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HomeMy WebLinkAbout204-15 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 204-15 File Number: 2015-0492 BID NO. 15-51 CROSSLAND HEAVY CONTRACTORS, INC.: A RESOLUTION TO AWARD BID NO. 15-51 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $1,725,071.42 FOR THE CONSTRUCTION OF THE MAPLE STREET AND LAFAYETTE STREET BRIDGE REHABILITATION PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $172,507.14, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 15-51 and authorizes a contract with Crossland Heavy Construction, Inc. in the amount of $1,725,071.41 for the construction of the Maple Street and Lafayette Street Bridge Rehabilitation Project, and further approves a project contingency in the amount of $172,507.14. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 11/3/2015 ApprovpM Attest: City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2015-0492 Agenda Date: 11/3/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 8 BID NO. 15-51 CROSSLAND HEAVY CONTRACTORS, INC.: A RESOLUTION TO AWARD BID NO. 15-51 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $1,725,071.42 FOR THE CONSTRUCTION OF THE MAPLE STREET AND LAFAYETTE STREET BRIDGE REHABILITATION PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $172,507.14, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 15-51 and authorizes a contract with Crossland Heavy Construction, Inc. in the amount of $1,725,071.41 for the construction of the Maple Street and Lafayette Street Bridge Rehabilitation Project, and further approves a project contingency in the amount of $172,507.14. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 111412015 Paul Libertini Submitted By City of Fayetteville Staff Review Form 2015-0492 Legistar File ID 11/3/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/14/2015 Engineering / Development Services Department Submitted Date Division / Department Action Recommendation: A Resolution to award a contract in the amount of $1,725,071.42 to Crossland Heavy Contractors, Inc. for the construction of the Maple St. & Lafayette St. Bridge Rehab, approve a project contingency of $172,507.14 (10%), and approve a Budget Adjustment. Budget Impact: 4520.9555.5817.00 Sales Tax Construction Bonds Account Number Fund 06035.1101 Lafayette & Maple Bridges Project Number Project Title Budgeted Item? Yes Current Budget $ 305,312.00 Funds Obligated $ 297,575.08 Current Balance Does item have a cost? Yes Item Cost $ 1,897,578.56 Budget Adjustment Attached? Yes Budget Adjustment $ 1,897,579.00 Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: S CITY OF 7ay • le ARKANSAS MEETING OF NOVEMBER 3, 2015 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer FROM: Paul Libertini, Staff Engine g / DATE: October 14, 2015 SUBJECT: A Resolution to award a contract in the amount of $1,725,071.42 to Crossland Heavy Contractors, Inc. for the construction of the Maple St. & Lafayette St. Bridge Rehab, approve a project contingency of $172,507.14 (10%), and approve a Budget Adjustment. RECOMMENDATION: Staff recommends City Council approval awarding a contract in the amount of $1,725,071.42 to Crossland Heavy Contractors, Inc. for the construction of the Maple St. & Lafayette St. Bridge Rehab., approval of a project contingency of $172,507.14 (10%), and approval of the attached Budget Adjustment. BACKGROUND: This project is located in central Fayetteville on the east side of the University of Arkansas campus on Maple Street and Lafayette Street over a single track of the Arkansas & Missouri Railroad. It is the intention of the City of Fayetteville to restore both historic bridges to their original beauty and to thus set a high example for restoration for a municipality in Arkansas and the United States. On February 16, 2011 in response to a letter from the City requesting federal funding for the Maple and Lafayette Street historic bridges, the City received a letter from the Arkansas State Highway and Transportation Department advising that the subject bridges qualify for funding from the Federal -aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) to restore both bridges. The HBRRP utilizes 80% Federal -aid and 20% local matching funds with a limitation of $1 million in Federal -aid available per project. Mailing Address: 113 w. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: On October 6ffi, the City received two (2) construction bids ranging from a low of $1,725,071.42 to a high of $1,812,370.53. Crossland Heavy Contractors, Inc. submitted the low bid which was approximately 25% above the Engineer's Estimate of $1,379,137.86. The City has received a written recommendation from our consultant engineer, McClelland Consulting Engineers, Inc. to award this contract to Crossland Heavy Contractors, Inc. and staff concurs with this recommendation. The contract time is 180 days (6 months) for substantial completion. Please note that as part of the Federal -aid process, the Mayor will be submitting the required Certification Letter to the Arkansas State Highway and Transportation Department (AHTD) requesting their review of the bid tabulations and concurrence in award of the contract to Crossland Heavy Contractors, Inc. The actual execution of the construction agreement will occur after receipt of AHTD concurrence. BUDGET/STAFF IMPACT: This project is based on an Agreement Of Understanding with AHTD in which Federal -aid money will pay 80% of the total project up to a maximum of $1 million. Approximately $223,257 has been spent on design, leaving approximately $776,743 in Federal -aid for construction. Remaining construction costs and contingency will be from the State Bridge Cost Sharing Project in the Sales Tax Capital Improvements Fund ($475,906) and from the Bond Program Fund ($644,930). REECIONSULTINGMcCLELLAND ENGINEERS, INC. October 7, 2015 Mr. Paul Libertini, P.E. City of Fayetteville 113 West Mountain City of Fayetteville, AR 72701 RE: Maple Street and Lafayette Street Bridge Rehab Dear Mr. Libertini: 1810 N. College Avenue P.O. Box 1229 Fayei[eville,AR 72703172702-1229 479-443-2377 • FAX 479-443-9241 www.mccielland-engrs.com Tuesday, October 6th we opened bids on the Maple and Lafayette Street Bridge Rehabilitation Project and we received two responsive bids. Crossland Heavy Contractors, Inc. from Columbus, Kansas is the low bidder with a bid in the amount of $1,725,071.42. The certified bid tabulation detailing both bids is attached for reference. We have reviewed the bid and have experience with their work on several successful projects; therefore, we recommend awarding the bid to Crossland Heavy Contractors, Inc. in the amount of $1,725,071.42. Please do not hesitate to call should you have any questions and as always, thank you for allowing us to be of service. Sincerely, McClelland Consulting Engineers, Inc. Daniel Barnes, P.E. President, Fayetteville enclosure U) 0 LL. C4 LO V) LU 0 LL. vd J o 0 m LL mcc lJ 2 O C' 99 C' '2 4LM"JIMI 0�moa co 'D .9 m@ m 0 -6 , t�, n (D c> 0 c. C� g " C, 0 �4 a a u3 C. 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A' M N UU"p m m.�.= w Il W _m _ U SI5�27] o o 0 @ �UJC7�Ma9m ca 9c m a €'i m C4 mS P- comiv "a CN rainclpto m m. coocnmr v vcocf, a. 0-1a. as a a a aa.a uh u7 co m co cn co 0 0 In co N O r O LLJ F- J N W W 2 ❑ Cl) 2 ❑ CO) C!1 fd W Q W m J N W0 J W 7 = ❑U W N 2 U N DOCUMENT 00400—BID FORM (ADDENDUM 2 Contract Name: Maple Street & Lafayette Street Bridge Rehab Bid Number 15-51 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: I Bidder: (. osSAoi} Refkv 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. 1.02 The City intends to award the lowest responsive responsible bidder based on the evaluation of the SLIM of Schedule 1 and Schedule 2. Bidders shall bid all Schedules (Schedule 1 and Schedule 2). Failure to bid on both schedules shall result in bid rejection. 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 Fonn 00400— 1 FY 1321 1 1 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 I _._ Z` 9 l- is 2 _ 9 -lo -15 3 9 -10 -Is 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. D. Bidder has carefully studied all: (I) 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 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. 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 00400 -Bid Form — Addendum 2 00400-2 FY 13211 1 furnishing ofthe 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. 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. 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 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. 00400 -Bid Form — Addendum 2 00400-3 FYI 321 1 1 L. Bidder will perforin 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 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): A. Unit Price Schedules. The Bid Form includes two separate and complete schedules, Schedule I and Schedule 11. The Contractor shall complete all parts of both Schedule 1 and Schedule Il. Failure to complete all parts of both Schedule I and Schedule II shall render the bid non-responsive. B. Unit Price Schedule 1. Bidder acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. 00400 -Bid Fonn — Addendum 2 00400-4 FY 1321 1 l SCHEDULE 1 - MAPLE STREET BRIDGE AHTD ITEM NO. ITEM QTY. UNIT UNIT COST EXTENDED COSI 202 Removal &Disposal ofConcrelc Curb & Gutter 283 1 1' 1J" 9iHfftf 5. �(� 202 Removal & Disposal of Concrele Walks 1 I 1 SY 3 SHA 7 � 210 Unclassified Excavation 92.6 Cy q �[, 210 Subgrade Pre aration 0.8 STA 7-(( 00 kH HN Z FA 303 Aggregate Base Course (Class 7) 23.2 TON �, :4H 74�- 7 l� r 401 Tack Coat 2.79 GAI -La $t1 0 55.' Co 407 Mineral Aggregate in AC[ IM Surlace Course (1/2") 3.62 TON Co 2C7 407 Asphalt Binder (PG64-22) in ACI IM Surlitce Course 0.21 VON 'fo( s9fftiH Q �C� 412 Cold MillinE Asphalt Pavement 57.88 SY 'Z'? 9(}HH "3• 1,2- Z501 501 Portland Cement Concrete Pavement (8" Depth) 13.01 SY 501 Portland Cement Concrete Pavement (10" Depth) 49.45 SY to 5 521 Concrete Curb (Type A) 142 I.1 3U $4)4 9� �) Go 601 Mobilization I t S 27 5,-000 - Qr6 >t 603 Maintenance of Traffic I I S t.(c 000 Y11(7Q (/ 0(-- 604 Sins 227.5 S6 —7 9trTrct 3 g( 1.5 604 Barricades 64 LI 621 Sand BaE Ditch Checks 16 IIA(; 1-7c '{iiY.T*k2- 7 ILp 633 Concrete Walks 111.2 SY 23 CA 3!UL)-Q/ !o 641 Wheelchair Ramps (Fype 6) 40 SY t -20 *4410- Q q 's`+ 636 Bridge Construction Control I I S V+"?r G 0 ',0 710 Non Metallic Conduit (1") 211 11• $'t}+)hf 7 7 r7 719 Thermoplastic Pavement Marking (Whi(e) (12"1 13 1 1 S 719 Thermo lactic Pavement Marking (Yellow) (4") 208 1 1 y;i111Q 14 e,G 719 fhenno Iastic Pavement Marking (While) (24") 40 1 1 9 (} $0444 Z cc, 802 Class S Concrete - Bridge 20 CY 6 ('s i t 2 } L)[`,) 802 Grooving 160 SY S1� K4Wo $1, VC 803 Class 1 Protective Surface'Frealmenl 4 GAI, I-LtCL� $+H+o V,( 803 Class 3 Protective Surface'l),catmenl 287 l,1- 5 6 804 Epoxy Coated Reinforcing Steel (Grade 60) 1200 I.BS 809 Silicone .loint Sealant 278 1,1= 6 5 $*4+H Lre7[ 821 Modification ol•Existing Brid�c Structm•cs I I'S I coo *+44) 14, (re, SP Ilydrodemolition 239 S1, Zz-S $(Yr}t) S3 75 SP (Bridge Deck Re air 261 S1' 3�2- yG4yy 7� SP Later Modified Concrete Overlay (I 3/4" "thick) 160 SY S $5- p� SP Concrete Re air 30 C'I' z?5 kc}fiP 4', 2 rc; SP Clean Bridge Name Plates 2 960 SP lighting fiXtureS 4 VA JZ, bac. s(T..Tm w C� SP Graffiti Protection Svstem t I'S f $ 43ty,r s SP Ornamental Concrete Bridge Barrier 21 1.F 7 c> ++HE} t S• 7CC SP Slab Drains 4 I.A `i(02-1 5;4}c)0 12 [i({> SP Railroad Requirements I I'S 2�L,&e)v 29,( 'Cto SP Fla ino Services 200 IIRLY $90,00 $18.000.00 SP Overtime Flagging Services 40 I IRLY $135.00 $5.400.00 SCHEDULE 1 - MAPLE STREET BRIDGE TOTAL $23,400.00 00400 -Bid Form - Addendum 2 00400-5 FYI 321 1 1 r i �S SCHEDULE 2 - LAFAYETTE STREET BRIDGE AHTD ITEM NO. 202 I ITEM Removal & Disposal of Conercte Curb & Guller QTY. 5,19 UNITUNIT 1.IC�mv COST EXTENDED COST yiHtfll tQ Y ' 202 Removal & Disposal ol'Conercle Walks 270 SY 7 4itHFF 9 210 Unclassified Excavation 70.1 210 SubgiadcPreparation 0.9 S'IA 2 iit�'L,24c 303 Aggregate Base Course (Class 7) 88 8 I ON 3r 1Nt)H p117 401 Prime Coal 71.72 oAl i(f2- 401 rack Coal 2-1.93 (;AI z t xrrnlr X23 . 406 Mineral Aggregate in ACI IM Binder C'omsc (1") 37.27 I ON 406 Asphall Binder(PG64-22) in ACI IM Binder Comsc 2.17 I'ON 407 Mineral Aggregate in ACI IM Surface Course (1/2") 27.74 1'0N u toC? UHM 11,-7 - -107 Asphalt Binder(PG64-22) in ACI 1M surface Course 1 61 I ON L.l( C) 4(- O yo G . 412 Cold Milling Asphall Pnvemcn i 70.03 Sl' 2, 9;f"o B 521 Concrete Curb (l vpe A) ¢ 13 1 1 S4+0- 9 c' 601 Mobilisation I I.s 61 COO 'S(;`NFfV 603 Maintenance of-I-rallic I I S y, OQ11"% y0.11lY�ES CJc 604 ilgns 236 S! a 7 U400-1,012 604 Barricades 56 1,1 n &(l NN 1,690 621 Sand Bag Ditch Checks 25 BAG J (tjC7 ")z4'0x 624 Solid Sodding 6.39 SY W4)t)223.� 633 Concrete Walks 159.3 SY s+F+lFf ;q 636 Bridgc Construction Control I I's 2©O .4 HH 6 200 641 Wheelchair Ramps (T:vpe 3) 4.S SY (S (o S(ktl(1 70 710 Non Metallic Conduit (1") 452 L1 3 7 Stt17R l 6 174 719 l-hermopIasi ic Pavement Marking (Yellow) (4") 684 L1 7 6H NA L-( 78 802 Class S Concrete - Bridgc 18 ,IF,yi 802 Grooving 258 SY ,1Q 803 Class 1 Protective Surfacc'Freauncin 5 (iA1 165 qV-5 803 Class 3 Protective Sm face'I'reatmcnl 504 l V 1 e,, *f)-" 7,67 804 Epoxy Coaled Reinforcing Steel (tirade 60) 990 1 11 U"4 X? 70 808 F..Iastomeric Bearings 2700 CI IN l Z 5i4}4iH3 2 Q 809 Silicone Joint Sealant 40 I.l 4tv 41 ~NN wco 821 IVlodificahon of lixls(ing Brldgc Structures I LS 1.1 ,pOU �i(�%laF lits SI' Ilydrodemolilion 309 SY 12-3 C4,5 SI' Bridge Deck Repair 100 SP Latex Modified Concrete Overlay (I 3/4"'thick) 258 SY fi Oc AQ /} Do . SP Concrete Repair 50 1' Z,T 5 4OAO I i` 7 5P Railing Restoration_ I I 7r,oeao 5(1111) 75�' S1' (-'lean Bridge Name Plates 2 1 A '),50 S"O X00 Sl' Lighting Fixtuies 8 1 A 'S(1.00 wo SP Graffiti Protcclion System I t S 5:-' 4exA 40.00 97C!0r S13 Retaining Wall Repair I ! S t+ (© v " 40.00 1470 SI' Railroad Requirements II I S e4ro 40.00 Ae, r SP Flagging Services 200 IIRLY 490.00 418.()00.00 Sl' Overtime Flagging Services 40 1IRLY 4135.00 %5.400.00 Act 291. 1993 'french & Excavation Salcty System I LS (() 00 5CHtUULL2-LAFAYU ItSIKEEI BRIDUE 10IAL 523,400.00 00400 -Bid Form — Addendum 2 00400 6 FYI 321 1 1 m MAPLE STREET AND LAFAYETTE STREET COMBINED TOTAL (SCHEDULES 1 & 2) ARTICLE 5 - CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. 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: A. Required Bid security in the form of a bank cashier's check or a Bid Bond and in the amount ofOF !6I'd Dollars B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. ARTICLE 7 - COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: Co Yv. bis (� toy 2 S Phone No. (O- ( (a3 "1 FAX No. a-0 42 C1- Z9 -7 7 00400 -Bid Form — Addendum 2 00400-7 FY 1321 11 ARTICLES - 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 �% , 20. Arkansas State Contractor License No. (X)(JQ3011 15 If Bidder is: An Individual Name (type or printed): By: _(SEAL) (individual's Signature) Doing business as: Business address: l'iu1nV No.: _ FAX No.: _I_Partnership Partnership Name: _ (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: _ FAX No.: 00400 -Bid Fomi — Addendum 2 00400-8 FY 1321 11 A Corporation or LLC %� "� Corporation Name: l,MSS� �(,l HMVN (SEAL) State of Incorporation:SG( s Type (General Business, Professional, Service, Limited Liability): General 6WKel-5 (Signature — attach evidence of authority to sign) Name (type or printed): A l'/1 u �e l 1 (CORPORATE SEAL) Attest:.`L"" mf � P Aro -s (Signature of Corporate Secretary) Business address: SDI 5 - V-1- f�VE r,+MbUh . C�C�72S Phone No.: (Cx-'td''I' I `L I 0 FAX No.: 77 END OF DOCUMENT 00400 00400 -Bid Form — Addendum 2 00400-9 FY 1321 1 1 DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: Maple Street & Lafayette Street Bridge Rehab Contract No.: 15-51 THIS AGREEMENT is dated as of the day of November in the year 2015 by and between The City of Fayetteville, Arkansas and Crossland Heavy Contractors. (hereinafter called Contractor). ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: Repair and rehabilitation of the Maple Street and Lafayette Street bridges for continued vehicular and pedestrian traffic, utilizing design specifications as close to original specifications as possible, so that the appearance and historic integrity of the structure will not be impaired. The scope of the Maple Street bridge includes, but is not limited to removal of 3/4 inches of bridge deck using hydro demolition and replacement with 1.5 inches of latex modified concrete overlay, localized substructure/sidewalk/barrier repairs, installation of bridge lighting features, and associated bridge approach reconstruction. The scope of the Lafayette Street bridge includes, but is not limited to, removal of 3/4 inches of bridge deck using hydro demolition and replacement with 1.5 inches of latex modified concrete overlay, localized substructure/sidewalk/barrier repairs, rehabilitation of existing retaining wall, installation of bridge lighting features, and associated bridge approach reconstruction. The Contract includes work in AHTD Right-of-way and work in City of Fayetteville Right-of- way. Refer to Section 00400 -Bid Form for quantities: 00500 Agreement 00500- 1 FY 132111 DOCUMENT 00500— AGREEMENT (continued) ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by McCLELLAND CONSULTING ENGINEERS, INC. McCLELLAND CONSULTING ENGINEERS, INC. assumes all duties and responsibilities, and has the rights and authority assigned to McCLELLAND CONSULTING ENGINEERS, INC. 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. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work will be Substantially Completed within 180 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 210 calendar days after the date when the Contract Times commence to run. B. Stage 1 (Maple Street Bridge) shall be completed in 90 days. Stage 2 (Lafayette Street Bridge) shall be completed in 90 days. Stages 1 and 2 shall not run concurrently. 3.03 LIQUIDATED DAMAGES: A. 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 00500 Agreement 00500-2 FYI 321 11 DOCUMENT 00500 — AGREEMENT (continued) 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 the amount stipulated in the Special Provision titled Liquidated Damages for working day contract 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 Liquated Damages as specified in Special Provision SP -108-1 titled Liquated Damages 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 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. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 00500 Agreement 00500-3 FYI 32111 DOCUMENT 00500 — AGREEMENT (continued) 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: A. 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. 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 of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently 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 will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and 00500 Agreement 00500-4 FY 1321 11 DOCUMENT 00500— AGREEMENT (continued) 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. 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. B. 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. C. 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. 00500 Agreement 00500-5 FY 132111 DOCUMENT 00500 — AGREEMENT (continued) 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 acknowledges 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. E. 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 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. F. 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. 00500 Agreement 00500-6 FYI 32111 DOCUMENT 00500— AGREEMENT (continued) 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. I. 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. J. 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 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. 00500 Agreement 00500-7 FY 132111 DOCUMENT 00500— AGREEMENT (continued) 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: MAPLE STREET AND LAFAYETTE STREET BRIDGE REHAB 8. The Arkansas Highway & Transportation Department's 2014 Edition of the Standard Specifications for Highway Construction 9. Addenda numbers one (1) to four (4), inclusive. 10. 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. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. 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 00500 Agreement 00500-8 FY 1321 11 DOCUMENT 00500 — AGREEMENT (continued) 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 Conti -actor 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. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the 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 costs pursuant to the FOIA may be assessed for this compliance. 00500 Agreement 00500-9 FY 1321 11 DOCUMENT 00500 —AGREEMENT (continued) IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two counterparts 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 identified by Engineer on their behalf. This Agreement will be effective on 2015, which is the Effective Date of the Agreement. CONTRACTOR CITY OF FAYETTEVILLE Crossland 1-1crivzoill , , tk Title: Title, .. �' (SEAL) Attest _ A-dd�ress for giving notices License No. 0067301 115 Agent for Service of process Lc (If Contractor is a corporation, attach evidence of authority to sign.) (SEAL) Attest 4 - Address for giving notices (attach evidence of authority t0 ��� •� •• ,► sign and resolution or other docEil) s YE17EVILLE authorizing execution of Agreen" 5� . ,�,•, ,�",� NSP �`�`.` iii1i i 10 '**0% . Approved As to Form: By: — — Attorney For: "t END OF DOCUMENT 00500 00500 Agreement 00500- 10 FY 1321 11 CROSSLAND HEAVY CONTRACTORS 501 S. East Avenue • P.O. Box 350 Columbus, KS 66725 tel 620.429.1410 rax 620.429.2977 Corporate Resolution BE IT RESOLVED: that at the monthly meeting of the Board of Directors of Crossland Heavy Contractors, Inc., held on the 25"' day of April, 2014, the Board of Directors did, by unanimous decision, authorize Mark Sell, Mike Kirk, Chris Walters, Jason Lundry, or Ivan Crossland, Jr. to sign on behalf of said Corporation all documents and papers pertaining to the business of said Corporation. All documents signed by Mark Sell, Mike Kirk, Chris Walters, Jason Lundry, or Ivan Crossland, Jr, on behalf of Crossland Heavy Contractors, Inc. slit [ b.. e;gally binding on Crossland Heavy Contractors, Inc. and their successors at I . tr Mark Sell, President ATTEST: Misty 1I rris. Secretary State of Kansas, County of Cherokee: Before me, the undersigned Notary Public in and for the County and State aforesaid, personally appeared Mark Sell, President of Crossland Heavy Contractors, Inc. a corporation duly organized and existing in the State of Kansas, and he acknowledged the same on behalf of said Corporation. In witness thereof I have set my hand and affixed my seal this 16"' day of October 2015. 