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80-15 RESOLUTION
RESOLUTION NO. 80-15 A RESOLUTION TO AWARD BID #15-23 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $1,014,576.50 FOR CONSTRUCTION OF THE UPPER SCULL CREEK DRAINAGE IMPROVEMENT PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $152,185.00, 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 #15-23 and authorizes a contract, a copy of which is attached to this Resolution and made a part hereof, with Crossland Heavy Contractors, Inc. in the amount of $1,014,576.50 for construction of the Upper Scull Creek Drainage Improvement Project, and approves a project contingency in the amount of $152,185.00. 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 and made a part hereof PASSED and APPROVED this 7h day of April, 2015. ATTEST: By: 0&aso. er SONDRA E. SMITH, City Clerk Treasurer. .�->�' • GST Y O�.°.` FAYETTEVJLLE " '�sy9`�kA N�P�•;��'`e City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 p - (479) 575-8323 Text File File Number: 2015-0165 Agenda Date: 4/7/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 1 BID #15-23 - CROSSLAND HEAVY CONTRACTORS, INC. A RESOLUTION TO AWARD BID #15-23 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $1,014,576.50 FOR CONSTRUCTION OF THE UPPER SCULL CREEK DRAINAGE IMPROVEMENT PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $152,185.00, 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 #15-23 and authorizes a contract, a copy of which is attached to this Resolution and made a part hereof, with Crossland Heavy Contractors, Inc. in the amount of $1,014,576.50 for construction of the Upper Scull Creek Drainage Improvement Project, and approves a project contingency in the amount of $152,185.00. 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 and made a part hereof. City of Fayetteville, Arkansas Page 1 Printed on 1011312015 City of Fayetteville Staff Review Form 2015-0165 Legistar File ID 4/7/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Engineering / Chris Brown 3/16/2015 Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: Approval of a contract in the amount of $1,014,576.50 with Crossland Heavy Contractors for the construction of the Upper Scull Creek Drainage Improvement Project, approve a project contingency of $152,185 [1S%), and approve a Budget Adjustment. V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: f Comments: Item cost reflects contract amount of $1,014,576.50 plus a contingency of $152,185.00 for a total item cost of $1,166,761.50. Budget Impact: 4470.9470.5817.00 4470 - Sales Tax Capital Improvements Account Number Fund 02108.902 Upper Scull Creek Drainage Project Number Project Title Budgeted Item? Yes Current Budget $ 1,074,229.00 Funds Obligated $ 18,476.83 Current Balance Does item have a cost? Yes Item Cost $ 1,166,761.50 Budget Adjustment Attached? Yes Budget Adjustment $ 118,762.00 Remaining Budget $ V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: f Comments: Item cost reflects contract amount of $1,014,576.50 plus a contingency of $152,185.00 