDA MEMO Meeting of May 6, 2008 To: Fayetteville City Council From: David Jurgens, Water and Wastewater Directo Fayetteville Sewer Committee Date: 8 April 2008 Subject: Approval of a cost -share with Farmington in the ai'hount of $482,078.52 for a contract with J.L. Bryson for Fayetteville's share of construction of the Farmington Lift Station, WSIP Subproject WL -12, Bid 08-02, and approve a 6% contingency of $30,000. RECOMMENDATION City Administration recommends approval of a cost -share with Farmington in the amount of $482,078.52 for a contract with J.L. Bryson for construction of the Farmington Lift Station, WSIP Subproject WL -12, Bid 08-02, and approve a 6% contingency of $30,000. BACKGROUND This project includes the construction of a submersible lift station that contains three pumps and provision for two future pumps. Work includes odor control and back-up power. The generator, one pump and related controls are being provided from other City of Fayetteville lift stations, with the fair market value being credited to Fayetteville. The project is located on the north side of Farmington, 511 North Double Springs Road, near the intersection of Goose Creek Rd (RT 66) and North Double Springs Rd (RT 27). DISCUSSION This cost share and the Fayetteville percentage of the cost was agreed to and established in the Fayetteville -Farmington Wastewater Agreement of April 3, 2007 which included the projected population served by this lift station. The cost share is split based on the population. Fayetteville will have a deduction based on the value of the generator, pump and controls. These values will be determined after the bids are opened and the items are refurbished. The Cities received bids on 8 April, 2008 for this project: Contractor J. L. Bryson (low bid) Crossland Heavy Contractors Garney Companies Inc BRB Contractors Inc McInnis Brothers Construction Inc LJB Construction Inc Township Builders Inc Engineer's Estimate Total Bid $1,697,881.00 $1,744,650.00 $2,056,000.00 $2,105,081.00 $2,122,000.00 $2,250,000.00 $2,418,838.00 $1,864,150.00 Fayetteville Share 482,078.52 495,357.62 583,759.07 597,694.62 602,498.42 638,841.40 686,779.49 529,287.20 RJN, the Engineers, has approved the bid and recommends approval. Approval from the Arkansas Natural Resources Commission, which is providing Farmington RLF funding for the project, is expected soon. Although J. L. Bryson has not performed any WSIP work, their references were excellent. BUDGET IMPACT Funds are available in the WSIP project budget. WL -12 CCMemo Mar08 RESOLUTION NO. A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH FARMINGTON IN WHICH FAYETTEVILLE PAYS $482,078.52 (WITH CREDIT TO BE GIVEN FOR SOME EQUIPMENT), FARMINGTON PAYS $1,215,802.48, AND FAYETTEVILLE AUTHORIZES A $30,000.00 CONTINGENCY FOR THE FARMINGTON LIFT STATION WHEREAS, Fayetteville and Farmington agreed on April 13, 2007 to cost share the construction costs of the replacement Farmington List Station pursuant to the population of both cities to be served by the Farmington List Station; and WHEREAS, seven construction companies submitted sealed bids to construct this lift station with J.L. Bryson being the low bidder of $1,697,881.00 (about 10% below our engineer's estimate); and WHEREAS, the City of Fayetteville's portion of this bid price is $482,078.52 and the City will receive credit for a generator, pump and related controls provided from other lift stations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the bid and contract of J.C. Bryson in the amount of $1,697.881.00 to construct a Farmington Lift Station and agrees to pay Farmington the sum of S482,078.52 (less credit for a generator, pump and controls) as Fayetteville's share of this construction contract. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves $30,000.00 as its share of the contingency for this project. PASSED and APPROVED this 6'" day of May, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer rj ngroup Excellence through Ownership April 11, 2008 Mr. Dave Jurgens, P.E. City of Fayetteville Director Water and Wastewater 113 West Mountain Street Fayetteville, AR 72701 Subject: Bid 08-02 Fayetteville WL -12, Double Springs Lift Station, Farmington, AR RJN# 18-1875-02 Dear Mr. Jurgens: www.fn.com RJN has reviewed and processed the Contractor Bids for the above referenced project. All bids are correct as submitted by each contractor. JL Bryson, Inc is certified to be the low bidder with a total bid amount of one million six hundred ninety-seven thousand eight hundred eighty-one and no cents ($1,697,881.00). RJN has checked references supplied by JL Bryson, Inc. All references checked have stated that JL Bryson's work has been excellent, on schedule and would like to have them work on future projects. JL Bryson, Inc. has completed projects of similar nature, ranging in cost from $3,172,574 to $1,038,800. RJN recommends that the contract for Bid 08-02 in the amount of $ 1,697,881.00 be awarded to the low bidder, JL Bryson, Inc. Attached are the documents submitted by JL Bryson, Inc. that demonstrate a good faith effort in utilizing MBE/WBE firms. Should you have any further questions, please call me at (314) 588-9764, x325. RThi lnc. 4 Kevin White Project Manager xc: H. Kelso R. Januska 26 East Meadow #8 • Fayetteville, AR 72701 •479.444.6119 • fax 479.444.6119 " Ik C FAYETTEVILLE WASTEWATER SYSTEM IMPROVEMENT PROJECT DOUBLE SPRINGS UFT STATION, FARMINGTON - CONTRACT WL -12 1C -1, i3 » l 888885!888 &MI�e h gggggg?gg 8888,888„888888, aggII «— wr « 8 S a ` i 817.Rry78R$8s47R8Q86g7qU< S AV k.- ,.. -,§04 ggg9gxa5g'sg?g:Eaas w 2&W:8,8 » --n w«»» F� Ii 2§ ii B giggg :RS'R6ARSR87 Q 88$88888888888888Q 88 OUR RIRRURRRI ASS88_;Q3N8 gA 8 3 87 A E a6 558 8° 888888$88 gggmmggggggggggg `RR_BKeBR^_RB�F88 » --ww«.._»_».«««_w»«+- 8§8888 „8888 gggg', 877R 8: 8; • . IyI! 33303 x it �^�1 . ggg��g$$@ggggg�E�g !89^11:18:-SRA8RR6^w'RR !:::11111: -»»«__«»»«_«_»»«»_«w»w«w 8888 888868888888 88888 l 8? E; r _ w BRO Catam,. en m6S NV. bV, SOMI 20;00. K5 MOW O1105: 115-232-125 Fax: 7B5-2358045 $8$888 IRRIPOR g eAgg 888888x$$$$$8 Ra'- g g B ERRRRe& 882R«R6 s 1,003.00 10003.00 8 $ $£ -c 0 • $p5'Jga B ° I@i :3 o it $88888888$$88888 RR 8RR m VI gggggggI1g 8''°498A5^.e 888888, HIM ”_RR' _» 8F R' - 3, d 7F R 8s^-^ W 848884888888888888888888 gggggg4@gs »» w gnkl§aMR4 w w» 88 gg » S .. `gp g 8$$$8$8 §ISg1-d msg7B.EAs_gogi%„- 88888888 4 R4IfAm $$$$ AESE ^2.7R1 TO MAT/ le i L101kar 15,150 2 $ any., nen Ito-. :in 1• 112 f 1 gpaugg 788g9:9^pARR88'_"8�R1 gggIggW§g! §§ I' B U ril i x ig 999999999999999999999° �F a 11 tempo". »- _____V DOCUMENT 00400 - BID FORM Project Name• Wastewater System Improvement Project Contract Name: Double Springs Lifl Station Contract No.: WL -12 BID TO: Owner: The City of Farmington, Arkansas 324 West Main Street Farmington, Arkansas 72730 BID FROM: Bidder. `l L &y. $ON /'NC . Pc. BOX /y79 7-6 44P/sow 21/0 yrs-a/u - A,e 7274/0 ARTICLE I - INTENT 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2 - TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 00400 -Bid Form.doc 00400 — I RJN Project No. 11-1875-02 DOCUMENT 00400 - BID FORM (continued) ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date / '/-/- 08. B. Bidder 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. C. Bidder 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. Bidder 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. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. 