42-1 Notary 1 ubhc My Commission Expires:HOLLY RHODES l Notary PuU1ic . Statc of Kansas MyAppt. Expires www.heavycontractors.com N Q 04 _0 N m 0 x N Q Iq �:. LL V' 0L6 0 NO N a n 64 n N 0 o C 0 C LO O W > N N r n C ru — a) p O � N O n O C f0 Z a) LTJ u m Ld � cm N O -0 —C N co M 7 �] N N LL O O .. _r_ N .. s O LJ x o n x m u o L Im 0 w 73F I-° a H O -00 a) O O o >, a o aE n n eo ao -C W N 0) Z N N N O V N _ C N V NO O1 O1 N U p p > C O N0 n 7 U Q N N n V o iL o ID `m c CD Cl - 0 — 0 LL W N U m U o o O o O o 0 0 0 0 N O N O O O O O O O O a O O O O O O O O O O ��yay7,5 Qi V N c &a 00 6149 GO U) En 6 en en to N x 1D En C s C U) W M o G1 m -0 o U Y U o `o N 0 i c O v m U 0 L 7 L a O C a7 C -aco 0 Q ciE r (U L 'm LL O - E C V 0O0 o Q7 a _ _3 N o c m t L N U 2 u C a a) o L 0. m n a, r_ 3 � ? ER `o > o ar ai C o ; Z cl) c O �+ Q U U) LL t L C C L4-- en U 3E N al 0 E 0 0 H s .4 d >+ CA n E o o Z Q C a w aa) V a a w °; L) O c rn Inc d O a C m C N Q o _ Q LO m 1L N Y=- C L] L] o 00 tLj a Od a6 (n v 0 - U m m U Q a a a a m c m` co n m C Q U O O a) °– N Cl) V N c0 r- 10 m T N a a CT w Q 2 U 0 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division: Engineering Adjustment Number 2015 Dept.: Development Services Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A resolution to award a contract in the amount of $1,725,071.42 to Crossland Heavy Contractors, Inc. for the construction of the Maple St, & Lafayette St. Bridge Rehab, approve a project contingency of $172,507.14 (10%) and approve a Budget Adjustment in the amount of $1,897,579. $475,906 is being transferred from the State Bridge Cost Sharing Program budget (03005), $644,930 from the Zion Road COUNCIL DATE: 11/3/2015 LEGISTAR FILE ID#: 205-0492 KeA/i Yv splri� 10/16/2015 8:11 AM Budget Director Date TYPE: DESCRIPTION: I GLDATE: RESOLUTION/ORDINANCE POSTED: TOTAL 776,743 776,743 v.20150925 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub AT Account Name 4470.0947.4309.00 - 776,743 06035 1101 RE Federal Grants - Capital 4470.9470.5817.00 776,743 06035 1101 EX Bridge & Drainage Improve 4470.9470.5817.00 (475,906) 03005 1 EX Bridge & Drainage Improve 4470.9470.5817.00 475,906 06035 1101 EX Bridge & Drainage Improve 4520.9555.5809.00 (644,930) 06035 2700 EX Street Improvements 4520.9555.5817.00 644,930 06035 1101 EX Bridge & Drainage Improve C:\Users\dmccoy\AppData\Roaming\L5\Temp\21 aedfl e-a5da-4448-x754-e3da2569e030 1 of 1 February 5, 2016 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 Re: Owner Contractor Protective Liability Insurance Policy Project: Maple Street & Lafayette Street -Bridge Rehab Effective: 12/04/2015 to 12/04/2016 To Whom It May Concern: We are pleased to enclose the captioned policy, as issued by the insurance company. We . recommend filing this with any prior policy versions, as the enclosed reflects form changes from last year's coverage. The current policy may reference but not include forms provided previously. An in-depth check of the enclosed has been completed. No changes have been requested. Please note the enclosed policy may not reflect endorsements you may have requested since coverage incepted. We recommend that you retain the policy in your permanent records as insurance coverage may respond to long term exposures. Please review the enclosed carefully: Should you have any questions or need additional information, please do not hesitate to call us. Thank you for your continued confidence in IMA! Best Regards, X::�-411 e— Kurt Frost, CRI, AIS Processing Account Manager (913) 982-3663 Risk Management, Insurance, Surety and Employee Benefits Dallas I Denver I Kansas City I Wichita www.imacorp.com Protecting Assets. Making A Difference sM IMA, Inc. dba IMA Insurance Services, CA Lic 901-164724 IMA, Inc. 51 Corporate Woods 9393 West 110th Street, Suite 600 Overland Park, KS 66210 Phone: 913.982.3650 Fax: 303.534.0600 TRAVELERSJ� Report Claims Immediately by Calling* 1-877-828-4132 Speak directly with a claim professional 24 hours a day, 365 days a year *Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for: CITY OF FAYETTEVILLE, ARKANSAS 113 WEST MOUNTAIN STREET FAYETTEVILLE AR 72701 TRAVELERS!' One Tower Square, Hartford, Connecticut 06183 TRAVELERS CORP. TEL: 1-800-328-2189 CONTRACTORS COMMON POLICY DECLARATIONS ISSUE DATE: 12/08/15 POLICY NUMBER: DT -PRS -4G420248 -TIL -15 INSURING COMPANY: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA 1. NAMED INSURED AND MAILING ADDRESS: CITY OF FAYETTEVILLE, ARKANSAS 113 WEST MOUNTAIN STREET FAYETTEVILLE, AR 72701 2. POLICY PERIOD: From 12/04/15 to 12/04/16 12:01 A.M. Standard Time at your mailing address. 3. LOCATIONS Premises Bldg. Loc. No. No. Occupancy Address ON FILE WITH COMPANY 4. COVERAGE PARTS FORMING PART OF THIS POLICY AND INSURING COMPANIES: OWNER CONTRACTORS PROTECTIVE COV PART DECLARATIONS CG TO 03 03 95 TIL 5. NUMBERS OF FORMS AND ENDORSEMENTS FORMING A PART OF THIS POLICY: SEE IL T8 01 10 93 G. SUPPLEMENTAL POLICIES: Each of the following is a separate policy containing its complete provisions: Policy Policy No. Insuring Company 7. PREMIUM SUMMARY: Provisional Premium $ 2,444 Due at Inception $ 2,444 Due at Each $ NAME AND ADDRESS OF AGENT OR BROKER: IMA INC (ET287) 51 CORPORATE WOODS 9393 W 110TH ST STE 600 OVERLAND PARK, KS 66210 IL TO 02 11 89.(REV. 09-07) PAGE 1 OF 1 OFFICE: EDISON COUN SIGNED BY: Authorized Representative -- DATE: PLEASE RETAIN THIS POLICY IN YOUR PERMANENT RECORDS TRAVELERV , POLICY NUMBER: DT -PRS -4G420248 -TIL -15 EFFECTIVE DATE: 12-04-15 ISSUE DATE: 12-08-15 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL TO 02 11 89 COMMON POLICY DECLARATIONS IL T8 01 10 93 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS IL T3 83 09 06 EXECUTION CLAUSE OWNERS/CONTRACTORS PROTECTIVE LIABILITY CG TO 03 03 95 CG TO 07 03 95 CG TO 08 11 03 CG TO 36 11 03 CG 00 09 10 01 CGD31711 03 CG 20 31 07 04 CG D3 58 09 15 CG D7 55 01 15 CG 00 63 12 02 CG 31 31 04 02 CG DO 76 06 93 CG T4 78 02 90 CG 29 23 11 01 CG 2951 01 96 OWNERS AND CONTRACTORS PROT LIAB DEC DECLARATIONS PREMIUM SCHEDULE KEY TO DECLARATIONS PREMIUM SCHEDULE TABLE OF CONTENTS OWNERS/CONTRACTORS PROTECTIVE LIABILITY AMENDMENT OF COVERAGE -POLLUTION ADD'L INS -ENGINEERS, ARCHITECTS, SURVEY EXCLUSION -SILICA OR SILICA -RELATED DUST EXCL-ACCESS OR DISCL OF CONF/PERS INFO WAR LIABILITY EXCLUSION FUNGI OR BACTERIA EXCLUSION EXCLUSION -LEAD EXCLUSION -ASBESTOS ARKANSAS CHANGES EMPLOYMENT-RELATED PRACTICES EXCLUSION INTERLINE ENDORSEMENTS IL T3 68 01 15 FEDERAL TERRORISM RISK INS ACT DISCLOSE IL T4 12 03 15 AMNDT COMMON POLICY COND-PROHIBITED COVG IL T4 14 01 15 CAP ON LOSSES CERTIFIED ACT OF TERRORISM IL 00 21 09 08 NUCLEAR ENERGY LIAB EXCL END -BROAD FORM IL 01 99 09 08 AR CHGS-TRANSFER OF RIGHTS OF RECOVERY ILT8011093 000520 PAGE 1 OF 1 This policy consists of this policy cover, the Declarations and the forms, schedules and endorsements listed in the Declarations. In return for payment of the premium, we agree with the Named Insured to provide the insurance afforded by this policy. That insurance will be provided by the company indicated as insuring company in the Declarations by the abbreviation of its name. The companies listed below (each a stock company) have executed this policy, but it is valid only if countersigned on the Declarations by our authorized representative. The Travelers Indemnity Company (IND) The Phoenix Insurance Company (PHX) The Charter Oak Fire Insurance Company (COF) Travelers Property Casualty Company of America (TIL) The Travelers Indemnity Company of Connecticut (TCT) The Travelers Indemnity Company of America (TIA) Travelers Casualty Insurance Company of America (ACJ) Secretary IL T3 83 09 06 (Rev. 09-08) 000521 President Page 1 of 1 OWNERS/CONTRACTORS PROTECTIVE LIABILITY 000522 VNERS/CONTRACTORS IOTECTIVE LIABILITY A1W TRAVELERS One Tower Square, Hartford, Connecticut 06183 OWNERS AND CONTRACTORS POLICY NUMBER: DT -PRS -4G420248 -TIL -15 PROTECTIVE LIABILITY ISSUE DATE: 12-08-15 COVERAGE PART DECLARATIONS INSURING COMPANY: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Declarations Period: From 12-04-15 to 12-04-16 12:01 A.M. Standard Time at your mailing address shown in the Common Policy Declarations. The Owners and Contractors Protective Liability Coverage Part consists of these Declarations and the Coverage Form shown below. The Common Policy Conditions do not apply to this Coverage Part. 1. COVERAGE AND LIMITS OF INSURANCE: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM LIMITS OF INSURANCE Aggregate Limit $ 2,000,000 Each Occurrence Limit $ 1,000,000 2. AUDIT PERIOD: NONE 3. FORM OF BUSINESS: CORPORATION 4. DESIGNATED CONTRACTOR: Name CROSSLAND HEAVY CONTRACTORS, INC MailingAddress P.O. BOX 350 COLUMBUS, KS 66725 oma^ 5. LOCATION OF COVERED OPERATIONS: MAPLE STREET & LAFAYETTE STREET BRIDGE REHAB r N O 6. NUMBERS OF FORMS, SCHEDULES AND ENDORSEMENTS FORMING PART OF THIS COVERAGE PART ARE LISTED BELOW OR ATTACHED AS A SEPARATE LISTING. m 0 r 0 c m CG TO 03 03 95 PRODUCER: IMA INC 000523 ET287 OFFICE: EDISON 06H DECLARATIONS PREMIUM SCHEDULE POLICY NUMBER: DT -PRS -4G420248 -TIL -15 This Schedule applies to the Declarations for the period of 12-04-15 to 12-04-16 It shows all of your known rating classes as of the effective date. Any exceptions will be so noted. This includes all locations you own, rent or occupy. CLASS PREMIUM DESCRIPT/ BASE/ ADVANCE LOC/BLDG NO. CODE NO. SUBLINE EXPOSURE RATES PREMIUM ST OF AR CONSTRUCTION 335 C-1,725,071 FLAT $2,444 OPERATIONS - OWNERS CHARGE (NOT RAILROAD) EXCULDING OPERATIONS ON BOARD SHIP/16292 .o *This class is subject to the prem/ops transition program If an "X" is entered in this box, these Declarations are completed on the Premium Schedule Extension CG TO 12, CG TO 07 03 95 Page 1 of 1 000524 KEY TO DECLARATIONS PREMIUM SCHEDULE ABBREVIATIONS: CLASS DESCRIPT — means CLASS DESCRIPTION LOC/BLDG NO. — means LOCATION/BUILDING NUMBER OPN NO. — means OPERATION NUMBER PREM/OPS — means PREMISES/OPERATIONS PROD/C-OPS — means PRODUCTS/COMPLETED OPERATIONS PREMIUM BASE: Key Letter Premium Base How Rates Apply a Area per 1,000 square feet c Total Cost per $1,000 of total cost m Admissions per 1,000 admissions o Total Operating Expense per $1,000 of total operating expenditures p Payroll per $1,000 of payroll s Gross Sales per $1,000 of gross sales t (see note* below) (see note* below) u Units per unit * Premium base t applies for a number of rarely used premium bases. The specific base and how rates apply are shown with the Class Description on the DECLARATIONS -PREMIUM SCHEDULE. CG TO 0811 03 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 1 TABLE OF CONTENTS OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM CG 00 09 10 01 SECTION I—COVERAGES Beginning on Page BODILY INJURY Insuring Agreement..............................................................1 AND PROPERTY DAMAGE LIABILITY Exclusions...........................................................................2 SupplementaryPayments......................................................................................................4 SECTION II—WHO IS AN INSURED..........................................................................................5 SECTION III—LIMITS OF INSURANCE.....................................................................:...............6 Bankruptcy..........................................................................................................................6 Cancellation.........................................................................................................................6 Changes..............................................................................................................................6 Duties in the Event of Occurrence, Claim or Suit..................................................................6 Examination of Your Books and Records.............................................................................7 Inspections and Surveys......................................................................................................7 LegalAction Against Us.......................................................................................................7 OtherInsurance...................................................................................................................7 Premiums.............................................................................. PremiumAudit.....................................................................................................................7 Separation of Insureds........................................................................................................8 Transfer of Rights of Recovery Against Others To Us...........................................................8 WhenWe Do Not Renew.....................................................................................................8 SECTION V—DEFINITIONS......................................................................................................8 CG TO 36 11 03 000525 COMMERCIAL GENERAL LIABILITY OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM - COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Various provisions of this policy restrict coverage. (1) The "bodily injury" or "property damage" Read the entire policy carefully to determine rights, is caused by an "occurrence" and arises duties and what is and is not covered. out of: Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and 'bur" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION I - COVERAGES BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages because of "bodily injury" or "property dam- age" to which this insurance applies. We will have the right and duty to defend the insured against any "suit' seeking those damages. However, we will have no duty to defend the insured against any "suit' seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit' that may result. But: (1) The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (a) Operations performed for you by the "contractor" at the location specified in the Declarations; or (b) Your acts or omissions in connection with the general supervision of such operations; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II - Who Is An Insured and no "employee" authorized by you to give or receive no- tice of an 'occurrence" or claim, knew that the "bodily injury" or "property dam- age" had occurred, in whole or in part. If such a listed insured or authorized "em- ployee" knew, prior to the policy period, that the "bodily injury" or "property dam- age" occurred, then any. continuation, change or resumption of such "bodily in- jury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. 'Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have oc-. curred by any insured listed under Paragraph 1. of Section If - Who Is An Insured or any "employee" authorized by you to give or re- ceive notice of an 'occurrence" or claim, in- cludes any continuation, change or resump- tion of that "bodily injury" or "property (2) Our right and duty to defend ends when damage" after the end of the policy period. we have used up the applicable limit of d. 'Bodily injury" or "property damage" will be insurance in the payment of judgments or deemed to have been known to have oc- settlements. curred at the earliest time when any insured No other obligation or liability to pay sums or listed under Paragraph 1. of Section II - Who perform acts- or.._services _is_ covered_ unless_ ... _ ____ -Is- An- Insured -or any -"employee" authorized - - explicitly provided for under Supplementary by you to give or receive notice of an "occur - Payments. rence" or claim: b. This insurance applies to "bodily injury" and "property damage" only if: CG 00 09 10 01 © ISO Properties Inc., 2000 000528 Page 1 of 9 COMMERCIAL GENERAL LIABILITY (1) Reports all, or any part, of the "bodily in- jury" or "property damage to us or any other insurer; (2) Receives a written or verbal demand or claim. for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" include damages,claimed by any person or organiza- tion for care, loss of services or death result- ing at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to "bod- ily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a con- tract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the ab- sence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" oc- curs subsequent to the execution of the contract or agreement. Solely for the pur- poses of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bod- ily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract'; and c. Work Completed Or Put To Intended Use "Bodily injury" or "property damage" which occurs after the earlier of the following times: (1) When all "work" on the project (otherthan. service, maintenance or repairs) to be performed for you by the "contractor" at the site of the covered operations has been completed; or (2) When that portion of the "contractor's "work", out of which the injury or damage arises, has been put to its intended use by any person or organization, other than another contractor or subcontractor work- ing directly or indirectly for the "contrac- tor" or as part of the same project. d. Acts Or Omissions By You And Your Em- ployees "Bodily injury" or "property damage" arising out of your, or your "employees", acts or omissions other than general supervision of "work" performed for you by the "contractor". e. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unem- ployment compensation law or any similar law. f. Employer's Liability "Bodily injury" to:. (1) An "employee" of the insured arising out of and in the ,course of: (a) Employment by the insured; or (b) Performing duties related to the con- duct of the insured's business; or (2) The spouse, child, parent, brother or sis- ter of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. b Such attorney This exclusion does not apply to liability as- ---------- O y fees and litigation ex- _ sumed--by-the -insured - under- an -"-'insured con --- penses are for defense of that party tract". against a civil or alternative dispute resolution proceeding in which dam- 9 Damage To Property ages to which this insurance applies "Property damage" to: are alleged. Page 2 of 9 © ISO Properties Inc., 2000 CG 00 0.9 10 01 COMMERCIAL GENERAL LIABILITY (1) Property you own, rent, or occupy, includ- handling, storage, disposal, process- ing any costs or expenses incurred by ing or treatment of waste; you, or any other person, organization or (c) Which are or were at any time trans - entity, for repair, replacement, enhance- ment, restoration or maintenance of such ported, handled, stored, treated, dis- property for any reason, including preven- posed of, or processed as waste by or for: tion of injury to a person or damage to another's property; (i) Any insured; or (2) Property loaned to you; (ii) Any person or organization for (3) Personal property in the care, custody or whom you may be legally re - control of the insured; or sponsible; or (4) "Work" performed for you by the "contrac- (d) At or from any premises, site or loca- tor". tion on which any insured or any con - h. War tractors or subcontractors working di- rectly or indirectly on any insured's "Bodily injury" or "property damage" due to behalf are performing operations if war, whether or not declared, or any act or the "pollutants" are brought on or to condition incident to war. War includes civil the premises, site or location in con - war, insurrection, rebellion or revolution. This nection with such operations by such exclusion applies only to: insured, contractor or subcontractor. (1) Liability assumed under an "insured con- However, this subparagraph does not tract"; or apply to: (2) Expenses for first aid. (i) "Bodily injury" or "property dam - i. Mobile Equipment age" arising out of the escape of fuels, lubricants or other operat- "Bodily injury" or "property damage" arising in fluids which are needed to g out of the use of "mobile equipment" in, or perform the normal electrical, by, while in practice for, or while being prepared draulic or mechanical functions for, any prearranged racing, speed, demoli- necessary for the operation of tion, or stunting activity. "mobile equipment" or its parts, if N j. Pollution such fuels, lubricants or other (1) "Bodily injury" or "property damage" aris- operating fluids escape from a ing out of the actual, alleged or threat- vehiclepart designed to hold, ened discharge, dispersal, seepage, mi- store or receive them. This ex - o gration, release or escape of "pollutants": ception does not apply if the (a) At or from any premises, site or loca- "bodily injury" or "property dam - tion which is. or was at any time age" arises out of the intentional owned or occupied by, or rented or discharge, dispersal or release of o loaned to, any insured. However, this the fuels, lubricants or other op- erating fluids, or if such fuels, lu- bricants or other operating fluids (i) "Bodily injury" if sustained within are brought on or to the prem - o a building and caused by smoke, ises, site or location with the in - fumes, vapor or soot from equip- tent that they be discharged, dis- o ment used to heat that building; persed or released as part of the o (ii) "Bodily injury" or "property dam- operations being performed by age" arising out of heat, smoke or such insured, contractor or sub- ----------____-----__fumes.from_a"hostile fire" _ __. contractor; --- (b) At or from any premises, site or loca- (ii) "Bodily injury" or "property dam - tion which is or was at any time used age" sustained within a building by or for any insured or others for the and caused by the release of { gases, fumes or vapors from ma- terials brought into that building in CG 00 09 10 01 000527 © ISO Properties Inc., 2000 Page 3of9 COMMERCIAL GENERAL LIABILITY connection with operations being performed by or on behalf of any insured; or (iii) "Bodily injury" or "property dam- age" arising out of heat, smoke or fumes from a "hostile fire". (e) At or from any premises, site or loca- tion on which any insured or any con- tractors or subcontractors working di- rectly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, de- toxify or neutralize, or in any way re- spond to, or assess the effects of "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any in- sured or others test for, monitor, clean up, remove, contain, treat, de- toxify or neutralize, or in any way re- spond to,. or assess the effects of "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because .of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assess- ing the effects of "pollutants". However, this paragraph does not apply to liability for damages because of "prop- erty damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory require- ment, or such claim or "suit" by or on be- half of a governmental authority. k. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of. (1) A defect, deficiency, inadequacy or dan- ___ ____gerous_condition in -,"work", performed_ for__._ you by the "contractor"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "work" per- formed for you by the "contractor". SUPPLEMENTARY PAYMENTS 1. We will pay, with respect to any claim we investi- gate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required be- cause of accidents or traffic law violations arising out of the use of any vehicle to which this insurance applies. We do not have to fur- nish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the in- sured at our request to assist us in the inves- tigation or defense of the claim or "suit", in- cluding actual loss of earnings up to $250 a day because of time off from work. e. All costs taxed against the insured in the "suit l f. Prejudgment interest awarded against the in- sured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or de- posited in court the part of the judgment that is within the applicable limit of insurance. h. Expenses incurred by the insured for first aid administered to others at the time of an acci- dent, for "bodily injury" to which this insurance applies. These payments will not reduce the limits of in- surance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a -- party-to-the-"suit"-,-we-will -defend that indemnitee if all of the following conditions are met: a. The `'suit" against the indemnitee seeks dam- ages for which the insured has assumed the Page 4 of 9 © ISO Properties Inc., 2000 CG 00 0910 01 0 o.� 0 m 000528 liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability as- sumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the informa- tion we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that in- demnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with tion, settlement "suit"; us in the investiga- or defense of the (b) Immediately send us copies of any demands, notices, summonses or le- gal papers received in connection with the "suit' (c) Notify any other insurer whose cov- erage is available to the indemnitee; and COMMERCIAL GENERAL LIABILITY Our obligation to defend an insured's indemnitee and to pay for attorneys fees and necessary litiga- tion expenses as Supplementary Payments ends when: a. We have used up the applicable limit of in- surance in the payment of judgments or set- tlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION If — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insur- eds. (d) Cooperate with us with respect to co- ordinating other applicable insurance available to.the indemnitee; and 2• (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with respect to their duties as partners or mem- bers of a joint venture. c. A limited liability company, you are an in- sured. Your members are also insureds, but only with respect to their duties as members of a limited liability company. Your managers are insureds, but only with respect to their du- ties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and di- rectors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also -insureds, but only with respect to their liability as stockholders. Each of the following is also an insured: a. Any person (other than your "employee") or. any organization while acting as your real es- tate manager. (b) Conduct and control the defense of b. Any person or organization having proper temporary custody of your property if you die, the indemnitee in such "suit". but only: So long as the above conditions are met, attor- (1) With respect to liability arising out of the neys fees incurred by us in the defense of that in- maintenance or use of that property; and demnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred (2) Until your legal representative has been by the indemnitee at our request will be paid as appointed. Supplementary Payments. Notwithstanding _-the _ c Your legal representative if you die, but only provisions of Paragraph 2.b.