for a total item cost of $1,166,761.50. CITY OF s a e evl e ARKANSAS MEETING OF APRIL 7, 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: Matt Casey, Engineering Design Manager DATE: March 20, 2015 SUBJECT: Approval of a contract in the amount of $1,014,576.50 with Crossland Heavy Contractors for the construction of the Upper Scull Creek Drainage Improvement Project, approve a project contingency of $152,185 (15%), and a Budget Adjustment. RECOMMENDATION: Staff recommends City Council approval awarding a contract in the amount of $1,014,576.50 to Crossland Heavy Contractors for the construction of the Upper Scull Creek Drainage Improvement Project, approval of a project contingency of $152,185 (15%), and approval of the attached Budget Adjustment. BACKGROUND: In 2008, the City hired McClelland Consulting Engineers to perform a study of the drainage problems for the Upper Scull Creek basin. This includes the area bounded by College Ave. on the west, Lafayette St. on the south, Mission Blvd. on the east and Rebecca St. on the north. The drainage infrastructure in this area is very old and in poor condition. In several cases, the storm sewer is located underneath homes. The culverts are all under -sized with very few access points for maintenance. During heavy stone events, portions of the streets, many yards and some basements are flooded. The McClelland study included several recommendations for storm sewer improvements to alleviate the flooding problems. Using these recommendations, City engineering staff developed designs for the improvements that would provide the most benefit to the properties in this neighborhood. This construction contract is for the largest and the highest priority project from the drainage study. DISCUSSION: On March 13, the City received five (5) construction bids ranging from a low of $1,014,576.50 to a high of $1,511,565.50. Crossland Heavy Contractors submitted the low bid which was approximately 16% below the Engineer's Estimate of $1,207,612.50. Engineering staff Mailing Address: 113 W. Mountain Street wwwfayetteville-ar.gov, Fayetteville, AR 72701 recommend awarding this contract to Crossland Heavy Contractors. The contract time is 365 days (12 months) for substantial completion. BUDGET/STAFF IMPACT: The City has accumulated $1,055,752.17 for drainage projects over the past several years. These funds plus an additional $118,762.00 from the Street ROWIIntersection/Cost Sharing fund is recommended for the funding of this project. This budget adjustment is recommended due to the amount of street work that is associated with this project. This project includes the replacement of curb and gutter and sidewalks that are older and in poor condition. Maple Street will also be receiving a 2" asphalt overlay between Walnut and Olive. Attachments: Exhibit Bid Tab Section 0500 Agreement Section 0400 Bid Form Budget Adjustment Purchase Order Request ti 1 `ak . h'27`t � �, it �����;• ' � r �. <.z' i4 I III ;*', kaiii r: W �f' ,v{a 4' �^ ;r':. doe �E': �'$��f:4 ��� �•. � .��' '..�L17.T-.•,'.