00400 -Bid Form.doc 00400 — 2 RJN Project No. 11-1875-02 DOCUMENT 00400 - BID FORM (continued) E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or 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, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H. Bidder has correlated the information known to Bidder, 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. 1. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any 00400 -Bid Form.doc 00400 — 3 RJN Project No. 11-1875-02 DOCUMENT 00400 - BID FORM (continued) other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner.. . L. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. ARTICLE 4 - BID PRICE 4.01 Lump Sum Price A. Bidder will complete the Work in accordance with the Contract Documents for the lump -sum price of ay/lc-4st-��Szr/4Z4kD/04.0 5"learr,etl'.>?Yb f'7tecze4 tASfltV7 # 00 XON° �O� .! ., p..i/ _ /,e 2 (4 # Dollars ($ 66'q ?W ) B. Provide a breakdown of the above lump sum bid per the following: (Note: The sum of this section to equal total lump sum price) 1. Trench or excavation safety systems complying with OSHA Part 1926 - Subpart P $ n.049 00 2. Mobilization $ ' J p 700. 610 3. Site Preparation $ 2c /00.00 Dewatering$ /3 /00.00. 5. Excavation: a. Soil $ S� 8'00.00 b. Rock $ 14,5/0, 00 -93,3/0.00 6. Structural: a. Re -enforced Concrete $ 307S9‘.31 (Rebar, mud slab, walls, floors, roof, equipment pads, etc) c. Rock Anchors $ 37 S38 .0° 00400 — 4 RJN Project No. 11-1875-02 00400 -Bid Form.doc DOCUMENT 00400 - BID FORM (continued) b. Metal $ 1/V 50. O 0 (supports, handrails, etc.) c. Hatches $ (.?515-, 0 0 7. Piping: a. From pumps to Force Main header check valve in 2' dF 166 b. Yard Piping exterior to Lift Station $ $ ? 6 3 3.0(9 Electrical and Controls: $ Equipment and Installation of c2,&8G r () a. Pumps $ ,eG 3. q89- 00 b. Odor Control $ � Si% op 10. Asphalt Paving $ lj 4.q 3rj " 11. Concrete Paving $ Q� 12. Antenna $ �r.51o8� 13. Painting and Coatings $ ‘409 14. Landscaping $ /l! ?r.� 15. Fencing $ ©, 4' 16. Labor & Material Bond $ .2 `- /223 17. Maintenance Bond$ 18. `Other' not included above $ Describe other: ARTICLE 5 - CONTRACT TIMES c en 5.01 Bidder agrees that the Work will be substantially completed and ready for fmal payment within the number of calendar days indicated in the Agreement. 00400 -Bid Form.doc 00400 — 5 RJN Project No. 11-1875-02 DOCUMENT 00400 - BID FORM (continued) 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6 - BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: Required Bid security in the form of a certified or bank cashier's check or a Bid Bond and in the amount of .5% Dollars ($: ), B. Required Bidder's Qualification Statement with supporting data (DOCUMENT 00140 - Bidder's Qualification Statement). C. Manufacturer's data where called for in Specifications (DOCUMENT 00450 - Equipment Questionnaire). D. DOCUMENT 00430 - List of Subcontractors. E. Contractor's Act of Assurance Form, RLE -52. F. MBE / WEE Compliance Evaluation Form, RLF-96. ARTICLE 7 - COMMUNICATIONS 7.01 Communications concerning this Bid %hall be addressed to the Bidder as follows: ,TL BRYSO' ,%t- to gay ivn �C/u vr-sviu..5, /la 727,0 Phone No. A-979- 92/y -3220 FAX No. /- t'79 - 9,27-93/3 00400 -Bid Form.doc 00400 — 6 RJN Project No. 11-1875-02 i DOCUMENT 00400 - BID FORM (continued) ARTICLE 8 - TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. SUBMITTED on 47/2/L 20 (. Arkansas State Contractor License No. D03,27/007 If Bidder is: An Individual Name (type or printed): By: (SEAL) (Individual's Signature) Doing business as: Business address. Phone No.: A Partnership. Partnership Name: FAX No.: (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: FAX No.: 00400 -Bid Form.doc 00400 — 7 BINProject No. 11-1875-02 DOCUMENT 00400 - BID FORM (continued) A Corporation Corporation Name: ♦ J L%% Bj2,/5,t/ /NC. (SEAL) �� State of Incorporation: /V,(7 AI.4/Sitli Type (G By: usiness, Professional, Service, Limited Liability): S / (Signature ch evidence of authority to sign) e (type or printed): . )u{, Sjpl/ 84i'a) Title: (26,,W!2 /74_212:0C417-- / (CORPORATE SEAL) Attest (Signature of Corporate Secretary) Business address: fa 8Ox /4'79 - Sp, 4I7/5d t%,,e/70 4/40-5V/.21-5 //1 727/10 Phone No.:779- 9.77-3220 FAX No.: 4'79 -9.27-33/J END OF DOCUMENT 00400 • 00400 -Bid Form.doc 00400 — 8 RJN Project No. 11-1875-02 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A370 Bid .Bond KNOW ALL MEN BY THESE PRESENTS, thatwe- JL Bryson, Inc. Mere in rt lull name ind. add,naoi Ie$I title of Contracto,) P.O. Box 1479, Huntsville, Arkansas 72740 as Principal, hereinafter called the Principal, and' 'United Fire & Casualty Company mere inun wo name ,Ma address oi.le_pl.tiile.o(Samry) P.O. Box 73909, Cedar Rapids, Iowa 52407 a:corporation. duly organized under the laws. of the State: of Iowa as Surety, hereinafter called the Surety,,ate held, and firmly bound unto (Here of Farmington ere inset lulfname and addreu'ot leg l tidr.ei'O.nen Farmington, Arkansas as:Obligee, hereinafter called the -Obligee, in. the sum of Five Percent of Bid Amount .Dollars C5% ), for the payment of which sum well and truly to be- made, the said•Principal aitd the said.Surety,.bind ourselves, our heirs, executors, administrators, successors and assigns,•jointly. and severally,,firmly by :these presents. WHEREAS, -the Principal has submitted,a bidfor Double Springs Lift Station, Farmington, AR Mete inserTfull name.. address and description of project) NOW,: THEREFORE, if the Obrgee shall accept the bid of the Principal and the.Principalshallenter into a_Cononct with the. Obligee in accordance with the terms-ofsucbrbid, and give such bond or:bonds as maybe specified in the bidding or Contract Documents with good and -sufficient surety for the faithful performance=ol such Coniaq and for the prompt payrnenrof labor and material furnished hi the prosecutionthereof„or in the event .of the:.failure of the Principal to enter such Contract and we inch bond of bonds, if he. Pnnopal-Shall pay tri -the Obligee the difference not to exceed the penalty hereof between the amount specified in said bidand such.I rger amount lor!which the Obrgee may n good faith_contract with another party to perform the Work covered by saidb dr then this obligation Shall he nul and void, otherwise to terrain. in lull force: and. effect: Signed and sealed :this (Witness) f Witness) 8th d: _ of April, 2008 (Principal)(Seal) o - - Ride) United Fire & Casualty Company (Surety) (Seal) Qyri ti- SylvJ A. Young f ney-In-Fact AA.DOCUMENJ A310 • 81D BOND• AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE 'Or ARCHITECTS/173S N.V. AVE.; KW.. WASHINGTON; D.C. 10006 Printed nn Recycled raper 9193 1 i• n UNITED FIRE & CASUALTY COMPAN-19 Y *HOME;OFPerk CEDAR RAPIDS .IOWA 7 • CERTIFIEDCOPY:OF POVJEI�.OF�ATTORNEY (Original onside at Home Office ofCCompanyi See Certification pg�, ,x.$ „ ,,• _ " i KNOW:ALL MEN BY THESE;PRe5ENTS ,That the UNITED FIRE •t& CASUALTY COMPANY• a •corporation dulyorganrzed_.and ;:. texisifn under the laws of the State of Iowa ;and haVing.its'pnnipal ottice,m Cedai Rapids State ofllowa :does make .htu conste end;appgirit MICHEL>DYi HALTER POR;KEVIN`. M BRUICK OR.: RICHARDYR' IRVIN OR+SHERRY. C JAGGERS 2DR CARLA ye. $ HOlL1S OR°'CHARLES ALLEN OR Bell'5MITH,j O2...6ALE sTEMPLB OR''SYLVIA A: YOUNG OR!TIMDTHY'P '_.... FARRELL, OR. ROLFE. KENNEDY', ALL INDIVIDUALLY of LITTLE ROCK AR- - Iltsytrue and lawful Aftorney(s)-in-Pact with' power and authorityxhereby conferred; to sign, seal end exe eutenn its behal ;:"t. bgnds undertakintgs and other obligatory instruments of Stmtlar, nature •:as foIIIows ,Any and Al 1 ndsc ,i and t b rid UNITED FIRE,B`CASUALTY COMPANY theteby as fully and to the same etent. as :f suchtinstruments.were srgned,by '. ,., the duly'authorized'officers oYUNITED FIRE & CASUALTY`COMP,ANY; and all�fhe'acts of said rAttorriey; pursuant to'the.authority. hereby given are hereby ratified and confirmed ti K• ",> The"Authonty,he etiyagranted is continuous and shall remain infulj.force and-effecCuntilxrevoked by UNITED FIRE 8't CASUALTY COMPANY �„ k i •'rM -, a, r :., �' s `z " F ;This power of Attorney is`made and executed pursuant to andby author�tty of the tollawtng BylLaw duly atlOpted by Boardof • Direelors of the Company on Appl;18 �ib73 ib; ? r.: 'r_ <* r;? '•* •, • u •• L.J Yr•Article V Surety Bonds andrUndertakings r r k Section 2; Appotntmentlol Attorney=in=Fact ""The President' or any Wee Presitlent' or'any other officer ofthe. Companymay from time tetime-appoint by written certificates attorneys infect:to act in behalf of the Company m: theexeetition ofpolicies • w of insurance. bonds undertakings ry :and other obligatomstiuments ot,like nature. The signature qt any;aifder authrorjiedt t.; xhereby and theaCorporate seal, ,may be affixed by facsimile to any power of attorney or special ipowet xof attorney ori' certdfcationxof either authorized hereby; such signature. and seal when soused, being adopted �byrthe3Company as they original signature of suchidfficer and`tlie original`seal of the -,Company -to be valid and bindtngtupon thesCompany with the k . s�ame force':and effect as though manually affixed Suchattorneys-in fact.:.subject tc� thseT,I �tahanssetflortrian schen . ; t;v <<'S raspece cgrtftcatesgflOhority:.shall have fuii_power to hind 1he;Company;by then signaturetand exedetiot-bf anysuch ,x instruments:and to attach the seal ofthe Company thereto::; The President orany Vice President, the Board:of Directors or any other officertof the C,00mpany may at any time revoke allfpower arid,authonty previously given to any attorney in fact. •Y�stm. ;\\,,,\ IN, WITNESS WHEREOF ,tli&UNITED:FIRE &•CASUALTY. COMPANY hasu cased thesepres nts:to besigryed by; c.:"u„ tts,vice president and its corporate seal to be heretoatfixed-this 26th day gftSeptember f .2"691;i;• f all; lav✓fuf ••••UNITED FIRE & CASUALTY COMPANY 4 am`, SE aL / d r ..t$..' 4 I . kArl\K\ S• • S �`C • PP tin :“1.:1 "‘-•-• " 4e k BY �1>w_ r,at�. x 2, `<,. State of Iowa County_of Linn tisu` 0n 26th day fof Septemt$er X2007, before me persona lly..came'"'Dennis J Richmann x% t : ,e Bro• wn &who being,by me duly sworn, did depose:.and sayrthat he resides m Cedar Rapids State of Iowa that he is. aViwe''°': Presideniatrlhe UNITFDFIRE8_CASUALTY COMPANY, the corporation described in and which executed&the abo\rs;insirume'r,Lt,Sthai he•knows-the sealiol said_ corporation; that the seal affixedto the said instrument is suchcorporate'seal tt?atit :Linia9 so. affixed-: pursuant td • authonty.given by th T(Board of Directors,of said corporation and. -that he signed hiie name thereto'pursuano- h tjtke�,i„ authonty,and;ecknuwledges same to be the act d d aneed of said corporation ." r ° " e'. -Presider M ry A 144se a Sear • e s io m unumtee -' riaal s � Mr Ccmmµ& 9 a^ NotaryN tit e'. the undersigned omcer, of the: UNITED FIRE & CASUALTY COMPANY do hereby certify that I have compared ilia fOregomgrcopy of the,Powat of Attorney and atfdawt and the copy nf',the Section: oithe�,by taws of sard_Company a"ssetforth_id said Power at Attomey%hvnth ,Elie ORIGINALrS --N FILE IN ,7sHE HOMEOFFICE' QF SAID COMPANY and that ilia same a're correct transcngtst,% effee and of tbb Wfiolerot-the>saitl ond.girials and that the said Power of Aftorrney hasynot been;revoked antl i`s now:,in fu`ftFfo ce;�and K.. L s21 .t..ry a a ;.. n¢ r4* -:(4,..1.;"«., y �•„ i fi? c;>Ltir7. h In testimony,�whereof 1 ha heret?flto • subscribed my < e andaffixpd`the corporate sa{ of the Bard CompanyZ� �\ a this �':� day of 'I4..