(2) of Section I — with respect to duties as such. That represen- Coverages — Bodily Injury And Property Damage tative will have all your rights and duties un - Liability, such payments will not be deemed to be der this Coverage Part. damages for "bodily injury" and "property dam- No person or organization is an insured with respect age" and will not reduce the limits of insurance. to the conduct of any current or past partnership, joint CG 00 09 10 01 © ISO Properties Inc., 2000 Page 5 of 9 COMMERCIAL GENERAL LIABILITY venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION 111— LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The Aggregate Limit is the most we will pay for the sum of damages because of all "bodily injury" and "property damage". 3. Subject to 2. above, the Each Occurrence Limit is the most we will pay for the sum of damages be- cause of all "bodily injury" and "property damage" arising out of any one "occurrence". If you designate more than one project in the Declara- tions, the Aggregate Limit shall apply separately to each project. The Limits of Insurance of this Coverage Part apply separately to each consecutive, annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. 2. Cancellation a. The first Named Insured shown in the Decla- rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing or deliv- ering to the first Named Insured and the "con- tractor" written notice of cancellation at least: (1) 10 days before the effective date of can- cellation if we cancel for non-payment of premium; or (2) 30 days before the effective date of can- cellation if we cancel for any other rea- son. c. We will mail or deliver our notices to the first Named Insured's and the "contractor's" last 4, mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send the "contractor" any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. f. If notice is mailed, proof of mailing will be suf- ficient proof of notice. 3. Changes This policy contains all the agreements between you, the "contractor" and us concerning the insur- ance afforded. The first Named Insured shown in the Declarations and the "contractor" are author- ized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. 4. Duties In The Event Of Occurrence, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" which may result in a claim. To the extent possible; notice should include: (1) How, when and where the "occurrence" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence". b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim ! or "suit"; Page 6 of 9 0 ISO Properties Inc., 2000 CG 00 09 10 01 (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit'; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 5. Examination Of Your Books And Records We may examine and audit your books and re- cords as well as the "contractor's" books and re- cords as they relate to this policy at any time dur- ing the policy period and up to three years afterward. 6. Inspections And Surveys a. We have the right to: (1) Make inspections and surveys at any time; (2) Give you reports on the conditions we find; and (3) Recommend changes. b. We are not obligated to make any inspec- tions, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to . be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: (1) Are safe or healthful; or (2) Comply with laws, regulations, codes or standards. c. Paragraphs a. and b. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, re- ports or recommendations. 10. Premium Audit d.-- Paragraph -b: of this -condition does not apply - - a. We will compute all -premiums for this Cover-_ to any inspections, surveys, reports or rec- age Part in accordance with our rules and ommendations we may make relative to certi- rates. fication, under state or municipal statutes, or- b. Premium shown in this Coverage Part as ad- dinances or regulations, of boilers, pressure vance premium is a deposit premium only. At vessels or elevators. COMMERCIAL GENERAL LIABILITY 7. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an in- sured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settle- ment means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 8. Other Insurance The insurance afforded by this Coverage Part is primary insurance and we will not seek contribu- tion from any other insurance available to you unless the other insurance.is provided by a con- tractor other than the designated "contractor" for the same operation and job location designated in the Declarations. Then we will share with that other insurance by the method described below. If all of the other insurance permits contribution by equal shares, we will follow this method also. Un- der this approach, each insurer contributes equal amounts until ,it has paid its applicable limit of in- surance or none of the loss remains, whichever comes first. If any of the other insurance does not permit con- tribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all insurers. 9. Premiums The "contractor": a. Is responsible for the payment of all premi- ums; and b. Will be the payee for any return premiums we pay. CG 00 09 10 01 © ISO Properties Inc., 2000 000529 Page 7 of 9 COMMERCIAL GENERAL LIABILITY the close of each audit period we will com- pute the earned premium for that period and send notice to the "contractor". The due date for audit and retrospective premiums is, the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the "contractor". c. The "contractor" must keep records of the in- formation we need for premium computation, and send us copies at such times as we may request. 11. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 12. Transfer Of Rights Of Recovery Against Oth- ers To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The in- �sured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 13. When We Do Not Renew 4. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". ° 5. "Executive officer" means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar governing document. 6. "Hostile fire" means one which becomes uncon- trollable or breaks out from where it was intended to be. 7. "Impaired property" means tangible property, other than work performed for you, that cannot be used or is less useful because: a. It incorporates work performed for you that is known or thought to be defective, deficient, inadequate or dangerous; or b.. You have failed to fulfill the terms of a con- tract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or re- moval of the work performed for you; or b. Your fulfilling the terms of the contract or agreement. 8. "Insured contract" means: If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- 9. ration date. If notice is mailed, proof of mailing will be suffi- cient proof of notice. SECTION V — DEFINITIONS a. A lease of premises; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to in- demnify a municipality, except in connection with work for a municipality; or e. An elevator maintenance agreement. "Leased worker" means a person leased to you by a labor leasing firm under an agreement be- tween you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 1. "Auto" means a land motor vehicle, trailer or 10. "Mobile equipment" means any of the following semitrailer designed for travel on public roads, in- types of land vehicles, including any attached cluding any attached machinery or equipment. But "auto" does not include "mobile equipment". machinery or equipment: 2. "Bodily injury" means bodily injury, sickness or a. Bulldozers, farm machinery, forklifts and other - diseasesustainedb-ya --perso---, n ------ inc--ludingg death ---------- - vehicles-designed--for-useprincipally-off-public-- --- —` resulting from any of these at any time. roads; 3. "Contractor" means the contractor designated in b. Vehicles maintained for use solely on or next the Declarations. to premises you own or rent; c. Vehicles that travel on crawler treads; Page 8 of 9- © ISO Properties Inc., 2000 CG 00 09 10 01 d. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers 13. or drills; or (2) Road construction or resurfacing equip- ment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the fol- lowing types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the fol- lowing types of permanently attached equip- ment are not "mobile equipment" but will be 14. considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construc- tion or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 11. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 12. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, CG 00 09 10 01 COMMERCIAL GENERAL LIABILITY vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occur- rence" that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from, computer software, including systems and appli- cations software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electroni- cally controlled equipment. "Suit" means a civil proceeding, brought in the United States of America (including its territories and possessions), Puerto Rico or Canada, in which damages because of "bodily injury" or "property damage" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our consent. 15. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 16. "Work" includes materials, parts or equipment furnished in connection with the operations. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE - POLLUTION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PROVISIONS treat, detoxify or neutralize, or in any way re - Paragraph j.(2) Pollution, Part 2. Exclusions of spond to, or assess the effects of, "pollut- SECTION I — COVERAGES, COVERAGE A BODILY ants"; or INJURY AND PROPERTY DAMAGE LIABILITY is (b) Claim or "suit" by or on behalf of a govem- deleted and replaced by the following: mental authority because of testing for, moni- (2) Any loss, cost or expense arising out of any: toring, cleaning up, removing, containing, (a) Request, demand, order or statutory or regu- treating, detoxifying or neutralizing, or in any responding to, or assessing the effects of latory requirement that any insured or others "pollutantsn test for, monitor, clean up, remove, contain, CG D3 17 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 1. of 1 m 000531 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - ENGINEERS, ARCHITECTS OR SURVEYORS This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. Section If — Who Is An Insured is amended to include as an additional insured any architect, engineer or surveyor engaged by you, but only with respect to liability for "bodily injury" or "prop- erty damage" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In connection with your premises; or 2. In the performance of your ongoing opera- tions. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sion applies: CG 20 31 07 04 This insurance does not apply to "bodily injury" or "property damage" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engi- neering activities. C ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - SILICA OR SILICA -RELATED DUST This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY — NEW YORK DEPARTMENT OF TRANSPORTATION PROVISIONS 1. The following exclusion is added to Paragraph 2., Exclusions, of either SECTION I — COVERAG- ES — BODILY INJURY AND PROPERTY DAM- AGE LIABILITY, SECTION 1 — COVERAGES — COVERAGE A BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY or SECTION I — COVERAGES — PRODUCTS/COMPLETED OP- ERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY, whichever section is in- cluded in the Coverage Part: Silica Or Silica -Related Dust "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dis- persal, emission, release, escape, handling, con- tact with, exposure to or inhalation or respiration of "silica" or "silica -related dust'. This includes, but is not limited to: (1) Any supervision, instructions, recommenda- tions, warnings or advice given or which should have been given in connection with the above; and (2) Any obligation to share damages with or re- pay someone else who must pay damages because of such "bodily injury" or "property damage". 2. The following is added to the DEFINITIONS Sec- tion: "Silica" means silicon dioxide (occurring in crystal- line, amorphous and impure forms), silica parti- cles, silica dust or silica compounds. "Silica -related dust" means a mixture or combina- tion of "silica" and other dust or particles. CG D3 58 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART MEDICAL AND BIOTECHNOLOGY PRODUCTS/COMPLETED LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Access. Or Disclosure Of Confidential Or Personal Information "Bodily injury" or "property damage" arising out of any access to or disclosure of any person's or organization's confidential or personal information. CG CG D7 55 01 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 000532 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY: WAR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The War Exclusion under Paragraph 2., Exclusions b. Warlike action by a military force, includ- of Section l — Bodily Injury And Property Damage ing action in hindering or defending Liability is replaced by the following: against an actual or expected attack, by 2. Exclusions any government, sovereign or other au - This insurance does not apply to: thority using military personnel or other agents; or WAR c. Insurrection, rebellion, revolution, "Bodily injury" or "property damage", however usurped power, or action taken by gov- caused, arising, directly or indirectly, out of: ernmental authority in hindering or de - a. War, including undeclared or civil war; or fending against any of these. CG 0063 12 02 © ISOProperties, Inc., 2002 Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverages — Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: Fungi or Bacteria a. 'Bodily injury" or "property damage" which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contrib- uted concurrently or in any sequence to such injury or damage. b. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treat- ing, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured or by any other person or entity. This exclusion does not apply to any "fungi" or bacteria that are, are on, or are contained in, a good or product intended for consumption. B. The following definition is added to the Defini- tions Section: "Fungi" means any type or form. of fungus, in- cluding mold or mildew and any mycotoxins, spores, scents or byproducts produced or re- leased by fungi. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION- LEAD This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART CATASTROPHE UMBRELLA POLICY PROVISIONS 2. Any obligation to share damages, losses, costs, This insurance does not apply to any injury, damage, payments or expenses with or repay someone loss, cost, payment or expense, including, but not else who must make payment because of such limited to, defense and investigation, of any kind aris- injury or damage, loss, cost, payment or ex- ing out of, resulting from, caused by or contributed pense; or to by the actual or alleged presence or actual, al- 3. Any request, order or requirement to abate, leged or threatened dispersal, release, ingestion, in mitigate, remediate, contain, remove or dispose halation or absorption of lead, lead compounds or of lead, lead compounds or materials or sub - lead which is or was contained or incorporated into stances containing lead. any material or substance. This exclusion applies, but is not limited to: 1. Any supervision, instructions, recommendations, warnings or advice given in connection with the above; CG DO 76 06 93 Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION -ASBESTOS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART CATASTROPHE UMBRELLA POLICY This insurance does not apply to "bodily injury," a. Any supervision, instructions, recommendations, "property damage," "personal injury" or "advertising warnings or advice given or which should have injury" arising out of the actual or alleged presence been given in connection with the above; and or actual, alleged or threatened dispersal of asbes- b. Any obligation to share damages with or repay tos, asbestos fibers or products containing asbestos, someone else who must pay damages because provided that the injury or damage is caused or con- of such injury or damage. tributed to by the hazardous properties of asbestos. This includes: CG T4 78 02 90 Copyright, The Travelers Indemnity Company. Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. Paragraph e. of the Cancellation Condition is replaced by the following: e. (1) If this policy is cancelled, we will send the "contractor" any premium refund due. (2) We will refund the pro rata unearned premium if the policy is: (a) Cancelled by us or at our request; (b) Cancelled but rewritten with us or in our company group; (c) Cancelled because you no longer have an insurable interest in the property or business operation that is the subject of this insurance; or (d) Cancelled after the first year of a pre- paid policy that was written for a term of more than one year. (3) If the policy is cancelled at the request of the first Named Insured or the "contrac- tor", other than a cancellation described in (2) (b), (c) or (d) above, we will refund 90% of the pro rata unearned premium. However, the refund will be less than 90% of the pro rata unearned premium if the refund of such amount would reduce the premium retained by us to an amount less than the minimum premium for this policy. (4) The cancellation will be effective even if we have not made or offered a refund. (5) If the first Named Insured or the "con- tractor" cancels this policy, we will retain the minimum premium shown in the Schedule. B. The following is added to the Cancellation Con- dition (Section IV): Cancellation. ofPolicies __.in__EffectMore___. Than 60 Days. (1) If this policy has been in effect more than 60 days or is a renewal policy, we may cancel only for one or more of the follow- ing reasons: (a) Nonpayment of premium; (b) Fraud or material misrepresentation made by you or with your knowledge in obtaining the policy, continuing the policy or in presenting a claim under the policy; (c) The occurrence of a material change in the risk which substantially in- creases any hazard insured against after policy issuance; (d) Violation of any local fire, health, safety, building or construction regu- lation or ordinance with respect to any insured property or its occupancy which substantially increases any hazard insured against under the policy; (e) Nonpayment of membership dues in those cases where our by-laws, agreements or other legal instru- ments require payment as a condition of the issuance and maintenance of the policy; or (f) A material violation of a material pro- vision of the policy. (2) If we cancel for nonpayment of premium, we will mail or deliver written notice of cancellation, stating the reason for can- cellation, to the first Named Insured and the "contractor" at least 10 days before the effective date of cancellation. If we cancel for any other reason, we will mail or deliver notice of cancellation to the first Named Insured and the "con- tractor" at least 20 days prior to the effec- tive date of cancellation. C. _The__ following__ is added._ to__ Conditions.. (Section IV): 13. Multi -Year Policies We may issue this policy for a term in excess of twelve months with the premium adjusted ` CG 29 23 11 01 0 ISO Properties, Inc., 2001 Page 1 of 2 COMMERCIAL GENERAL LIABILITY on an annual basis in accordance with our rates and rules. D. The following Condition is added and supersedes any other provision to the contrary: NONRENEWAL 1. If we decide not to renew this policy, we will mail or deliver to the first Named Insured and the "contractor" written notice of nonrenewal at least 60 days before: a. Its expiration date; or Page 2 of 2 000535 b. Its anniversary date, if it is a policy written for a term of more than one year and with no fixed expiration date. However, we are not required to send this notice if nonrenewal is due to your failure to pay any premium required for renewal. 2. We will mail or deliver our notices to the first Named Insured's and the "contractor's" last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. © ISO Properties, Inc., 2001 CG 29 23 11 01 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ.IT CAREFULLY. EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART The following exclusion is added to paragraph 2., Exclusions of COVERAGES — BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Cover- ages): This insurance does not apply to: "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defama- tion, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described in paragraphs (a), (b) or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an em- ployer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 29 51 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 INTERLINE ENDORSEMENTS n m 0 000537 INTERLINE ENDORSEMENTS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE This endorsement applies to the insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART CYBERFIRST ESSENTIALS LIABILITY COVERAGE PART CYBERFIRST LIABILITY COVERAGE EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART .EMPLOYMENT PRACTICES LIABILITY-'- WITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE PART ENVIRONMENTAL HAZARD POLICY EXCESS (FOLLOWING FORM) LIABILITY INSURANCE LAW ENFORCEMENT LIABILITY COVERAGE PART LIMITED ABOVE GROUND POLLUTION LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDFIRST PRODUCTS/COMPLETED OPERATIONS, ERRORS AND OMISSIONS, AND INFORMATION SECURITY LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PUBLIC ENTITY MANAGEMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY — NEW YORK DEPARTMENT OF TRANSPORTATION TRIBAL BUSINESS MANAGEMENT LIABILITY COVERAGE PART Any other Commercial Liability coverage included in this policy that is subject to the federal Terrorism m Risk Insurance Act of 2002 as amended 0 PROVISIONS a The federal Terrorism Risk Insurance Act of 2002 as amended ("TRIA") establishes a program under which the Federal Government may partially reimburse "Insured Losses" (as defined in TRIA) caused by "Acts Of Terrorism" (as defined in TRIA). Act Of Terrorism is defined in Section 102(1) of TRIA to mean any act that is certified by the Secretary of the Treasury — in consultation with the Secretary of Homeland Security and the Attorney General of the United States — to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, ^� or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States Mission; and to have been committed by an indi- vidual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The Federal Government's share of compensation for such Insured Losses is established by TRIA and is a per- centage of the amount of such Insured Losses in excess of each Insurer's "Insurer Deductible" (as defined in 0 TRIA), subject to the "Program Trigger" (as defined in TRIA). Through 2020, that percentage is established by o TRIA as follows: 85% with respect to such Insured Losses occurring in calendar year 2015. 84% with respect to such Insured Losses occurring in calendar year 2016. - - 83% with respect to such Insured Losses occurring in calendar year 2017. 82% with respect to such Insured Losses occurring in calendar year 2018. 81% with respect to such Insured Losses occurring in calendar year 2019. 