-�." n.. r F+:` �.; r • •:' `'Y'„ g „...s.. ':I �': C sn - ...... ..�, yT":: �:.�".� - �.�. _,':>P� , ......... CITY OF City of Fayettevilte, Arkansas Purchasing Division ayeOFFICIAL BID TABULATION eve Bid 15-23, Co4strudion - Upper5cull Creek Drainage Improvement ARKANSAS Friday, March 13. 2015. before 7-00 PM. kcal Time ARCO Ert4avatlon 6 Paving Nre Ern894,60,014044: C,aa4dd Kooy 001Nr«m16 0400 18004164450000 Cap 9xmataa1CaM6uNWp6te RNnt 065081161100 5008y Unit PRI EPERUNIT 10050 50100 P099917 UNIT 70050 !9606 769U110 70750 40811AUNtr TOrAL MUCK P8KUNA TOTAL t Trench and ex®vatlob 0464710 3 LS c S 14,16&00 = S 14.1880 $ 50200010 • S 59,000.00 x $ 10600 • $ 100,00 " $ 35.750.06 • $ 35,75600 z S 8,000.00 =. $ 8000.00 2 T 454 C0ntwt 8 Maintenance I LS x $ 44,940.00 $ 14,4000 = S 50,000,00 S 50.00600 • $ 892554 $ &860.00 • $ 27,000.00 • $ 27,000.00 x S 39.00060 • $ 3&00000 3 IlhOtaatlon (Not l0 Exceed 5% 4010141 180) 1 LS z $ 57,624.00 n S 54926,00 . $ 70,000.90 $ 70000.00 x $ 20,20000 ? $ .20,30000 + $ 74,000,00 • S 74,000,00 + $ 44,000.00 • $ 44000.00 4 Clealin9.Grubb"ag, 8168 0016513.47, 1 LS x $ 21520.00 S 23,22000 x $ 45500.00 • S 45,00600 x S 19AN08 = $ 1,000000 a $ 06,60006 • S 9&60600 0 $ 49,900.00 x $ 48.500.40 5 1B'Iyainfaoad ConcaM l'Oe 71 LW c $ 804$ • $ 4,2223$ x S 190.40 • $ 7,100.00 x $ $490 = $ 5,57400 • $ 122.00 • S 8.662.00 • $ 84,00 c $ 3639,00 6 24• P4id Load C0e08t0107e 31 LF R S 76.16 S 2500.99 • S 140.00 • S 4.34600 x $ 14140 = $ 4,371.60 • S 160.00 • S 4,00054 .9 $ 40.50 x $ 2,495.50 7 8 04500547 000fl1c474 $r, Culvert 1.101 W x $ 093.66 1 653,553.60 ' S 546,00 • $ 711,248,00 x $ 833.00 x $ 506.833.00 v S 855,00 • E 941,36500 x 1 815.00 • $ 897.315,00 9 00.0 51 Place Fmla41hg Wall x1504c00061 61 1 L5 x $ 11,200.00 • S 11,200,00 : S 25,000.00 • S 25,000,00 x $ 3,700.00 • $ 3,700,00 . 5 12.7502 • $ 13,750.00 x S 32.00000 '= S 33.000.00 9 Wingwals 6 Apponarunoesat5Wuiure 811 I LS a $ 9,352,00 + $ 9,35280 • 020200.00 - $ 251600.00 x $ 11,000.00 = S 11,900,0 • $ 7000,00 " $ 7.800,00 • $ &623.00 = 08.62200 10 Co500015 OR0h P4v109 100 SY x S 5607 •. S 5,687.00 • $ 75.00 - S 7,500.60 x S 64.00 r $ 6.40060 • 5 96.00 • S (000,60 z S 55.0 . S 5,600.00 11 4' x 4' trop Inlet(Type C or MO} 3 EA x 3. 3,20420 S %912,00 • f 4,000.00 • 612,000.00 x $ 3.840,0 = S 11,40020 • $ 2,70020 • S 6.100.00 x $ 3200.00 = S. 9.600.95 12 P x4' Ornle Ir4et (Typo C Or MOS 2 EA x S 3,11920 • 3 6,238.40 x 95,000.00 S 10.000.00 a 5 6,000,00 • $ 12500.00 • 63.02020 • S 700.00 x $ 4,000100. *+ 3 8,800.00 i3 8 x 6' C rm Inlet(Typn C Or MOi 1 EA s$ $ $060.00 • S 5,066.00 • S 7,0110.110 $ 7.00000 .5 1 5,7(10.011 = $ 5,706.00: S 1050.00 $ 3.65,06 x S 4500,00 = S 4.50600 14 35.0040004 01 1 15 x $ 10.529.40 = 5 10.528.00 •- 655.00000 . $ 30.00000 x f 11,00600 - 5 11,000.00 • $ 5.10000 • IF 5,100.00 x 5 14,40050 = $ 10.400.06. 