}^ 20.!� 4 h A r5 ql O^ !f :1“40,14.444.o. 1 aaOnn,n : BPOA00190706 see: recerii DOCUMENT 00430 - LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for Protect No. WL -12, Double Springs Lift Station. Bidder certifies that all Subcontractors listed are eligible to perform the Work. List any subcontractors not described. Subcontractor's Work Subcontractor's Name License No. Work. Comp. EMR % of Contract Value Excavation/Grading 1/472_ &z7.56,1/2/ / % l0 6f' Concrete S _.r/ dal// /s ,✓53.0. D/ y Painting/Coatings/lNS AwmpL 4223vo$, Metal Fabrication s/2ysN ,4$X n. 7Z atn Electrical ttriG#6 co1 n % Instrumentation /tits i_ V 1 c C�jzy Piping 8Rys»j%Sl0' Ji-- Fence 4te / g Landscaping /?. _ nose ,,f/ P1 i L &pi/X NOTE: This form must be submitted in a. . w e with Instructions to Bidders. 00430 -List of Subcontractors 00430 - 1 RJN Project No. 11-1875-02 RLF-52 (11-7/01) CONTRACTOR'S ACT OF ASSURANCE FORM As the authorized representative of the individual, incorporation, or corporation (heremafter referred to as the company) bidding on or participating in the Revolving Loan Fund (RLF).financed project, I certify that I have read and understand the requirements of the Revolving Loan Fund Supplemental Conditions and that the principles, agents and employees of the company will comply with these requirements including all relevant statutes and regulations issued pursuant thereto. I further certify as the authorized agent of the company that: MBE/WBE During the bid process and throughout the performance of the Contract, whenever subcontracts are to be awarded, I will take the,6 affirmative steps described in the Supplemental Conditions to utilize minority and women's business enterprise (MBE(WBE) firms wherever possible. I will document to the borrower and ASWCC all efforts to secure MBE/WBE participation including follow-up efforts and will report to the Owner the dollar value of all MRWWBE contractsand subcontracts awarded. EQUAL OPPORTUNITY I will comply with all requirements of 41 CFR Chapter 60 and Executive Orders 11246 and 11375, including inclusion of allrequiredequal opportunity clauses in each sub -contract awarded in excess of $10,000 and I will furnish a similar statement from each proposed subcontractor, when appropriate. I will also comply with all Equal Employment Opportunity requirements as defined.by Section 504 of the Rehabilitation Act of 1973; the Age Discrimination. Act of 1.975; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 regarding sex. discrimination. NONSEGREGATED FACILITIES The company that I represent does not and will not maintainany facilities provided for its employees in a segregated manner, or permit its employeessto perfonnaheir services at any location under company control where segregated facilities are maintained; and that the company will obtain a similar certification prior to the award of any subcontract exceeding 510,000_ which is not exempt from the equal opportunity clause. LABOR STANDARDS I will comply with the Labor Standards Provisions contained in the RLF Supplemental Conditions and furnish weekly payrolls and certifications as maybe -required by the Owner to affirm compliance. I will also require that weekly payrolls be submitted to the Owner for all subcontracts in excess of $2;000.' OSHA REQUIREMENTS I will comply with the Department of Labor Safety and Health Regulations promulgated under. Section 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327-333) in the performance of the contract. PROCUREMENT PROHIBITIONS As required by Executive Order 11738, Section 306. of the Clean Air