80% with respect to such Insured Losses occurring in calendar year 2020. IL T3 68 01 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 000538 In no event, however, will the Federal Government be required to pay any portion of the amount of such Insure(. Losses occurring in a calendar year that in the aggregate exceeds $100 billion, nor will any Insurer be required to pay any portion of such amount provided that such Insurer has met its Insurer Deductible. Therefore, if such In- sured Losses occurring in a calendar year exceed $100 billion in the aggregate, the amount of any payments by the Federal Government and any coverage provided by this policy for losses caused by Acts Of Terrorism may be reduced. For each coverage provided by this policy that applies to such Insured Losses, the charge for such Insured Loss- es is included in the premium for such coverage. The charge for such Insured Losses that has been included for each such coverage is indicated below, and does not include any charge for the portion of such Insured Losses covered by the Federal Government under TRIA. • 1% of each applicable Commercial Liability Coverage premium. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. IL T3 68 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COMMON POLICY CONDITIONS - PROHIBITED COVERAGE - UNLICENSED INSURANCE AND TRADE OR ECONOMIC .SANCTIONS This endorsement modifies insurance provided under the following: ALL COVERAGES INCLUDED IN THIS POLICY The following is added to the Common Policy Condi- tions: Prohibited Coverage — Unlicensed Insurance 1. With respect to loss sustained by any insured, or loss to any property, located in a country or juris- diction in which we are not licensed to provide this insurance, this insurance does not apply to the extent that insuring such loss would violate the laws or regulations of such country or jurisdic- tion. 2. We do not assume responsibility for: a. The payment of any fine, fee, penalty or other charge that may be imposed on any person or organization in any country or jurisdiction because we are not licensed to provide insur- ance in such country or jurisdiction; or IL T4 12 03 15 000539 b. The furnishing of certificates or other evi- dence of insurance in any country or jurisdic- tion in which we are not licensed to provide insurance. Prohibited Coverage — Trade Or Economic Sanc- tions We will provide coverage for any loss, or otherwise will provide any benefit, only to the extent that provid- ing such coverage or benefit does not expose us or any of our affiliated or parent companies to: 1. Any trade or economic sanction under any law or regulation of the United States of America; or 2. Any other applicable trade or economic sanction, prohibition or restriction. © 2014 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CYBERFIRST ESSENTIALS LIABILITY COVERAGE PART CYBERFIRST LIABILITY COVERAGE DELUXE PROPERTY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITY+ WITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE PART ENVIRONMENTAL HAZARD POLICY EQUIPMENT BREAKDOWN COVERAGE PART EXCESS (FOLLOWING FORM) LIABILITY INSURANCE LAW ENFORCEMENT LIABILITY COVERAGE PART LIMITED ABOVE GROUND POLLUTION LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDFIRST PRODUCTS/COMPLETED OPERATIONS, ERRORS AND OMISSIONS, AND INFORMATION SECURITY LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PUBLIC ENTITY MANAGEMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY — NEW YORK DEPARTMENT OF TRANSPORTATION TRIBAL BUSINESS MANAGEMENT LIABILITY COVERAGE PART Any other Coverage Part or Coverage Form included in this policy that is subject to the federal Terrorism Risk Insurance Act of 2002 as amended The following is added to this policy. This provision can limit coverage for any loss arising out of a "certi- fied act of terrorism" if such loss is otherwise covered by this policy. This provision does not apply if and to the extent that coverage for the loss is excluded or limited by an exclusion or other coverage limitation for losses arising out of "certified acts of terrorism" in an- other endorsement to this policy. "Certified act of terrorism" means an act that is certi- fied by the Secretary of the Treasury, in .accordance with the provisions of "TRIA", to be an act of terrorism pursuant to "TRIA". The criteria contained in "TRIA" for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to "TRIA"; and If aggregate insured losses attributable to "certified 2• acts of terrorism" exceed $100 billion in a calendar year and we have met our insurer deductible under "TRIA", we will not be liable for the payment„ of_any portion of the amount of such losses that exceeds $100 billion, and in such case, insured losses up to that amount are subject to pro rata allocation in ac - The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect -- the conduct of the United States Government by coercion. cordance with procedures established by the Secre- "TRIA means the federal Terrorism Risk Insurance tary of the Treasury. Act of 2002 as amended. IL T414 01 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: "hazardous properties" of "nuclear material", A. Under any Liability Coverage, to "bodily in- if: jury" or "property damage": (1) The. "nuclear material" (a) is at any "nu - (1) With respect to which an "insured" under clear facility" owned by, or operated by or the policy is also an insured under a nu- on behalf of, an "insured" or (b) has been clear energy liability policy issued by Nu- discharged or dispersed therefrom; clear Energy Liability Insurance Associa- (2) The "nuclear material" is contained in tion, Mutual Atomic Energy Liability Un- "spent fuel" or "waste" at any time pos- derwriters, Nuclear Insurance Association sessed, handled, used, processed, of Canada or any of their successors, or stored, transported or disposed of, by or o would be an insured under any such pol- on behalf of an "insured"; or a_ icy but for its termination upon exhaustion (3) The "bodily injury" or "property damage" of its limit of liability; or arises out of the furnishing by an "in - (2) Resulting from the "hazardous properties" sured" of services, materials, parts or 0 of "nuclear material" and with respect to equipment in connection with the plan - which (a) any person or organization is ning, construction, maintenance, opera - required to maintain financial protection tion or use of any "nuclear facility", but if pursuant to the Atomic Energy Act of such facility is located within the United 1954, or any law amendatory thereof, or States of America, its territories or pos- �— (b) the "insured" is, or had this policy not sessions or Canada, this exclusion (3) o been issued would be, entitled to indem- applies only to "property damage" to such nity from the United States of America, or "nuclear facility" and any property thereat. any agency thereof, under any agreement 2. As used in this endorsement: entered into by the United States of America, or any agency thereof, with any "Hazardous properties" includes radioactive, toxic person or organization. or explosive properties. ° B. Under any Medical Payments coverage, to "Nuclear material" means "source material", "spe- expenses incurred with respect to "bodily in- tial nuclear material" or "by-product material". jury" resulting from the "hazardous properties" "Source material", "special nuclear material", and of "nuclear material" and arisingout of the "by-product material" have the meanings given operation of a "nuclear facility" by any person them in the Atomic Energy Act of 1954 or in any or organization. law amendatory thereof. C. Under any Liability Coverage, to "bodily in- "Spent fuel" means any fuel element or fuel com- jury" or "property damage" resulting from ponent, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 1 of 2. 000540 "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentra- tion of uranium or thorium from any ore proc- essed primarily for its "source material" content, and (b) resulting from the operation by any per- son or organization of any "nuclear facility" in- cluded under the first two paragraphs of the defi- nition of "nuclear facility". "Nuclear facility" means: (a) Any "nuclear reactor'; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel', or (3) handling, processing or packaging "waste"; (c) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is lo- cated consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, prem- ises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the forego- ing is located, all operations' conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioac- tive contamination of property. Page 2 of 2 © ISO Properties, Inc., 2007 IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM LIABILITY COVERAGE FORM FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We will be entitled to recovery only after the insured ("insured") has been fully compensated for the loss or dam- age sustained, including expenses incurred in obtaining full compensation for the loss or damage. t 0 o 0 0 r na- 0 m 0 0 0 IL 01 99 09 08 © ISO Properties, Inc., 2007 Page 1 of 1 000541 POLICYHOLDER NOTICES 000542 POLICYHOLDER NOTICES IMPORTANT NOTICE - INDEPENDENT AGENT AND BROKER COMPENSATION NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMATION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE, THE PROVISIONS OF YOUR POLICY PREVAIL. For information about how Travelers compensates independent agents and brokers, please visit www.travelers.com, call our toll-free telephone number 1-866-904-8348, or request a written copy from Marketing at One Tower Square, 2GSA, Hartford, CT 06183. PN T4 54 01 08 000543 Page 1 of 1 IMPORTANT NOTICE - POLICYHOLDER INFORMATION.- ARKANSAS t NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMATION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE, THE PROVISIONS OF YOUR POLICY PREVAIL. In the event you need to contact someone about this policy, please contact your agent as shown on your policy or in the material accompanying the policy. if you need additional assistance, you may contact us at the address listed below: Travelers One Tower Square Hartford, CT 06183 Telephone: 1-800-328-2189 If you feel we have failed to provide you with reasonable and adequate service, feel free to contact: Arkansas Insurance Department 1200 West Third Street Little Rock, Arkansas 72201 Telephone: (501) 371-2640 or (800) 852-5494 i PN T4 71 12 09 Page 1 of 1 DOCUMENT 00610 — PERFORMANCE BOND: KNOW ALL MEN BY THESE PRESENTS: that Crossland Heavy Contractors Inc. 501 S. East Ave., PO Box 350 Columbus Kansas 66725 as Principal, hereinafter called Contractor, and Fidelity and Deposit Company of Maryland 1400 American Laze, Tower I 18th Floor Schaumbur Illinois 60196 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 Bond No. 09197476 141I41�f11111�11tif�llli���l��t1�111�11�ti1��19Illlll�l�lll�l�llrti4�lllllf111�11t� Doe FD: 016736580011 Type. LlE Kind: PERFORMANCE BOND Recorded: 02/24/2016 at 01:80:00 P11 Fee Amt: $65.00 Page 1 of 11 Washington County. AR Kyle Sylvester Circuit Clerk FiieBO33000VV %V 1 One Million Seven Hundred Twenty Five as Obligee, hereinafter called Owner, in the amount of Thousand Seven One and 42/100 Dollars ($ **1,725,071.42** ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated November 3 2015 , entered into a contract with Owner for Maple Street & Lafayette Street Bridge Rehab which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations, thereunder, the Surety may promptly remedy the default, or shall promptly: A. Complete the Contract in accordance with its terms and conditions, or 15 -00610 -Performance Bond.doc 00610 — 1 J61 FY132111 DOCUMENT 00610 — PERFORMANCE BOND: (continued) B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Suretyjointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators, or successors of the Owner. Signed and sealed this 2nd day of December 20 15, (CORPORATE SEAL) g -IWAK t 15 -00610 -Performance Bond.doc 00610-2 FY132111 DOCUMENT 00610 — PERFORMANCE BOND: (continued) SURETY F. ' ' a4Z%�j,of Md By Kelly E. Kimmel, Attorney -in -Fact and Arkansas Licensed Agent ATTORNEY-IN-FACT 1400 American Lane. Tower I, 18th Floor Schaumburg, Illinois 60196 (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) END OF DOCUMENT 00610 COUNTERSIGNED: Resident Agent State of Arkansas "Not Applicable, Countersignature Repealed" (CORPORATE SEAL) Approved as to Form: Attorney for 15 -00610 -Performance Bond.doc 00610-3 FY 132111 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the 'State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by GERALD F. HALEY, 'Vice President, in pursuance of authority granted by Article V, Section R, of the By -Laws of said Companies, which are set fonh on the; reverse; side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint S. Mark WILKERSON, Morgan DEWEY, Monica F. DONATELLI, Debra L, WALZ, Carolyn J. JOHNSON and Kelly E. KIMMEL, all of Overland Park, Kansas, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all 'bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall he as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this l 5th day of October, A.D. 2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 040"'A I 'Gt„.►i+IMA, t, �BV _ ,"12 Secretary Vice President Eric D. Barnes Gerald F. Haley State of Maryland County of Baltimore On this 15th day of October, A.D. 2015, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, GERALD F. HALEY, Vice President, and ERIC D. BARNES, Secretary, of tlrc Companies, to me personally known to he the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same. and being by me duly swam, dLposcth and saith, that helshe is the said officer of the Company aforesaid, and quart the seals affixed to the preceding instrumem RTC the Corporate Seats of said Companies, and that the said Corporate Seals and the signature as such officer 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 above written. tIV. r i S � rrr�iff I IIiHI� �� Maria D. Adamski, Notary Public My Commission Expires: July 8, 2019 POA -F 076-000BC EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, 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 Article V, Section 8, of the By -Laws of the Companies is sill in force. 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 ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the 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 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and 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. 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 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 2nd day of December , 20 15. F�,O 9ttps�, iKS ass_ 7� i 8KAL 9 d. w Va Thomas O. McClellan, Vice President Bond No. 09197476 DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: This Bond is issued simultaneously with Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that Crossland Heavy Contractors, Inc. 501 S. East Ave. PO Box 350 Columbus. Kansas 66725 as Principal, hereinafter called Contractor, and Fidelity and Deposit Coin2any of Maryland 1400 American Lane, Tower I, 18th Floor Schaumburg, Illinois 60196 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Million Seven Idundred Twen Five Thousand Seven One and 42/100 Dollars ($ **1.725.071.42** ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated Novembers, 20 1L, entered into a contract with Owner for Maple Street & Lafayette Street Bridge Rehab which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 16-00611 -Labor & Mat] Payment Bond.doc 00611-1 FY132111 DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract. B. The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of 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 sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant: Unless claimant other than one having a direct contract with Principal, shall have given written notice to any two of the following: the Contractor, the Owner, or the Surety within 90 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to Contractor, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, save that such service need not be made by a public officer. 2. After the expiration of one year following the date on which Contractor ceased Work on the Contract, it being understood, however, that if any limitation embodied in this Bond is prohibited by any Law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such Law. 16-00611 -Labor & Mat] Payment Bond.doc 00611-2 FY 132111 DOCUMENT 00611 — .LABOR AND MATERIAL PAYMENT BOND: (continued) Other than in a state court of competent jurisdiction in and for 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. D. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. Signed and sealed this 2nd day of December 20 15 , SURETY 1 and Deposit Company of Ma land Byrft Kelly E. Kimmel. Attomey-in-Fact and Arkansas Licensed gen(. (CORPORATE SEAL) COUNTERSIGNED: Resident Agent State of Arkansas "Not Applicable. Countersignature Repealed" 16 -00611 -Labor & Mat] Payment Bond.doc 00611-3 FY 132111 DOCUMENT 00611 — LABOR AND MATERIAL PAYMENT BOND: (continued) ATTORNEY-IN-FACT (CORPORATE SEAL) 1440 American Lane, Tower 1, 18th Floor Schaumburg, ❑iinois 60196 (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) Approved as to Form: Attorney for END OF DOCUMENT 00611 16 -00611 -Labor & Matt Payment Bond.doc 00611-4 FY132111 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, 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 Article V, Section 8, of the By -Laws of the Companies is still in force. 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 ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the 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 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and 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. 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 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 2nd day of December 20 15 . ,,.......,, 'f�olkBU '$ CJliy� �t n rr Tb SBA. - ( 4� " Y// � K, �,/ a Thomas O. McClellan, Vice President ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by GERALD F. HALEY, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint S. Mark WILKERSON, Morgan DEWEY, Monica F. DONATELLI, Debra L. WALZ, Carolyn J. JOHNSON and Kelly E. KIMMEL, all of Overland Park, Kansas, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed': any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of [lye ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of October, A.D. 2015. 9"c'- X), /�rl� ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND rY Rq pipe" n�•iK'SL. A��;�t. BEAL ..,. rntgo a Secretary Vice President Eric D. Barnes Gerald F. Haley State of Maryland County of Baltimore On this 15th day of October, A,D. 2015, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, GERALD F. HALEY, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals ttffixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer 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 Sea] the day and year first above written. i,Qiyi itr4{'��ir :� �'ltrrtff��•'�� C Maria D. Adamski, Notary Public My Commission Expires: July 8, 2019 POA -F 076-00080 Mao,> 4- L em "4 - T hie C063 bLC, Co r-�aC7�06 C) J City of Fayetteville Staff Review Form 2016-0327 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Paul Libertini 7/8/2016 Engineering / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of Change Order #01 which requires the Mayor's signature. The construction plans called for the repair of 2 steel railing sections on the Lafayette bridge that were severely damaged. During the construction process, it was determined that 4 additional railing sections were damaged to a much lesser degree, but that they should be repaired by make the end product look complete. The proposed cost to repair the additional 4 railing sections is $6,424.00. 4470.9470.5817.00 Account Number 06035.1101 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? NA Previous Ordinance or Resolution # 204-15 Original Contract Number: 2390 Comments: Budget Impact: Sales Tax Capital Improvements Fund Lafayette & Maple Bridges Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 2,097,678.00 $ 1,922,418.688 175,259.32 $ 6,424.00 168,835332 V20140710 Approval Date: CITY OF FayTV1leNSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer FROM: Paul Libertini, Staff Engine DATE: July 8, 2016 STAFF MEMO SUBJECT: Maple Street Bridge & Lafayette Street Bridge — Change Order #01 RECOMMENDATION: Staff recommends approval of Change Order #01 which requires the Mayor's signature. BACKGROUND: Resolution 133-11 authorized the Mayor & the Clerk to execute all appropriate agreements with AHTD necessary to expedite the construction of the historic bridges project. On November 3, 2015, the City Council approved Resolution 204-15 awarding Bid No. 15-51 to Crossland Heavy Contractors, Inc. in the amount of $1,725,071.42 for the construction of the Maple Street and Lafayette Street Bridge Rehabilitation project. DISCUSSION: The construction plans called for the repair of 2 steel railing sections on the Lafayette bridge that were severely damaged. During the construction process, it was determined that 4 additional railing sections were damaged to a much lesser degree, but that they should be repaired to make the end product look complete. Therefore, staff requested Crossland Heavy to submit a cost of repair for our consideration. The proposed cost to repair the additional 4 railing sections is $6,424.00. BUDGET/STAFF IMPACT: The cost of this item will come out of the project contingency money set aside for this project which is funded by the Sales Tax Capital Improvements Fund. Attachments: Change Order No. 1 (6 copies for signature) Resolution 204-15 Resolution 133-11 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Change Order No.1 Date of Issuance: 6/10/2016 Effective Date: 6/10/2016 Project: Fayetteville Maple Street Owner: City of Fayetteville AHTD Job No.: 040618 & Lafayette Street Bridge Rehab FAP #BRN-9142(29) Contract: Date of Contract: 11/3/2015 Contractor: Crossland Heavy Contractors, Inc. Engineer's Project No.: FYI 3-2111 The Contract Documents are modified as follows upon execution of this Change Order: Description: Complete additional railing restoration of four sections of steel railing on the Lafayette Bridge Two sections will be removed, repaired and reinstalled. Two sections will be rehabilitated in place Attachments (list documents supporting change): See attached letter from Crossland Heavy Contractors dated May 31, 2016. CHANGE IN CONTRACT PRICE: C -H A NN CONTRACT- 'f'IAMS � GVLE11 Original Contract Price: n,.:..i fl—a ren * t Times@ D W,.,adng day D Calendar- days Cubst„„A:.,1 a letien (days or date) $1,725,071.42 Ready for- final qment (days or-dat ) [hwf!ease] [Deer -ease] from previously approved flner-ease] [Deer -ease] from pmvieusly approved Change 0 Change Or-dPffi No. tee No. ale--tee-Ale. SubstapAial eempletion{days): $ Ready for final payment (days); Contract Price prior to this Change Order: C. -ant --- et. Times pM'�r to this Change n i an T Substantial ”empletion (d$-vr-date)- $1,725,071.42 t ) $1,725,071.42 Deady for- fi,a�t (days or date): [Increase] [Dee-rease} of this Change Order: linerease l [Deer -easel of this ChangeOrder-; Substantial eempletion (days or- date): $6,424.00gnent (days ori Contract Price incorporating this Change Order: Gent . et Times • '+i, all appr-eved Change n a $1,731,495.42 RECOMMENDED: AC By: B . En eer (Authorized Signature) C Date: 6e�� Date: AHTD Resident Engineer: t ACCEPTE CA-' By: �ure) Contractor (Authorized Signature) ,1 - -IQ Date: fa -;!I/•j Date: EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 May 31, 2016 Mr. Daniel Barnes McClelland Consulting Engineers, Inc. 1810 N. College, P.O. Box 1229 Fayetteville, Arkansas 72702 Project: Maple Street & Lafayette Street Bridge Rehab Reference: Additional Railing Repair on Lafayette Bridge Mr. Barnes, CROSSLAND HEAVY CONTRACTORS 1800 S. 5211 Street, SLite 410 Rogers,Arkan.sas 72758 CHC is providing a cost proposal as an addition to the contract value to perform the following items: tel 479.464.7077 fax 479.464.7050 • Remove, repair and re -install 2 damaged sections of railing • Straighten and/or replace bent pickets on 2 additional sections in place without removing railing sections The total addition to our scope is: 1. Subcontractor fees - $5,840.00 (see attached) 2. CHC overhead and profit @ 10% - $584.00 3. Total - $6,424.00 Please feel free to contact me with any questions concerning this request. Respectfully, Jason DeZurik Crossland Heavy Contractors www h eav yco n is :acto rs. c o - eater Point Contractors, , Inc . 