15 91 e 9004611801 6 FA z S 1120000 S 67.200.00 + 315,00050 + 5 60,000.00 x S 12,506.00 -= S 75,000.20 • 3 5,00300 • E 33.000,00 c S 1400000 * S $4,000.00 16 6': e' Junction ISox 1 EA c S 9.953,00 =, $ 4)36,000 • 3 36,00603 • $ 50,00600 x 3 12,50600 5 12,500.06 • 5 4,906.00 • E 4.900.20 x S 12300.00 r S 12.50600 17 5 c 9' Olrato h 91 2 EA x $ 14,724.00 • 524,444.00 x 511,04006 • $ 23,00600 x S13,00003 3 26,405,00. _ $ 7,340.00 • 5 14086.00 c 3 16,000.00 - S 3000006 12. x 4.5' Drop I14Ct 611 1 LS x $ 7.112,00 • S 7,11300 • 510.04000 $ 10,000.00 c 3 12,53056 $ _ 12,1506.00 x 1 5.745.00 S 5.745.00 x $ 7,17600 • S 7,12500 19 8440046 10 LW x S 190,00 • $ 1,966.00 • 1 10000 • E 1,000.00 x 3 414,00 = S 1,14606 • S 11,000 • S 1.100.00 x S 200.00 = 5 2,04050 20 9556 0,000960454)43.1 064 0ulva0 3 FA x $ 680.00 • S 2970.06 • 5 5.000.00 • $ 15000.00 x S 856.00 = S 2,80000 x $ 1,7504 • S 5,250.00 R S 1.0096 = $ 490000 21 Relive Sand Slont Gabim Wall 1 LS • 3 12.404,00 • $ 124045,4 • $ 26.00000 • S 2606600 x S 4.&50.0 - E 4,6003 + E 5,30000 S 8,900.00 x S 12,400.0 1 12,00000 Rennet u5, trar)841004 07 Pao WMI r 558 WeI PR 1 LA x S 2.970.00 - S 2,940,06 • $ 5.000.00 $ 5.006.00 • 5 2,700,00 • $ 2,76040 • S 5.000,00 $ 9,000,00 8 5 5.600.00 • f 5,406.90 23 Na0ye Sand Stone Mp 5740 60 35 x $ 16.07 • $ 904,34 • $ 6000 • 5 4.006.00 x f 35.00 • S 2,126.00 v S 75.00 $ 456020 x 5 9640 • $ 540066 24 ConrreteCurb 514 00847 1,255 LA x $ 12.68 = $ 18.201.2$ • $ 3000 $ 3735030 • 3 16.50 ' S 2340220 • S 13.$5 E 18,867.75 z S 76,06 = $ 7024066 25 6"Cmaele0dvawayAp1On 130 3Y x $ 41.44 R S 5,097.20 x $ 80.00 ^ S 10,400.00 x S 7t50 o$ $ 923DD • S 672 -• $ 8.710.00 x 5 6206 = 3 9.46000 6 4• Cm4to) 55dawalk 350 SY x $ 35528 = S 10.781024 • $ 6000 S 71.000.40 x 1 44.00 • S 15.40000 • $ 59.00 • 5 20.65000 • 3 4660 a S 14,003.06 07 tianai9ap Prcess l7anpx 61 Tryncaie4 Crdras 40 8Y • 5 211.12 ' $ 9.44420 x $ 15000 + $ 6,00690 x S 114.00 = $ 4660.00 x 5 150.00 • $ 7,600.06 x S - 5600 • E 2240,00 28 840006005 gephe0 PavementY 500 Sy x $ 1051 • 1 950 n 3.05.00, • S 7.500,00 c 5 10,00 • $ 66,03650 • $ 3.00 • 5 4,306.00 z S 4.95 = S 4.67300 29 2HMAC Pavanasn1O4arlay 1.020 Sy x S 12.82 5 5 13.076.415 x 5 30.00 • $ 30,60600 x $ 24.00 • S 20.106.00 x $ 21.15 • S 21,579.3 x 1 22.00 • $ 2244000 30 A•P1wIL61Poa0R440ir-T4'eWh 200 Sy x $ 82.65 =. $ ..65421 • 560.00 S 12,000,00 x S 6300 = 1 16,50006 % 5 1010 • S 24.206.3 • 1 .100.0 a 5 21,040,50 31 Cravat0100064 AWOOCO R4P41r 20 Tons x $ 34.38 • $ 687.50 + $ `-600 • S 1,000.00 x $ 2100 = S 4269 x $ 3000 S 60000 c. 1 0420 •'$ 68MOD 32 Remove 074 Repana Ma40 001 7 E6 x $ 158.80 = S 1,09719E + S 506.00 S 3,500.06 5 S 19400 $ 1,865.00 • $ 205.00 • S 1,85530 K 557080 = $ 1,105.66 33 98oe152gr 051455050 1 LS x $ 2,3620 = $ 235203 • 52,505.06 S 2000.00 8 $ 224.00 ' 3 20300 • S 25505 • S 26520 x S 215.00 - $ 215.60 34 $460 E4msen,ent(or Fws$ng Sanitary 0$�4606464 15 p3 a $ 141.68 -+ S 2125.20 • 3200.00 • $ 3.003.00 • 5 29000 e S 3.45000 • S 13040 • S 1,990.66 R S 12500 a 5 1,875,00 35 • 10015100464450 7 ' 1.3 c f 9246.00 = S 9240.00 x 59000.00 $ 5,000.00 x S 3700.00 0 $ . 2.795.00 z $ 6.700,00 • S 5,,79550 • $ 920660 a S 9200.90 � RemW0SRain$Sall Exlatl0OFanre a1511 WaIAVt 1 tS • $ 1,07720 •. $ 1,68.20 >' $ 4.000.00 " S 4.006.011 a $ 1,506.00 c $ 1,500.00 • S 1.800,00 • $ 1,600.00 x S 1,436.00 = $ 5,096.06 .1.700-00'. Rem4ve6 Reinala9 3.486 04504 51503 W6, nui 1 10 x S 9,000.97 ' 8 3,796 • S 4,000,00 • S 4.000.00 c $ 2=40,00 u $ 300006 • 3 1.000.