Act and Section 508 of the Clean Water Act, I certify that I will not procure goods and services from persons who have been convicted of violations of either law if the goods or services are to be produced by the facility that gave rise to the violation. Page 1 of 2 RLF-52 (R-7/01) DEBARMENT AND SUSPENSIO' I certify that to the best of my Imowledge and belief that the company that I represent and its principals: (a) (b) Are not presently debarred, suspended, proposed for debarment, declared ineligible; or voluntarily excluded'from covered transactions by any Federal department or agency; Have not within a three year period preceding this proposal been convicted of or had a civil Judgement rendered against them for commission of fraud or a criminal offense inconnection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission ofenibezzlement theft; forgery, bribery, falsification or destruetion of records; making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity:. (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or mote public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certificatlonregarding debarment and suspension may be . grounds for refection of this proposal or termination of the award. In addition, under 18 USC Sec. -1001,.a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both: I further certify that 1 will obtain a similar certification for each subcontract awarded in excess of $25,000. AUTHORIZED REPRESENTATIVE COMPANY NAME: SIGNATURE: DATE: �/' 7-0e? PRINTED j; 1 : I /N �L : TITLE: >refi/brfre 424./F/Z Page 2 of 2 RLF-96 (R-7/01) MBE/WBE COMPLIANCE EVALUATION FORM SUPPLEMENTAL CONDITIONS OF THE REVOLVING LOAN FUND (Bid Package Documentation) Bidders are to complete this foam and submit with the bid proposal. A condition for remaining in competition for award is the satisfactory completion of this form. The undersigned submits the following data with respect to the firm's efforts to meet the Arkansas Soil and Water Conservation Commission's goal for MBE/WBE participation. 1. Name of Project: Wastewater System Improvement Project ContractNo.: - WL -6 RLFProject No. CS -050808-03 2. Name of General Contractor%% J L 5.2/50 A/ 4c, 3. MBE/WBE Firm: JTC.2/.//L.0 /vlypNAALI /11P/A/61j4•iy/,c/,/y arae) (Complete a sepadte form for each MBE/WBE to be used as a subcontractor) /925 . Tx.r>N �osfvrus- 5, QAndei41e zessw City, State, Zip Code) 6779-4/6?tre (Address) 4177-'1768 2579 (Phone Number) (Fax Number) 4. Describe Work to be performed by the MBE/WBE, provide dollar amount of the subcontract. rair A//ilir DOCUMENTATION OF AFFIRMATIVE STEPS TAKEN TO OBTAIN MBE/WBE PARTICIPATION (TO BE COMPLETED IF THE MBE/WBW GOALS ARE NOT OBTAINED ) 5. Documentation that MBE/WBE quotes were solicited through direct mail and other advertising sources, documentation of follow-up action for firms not responding; and documentation of responses received (both positive and negative responses). 6. What sources were used to identify potential MBE/WBE firms. (Arkansas Highway and Transportation Department; Arkansas Industrial Development Commission's Minority Business Development Division; U.S. mall Business Admtprstration; other so ces, please specify and rovide documentation) fin/IA/SA 048644/ � igrod 7. Describe steps taken to divide work items into small tasks in an effort to maximize MBE/WBE participation. 8. List reasons for rejecting a MBE/WBE that indicated a desire to participate and/or submitted bids. The undersigned hereby certified, having provided responses or documentation to the questions in the foregoing affirmative steps taken to obtain MBE/WBE participation that they are true and correct to the best of her/her knowledge, information and belief. Name of General Contractor. Signature: Title/Date: or