10316 East Highway 72 Bentonville, AR 72712 (479) 426-7373 - Fax (479) 451-8030 Certified WBENCand -DBE in Arkansas NO. 1 DATE 5/13/2018 Change Order To Contract: Work To Be Performed At: For: Jason Dezurik Project Maple and Lafayette Bridge Rehab Crossland Heavy Contractors Street Corner of Lafayette and Gregg St 1800 S. 52nd Street City Fayetteville Rogers, AR 72758 State AR PH: 479-721-2493 Email: idezurikt'a.heavycontractors.com Change order work as follows: No. Description Total 1 Additional handrail repair - 2 sections - Remove existing damaged hand rail, bring to our shop, and straighten and replace pieces as needed. Return and re -install handrail. Respectfully Submitted Center Point Contractors, Inc. Per Shef McDaniel tabor: �i3,5zu.uo Equipment and Material: $775.00 Total Cost of change order: $4,295.00 Acceptance of Proposal Change Order The above prices, specifications, conditions and change order to contract are satisfactory and herby accepted. Date Signature gentler" P o i n t Contractors, Inc. 10316 East Highway 72 Bentonville, AR 72712 (479) 426-7373 - Fax (479) 451-8030 Certified WBENC and DBE in Arkansas NO. 2 DATE 5/12/2016 Change Order To Contract: Work To Be Performed At: For: Jason Dezurik Project Maple and Lafayette Bridge Rehab _ Crossland Heavy Contractors Street Corner of Lafayette and Gregg St. 1800 S. 52nd Street City Fayetteville Rogers, AR 72758 State AR PH: 479-721-2493 Email: jdezurik@heavycontractors-com Change order work as follows: No. Description Total 1 Straigten/Replace as needed pickets on 2 sections of railing as shown. Railings to stay in place. Respectfully Submitted Center Point Contractors, Inc. Per ShetTi McDaniel Labor: $1,320 Equipment and Material: $225 Total Cost of change order: $1,545 Acceptance of Proposal Change Order The above prices, specifications, conditions and change order to contract are satisfactory and herby accepted. Date Signature 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 204-15 File Number: 2015-0492 BID NO. 15-51 CROSSLAND HEAVY CONTRACTORS, INC.: A RESOLUTION TO AWARD BID NO. 15-51 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $1,725,071.42 FOR THE CONSTRUCTION OF THE MAPLE STREET AND LAFAYETTE STREET BRIDGE REHABILITATION PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $172,507.14, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 15-51 and authorizes a contract with Crossland Heavy Construction, Inc. in the amount of $1,725,071.41 for the construction of the Maple Street and Lafayette Street Bridge Rehabilitation Project, and further approves a project contingency in the amount of $172,507.14. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 11/3/2015 Approvpm Attest: x,n F1'4111100N >, City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 [( Ffl i Text File - File Number: 2015-0492 Agenda Date: 11/3/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 8 BID NO. 15-51 CROSSLAND HEAVY CONTRACTORS, INC.: A RESOLUTION TO AWARD BID NO. 15-51 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $1,725,071.42 FOR THE CONSTRUCTION OF THE MAPLE STREET AND LAFAYETTE STREET BRIDGE REHABILITATION PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $172,507.14, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 15-51 and authorizes a contract with Crossland Heavy Construction, Inc. in the amount of $1,725,071.41 for the construction of the Maple Street and Lafayette Street Bridge Rehabilitation Project, and further approves a project contingency in the amount of $172,507.14. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page i Printed on 111412015 City of Fayetteville Staff Review Form 2015-0492 Legistar File ID 11/3/2015 City Council Meeting Date -Agenda Item Only N/A for Non -Agenda Item Paul Libertini 10/14/2015 Engineering / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: A Resolution to award a contract in the amount of $1,725,071.42 to Crossland Heavy Contractors, Inc. for the construction of the Maple St. & Lafayette St. Bridge Rehab, approve a project contingency of $172,507.14 (10%), and approve a Budget Adjustment. Budget Impact: 4520.9555.5817.00 Sales Tax Construction Bonds Account Number Fund 06035.1101 Lafayette & Maple Bridges Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 305,312.00 $ 297,575.08 $ 1,897,578.56 $ 1,897,579.00 V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Dater CITY. OF CITY COUNCIL AGENDA MEMO Fayie ARKANSAS MEETING OF NOVEMBER 3, 2015 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer FROM: Paul Libertini, Staff Engine r� DATE: October 14, 2015 SUBJECT: A Resolution to award a contract in the amount of $1,725,071.42 to Crossland Heavy Contractors, Inc. for the construction of the Maple St. & Lafayette St. Bridge Rehab, approve a project contingency of $172,507.14 (10%), and approve a Budget Adjustment. RECOMMENDATION: Staff recommends City Council approval awarding a contract in the amount of $1,725,071.42 to Crossland Heavy Contractors, Inc. for the construction of the Maple St. & Lafayette St. Bridge Rehab., approval of a project contingency of $172,507.14 (10%), and approval of the attached Budget Adjustment. BACKGROUND: This project is located in central Fayetteville on the east side of the University of Arkansas campus on Maple Street and Lafayette Street over a single track of the Arkansas & Missouri Railroad. It is the intention of the City of Fayetteville to restore both historic bridges to their original beauty and to thus set a high example for restoration for a municipality in Arkansas and the United States. On February 16, 2011 in response to a letter from the City requesting federal funding for the Maple and Lafayette Street historic bridges, the City received a letter from the Arkansas State Highway and Transportation Department advising that the subject bridges qualify for funding from the Federal -aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) to restore both bridges. The HBRRP utilizes 80% Federal -aid and 20% local matching funds with a limitation of $1 million in Federal -aid available per project. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: On October 61, the City received two (2) construction bids ranging from a low of $1,725,071.42 to a high of $1,812,370.53. Crossland Heavy Contractors, Inc. submitted the low bid which was approximately 25% above the Engineer's Estimate of $1,379,137.86. The City has received a written recommendation from our consultant engineer, McClelland Consulting Engineers, Inc. to award this contract to Crossland Heavy Contractors, Inc. and staff concurs with this recommendation. The contract time is 180 days (6 months) for substantial completion. Please note that as part of the Federal -aid process, the Mayor will be submitting the required Certification Letter to the Arkansas State Highway and Transportation Department (AHTD) requesting their review of the bid tabulations and concurrence in award of the contract to Crossland Heavy Contractors, Inc. The actual execution of the construction agreement will occur after receipt of AHTD concurrence. BUDGET/STAFF IMPACT: This project is based on an Agreement Of Understanding with AHTD in which Federal -aid money will pay 80% of the total project up to a maximum of $1 million. Approximately $223,257 has been spent on design, leaving approximately $776,743 in Federal -aid for construction. Remaining construction costs and contingency will be from the State Bridge Cost Sharing Project in the Sales Tax Capital Improvements Fund ($475,906) and from the Bond Program Fund ($644,930). MCCLELLAND 1810 N. College Avenue P.O. Box 1229 CONSULTING Fayetteville,AR 72703/72702-1229 ffl&c� 479-443-2377 • FAX 479-443-9241 ' ENGINEERS, INC. www.mccielland-engrs.com October 7, 2015 Mr. Paul Libertini, P.E. City of Fayetteville 113 West Mountain City of Fayetteville, AR 72701 RE: Maple Street and Lafayette Street Bridge Rehab Dear Mr. Libertini: Tuesday, October 6th we opened bids on the Maple and Lafayette Street Bridge Rehabilitation Project and we received two responsive bids. Crossland Heavy Contractors, Inc. from Columbus, Kansas is the low bidder with a bid in the amount of $1,725,071.42. The certified bid tabulation detailing both bids is attached for reference. We have reviewed the bid and have experience with their work on several successful projects; therefore, we recommend awarding the bid to Crossland Heavy Contractors, Inc. in the amount of $1,725,071.42. Please do not hesitate to call should you have any questions and as always, thank you for allowing us to be of service. Sincerely, McClelland Consulting Engineers, Inc, za' '- Daniel Barnes, P.E. President, Fayetteville enclosure f _0 .\ « 1 \ - cq LL . \ � k o ® ] 7 ~ \ \ a� w > 2 o S \/ k \o - ) #,k } \ \ k� ° ° j \ \ ) _� \� « ) ` /- a 4 . 2& 4 2 L 3 \ f \moo \ \ ; cl \ CA \ / o , o 3®I m : °± o \ \� s a)\ q \ G # % MR @ @ M bo cl _ _ _ _ _ to 7) { �\ 2 03 ACN \ol / \ } \ / \ - - _ E 0=§7 * E \ CD- S;o �® -•_ \ - / )E =//2 / \ _ � \ j LL / ) a | E E §� : E CD 4) e e § § } Q d / \ f / / } E \/ \- < clo j j F- \ - ) \ ® ® -_ \ \ 2 ° mu M 3 \ § - ` c~ / © / E, m r , r e w < e - [ \ » . « & I _ �. } 7 m A a City of Fayetteville, Arkansas - Budget Adjustment Form (l.egistar) Budget Year ; Division: Engineering Adjustment Number 2015 Dept.: Development Services Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A resolution to award a contract in the amount of $1,725,071.42 to Crossland Heavy Contractors, Inc. for the construction of the Maple St, & Lafayette St. Bridge Rehab, approve a project contingency of $172,507.14 (10%) and approve a Budget Adjustment in the amount of $1,897,579. $475,906 is being transferred from the State Bridge Cost Sharing Program budget (03005), $644,930 from the Zion Road COUNCIL DATE: 11/3/2015 LEGISTAR FILE ID#: 205-0492 spy-kwjew 10/16/2015 8:11 AM Budget Director Date TYPE: DESCRIPTION: C:\Users\drnccay\AppData\Roarning\L5\Temp\21 aedfI e-a5da-4448-x754-e3da2569e030 I of I GLDATE: RESOLUTION/ORDINANCE I POSTED: % TOTAL 776,743 776,743 v.20150925 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub AT Account Name 4470.0947 4309.00 - 776,743 06,035 1101 RE Federal Grants - Capital 4470.9470.5817.00 776,743 06035 1101 EX Bridge & Drainage Improve 4470.9470 5817.00 (475,906) - 03005 1 EX Bridge & Drainage Improve 4470.9470.5817.00 475,906 06035 1101 EX Bridge & Drainage Improve 4520.9555.5809.00 (644,930) - 06035 2700 EX Street Improvements 4520.9555.5817.00 644,930 - 06035 1101 EX Bridge & Drainage Improve C:\Users\drnccay\AppData\Roarning\L5\Temp\21 aedfI e-a5da-4448-x754-e3da2569e030 I of I RESOLUTION NO. 133-11 A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE REHABILITATION OF THE MAPLE STREET AND LAFAYETTE STREET BRIDGES OVER THE ARKANSAS AND MISSOURI RAILROAD WHEREAS, the City of Fayetteville understands that Federal -aid Bridge Replacement funds are available for certain city projects up to a maximum Federal -aid amount of $1,000,000.00 using the following participating ratios: Bridge & Approach Construction of City Projects City projects programmed but not let to contract Work Phase Federal % City % Preliminary Engineering 80% 20% Right -of -Way 80% 20% Utilities 80% 20% Construction 80% 20% Construction Engineering 80% 20% All Phases 0% 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas expresses its willingness to participate in accordance with its designated responsibilities in this project. Section 2: That the City Council of the City of Fayetteville, Arkansas authorizes the Mayor and City Clerk to execute all appropriate agreements with the Arkansas State Highway and Transportation Department to expedite the construction of the above -stated improvements. Section 3: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to implement this project. ,tttltilttlly/li PASSED and APPROVED this 2°d day of August, 2011. ```.oG�ERwTR�s,,��� ��� \�YO'G'� APPROVED: C' By: 4401�ELD J AN, Mayor sVo o?jy ATTEST: : FAYETTEVILLE'. e��9ygRKA��PoJ=`e TON S >>e��et�+►tit By: SONDRA E. SMITH, City Clerk/Treasurer Chris Brown Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/2/2011 City Council Meeting Date Agenda Items Only Engineering Division Development Services Department Action Required: Approval of a resolution expressing the willingness of the City of Fayetteville to utilize Federal -aid funds to rehabilitate' Bridge Numbers 01940 (Maple Street) and 01941 (Lafayette Street) over the Arkansas and Missouri Railroad. I $ 1,000.00 Cost of this request 4520.9520.5817.00 Account Number 6035.1101 Project Number Budgeted Item .._..blip/'. Departmen erector City Attorney $ 16,171 l Category / Project Budget $ Funds Used to Date $ 16,171 Remaining Balance Budget Adjustment Attached Date Date .11.0 (�,_ , t "� -7-IS - 7d i ? Finance and Internal Services Director 40(" hief of St Ma r Comments: Date Date /g Date Transportation Bond Street Improvements Program Category / Project Name Sales Tax Construction Bonds Program / Project Category Name Sales Tax Construction Fund 2006 Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 0/ 14- 1 1 P 0 v Clerk's Office Received in EFiT Mayor's Office Revised January 15, 2009 • ae PV T ®ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff \IV Jeremy Pate, Development Services Director O From: Chris Brown, City Engineer (] Date: July 13, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Council Meeting of August 2, 2011 Subject: Approval of a resolution expressing the willingness of the City of Fayetteville to utilize Federal -aid funds to rehabilitate Bridge Numbers 01940 (Maple Street) and 01941 (Lafayette Street) over the Arkansas and Missouri Railroad PROPOSAL: On February 161'', the City received a letter from the AHTD advising that the subject bridges qualify for funding from the Federal -aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) to restore both bridges. The HBRRP utilizes 80% Federal -aid and 20% local matching funds with a limitation of $1 million in Federal -aid available per project. In subsequent correspondence, the AHTD also confirmed that the two bridges may be combined into a single project for purposes of the program. The total estimate for rehabilitation of the two bridges (including deck replacement of the Maple Street bridge) is approximately $1.4 million. Staff also asked the AHTD about the possibility of the City handling the design of the project due to the historic nature of the bridges, and the public input and involvement expected during the project development. The AHTD will allow the City to be responsible for the design; however, they indicated that for the design to be eligible for federal funding, their procurement process must be used. While this would require the City to begin the consultant selection process again, and could take considerable time to hire a consultant, we recommend that the City follow the AHTD procurement procedures in order for the design to be eligible for federal funding. This will allow us to maximize the federal funding on the project. RECOMMENDATION: Staff recommends approval of the attached resolution to rehabilitate the historic Maple Street and Lafayette Street bridges over the Arkansas and Missouri Railroad. The resolution provides for: • The City will participate in accordance with its designated responsibilities in this project. • The Mayor, or his designee, is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of this city project. • The City pledges its full support and hereby authorizes the AHTD to -initiate action to implement this project. If the resolution is approved, the Mayor may sign the attached agreement and work on the project may proceed. THE CITY OF FAYETTEVILLE, ARKANSAS, BUDGET IMPACT: Based on the consultant's cost estimate, this project could be completed with only $400,000 of City funds. This amount of funding is available, either through the Transportation Bond Program or the CIP Program in an existing project set up for bridge cost sharing. The attached agreement commits the City to an initial payment of $1,000 to AHTD for administrative costs associated with preliminary engineering and therefore this amount will be encumbered by executing the enclosed agreement. ARKANSAS STATE HIGHWAY TRANSPORTATION DEPARTMENT Dan Flowers P.O. Box 2261 Director �N Little Rock, Arkansas 72203-2261 Phone (501) 569-2000 Fax (501) 569-2400 �D WWW.ARKANSASHIGHWAYS.COM July 7, 2011 Mr. Chris Brown, P.E. Fayetteville City Engineer 125 West Mountain Street Fayetteville, AR 72701 Dear Mr. Brown: Reference is made to your recent letter stating that the City will handle design of the Maple and Lafayette Street Historic Bridge project, which will be financed with Federal - aid Highway Bridge. Program funding that uses a pro -rata share of 80% Federal -aid and 20% local matching funds up to a maximum of $1 million in Federal -aid. As you are aware, the City must use the Department's Consultant Selection Procedures to hire a consultant to design this project. In order to proceed with this Federal -aid project, it will be necessary for the City Council to pass a resolution (sample enclosed) authorizing the Mayor to enter into necessary agreements with the Department for the project. Once the resolution is passed, please have Mayor Jordan sign the enclosed Agreement of Understanding. Once we receive these items, the Agreement of Understanding will be executed and a signed copy will be returned to the City. If you have any additional questions, please contact Trey Foster in our Programs and Contracts Division at (501) 569-2261. Sincerely, Frank Vozel Deputy Director and Chief Engineer Enclosures c: Assistant Chief Engineer -Planning Programs and Contracts Consultant Coordinator Planning and Research District 4 Lioneld Jordan, Mayor of Fayetteville ARKANSAS STATE HIGHWAY RECEIVED AND SEP 1'6 2011 TRANSPORTATION DEPARTMENT6 YOs' `EYRo Dan Flowers P.O. Box 2261 Director �NT Little Rock, Arkansas 72203-2261 Phone (501) 569-2000 Fax (501) 569-2400 ! WWW.ARKANSASHIGHWAYS.COM September 13, 2011 The Honorable Lioneld Jordan Mayor of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Re: Job 040618 F.A.P. BRN-9142(29) Maple St. & Lafayette St. Bridge Rehab. (Fayetteville) (S) Washington County Dear Mayor Jordan: Enclosed is the City's original copy of the executed Agreement of Understanding for the referenced Federal -aid project. In order for our staff to review your consultant's environmental handling and design plans and cover other administrative costs on the project, please forward a check in the amount of $1,000.00 (made payable to the Arkansas State Highway and Transportation Department) to this office. Upon submittal of the City's deposit, please contact the Department's Consultant Coordinator, Jennifer Williams, for information regarding the procedures for selecting a consultant. Jennifer can be reached at (501) 569-2029. If you have any questions, please contact Trey Foster in our Programs and Contracts Division at (501) 569-2261. Sincerely, Frank Vozel Deputy Director and Chief Engineer Enclosure c: Assistant Chief Engineer -Planning Programs and Contracts Consultant Coordinator (w/enclosure) Environmental Fiscal Services (2) Planning and Research District 4 Job 040618'C' File (w/enclosure) Chris Brown, P.E., Fayetteville City Engineer (w/enclosure) AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE S 12 2011 DEPUTY DIRECTOR AND AND CHIEF ENGINEER'S OFFICE THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT In Cooperation with the U.S. Department of Transportation, Federal Highway Administration RELATIVE TO The rehabilitation of Bridge Numbers 01940 and 01941 over the Arkansas and Missouri Railroad on Maple Street and Lafayette Street in Fayetteville (hereinafter called the "Project") using Federal -aid Highway Bridge Program funds. WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) provides 80% Federal -aid funds to be matched with 20% non-federal funds (cash match) for certain bridge replacement and rehabilitation projects; and WHEREAS, the City of Fayetteville (hereinafter called the "City") has expressed its desire to use Federal -aid funds for an eligible project and to provide necessary matching cash share for such funds; and WHEREAS, each project phase will be funded as follows: WHEREAS, it is specifically agreed between the parties executing this agreement that it is not intended by any of the provisions or any part of the agreement to make the public or any member thereof a third party beneficiary hereunder or to authorize anyone not a party to this agreement to maintain a suit or action for injuries or damage of any nature pursuant to the terms or provisions of this agreement; and WHEREAS, the City understands that the Arkansas State Highway and Transportation Department (hereinafter called "Department") will adhere to the General Requirements for Recipients and Sub -recipients Concerning Disadvantaged Business Enterprises as stated on Attachment A; and Maximum Minimum Federal % City % Preliminary Engineering: 80 20 Right -of -Way: 80 20 Utilities: 80 20 Construction: 80 20 Construction Engineering: 80 20 ; and WHEREAS, it is specifically agreed between the parties executing this agreement that it is not intended by any of the provisions or any part of the agreement to make the public or any member thereof a third party beneficiary hereunder or to authorize anyone not a party to this agreement to maintain a suit or action for injuries or damage of any nature pursuant to the terms or provisions of this agreement; and WHEREAS, the City understands that the Arkansas State Highway and Transportation Department (hereinafter called "Department") will adhere to the General Requirements for Recipients and Sub -recipients Concerning Disadvantaged Business Enterprises as stated on Attachment A; and IT IS HEREBY AGREED that the City and the Department, in cooperation with the Federal Highway Administration, will participate in a cooperative program for implementation and will accept the responsibilities and assigned duties as described hereinafter. THE CITY WILL: 1. Initially submit to the Department $1,000 (20%) to be matched by $4,000 (80%) Federal -aid funds for Department administrative costs associated with state preliminary engineering, which include but are not limited to, on site meetings, environmental review, and plan and specification review. The City's final cost for this phase will be determined by actual Department charges to preliminary engineering. 2. Be responsible for hiring a consultant engineering firm in accordance with the Local Agency Consultant Selection Procedures (Attachment B) to prepare environmental documentation, plans, specifications, and a cost estimate for construction of the Project and submit plans to the Department for review at the 30%, 60%, and 90% stages. NOTE: FHWA authorization and Department approval must be given prior to issuing a work order to the consultant for federal funds to be allowed in this phase. 3. Ensure that the plans and specifications are developed using the Department's standard drawings and Standard Specifications for Highway Construction (latest edition). A registered professional engineer must sign the plans and specifications for the Project. 4. Conduct the necessary public involvement meetings and public hearings. 5. Ensure that the plans and specifications comply with the Americans with Disabilities Act (ADA), the American Association of State Highway and Transportation Officials (AASHTO) design standards, and all other applicable state and federal regulations, including airport clearance when necessary, for the type of work involved. 6. Understand that expenditures for preliminary or construction engineering performed by the City's forces are not eligible for reimbursement with federal funds. 7. Make periodic payments to the consultant for environmental documentation and design of the Project and request reimbursement from the Department. 8. Submit a letter to the Right of Way Division of the Department that (1) stipulates the services relative to right-of-way acquisition, appraisal, relocation, and utilities that the City will assume or (2) requests that the Department handle some or all of these services. Acquisition of property must be accomplished in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the "Uniform Act"). NOTE: Failure to notify the =2- Department prior to initiating this phase of work may result in any expenditures being declared non -participating in federal funds. 9. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. 10. Provide a copy of the registered deed or appropriate certification stating the City's clear and unencumbered title to any right-of-way to be used for the Project (Attachment C). 11. Be responsible for 20% of the cost of preliminary engineering, construction, construction engineering, appraisal and acquisition of right-of-way, relocation services (when required), and adjustment of all man-made improvements, including utilities. NOTE: The Maximum amount of Federal funding available for this Project is $1 million. 