+10 • $ 1.800.00 x $ 7,733.40 + 5... 98510 -23,5000I -U0511205954465 Drainage IMQrOm neat Page 1402 aRenE,rax4eloraaa4.irt9lno Sr.—con0 ,o0000 hoc cr000000allorycontr4omre wbho5Conslrumoncom 50000 Ocmlaruaturttnc 0 91de0 Wao9 Piracy Fence tejlh T9p 170 LF 4 $ 4TA3 0 $ 8,063,10 + $ 40-00 • S 6.000.00 + $ 4555 • $ 7.45000 !r S 77.50 • S 4,67550 x $ 40.80 .5 S 7,1060 39 Remove $ flmnsl4n Stine OvrvewaY apron ai 43680! 1 0e + $ 1.739.00 • S 1,739.0 a $ 2,000.00 • S 2,000.00 0 '$ 7003.0 = $ 700.00 v IS 400.00 $ 49050 x S 1.50000 = $ 1.500.00 SONG Sod 1.350 SY x S 4.62 x $ 6,237.06 • S 7.00 • $ 9,450.0 x 3 2.25 . $ 2,037.60 • $ 655 • $ 6.57230 x S 4.50 = $ 5075.09 41 Tree PMe7Oon Facing 460 LF + S 6.72 • S 3.09120 : $ 7,0 S 3,220.0 x $ 2.10 - S 86800 x S 480 5 227000 x S 5.00 0 S 2,30.00 42 F.rgsial Cathol 1 Lg w S 700.00 S 7,909-9P 0 S 35.00.0 • S 26.00.0 s $ 7,300-00 - S 1,00.00 • S 5.50050 3 5500.00 a S 7.600,00 x S 7.50.0 3 (005000 $ Oisp0se of Exlshng Curb arwt Geller 1276 LF w $ 000 - S 6,1000 • $ 10.0 + $ 12,750.0 + 3 1.10 • $ 1.00280 0 $ 4.60 • 6 5,96500 x S 1000 - S 12,750.00 44 66050i5700000004000000400000 spose of Etls6ng SH00000 900 lF x S 5.38 • $ 1814.00 x S 20.0 S 8,00.0 x S 1.20 • $ 360.0 w $ 4.50 • $ 1.35050 a S 10.00 = S 3.00.00 emui4lm03508 1 Ea x $ 120030 u $ 1209,0 x S 3.00.0 $ 9,00.0 + S 2.400,00 x $ 1.40,0 x S 90.00 $ 80.00 + $ 50000 - S 50.00 Sawamove E,Osling PSYeea:et 010 SY a S 930 +- $ 7.833011 + S 15.0 = $ 12.190.0 x S 5.60 = 3 4,455.00 a $ 13.6$ • $ 11056.50 o $ 10.0 = S 5100.00] 7r h01e P61amg for Marc4e0a9cef 50 Trrw x S 21.56 = S 1.0750 + S 175.0 • $ 6750.0 4 $ 13600 - $ 6,6050 • $ 190-00 • $ 9,500,00 o$ 115.0 -= $ 5,?50.00 tiaRtm 10 CY x 5 253.69 $ 2,53680 • $ 200.00 • $ 2.0000 + S 17500 - S• 1,750.00 . S 400.00 $ 4.0050 >' S 22500 = 5 2.20000 49 044 485.00,4,00460068 P"Waphs 1 LS x S 7,26050 n $ 7,28000 x S 10,00.0 $ 10.00.0 x $ 1.90.00 = S 1,900.05 x S 7000-00 S 7.00 -PO + S s0000 $ 55050 50 6• Cu 00014 $seal R6pa0 605 SY 4 S 31.58 • f 19,105.90 a S 90O0 0 $ 46.4050 + i 4350 = S 25,41000 + $ 5750 • g 34-78780 x $ 85.0 . S 57,42506 101.006,43E SIO - - ,F. 7 1,119,361.05 ,___;y 466,45609 " ._. _,';� s 1014,876.66 .-_5;tit4 $1,480,005.20 6015.23, COnst- V3P0o Still Greek bralnage lmpro+em0n1 Page 2 cf 2 DOCUMENT 00500 -- AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: UPPER SCULL CREEK DRAINAGE IMPROVEMENT PROJECT Contract No.: 15-23, Construction THIS AGREEMENT is dated as of the day of ! in the year 2015 by and between The City of Fayetteville, Arkansas and Crossland Heavy Contractors, Inc. (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: The construction of approximately 1100 LF of 8'x4' Reinforced Concrete Box Culvert including the associated structures, earthwork, curb and gutter, sidewalk, drainage, driveways, fencing, retaining walls and miscellaneous related items. The Contract includes work in City of Fayetteville Right-of-way and in Drainage and Temporary Construction Easements. Refer to Section 00400 -Bid Form for quantities: ARTICLE 2- ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 00500 Agreement 00500 - DOCUMENT 00500 — AGREEMENT (continued) 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 395 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 395 calendar days after the date when the Contract Times commence to run. 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 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 Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Seven 00500 Agreement 00500 - 2 Addendum #3 DOCUMENT 00500 — AGREEMENT (continued) Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4- CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal (BID FORM) which is hereto 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. 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 00500 Agreement 00500 - 3 Addendum #3 DOCUMENT 00500 — AGREEMENT (continued) Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 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 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. 00500 Agreement 00500-4 ' Addendum #3 DOCUMENT 00500 — AGREEMENT (continued) 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. 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 00500 Agreement 00500 - 5 Addendum #3 DOCUMENT 00500 — AGREEMENT (continued) 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. 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. 1. 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. 00500 Agreement 00500. 6 Addendum #3 DOCUMENT 00500 — AGREEMENT (continued) 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: I. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: UpDer Scull Creek Drainage Improvement Project 8. Addenda numbers 1-3, inclusive. 00500 Agreement 00500 - 7 Addendum 43 DOCUMENT 00500 — AGREEMENT (continued) 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. 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 limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 00500 Agreement 00500 - 8 Addendum #3 DOCUMENT 00500 — AGREEMENT (continued) 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. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. 00500 Agreement 00500 - 9 Addendum #3 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_______________________ , 20 which is the Effective Date of the Agreement. CROSSLA 1 ON CTORS, INC. CITY F FAY TT DILL _ d ) 1 ' f ' By: Mark Sell By: Lione d�Jot%%l �T rrc Title: President Title. Mayo �'• •� - . FAYETTEVILLE-* ".. (SEAL)I ef. Attest - -' Attest __ 0 Misty Harris, Corporate Secretary 00500 Agreement ' 00500 - 10 Addendum #3 DOCUMENT 00500 — AGREEMENT (continued) Address for giving notices Address for giving notices PO Box 350.501 S East Avenue 113 W. Mountain St. Columbus, KS 66725 Fayetteville., AR 72701 License No. Agent for Service of process Mark Sell (1f Contractor is a corporation, attach evidence of authority to sign.) (attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) Approved