12. Prior to the Department awarding the contract for construction, submit to the Department the City's 20% matching funds for construction and Department costs associated with construction engineering. The City's final share of cost for construction engineering will be determined by actual Department charges. 13. Be responsible for all costs not provided by the Federal Highway Administration. 14. Be responsible for 100% of all right-of-way and other costs incurred should the City not enter into the construction phase of the Project. 15. Submit a certification letter (Attachment D), including all items noted, to the Department when requesting that the Department advertise the project for construction bids. 16. Be responsible for 100% of any and all expenditures which may be declared non -participating in federal funds, including any such awards by the State Claims Commission. 17. Be responsible for satisfactory maintenance and operation of all improvements on the Project. Failure to adequately maintain and operate the facility in accordance with Federal -aid requirements will result in withholding future Federal -aid highway funds. 18. Make no alterations to the improvements constructed with Federal -aid funds without first consulting with the Department. 19. Maintain or adopt regulations and ordinances as necessary for proper operation of the improvements and be responsible for the necessary enforcement of operations as required by improvements to city streets. 20. Grant the right of access to the City's records pertinent to the Project and the right to audit by the Department and Federal Highway Administration officials. -3- 21. Submit to the Department a Single Audit in accordance with the Office of Management and Budget (OMB) Circular A-133 each fiscal year that the City expends more than $500,000 of Federal -aid from any federal source including, but not limited to, the U.S. Department of Transportation. The fiscal year used for the reporting is based on the City's fiscal year. The $500,000 threshold is subject to change after OMB periodic reviews. 22. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Attachment E), which is necessary for Project participation. 23. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Attachment F). 24. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its officers and employees from any and all claims, lawsuits, judgments, damages, costs, expenses, and losses, including those arising from claims before the Arkansas Claims Commission or lawsuits brought in any other legal forum, sustained on account of the operations or actions of the City, including any act of omission, neglect or misconduct of said City. Further, the City shall take no action to compromise the immunity from civil suits afforded the State of Arkansas, the State Highway Commission, Arkansas Code 19-10-305, or the 11th Amendment of the United States Constitution. This obligation of indemnification shall survive the termination or expiration of this Agreement. 25. Assure that its policies and practices with regard to its employees, any part of whose compensation is reimbursed from federal funds, will be without regard to race, color, religion, sex, national origin, age, or disability in compliance with the Title VI of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, as amended, Section 504 of the Rehabilitation Act, FHWA Highway Bridge Program Guidance, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR 21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation, and any other Federal, State, and/or local laws, rules and/or regulations. 26. Promptly notify the Department if the Project is rendered unfit for continued use by natural disaster or other cause. THE DEPARTMENT WILL: 1. Maintain an administrative file for the project and be responsible for administrating Federal -aid funds. 2. Review environmental documentation prepared by the City's consultant. 3. When requested, provide the necessary services relative to right-of-way acquisition, appraisal, relocation, and utility adjustments in accordance with the Uniform Act. 4. Review plans and specifications submitted by the City. 5. Reimburse the City 80% (Federal -aid share) for eligible preliminary engineering costs. 5. Be responsible for preparing bid proposals, advertising the Project, receiving bids, and assembling the contract documents. 6. Be responsible for construction supervision. 7. Be reimbursed for costs involved in performing all the services listed above. IT IS FURTHER AGREED that should the City fail to fulfill its responsibilities and assigned duties as related in this Agreement, such failure will disqualify the City from receiving future Federal -aid highway funds. IT IS FURTHER AGREED, that should the City fail to pay to the Department any required funds due for project implementation or fail to complete the Project as specified in this Agreement, the Department may cause such funds as may be required to be withheld from the City's motor fuel tax allotment. IN WITNESS WHEREOF, the ag,&,d parties F have executed this Agreement this day of2011. ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT ' "p4 Dan Flowers Director of Highways and Transportation CITY OF FAYETTEVILLE 6� io d Jordan Mayor ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT NOTICE OF NONDISCRIMINATION The Arkansas State Highway and Transportation Department complies with all civil rights provisions of federal statutes and related authorities that prohibited discrimination in programs and activities receiving federal financial assistance. Therefore, the Department does not discriminate on the basis of race, sex, color, age, national origin, religion or disability, in the admission, access to and treatment in Department's programs and activities, as well as the Department's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the Department's nondiscrimination policies may be directed to James B. Moore, Jr., Section Head - EEO/DBE (ADA/504/Title VI Coordinator), P.O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address: Aines.moorea'arl:ansashiRik iways.com. This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. -5- Paul Libertini Submitted By 0166lo-od �J C0*06dr5 Cm No. a M0,&, 3%rtC+3*C City of Fayetteville Staff Review Form 2016-0446 Legistar File ID N/A City Council Meeting Date -Agenda Item Only N/A for Non -Agenda Item 9/22/2016 Engineering / Development Services Department Submitted Date Division / Department Action Recommendation: Staff recommends approval of Change Order #02 which requires the Mayor's signature. The existing rock wall adjacent to the Maple Street Bridge has been damaged (not related to this construction project) and has created an unsafe condition for active transportation users. The proposed cost to repair the rock wall to its' original condition is $1,650.00. Budget Impact: 4470.9470.5817.00 Sales Tax Capital Improvements Account Number Fund 06035.1101 Lafayette & Maple Bridges Project Number Project Title Budgeted Item? Yes Current Budget $ 2,098,178.00 Funds Obligated $ 1,932,015.53 Current Balance $ 166,162.47 Does item have a cost? Yes Item Cost $ 1,650.00 Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ 164,512.47 V20140710 Previous Ordinance or Resolution N 204-15 Original Contract Number: Comments: 2390 Approval Date: 10- 4— 1 LQ CITY OF 7ay e eIle KANSS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer FROM: Paul Libertini, Staff Engineao�O-e DATE: September 21, 2016 STAFF MEMO SUBJECT: Maple Street Bridge & Lafayette Street Bridge — Change Order #02 RECOMMENDATION: Staff recommends approval of Change Order #02 which requires the Mayor's signature. BACKGROUND: Resolution 133-11 authorized the Mayor & the Clerk to execute all appropriate agreements with AHTD necessary to expedite the construction of the historic bridges project. On November 3, 2015, the City Council approved Resolution 204-15 awarding Bid No. 15-51 to Crossland Heavy Contractors, Inc. in the amount of $1,725,071.42 for the construction of the Maple Street and Lafayette Street Bridge Rehabilitation project. DISCUSSION: Staff recommends approval of Change Order #02 which requires the Mayors signature. The existing rock wall adjacent to the Maple Street Bridge has been damaged (not related to this construction project) and has created an unsafe condition for active transportation users. Therefore, staff requested Crossland Heavy to submit a cost of repair for our consideration. The proposed cost to repair the rock wall to its' original condition is $1,650.00. BUDGET/STAFF IMPACT: The cost of this item will come out of the project contingency money set aside for this project which is funded by the Sales Tax Capital Improvements Fund. Attachments: Change Order No. 2 (6 copies for signature) Resolution 204-15 Resolution 133-11 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Change Order No. 2 Date of Issuance: 8/19/2016 Effective Date: 8/19/2016 Project: Fayetteville Maple Street (Owner: City of Fayetteville IAHTD Job No.: 040618 & Lafayette Street Bridge Rehab I I FAP #BRIM -9142(29) Contract: Contractor: Crossland Heavy Contractors, Inc. of Contract:] 1/3/2015 Engineer's Project No.: FY 13-2111 The Contract Documents are modified as follows upon execution of this Change Order: Description: Replace approximately 10 linear feet of deteriorating rock wall at the southwest comer of the Maple Street Bridge. The wall shall match the height, width, and color of the existing wall. Attachments (list documents supporting change): N/A CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ❑ Working days ® Calendar days Substantial completion (days or date): 9/9/16 $1,725,071.42 Ready for final payment (days or date): 10/9/16 [Increase] [Deerease] from previously approved Change Orders No. 0 to No. 1: Ne. to Ne. $6,424.00 Contract Price prior to this Change Order: $1,731,495.42 [Increase] [Decrease] of this Change Order: $1,650.00 Contract Price incorporating this Change Order: $1.733.145.42 Un is Engineer (Authorized Signature) C Date: a;z //YhA Date: AHTD Resident Engineer: ACCEPTED: By: Signature) Contractor (Authorized Signature) Date: P-Z4—%(O_ Date: - EJCDC C941 Change Order Prepared by the EngineersJoint Contract Documents Committee and endorsed by the Construction specifications Institute. PaCc I of 2 September 21, 2016 Mr. Daniel Barnes McClelland Consulting Fngineers, Inc. 1810N. College, P.O. Box 1229 Fayetteville, Arkansas 72702 Project: Maple Street & L,afayette Street Bridge Rehab Reference: Mortar Stacked Rock Wall Mr. Barnes, 1800 S.52n0 Street, Shite 410 Rogers, Arkansas 72758 tel 473464.7077 fax 473464.7050 CHC is providing a cost proposal as an addition to the contract value to provide all labor, equipment and materials to perform the following items: • Repair Damaged to Mortar Stacked Rock Wall The total addition to our scope is: 1. $1,650.00(see attached for breakdown) Please feel free to contact me with any questions concerning this request. Res ectfully, Jason Dc nk Crossland Fleavy Contractors www.heavycontractors.com u •ti www.heavycontractors.com CROSSLAND HEAVY CONTRACTORS Project: Maple & Lafayette Bridge Rehab Change Order Request No. BJ COR Description: Repair mortar stacked rock wall Mate,lala Mite. Materials d Unita UOM Unit Price Lee t$ $492.00 Tolo/MetelMls Total Materinls w/roees 2S(headb PrvIY Total Mnledelt /OAP $49).00 Sow $O.M Seen Sam $a.m Sa.M So.co Sanou 5539.9) IOX Ss4.ag $593.9) Labe, An.Haurly$ a0l Units MHN Total MH Eisenson laborer 516.00 D.00 30 5480.00 0.00 $0.00 D.m sow 0.00 $23.00 feuipment Oaf Units UOM Unit Vlke Eflxnmon Barthae 9.00 hr 539.00 5312.00 $0.00 ODD $apo $0.00 m $,31I is% $31.20 $303.20 Total D1110 Coll Labor UOM Unit Price 5480.00 lsbw Burden JoX 144.m Ietalw/labor Borden $62400 Ovenc�nd8 P1e01 M.m ioMl Laaar w/ORP R .00 feuipment Oaf Units UOM Unit Vlke Eflxnmon Barthae 9.00 hr 539.00 5312.00 $0.00 ODD $apo $0.00 Tafel Prepeml Amount $1,623.5) Bonds A mmronce 1-69 52598 Total Proposal Amaunl W/Bond $1-649.!W Total Proposal Amount /Bond (Whole Numberl £]�50 DaVs Reauested to emnd Contract Tin, Oapys Date: Signature: --i/,� Total EWIP'nem QyhendA Profit Tarot FPPIA-ent w/OAP $,31I is% $31.20 $303.20 5ubcont rector bof Units UOM Unit Price Wmre nlon Sow 50.00 M.m Sa,m Total Dirett Con $0.00 Ow,heedA Proof > $0_00 121-15u6canrmttol -/OAP Deduct Sol Units UOM Unit Prim htendon 0.00 Is $O.m 50.00 0.00 50.00 50.00 0.00 50.00 $0.00 roto) Deduct $0.00 Tafel Prepeml Amount $1,623.5) Bonds A mmronce 1-69 52598 Total Proposal Amaunl W/Bond $1-649.!W Total Proposal Amount /Bond (Whole Numberl £]�50 DaVs Reauested to emnd Contract Tin, Oapys Date: Signature: --i/,� N 113 West Mountain Street Fayelleville, AR 72701 (479) 575-8323 Resolution: 204-15 File Number: 2015-0492 BID NO. 15-51 CROSSLAND HEAVY CONTRACTORS, INC.: A RESOLUTION TO AWARD BID NO. 15-51 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $1,725,071.42 FOR THE CONSTRUCTION OF THE MAPLE STREET AND LAFAYE"ITE STREET BRIDGE REHABILITATION PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $172,507.14, AND TO APPROVE A BUDGET ADJUSTMENT BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 15-51 and authorizes a contract with Crossland Heavy Construction, Inc. in the amount of $1,725,071.41 for the construction of the Maple Street and Lafayette Street Bridge Rehabilitation Project, and further approves a project contingency in the amount of $172,507.14. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 11/3/2015 ApprovFM Attest: Sondra E. Smith, City rax" r iy7 'r I�IutCn���� -' City of Fayetteville, Arkansas "> Text File File Number: 2015-0492 Agenda Date: 11/3/2015 Version: 1 In Control: City Council Meeting Agenda Number: C. 8 BID NO. 15-51 CROSSLAND HEAVY CONTRACTORS, INC.: 113 West Mwntain Street Fayetteville, AR 72701 (479)575-8323 Status: Passed File Type: Resolution A RESOLUTION TO AWARD BID NO. 15-51 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $1,725,071.42 FOR THE CONSTRUCTION OF THE MAPLE STREET AND LAFAYETTE STREET BRIDGE REHABILITATION PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $172,507.14, AND'f0 APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 15-51 and authori'r..es a contract with Crossland Heavy Construction, Inc. in the amount of $1,725,071.41 for the construction of the Maple Street and Lafayette Street Bridge Rehabilitation Project, and further approves a project contingency in the amount of $172,507.14. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City or Fayetteville, Arkansas Page / Printed on 11/412015 City of Fayetteville Staff Review Form 2015-0492 Legistar File ID 11/3/2015 City Council Meeting Date -Agenda Item Only N/A for Non -Agenda Item Engineering / Paul Libertini 10/14/2015 Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: A Resolution to award a contract in the amount of $1,725,071.42 to Crossland Heavy Contractors, Inc. for the construction of the Maple St. & Lafayette St. Bridge Rehab, approve a project contingency of $172,507.14 (10%), and approve a Budget Adjustment. Budget Impact: 4520.9555.5817.00 Sales Tax Construction Bonds Account Number 06035.1101 Fund Lafayette & Maple Bridges Project Number Project Title Budgeted Item? Yes Current Budget $ 305,312.00 Funds Obligated $ 297,575.08 Current Balance $ 7;•;.57 Does item have a cost? Yes Item Cost $ 1,897,578.56 Budget Adjustment Attached? Yes Budget Adjustment $ 1,897,579.00 Remaining Budget V20140710 Previous Ordinance or Resolution If Original Contract Number: Comments: Approval Date: 1 S CITY OF aye evi le CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF NOVEMBER 3, 2015 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer FROM: Paul Libertini, Staff Engine r DATE: October 14, 2015 SUBJECT: A Resolution to award a contract in the amount of $1,725,071.42 to Crossland Heavy Contractors, Inc. for the construction of the Maple St. & Lafayette St. Bridge Rehab, approve a project contingency of $172,507.14 (10%), and approve a Budget Adjustment. RECOMMENDATION: Staff recommends City Council approval awarding a contract in the amount of $1,725,071.42 to Crossland Heavy Contractors, Inc. for the construction of the Maple Sl. & Lafayette St. Bridge Rehab., approval of a project contingency of $172,507.14 (10%). and approval of the attached Budget Adjustment. BACKGROUND: This project is located in central Fayetteville on the east side of the University of Arkansas campus on Maple Street and Lafayette Street over a single track of the Arkansas & Missouri Railroad. It is the intention of the City of Fayetteville to restore both historic bridges to their original beauty and to thus set a high example for restoration for a municipality in Arkansas and the United States. On February 16, 2011 in response to a letter from the City requesting federal funding for the Maple and Lafayette Street historic bridges, the City received a letter from the Arkansas State Highway and Transportation Department advising that the subject bridges qualify for funding from the Federal -aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) to restore both bridges. The HBRRP utilizes 80% Federal -aid and 20% local matching funds with a limitation of $1 million in Federal -aid available per project. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 IN1 11�-11410k On October 611, the City received two (2) construction bids ranging from a low of $1,725,071.42 to a high of $1,812,370.53. Crossland Heavy Contractors, Inc. submitted the low bid which was approximately 25% above the Engineer's Estimate of $1,379,137.86. The City has received a written recommendation from our consultant engineer, McClelland Consulting Engineers, Inc. to award this contract to Crossland Heavy Contractors, Inc. and staff concurs with this recommendation. The contract time is 180 days (6 months) for substantial completion. Please note that as part of the Federal -aid process, the Mayor will be submitting the required Certification Letter to the Arkansas State Highway and Transportation Department (AHTD) requesting their review of the bid tabulations and concurrence in award of the contract to Crossland Heavy Contractors, Inc. The actual execution of the construction agreement will occur after receipt of AHTD concurrence. BUDGET/STAFF IMPACT: This project is based on an Agreement Of Understanding with AHTD in which Federal -aid money will pay 80% of the total project up to a maximum of $1 million. Approximately $223,257 has been spent on design, leaving approximately $776,743 in Federal -aid for construction. Remaining construction costs and contingency will be from the State Bridge Cost Sharing Project in the Sales Tax Capital Improvements Fund ($475,906) and from the Bond Program Fund ($644,930). NEE, McCLELLAND 1810N.College Avenue P.O.Qoz 1229 ONSULTING Fayetteville, AR 72703172702-1229 ENGINEERS INC. 479www. cciell nd-en rs.co 1 i 479w-engrs.com October 7, 2015 Mr. Paul Libertini, P.E. City of Fayetteville 113 West Mountain City of Fayetteville, AR 72701 RE: Maple Street and Lafayette Street Bridge Rehab Dear Mr. Libertini: Tuesday, October 6th we opened bids on the Maple and Lafayette Street Bridge Rehabilitation Project and we received two responsive bids. Crossland Heavy Contractors, Inc. from Columbus, Kansas is the low bidder with a bid in the amount of $1,725,071.42. The certified bid tabulation detailing both bids is attached for reference. We have reviewed the bid and have experience with their work on several successful projects; therefore, we recommend awarding the bid to Crossland Heavy Contractors, Inc. in the amount of $1,725,071.42. Please do not hesitate to call should you have any questions and as always, thank you for allowing us to be of service. Sincerely, McClelland Consulting Engineers, Inc. Daniel Barnes, P.E. President, Fayetteville enclosure RESOLUTION NO. 133-11 A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE REHABILITATION OF THE MAPLE STREET AND LAFAYETTE STREET BRIDGES OVER THE ARKANSAS AND MISSOURI RAILROAD WHEREAS, the City of Fayetteville understands that Federal -aid Bridge Replacement funds are available for certain city projects up to a maximum Federal -aid amount of $1,000,000.00 using the following participating ratios: Bridge & Approach Construction of City Projects City projects programmed but not let to contract Work Phase Federal % City Preliminary Engineering 80% 20% Right -of -Way 80% 20% Utilities 80% 20% Construction 80% 20% Construction Engineering 80% 20% All Phases 0% 100% 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 expresses its willingness to participate in accordance with its designated responsibilities in this project. Section 2: That the City Council of the City of Fayetteville, Arkansas authorizes the Mayor and City Clerk to execute all appropriate agreements with the Arkansas State Highway and Transportation Department to expedite the construction of the above -stated improvements. Section 3: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to implement this project. PASSED and APPROVED this 2iid day of August, 2011. APPROVED: ATTEST: FAYETTEVILLE; %yJ .9RkA t4 J� ...... By: By: L O ELD JQ19AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/2/2011 City Council Meeting Date Agenda Items Only Chris Brown vi Engineering Development Services Submitted By Division Department racoon at Of a resolution expressing the willingness of the Gity of Fayetteville to utilize Federal -aid funds to reh Numbers 01940 (Maple Street) and 01941 (Lafayette Street) over the Arkansas and Missouri Railroad. $ 1,000.00 Cost of this request .4520.9520.5817.00 Account Number 6035.1101 Project Number Budgeted Item =X $ 16,171 Category / Project Budget $ Funds Used to Date $ 16,171 Remaining Balance Budget Adjustment Attached Finance and Internal Services Director 4 O�, hief of St Ma r n Date � Date Date '7—IS-2011 Date Date 7 /g Dale Transportation Bono Street Improvements Program Category / Project Name Sales Tax Construction Bonds Program / Project Category Name Sales Tax Construction Fund 2006 Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 07 14— 1 1 PO: it t v Clerk's Office Received in EN E Mayor's Office Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO Council Meeting of August 2, 2011 To: Mayor and City Council Thru: Don Marr, Chief of Staff �Q Jeremy Pate, Development Services Director From: Chris Brown, City Engineer GPj Date: July 13, 2011 Subject: Approval of a resolution expressing the willingness of the City of Fayetteville to utilize Federal -aid funds to rehabilitate Bridge Numbers 01940 (Maple Street) and 01941 (Lafayette Street) over the Arkansas and Missouri Railroad PROPOSAL: On February 16'h, the City received a letter from the AHTD advising that the subject bridges qualify for funding from the Federal -aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) to restore both bridges. The HBRRP utilizes 80% Federal -aid and 20% local matching funds with a limitation of $1 million in Federal -aid available per project. In subsequent correspondence, the AHTD also confirmed that the two bridges may be combined into a single project for purposes of the program. The total estimate for rehabilitation of the two bridges (including deck replacement of the Maple Street bridge) is approximately $1.4 million. Staff also asked the AHTD about the possibility of the City handling the design of the project due to the historic nature of the bridges, and the public input and involvement expected during the project development. The AHTD will allow the City to be responsible for the design; however, they indicated that for the design to be eligible for federal funding, their procurement process must be used. While this would require the City to begin the consultant selection process again, and could take considerable time to hire a consultant, we recommend that the City follow the AHTD procurement procedures in order for the design to be eligible for federal funding. This will allow us to maximize the federal funding on the project. RECOMMENDATION: Staff recommends approval of the attached resolution to rehabilitate the historic Maple Street and Lafayette Street bridges over the Arkansas and Missouri Railroad. The resolution provides for: • The City will participate in accordance with its designated responsibilities in this project. • The Mayor, or his designee, is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of this city project. • The City pledges its full support and hereby authorizes the AHTD to, initiate action to implement this project. If the resolution is approved, the Mayor may sign the attached agreement and work on the project may proceed. THE CITY OF FAYETTEVILM ARKANSAS BUDGETIMPACT: Based on the consultant's cost estimate, this project could be completed with only $400,000 of City funds. This amount of funding is available, either through the Transportation Bond Program or the CIP Program in an existing project set up for bridge cost sharing. The attached agreement commits the City to an initial payment of $1,000 to AHTD for administrative costs associated with preliminary engineering and therefore this amount will be encumbered by executing the enclosed agreement. ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Dan Flowers P.O. Box 2261 Director�J - Little Rock, Arkansas 72203-2261 Phone(501)569-2000 Fax(501)569-2400 10 _ WWW.ARKANSASHIGHWAYS.COM July 7, 2011 Mr. Chris Brown, P.E. Fayetteville City Engineer 125 West Mountain Street Fayetteville, AR 72701 Dear Mr. Brown: Reference is made to your recent letter stating that the City will handle design of the Maple and Lafayette Street Historic Bridge project, which will be financed with Federal - aid Highway Bridge.Program funding that uses a pro -rata share of 80% Federal -aid and 20% local matching funds up to a maximum of $1 million in Federal -aid. As you are aware, the City must use the Department's Consultant Selection Procedures to hire a consultant to design this project. In order to proceed with this Federal -aid project, it will be necessary for the City Council to pass a resolution (sample enclosed) authorizing the Mayor to enter into necessary agreements with the Department for the project. Once the resolution is passed, please have Mayor Jordan sign the enclosed Agreement of Understanding. Once we receive these items, the Agreement of Understanding will be executed and a signed copy will be returned to the City. If you have any additional questions, please contact Trey Foster in our Programs and Contracts Division at (501) 569-2261. Sincerely, Frank Vozel Deputy Director and Chief Engineer Enclosures c: Assistant Chief Engineer -Planning Programs and Contracts Consultant Coordinator Planning and Research District 4 Lioneld Jordan, Mayor of Fayetteville ARKANSAS STATE HIGHWAY RECEIVED AND SEP 16 2011 TRANSPORTATION DEPARTMENTCnY OF FAYETTEVILLE MAYORS OFFICE Dan Flowers P.O. Box 2261 Directorco Little Rock, Arkansas 72203-2261 Phone (501) 569-2000 Fax (501) 569-2400 W W W.ARKANSASHIGHWAYS.COM September 13, 2011 The Honorable Lioneld Jordan Mayor of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Re: Job 040618 F.A.P. BRN-9142(29) Maple St. & Lafayette St. Bridge Rehab. (Fayetteville) (S) Washington County Dear Mayor Jordan Enclosed is the City's original copy of the executed Agreement of Understanding for the referenced Federal -aid project. In order for our staff to review your consultant's environmental handling and design plans and cover other administrative costs on the project, please forward a check in the amount of $1,000.00 (made payable to the Arkansas State Highway and Transportation Department) to this office. Upon submittal of the City's deposit, please contact the Department's Consultant Coordinator, Jennifer Williams, for information regarding the procedures for selecting a consultant. Jennifer can be reached at (501) 569-2029. If you have any questions, please contact Trey Foster in our Programs and Contracts Division at (501) 569-2261. Sincerely, Frank Vozel Deputy Director and Chief Engineer Enclosure c: Assistant Chief Engineer -Planning Programs and Contracts Consultant Coordinator (w/enclosure) Environmental Fiscal Services (2) Planning and Research District 4 Job 040618'C' File (w/enclosure) Chris Brown, P.E., Fayetteville City Engineer (w/enclosure) AGREEMENT OF UNDERSTANDING REECE_ BETWEEN �`��� THE CITY OF FAYETTEVILLE AU6 12 2011 DEPUTY DIRECTOR AND AND CHIEF ENGINEER'S OFFICE THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT In Cooperation with the U.S. Department of Transportation, Federal Highway Administration RELATIVE TO The rehabilitation of Bridge Numbers 01940 and 01941 over the Arkansas and Missouri Railroad on Maple Street and Lafayette Street in Fayetteville (hereinafter called the "Project") using Federal -aid Highway Bridge Program funds. WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) provides 80% Federal -aid funds to be matched with 20% non-federal funds (cash match) for certain bridge replacement and rehabilitation projects; and WHEREAS, the City of Fayetteville (hereinafter called the "City") has expressed its desire to use Federal -aid funds for an eligible project and to provide necessary matching cash share for such funds; and WHEREAS, each project phase will be funded as follows: WHEREAS, it is specifically agreed between the parties executing this agreement that it is not intended by any of the provisions or any part of the agreement to make the public or any member thereof a third party beneficiary hereunder or to authorize anyone not a party to this agreement to maintain a suit or action for injuries or damage of any nature pursuant to the terms or provisions of this agreement; and WHEREAS, the City understands that the Arkansas State Highway and Transportation Department (hereinafter called "Department") will adhere to the General Requirements for Recipients and Sub -recipients Concerning Disadvantaged Business Enterprises as stated on Attachment A; and Maximum Minimum Federal % City % Preliminary Engineering: 80 20 Right -of -Way: 80 20 Utilities: 80 20 Construction: 80 20 Construction Engineering: 80 20 and WHEREAS, it is specifically agreed between the parties executing this agreement that it is not intended by any of the provisions or any part of the agreement to make the public or any member thereof a third party beneficiary hereunder or to authorize anyone not a party to this agreement to maintain a suit or action for injuries or damage of any nature pursuant to the terms or provisions of this agreement; and WHEREAS, the City understands that the Arkansas State Highway and Transportation Department (hereinafter called "Department") will adhere to the General Requirements for Recipients and Sub -recipients Concerning Disadvantaged Business Enterprises as stated on Attachment A; and IT IS HEREBY AGREED that the City and the Department, in cooperation with the Federal Highway Administration, will participate in a cooperative program for implementation and will accept the responsibilities and assigned duties as described hereinafter. THE CITY WILL: 1. Initially submit to the Department $1,000 (20%) to be matched by $4,000 (80%) Federal -aid funds for Department administrative costs associated with state preliminary engineering, which include but are not limited to, on site meetings, environmental review, and plan and specification review. The City's final cost for this phase will be determined by actual Department charges to preliminary engineering. 2. Be responsible for hiring a consultant engineering firm in accordance with the Local Agency Consultant Selection Procedures (Attachment B) to prepare environmental documentation, plans, specifications, and a cost estimate for construction of the Project and submit plans to the Department for review at the 30%, 60%, and 90% stages. NOTE: FHWA authorization and Department approval must be given prior to issuing a work order to the consultant for federal funds to be allowed in this phase. 3. Ensure that the plans and specifications are developed using the Department's standard drawings and Standard Specifications for Highway. Construction (latest edition). A registered professional engineer must sign the plans and specifications for the Project. 4. Conduct the necessary public involvement meetings and public hearings 5. Ensure that the plans and specifications comply with the Americans with Disabilities Act (ADA), the American Association of State Highway and Transportation Officials (AASHTO) design standards, and all other applicable state and federal regulations, including airport clearance when necessary, for the type of work involved. 6. Understand that expenditures for preliminary or construction engineering performed by the City's forces are not eligible for reimbursement with federal funds. 7. Make periodic payments to the consultant for environmental documentation and design of the Project and request reimbursement from the Department. 8. Submit a letter to the Right of Way Division of the Department that (1) stipulates the services relative to right-of-way acquisition, appraisal, relocation, and utilities that the City will assume or (2) requests that the Department handle some or all of these services. Acquisition of property must be accomplished in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the "Uniform Act"). NOTE: Failure to notify the =2- Department prior to initiating this phase of work may result in any expenditures being declared non -participating in federal funds. 9. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. 10. Provide a copy of the registered deed or appropriate certification stating the City's clear and unencumbered title to any right-of-way to be used for the Project (Attachment C). 11. Be responsible for 20% of the cost of preliminary engineering, construction, construction engineering, appraisal and acquisition of right-of-way, relocation services (when required), and adjustment of all man-made improvements, including utilities. NOTE: The Maximum amount of Federal funding available for this Project is $1 million. 12. Prior to the Department awarding the contract for construction, submit to the Department the City's 20% matching funds for construction and Department costs associated with construction engineering. The City's final share of cost for construction engineering will be determined by actual Department charges. 13. Be responsible for all costs not provided by the Federal Highway Administration. 14. Be responsible for 100% of all right-of-way and other costs incurred should the City not enter into the construction phase of the Project. 15. Submit a certification letter (Attachment D), including all items noted, to the Department when requesting that the Department advertise the project for construction bids. 16. Be responsible for 100% of any and all expenditures which may be declared non -participating in federal funds, including any such awards by the State Claims Commission. 17. Be responsible for satisfactory maintenance and operation of all improvements on the Project. Failure to adequately maintain and operate the facility in accordance with Federal -aid requirements will result in withholding future Federal -aid highway funds. 18. Make no alterations to the improvements constructed with Federal -aid funds without first consulting with the Department. 19. Maintain or adopt regulations and ordinances as necessary for proper operation of the improvements and be responsible for the necessary enforcement of operations as required by improvements to city streets. 20. Grant the right of access to the City's records pertinent to the Project and the right to audit by the Department and Federal Highway Administration officials. - 3 - 21. Submit to the Department a Single Audit in accordance with the Office of Management and Budget (OMB) Circular A-133 each fiscal year that the City expends more than $500,000 of Federal -aid from any federal source including, but not limited to, the U.S. Department of Transportation. The fiscal year used for the reporting is based on the City's fiscal year. The $500,000 threshold is subject to change after OMB periodic reviews. 22. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Attachment E), which is necessary for Project participation. 23. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Attachment F). 24. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its officers and employees from any and all claims, lawsuits, judgments, damages, costs, expenses, and losses, including those arising from claims before the Arkansas Claims Commission or lawsuits brought in any other legal forum, sustained on account of the operations or actions of the City, including any act of omission, neglect or misconduct of said City. Further, the City shall take no action to compromise the immunity from civil suits afforded the State of Arkansas, the State Highway Commission, Arkansas Code 19-10-305, or the 11th Amendment of the United States Constitution. This obligation of indemnification shall survive the termination or expiration of this Agreement. 25. Assure that its policies and practices with regard to its employees, any part of whose compensation is reimbursed from federal funds, will be without regard to race, color, religion, sex, national origin, age, or disability in compliance with the Title VI of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, as amended, Section 504 of the Rehabilitation Act, FHWA Highway Bridge Program Guidance, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR 21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation, and any other Federal, State, and/or local laws, rules and/or regulations. 26. Promptly notify the Department if the Project is rendered unfit for continued use by natural disaster or other cause. THE DEPARTMENT WILL 1. Maintain an administrative file for the project and be responsible for administrating Federal -aid funds. 2. Review environmental documentation prepared by the City's consultant. -4- 3. When requested, provide the necessary services relative to right-of-way acquisition, appraisal, relocation, and utility adjustments in accordance with the Uniform Act. 4. Review plans and specifications submitted by the City 5. Reimburse the City 80% (Federal -aid share) for eligible preliminary engineering costs. 5. Be responsible for preparing bid proposals, advertising the Project, receiving bids, and assembling the contract documents. 6. Be responsible for construction supervision. 7. Be reimbursed for costs involved in performing all the services listed above. IT IS FURTHER AGREED that should the City fail to fulfill its responsibilities and assigned duties as related in this Agreement, such failure will disqualify the City from receiving future Federal -aid highway funds. IT IS FURTHER AGREED, that should the City fail to pay to the Department any required funds due for project implementation or fail to complete the Project as specified in this Agreement, the Department may cause such funds as may be required to be withheld from the City's motor fuel tax allotment. IN WITNESS WHEREOF, the parties theret have executed this Agreement this VLO( day of 2011. ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT ' "1;�p Dan Flowers Director of Highways and Transportation CITY OF FAYETTEVILLE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTNIENT NOTICE OF NONDISCRIMINATION od Jordan Mayor The Arkansas State Highway and Transportation Department complies with all civil rights provisions of federal statutes and related authorities that prohibited discrimination in programs and activities receiving federal financial assistance. Therefore, the Department does not discriminate on the basis of race, sex, color, age, national origin, religion or disability, in the admission, access to and treatment in Department's programs and activities, as well as the Department's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the Department's nondiscrimination policies may be directed to James B. Moore, Jr., Section Head - EEO/DBE (ADA/504fTitle VI Coordinator), P.O. Box 2261, Little Rock, AR 72207, (501) 569-2296, (VoicerffY 711), or the following email address: iames.mooreaJarkansashinlrways.com. This notice is available from the ADA/504fritle VI Coordinator in large print, on audiotape and in Braille. -5- Paul Libertini Submitted By CM_06 MA dew � Cora&6� � 03 City of Fayetteville Staff Review Form 2016-0529 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/1/2016 Engineering / _ Development Services Department Submitted Date Division / Department Action Recommendation: Staff recommends approval of Change Order #03 which requires the Mayor's signature. Rehabilitation of the Lafayette Street Bridge and the Maple Street Bridge included fabrication of three (3) different historic. light fixtures with period glass. In looking forward towards maintenance of the replica light fixtures, staff has requested a cost to supply the City with replacement glass. The proposed cost to provide six (6) spare glass lenses (2 for each fixture type) is $5,924.00. 4470.900.9470-5817.00 Account Number 06035.1101 Project Number Budgeted Item? Yes Budget Impact: Sales Tax Capital Improvements Fund Lafayette & Maple. Bridges Project Title Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? NA Budget Adjustment $ 2,108,178.00 $ 1,941,803.17 I $ 166,374.83 $ 5,924.00 Remaining Budget $ 160,450.83 V20140710 Previous Ordinance or Resolution # 204-15 Original Contract Number: 2390 Comments: Approval Date: CITY OF -11q Fay7 e vl e ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer FROM: Paul Libertini, Staff Engine DATE: November 1, 2016 STAFF MEMO SUBJECT: Maple Street Bridge & Lafayette Street Bridge — Change Order #03 RECOMMENDATION: Staff recommends approval of Change Order #03 which requires the Mayor's signature. BACKGROUND: Resolution 133-11 authorized the Mayor & the Clerk to execute all appropriate agreements with AHTD necessary to expedite the construction of the historic bridges project. On November 3, 2015, the City Council approved Resolution 204-15 awarding Bid No. 15-51 to Crossland Heavy Contractors, Inc. in the amount of $1,725,071.42 for the construction of the Maple Street and Lafayette Street Bridge Rehabilitation project. DISCUSSION: Staff recommends approval of Change Order #03 which requires the Mayor's signature. Rehabilitation of the Lafayette Street Bridge and the .Maple Street Bridge included fabrication of three (3) different historic light fixtures with period glass. In looking forward towards maintenance of the replica light fixtures, staff has requested a cost to supply the City with replacement glass. The proposed cost to provide six (6) spare glass lenses (2 for each fixture type) is $5,924.00. BUDGET/STAFF IMPACT: The cost of this item will come out of the project contingency money, set aside for this project which is funded by the Sales Tax Capital Improvements Fund. Attachments: Change Order No. 3 (6 copies for signature) Resolution 204-15 Resolution 133-11 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 October 27, 2016 Mr. Daniel Barnes McClelland Consulting Engineers, Inc. 1810 N. College, P.O. Box 1229 Fayetteville, Arkansas 72702 Project: Maple Street & Lafayette Street Bridge Rehab Reference: Spare -glass diffusers for light fixtures Mr. Barnes, 7777. 7,77 } 4 HEAVY CONTRACTORS 1900 S. 5210 Street, Suite 410 Rogers, Arkansas 72758 CHC is providing a cost proposal as an addition to the contract value to provide the following items: • (2) each LA-SA-CUG (shield shaped glass) -$710.00 each • (2) each L-LA-SA-CLJG (curved glass) -$1,431.00 each • (2) each S-LA-SA-CUG (circular glass) -$821.00 each The total addition.to our scope is: 1. $5,924.00 Please feel free to contact me with any questions concerning this request. Jason DeZurik Crossland Heavy Contractors YAwj.;1n;avycontractors.criti tel 479.454.7077 fax 479.454 7050 Change Order No. 3 Date of Issuance: 10/17/2016 Effective Date: 10/17/2016 Project: Fayetteville Maple Street Owner: City of Fayetteville AHTD Job No.: 040618 & Lafayette Street Bridge Rehab FAP #BRN-9142(29) Contract: Date of Contract: 1 1/3/2015 Contractor: Crossland Heavy Contractors, Inc. Engineer's Project No.: FY13-2111 The Contract Documents are modified as follows upon execution of this Change Order: Description: Purchase of two extra glass exteriors for the three separate light fixtures for a total of six extra glass covers. Attachments (list documents supporting change): See attached request from Crossland Heavy. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ❑ Working days ® Calendar days Substantial completion (days or date): 9/9/16 $1,725,071.42 Ready for final payment (days or date): 10/9/16 [Increase] [Deer -ease] from previously approved [hae fease] [Dee .fowl f0ef., p o ,sh, „ oa Change Or - Change Orders No. 0 to No. 2: No. to No. $8,074.00 Contract Price prior to this Change Order: $1,733,145.42 [Increase] [Dee3easel of this Change Order: frner-easel [Deer -easel of 9:tis Change Order-- Substantial rde..Substantial eemplefien (days ez fie): $5,924.00 Ready or- final paymen4 (days ordate`-. Contract Price incorporating this Change Order: Cen4aet Times Aith u all appyv„c. a Change Ord aa ir $1,739,069.42 Engineer (Authorized Signature) /b- ZG - /(v AHTD Resident Engineer: Contractor (Authorized Signature) Date: In -2L -16 Date: EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Pase 1 of 2 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 204-15 File Number: 2015-0492 BID NO. 15-51 CROSSLAND HEAVY CONTRACTORS, INC.: A RESOLUTION TO AWARD BID NO. 15-51 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $1,725,071.42 FOR THE CONSTRUCTION OF THE MAPLE STREET AND LAFAYETTE STREET BRIDGE REHABILITATION PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $172,507.14, AND TO APPROVE A BUDGET ADJUSTMENT BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 15-51 and authorizes a contract with Crossland Heavy Construction, Inc. in the amount of $1,725,071..41 for the construction of the Maple Street and Lafayette Street Bridge Rehabilitation Project, and further approves a project contingency in the amount of $172,507.14. Section 2: That the City.Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 1 1/3/2015 ApprovpM Attest: �, t f�Vit.t..F �'�ii �ntoiituv`, City of Fayetteville Staff Review Form 2015-0492 Legistar File ID 11/3/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Engineering / Paul Libertini 10/14/2015 Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: A Resolution to award a contract in the amount of $1,725,071.42 to Crossland Heavy Contractors, Inc. for the construction of the Maple St. & Lafayette St. Bridge Rehab, approve a project contingency of $172,507.14 (10%), and approve a Budget Adjustment. 4520.9555.5817.00 Account Number C6035.1101 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Budget Impact: Sales Tax Construction Bonds Fund Lafayette & Maple Bridges Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 305,312.00 $ 297,575.08 $ 1,897,578.56 $ 1,897,579.00 V20140710 Previous Ordinance or Resolution ti Original Contract Number: Comments: Approval Date: CITY OF e .. Fay7 e eI e ARKANSAS MEETING OF NOVEMBER 3, 2015 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer FROM: Paul Libertini, Staff Engine r DATE: October 14, 2015 SUBJECT: A Resolution to award a contract in the amount of $1,725,071.42 to Crossland Heavy Contractors, Inc. for the construction of the Maple St. & Lafayette St. Bridge Rehab, approve a project contingency of $172,507.14 (10%), and approve a Budget Adjustment. RECOMMENDATION: Staff recommends City Council approval awarding a contract in the amount of $1,725,071.42 to Crossland Heavy Contractors, Inc. for the construction of the Maple St. & Lafayette St. Bridge Rehab., approval of a project contingency of $172,507.14 (10%), and approval of the attached Budget Adjustment. BACKGROUND: This project is located in central Fayetteville on the east side of the University of Arkansas campus on Maple Street and Lafayette Street over a single track of the Arkansas & Missouri Railroad. It is the intention of the City of Fayetteville to restore both historic bridges to their original beauty and to thus set a high example for restoration for a municipality in Arkansas and the United States. On February 16, 2011 in response to a letter from the City requesting federal funding for the Maple and Lafayette Street historic bridges, the City received a letter from the Arkansas State Highway and Transportation Department advising that the subject bridges qualify for funding from the Federal -aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) to restore both bridges. The HBRRP utilizes 80% Federal -aid and 20% local matching funds with a limitation of $1 million in Federal -aid available per project: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: On October 61', the City received two (2) construction bids ranging from a low of $1,725,071,42 to a high of $1,812,370.53. Crossland Heavy Contractors, Inc. submitted the low bid which was approximately 25% above the Engineer's Estimate of $1,379,137.86. The City has received a written recommendation from our consultant engineer, McClelland Consulting Engineers, Inc. to award this contract to Crossland Heavy Contractors, Inc. and staff concurs with this recommendation. The contract time is 180 days (6 months) for substantial completion. Please note that as part of the Federal -aid process, the Mayor will be submitting the required Certification Letter to the Arkansas State Highway and Transportation Department (AHTD) requesting their review of the bid tabulations and concurrence in award of the contract to Crossland Heavy Contractors, Inc. The actual execution of the construction agreement will occur after receipt of AHTD concurrence. BUDGET/STAFF IMPACT: This project is based on an Agreement Of Understanding with AHTD in which Federal -aid money will pay 80% of the total project up to a maximum of $1 million. Approximately $223,257 has been spent on design, leaving approximately $776,743 in Federal-aid.for construction. Remaining construction costs and contingency will be from the State Bridge Cost Sharing Project in the Sales Tax Capital Improvements Fund ($475,906) and from the Bond Program Fund ($644,930). FA MCCLELLAND 1810 N. College Avenue REI P.O. Box 1229 CONSULTING Fayetteville, AR 72703172702-1229 479-443-2377 • FAX 479-443-9241 ENGINEERS INC. ENGINEERS, www.mccle0and-engrs.com October 7, 2015 Mr. Paul Libertini, P.E. City of Fayetteville 113 West Mountain City of Fayetteville, AR 72701 RE: Maple Street and Lafayette Street Bridge Rehab Dear Mr. Libertini: Tuesday, October 6th we opened bids on the Maple and Lafayette Street Bridge Rehabilitation Project and we received two responsive bids. Crossland Heavy Contractors, Inc. from Columbus, Kansas is the low bidder with a bid in the amount of $1,725,071.42. The certified bid tabulation detailing both bids is attached for reference. We have reviewed the bid and have experience with their work on several successful projects; therefore, we recommend awarding the bid to Crossland Heavy Contractors, Inc. in the amount of $1,725,071.42. Please do not hesitate to call should you have any questions and as always, thank you for allowing us to be of service. Sincerely, McClelland Consulting Engineers, Inc. Daniel Barnes, P.E. President, Fayetteville enclosure City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year . Division: Engineering Adjustment Number 2015 Dept.: Development Services Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A resolution to award a contract in the amount of $1,725,071.42 to Crossland Heavy Contractors, Inc. for the construction of the Maple St, & Lafayette St. Bridge Rehab, approve a project contingency of $172,507.14 (10%) and approve a Budget Adjustment in the amount of $1,897,579. $475,906 is being transferred from the State Bridge Cost Sharing Program budget (03005), $644,930 from the Zion Road (\/antaop to 7F,;) nrniprt and to rprnani7p (,77F, 74R i Fprlpral Grant rp%rpnnp COUNCIL DATE: 11/3/2015 LEGISTAR FILE ID#: 205-0492 Ke�v%>ti SpY�.pfr 10/16/20158:11 AM Budget Director Date TYPE: DESCRIPTION: GLDATE: RESOLUTION/ORDINANCE POSTED: TOTAL 776,743 776,743 v.20150925 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub AT Account Name 4470.0947.4309.00 - 776,743 06035 1101 RE Federal Grants - Capital 4470.9470.5817.00 776,743 - 06035 1101 EX Bridge & Drainage Improve 4470.9470.5817.00 .. ._� 4470.9470.5817.00 475,906 06035 1101 EX Bridge & Drainage Improve 4520.9555.5809.00 (644,930) 06035 2700 EX Street Improvements 4520.9555.5817.00 644,930 06035 1101 EX Bridge & Drainage Improve G:\Users\drT1ccoy\AppDato\Rooming\L5\Temp\21 aedfl e-o5do-4448-0754-e3do2569e030 I of 1 RESOLUTION NO. 133-11 A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE REHABILITATION OF THE MAPLE STREET AND LAFAYETTE STREET BRIDGES OVER THE ARKANSAS AND MISSOURI RAILROAD WHEREAS, the City of Fayetteville understands that Federal -aid Bridge Replacement funds are available for certain city projects up to a maximum Federal -aid amount of $1,000,000.00 using the following participating ratios: Work Phase Federal % City Bridge & Approach Preliminary Engineering 80% 20% Construction of City Projects Right -of -Way 80% 20% Utilities .80% 20% Construction 80% 200,/o Construction Engineering 80% 20% City projects programmed but not let to contract All Phases 0% 100% 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 expresses its willingness to participate in accordance with its designated responsibilities in this project. Section 2: That the City Council of the City of Fayetteville, Arkansas authorizes the Mayor and City Clerk to execute all appropriate agreements with the Arkansas. State Highway and Transportation Department to expedite the construction of the above -stated improvements. Section 3: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to implement this project. >•'`01FtK/TRfill, �''% PASSED and APPROVED this 2°d day of August, 2011. ZV° APPROVED: ATTEST: : FAYETTEVILLE- , /(Ati oJ�` YN By: By: L O ELD JQqffAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Chris Brown vll Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/2/2011 City Council Meeting Date Agenda Items Only Engineering Development Services Division Department Action Keauirea: Approval of a resolution expressing the willingness of the City of Fayetteville to utilize Federal -aid funds to rehabilitate Bridge Numbers 01940 (Maple Street) and 01941 (Lafayette Street) over the Arkansas and Missouri Railroad. $ 1,000.00 Cost of this request 4520.9520.5817.00 Account Number 6035.1101 Project Number Budgeted Item �X Departmen Irector City Attorney $ 16,171 Category / Project Budget $ - Funds Used to Date $ 16,171 Remaining Balance Budget Adjustment Attached ��?At k Date Date c, . t d,� -7-IS -W11 Finance and Internal Services Director 404, hief of St M4Dr Comments: Date Date a Date Transportation Bond Street Improvements Program Category / Project Name Sales Tax Construction Bonds Program / Project Category Name Sales Tax Construction Fund 2006 Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 07 14 - 1 1 P U 3: v v Clerk's Office Received in EflT I Mayor's Office Revised January 15, 2009 ayZee�vellle KANSAS THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO Council Meeting of August 2, 2011 To: Mayor and City Council Thru: Don Marr, Chief of Staff W Jeremy Pate, Development Services Director U` From: Chris Brown, City Engineer (] Date: July 13, 2011 Subject: Approval of a resolution expressing the willingness of the City of Fayetteville to utilize Federal -aid funds to rehabilitate Bridge Numbers 01940 (Maple Street) and 01941 (Lafayette Street) over the Arkansas and Missouri Railroad PROPOSAL: On February 16`h, the. City received a letter from the AHTD advising that the subject bridges qualify for funding from the Federal -aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) to restore both bridges. The HBRRP utilizes 80% Federal -aid and 20% local matching funds with a limitation of $1 million in Federal -aid available per project. In subsequent correspondence, the AHTD also confirmed that the two bridges may be combined into a single project for purposes of the program. The total estimate for rehabilitation of the . two bridges (including deck replacement of the Maple Street bridge) is approximately $1.4 million. . Staff also asked the AHTD about the possibility of the City handling the design of the project due to the historic nature of the bridges, and the public input and involvement expected during the project development. The AHTD will allow the City to be responsible for the design; however, they indicated that for the design to be eligible for federal funding, their procurement process must be used. While this would require the City to begin the consultant selection process again, and could take considerable time to hire a consultant, we recommend that the City follow the AHTD procurement procedures in order for the design to be eligible for federal funding. This will allow us to maximize the federal funding on the project. RECOMMENDATION: Staff recommends approval of the attached resolution to rehabilitate the historic Maple Street and Lafayette Street bridges over the Arkansas and Missouri Railroad. The resolution provides for: • The City will participate in accordance with its designated responsibilities in this project. • The Mayor, or his designee, is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of this city project. • The City pledges its full support and hereby authorizes the AHTD to -initiate action to implement this project. If the resolution is approved, the Mayor may sign the attached agreement and work on the project may proceed. THE CITY OF FAYETTEVILLE, ARKANSAS BUDGET IMPACT: Based on the consultant's cost estimate, this project could be completed with only $400,000 of City funds. This amount of funding is available, either through the Transportation Bond Program or the CIP Program in an existing project set up for bridge cost sharing. The attached agreement commits the City to an initial payment of $1,000 to AHTD for administrative costs associated with preliminary engineering and therefore this amount will be encumbered by executing'the enclosed agreement. ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Dan Flowers P.O. Box 2261 Director q�T Little Rock, Arkansas 72203-2261 Phone (501) 569-2000 Fax (501) 569-2400 1 o WWW.ARKANSASHIGHWAYS.COM July 7, 2011 Mr. Chris Brown, P.E. Fayetteville City Engineer 125 West Mountain Street Fayetteville, AR 72701 Dear Mr. Brown: Reference is made to your °recent letter stating that the City will handle design of the Maple and Lafayette Street Historic Bridge project, which will be financed with Federal - aid Highway Bridge -Program funding that uses a pro -rata share of 80% Federal -aid and 20% local matching funds up to a maximum of $1 million in Federal -aid. As you are aware, the City must use the Department's Consultant Selection Procedures to hire a consultant to design this project. In order to proceed with this Federal -aid project, it will be necessary for the City Council to pass a resolution (sample enclosed) authorizing the Mayor to enter into necessary agreements with the Department for the project. 'Once the resolution is passed, please have Mayor Jordan sign the enclosed Agreement of Understanding. Once we receive these items, the Agreement of Understanding will be executed and a signed copy will be returned to the City. If you have any additional questions, please contact Trey Foster in our Programs and Contracts Division at (501) 569-2261. Sincerely, Frank Vozel . Deputy Director and Chief Engineer Enclosures c: Assistant Chief Engineer -Planning Programs and Contracts Consultant Coordinator Planning and Research District 4 Lioneld Jordan, Mayor of Fayetteville ARKANSAS STATE HIGHWAY RECEIVED AND SEP 1'6 2011 TRANSPORTATION DEPARTMENT6TY OF MAYORS E rEVILE ICE Dan Flowers P.O. Box 2261 . Director �NT Little Rock, Arkansas 72203-2261 Phone (501) 569-2000 Fax (501) 569-2400 I D WWW.ARKANSASHIGHWAYS.COM September 13, 2011 The Honorable Lioneld Jordan Mayor of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Re: Job 040618 F.A.P. BRN-9142(29) Maple St. & Lafayette St. Bridge Rehab. (Fayetteville) (S) Washington County Dear Mayor Jordan: Enclosed is the City's original copy of the .executed Agreement of Understanding for the referenced Federal -aid project. In order for our staff to review your consultant's environmental handling and design plans and cover other administrative costs on the project, please forward a check in the' amount of $1,000.00 (made payable to the Arkansas State Highway and Transportation Department) to this office. Upon submittal of the City's deposit, please contact the Department's Consultant Coordinator, Jennifer Williams, for information regarding the procedures for selecting a consultant. Jennifer can be reached at (501) 569-2029. If you have any questions, please contact Trey Foster in our Programs and Contracts Division at (501) 569-2261. Sincerely, Frank Vozel Deputy Director and Chief Engineer Enclosure c: Assistant Chief Engineer -Planning Programs and Contracts Consultant Coordinator (w/enclosure) Environmental Fiscal Services (2) Planning and Research District 4 Job 040618'C' File (w/enclosure) Chris Brown, P.E., Fayetteville City Engineer (w/enclosure) AGREEMENT OF UNDERSTANDING Rt"; ('3"EIVED BETWEEN THE CITY OF FAYETTEVILLE AUS 12 2011 DEPUTY DIRECTOR AND AND CHIEF ENGINEER'S OFFICE THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT In Cooperation with the U.S. Department of Transportation, Federal Highway Administration RELATIVE TO The rehabilitation of Bridge Numbers 01940 and 01941 over the Arkansas and Missouri Railroad on Maple Street and Lafayette Street in Fayetteville (hereinafter called the "Project") using Federal -aid Highway Bridge Program funds. WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) provides 80% Federal -aid funds to be matched with 20% non-federal funds (cash match) for certain bridge replacement and rehabilitation projects; and WHEREAS, the City of Fayetteville (hereinafter called the "City") has expressed its desire to use Federal -aid funds for an eligible project and to provide necessary matching cash share for such funds; and WHEREAS, each project phase will be funded as follows: Preliminary Engineering: Right -of -Way: Utilities: Construction: Construction Engineering: Maximum Minimum Federal % City % 80 20 80 20 80 20 80 20 80 20 ; and WHEREAS, it is specifically agreed between the parties executing this agreement that it is not intended by any of the provisions or any part of the agreement to make the public or any member thereof a third party beneficiary hereunder or to authorize anyone not a party to this agreement to maintain a suit or action for injuries or damage of any nature pursuant to the terms or provisions of this agreement; and WHEREAS, the City understands that the Arkansas State Highway and Transportation Department (hereinafter called "Department") will adhere to the General Requirements for Recipients and Sub -recipients Concerning Disadvantaged Business Enterprises as stated on Attachment A; and IT IS HEREBY AGREED that the City and the Department, in cooperation with the Federal Highway Administration, will participate in a cooperative program for implementation and will accept the responsibilities and assigned duties as described hereinafter. THE CITY WILL: 1. Initially submit to the Department $1,000 (20%) to be matched by $4,000 (80%) Federal -aid funds for Department administrative costs associated with state preliminary engineering, which include but are not limited to, on site meetings, environmental review, and plan and specification review. The City's final cost for this phase will be determined by actual Department charges to preliminary engineering. 2. Be responsible for hiring a consultant engineering firm in accordance with the Local Agency Consultant Selection Procedures (Attachment B) to prepare environmental documentation, plans, specifications, and a cost estimate for construction of the Project and submit plans to the Department for review at the 30%, 60%, and 90% stages. NOTE: FHWA authorization and Department approval must be given prior to issuing a work order to the consultant for federal funds to be allowed in this phase. 3. Ensure that the plans and specifications are developed using the Department's standard drawings . and Standard Specifications for Highway Construction (latest edition). A registered professional engineer must sign the plans and specifications for the Project. 4. Conduct the necessary public involvement meetings and public hearings. 5. Ensure that the plans and specifications comply with the Americans with Disabilities Act (ADA), the American Association of State Highway and Transportation Officials (AASHTO) design standards, and all other applicable state and federal regulations, including airport clearance when necessary, for the type of work involved. 6. Understand that expenditures for preliminary or construction engineering performed by the City's forces are not eligible for reimbursement with federal funds. 7. Make periodic payments to the consultant for environmental documentation and design of the Project and request reimbursement from the Department. 8. Submit a letter to the Right of Way Division of the Department that (1) stipulates the services relative to right-of-way acquisition, appraisal, relocation, and utilities that the City will assume or (2) requests that the Department handle some or all of these services. Acquisition of property must be accomplished in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the "Uniform Act"). NOTE: Failure to notify the =2- Department prior to initiating this phase of work may result in any expenditures being declared non -participating in federal funds. 9. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. 10. Provide a copy of the registered deed or appropriate certification stating the City's clear and unencumbered title to any right-of-way to be used for the Project (Attachment C). 11. Be responsible for 20% of the cost of preliminary engineering, construction, construction engineering, appraisal and acquisition of right-of-way, relocation services (when required), and adjustment of all man-made improvements, including utilities. NOTE: The Maximum amount of Federal funding available for this Project is $1 million. 12. Prior to the Department awarding the contract for construction, submit to the Department the City's 20% matching funds for construction and Department costs associated with construction engineering. The City's final share of cost for construction engineering will be determined by actual Department charges. 13. Be responsible for all costs not provided by the Federal Highway Administration. 14. Be responsible for 100% of all right-of-way*and other costs incurred should the City not enter into the construction phase of the Project. 15. Submit a certification letter (Attachment D), including all items noted, to the Department when requesting that the Department advertise the project for construction bids. 16. Be responsible for 100% of any and all expenditures which may be declared non -participating in federal funds, including any such awards by the State Claims Commission. 17. Be responsible for satisfactory maintenance and operation of all improvements on the Project. Failure to adequately maintain and operate the facility in accordance with Federal -aid requirements will result in withholding future Federal -aid highway funds. 18. Make no alterations to the improvements constructed with Federal -aid funds without first consulting with the Department. 19. Maintain or adopt regulations and ordinances as necessary for proper operation of the improvements and be responsible for the necessary enforcement of operations as required by improvements to city streets. 20. Grant the right of access to the City's records pertinent to the Project and the right to audit by the Department and Federal Highway Administration officials. -3- 21. Submit to the Department a Single Audit in accordance with the Office of Management and Budget (OMB) Circular A-133 each fiscal year that the City expends more than $500,000 of Federal -aid from any federal source including, but not limited to, the U.S. Department of Transportation. The fiscal year used for the reporting is based on the City's fiscal year. The $500,000 threshold is subject to change after OMB periodic reviews. 22. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Attachment E), which is necessary for Project participation. 23. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Attachment F). 24. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its officers and employees from any and all claims, lawsuits, judgments, damages, costs, expenses, and losses, including those arising from claims before the Arkansas Claims Commission or lawsuits brought in any other legal forum, sustained on account of the operations or actions of the City, including any act of omission, neglect or misconduct of said City. Further,'the City shall take no action to compromise the immunity from civil suits afforded the State of Arkansas, the State Highway Commission, Arkansas Code 19-10-305, or the 11th Amendment of the United States Constitution. This obligation of indemnification shall survive the termination or expiration of this Agreement. 25. Assure that its policies and practices with regard to its employees, any part - of whose compensation is reimbursed from federal funds, will be without regard to race, color, religion, sex, national origin, age, . or disability in compliance with the Title VI of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, as amended, Section 504 of the Rehabilitation Act, FHWA Highway Bridge Program Guidance, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR 21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation, and any other Federal, State, and/or local laws, rules and/or regulations. 26. Promptly notify the Department if the Project is rendered unfit for continued use by natural disaster or other cause. THE DEPARTMENT WILL: 1. Maintain an administrative file for the project and be responsible for administrating Federal -aid funds. 2. Review environmental documentation prepared by the City's consultant. IKAE 3. When requested, provide the necessary services relative to right-of-way acquisition, appraisal, relocation, and utility adjustments in accordance with the Uniform Act. 4. Review plans and specifications submitted by the City. 5. Reimburse the City 80% (Federal -aid share) for eligible preliminary engineering costs. 5. Be responsible for preparing bid proposals, advertising the Project, receiving bids, and assembling the contract documents. 6. Be responsible for construction supervision. 7. Be reimbursed for costs involved in performing all the services listed above IT IS FURTHER AGREED that should the City fail to fulfill its responsibilities and assigned duties as related in this Agreement, such failure will disqualify the City from receiving future Federal -aid highway funds. IT IS FURTHER AGREED, that should the City fail to pay to the Department any required funds due for project implementation or fail to complete the Project as specified in this Agreement, the Department may cause such funds as may be required to be withheld from the City's motor fuel tax allotment. IN WITNESS WHEREOF, the parties theret have executed this Agreement this day of , 2011. ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT ' "re4 Dan Flowers Director of Highways and Transportation CITY OF FAYETTEVILLE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT NOTICE OF NONDISCRIMINATION o d Jordan Mayor The Arkansas State Highway and Transportation Department complies with all civil rights provisions of federal statutes and related authorities that prohibited discrimination in programs and activities receiving federal financial assistance. Therefore, the Department does not discriminate on the basis of race, sex, color, age, national origin, religion or disability, in the admission, access to and treatment in Department's programs and activities, as well as the Department's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the Department's nondiscrimination policies may be directed to James B. Moore, Jr., Section Head - EEO/DBE (ADA/504/Title VI Coordinator), P.O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/iTY 711), or the following email address: iames.moore&-arkansashighwa ysr coin. This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. -S- Paul Libertini Submitted By Cxa�W +lav City of Fayetteville Staff Review Form 2016-0668 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Co*0(�_k�S 12/30/2016 Engineering / Development Services Department Submitted Date Division / Department Action Recommendation: Staff recommends approval of Change Orders #04 & #05 which requires the Mayor's signature. Change Order #04 increases the quantity of Latex Modified Concrete by 19.91 cubic yards & Change Order #05 (Final) reconciles the overruns and underruns of the project quantities. The cost of both change orders is $35,011.46 which brings the final project cost to $1,774,080.88. 4470.900.9470-5817.00 Account Number - 06035.1101 Project Number Budget Impact: Sales Tax Capital Improvements Fund Lafayette & Maple Bridges Project Title Budgeted Item? Yes Current Budget $ 2,147,178.00 Funds Obligated $ 1,952,528.87 Current Balance $� 1, 4;64.13 Does item have a cost? Yes Item Cost $ 35,011.46 Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $159,637>7 Previous Ordinance or Resolution # 204-15 V20140710 Original Contract Number: 2390 Comments: Approval Date: I — L q -