As to Form: By: Attorney For: ( -P END OF DOCUMENT 00500 00500 Agreement 00500- 11 Addendum #3 CROSSLAND HEAVY CONTRACTORS 501 S. East Avenue • P.O. Box 350 Columbus, KS 66725 tel 620.429,1410 tax 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 25th 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. sh l be legally binding on Crossland Heavy Contractors, Inc. and their successo a s. Mark S 11, President ATTEST: V Misty arris, 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 17" day of April 2015. 4 Notary Public My Commission Expires: HOLLY RHODES Notary Punic - Stated Kansas MyAppt. Expires 5 www.heavycontractors.com DOCUMENT 0400 —BID FORM Contract Name: Upper Scull Creek Drainage Improvement Project Bid Number: 15-23 Construction BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: Cro E \d cj C11 0ca(-S co tax 35O COtAW� 1C1S D125 ARTICLE 1- INTENT 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2- TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 0400 -Bid Form 00400— 1 Addendum #2 DOCUMENT 00400 —BID FORM (continued) ARTICLE 3- BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: N umber 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: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, 00400 -Bid Form 00400 —2 Addendum #2 DOCUMENT 00400 —BID FORM (continued) investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. F. 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 00400 -Bid Form 00400-3 Addendum #2 DOCUMENT 00400 —BID FORM (continued) Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. L. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. ARTICLE 4.- BID PRICE Bidder will complete the Work in accordance with the Contract Documents for the following price(s): ITE M NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL I Trench and Excavation Safety Systems LS I 2 Traffic Control and Maintenance LS 1 3 Mobilization — Shall not exceed 5% of total bid LS 1 4 Clearing, Grubbing and Demolition LS I (, 5 18" Reinforced Concrete Pipe LF 71 44 t . oQ 14 a 6 24" Reinforced Concrete Pipe LF 31 1 31 - OO 7 8'x4Reinforced Concrete Box Culvert LF 1101 5 33.00 7 g 33 ji 8 Cast in Place Retaining Wall at Structure B 1 LS 317Co I 7OO. c 9 Wingwalls & Appurtenances at Structure B l l LS 1 10 Concrete Ditch Paving SY 100 / 11 4'x4' Drop Inlet (Type C or MO) EA 3 3 o l 12 4'x4' Grate Inlet (Type C or MO) EA 2 zec�. �o 13 6x6' Drop Inlet (Type C or MO) EA I "� po1(�j� 5y2,oeJ 00400 -Bid Form 00400 - 4 Addendum #2 DOCUMENT 00400 —BID FORM (continued) ITE M NO. DESCRIPTION UNIT EST. QTY UNIT PRICE TOTAL 14 Junction Box BI LS I f , 0 d0 o 15 9'x9' Drop Inlet EA 6 1 � 1S oo 16 9'x9' Junction Box EA 1 12 t " . oO 17 9'x9' Grate Inlet EA 2 13�.Dd 18 9'x4.5' Drop Inlet B l l LS I 2z,. Qc 19 Handrail LF 10 20 Plug Existing Box Culvert EA 3 gc�o 21.O' 21 Native Sand Stone Galaion Wall LS 1 .4 b55.00 1 o "Q ` 0O 22 Reconstruct Mortared Stacked Rock Wall at 559 Walnut LS 1 2 t'loo. `� , 0(� 23 Native Sand Stone Rip Rap SY 60 3 OO 2 E QQ ,Q cD 24 Concrete Curb and Gutter LF 1265 .5 23 402 Q 25 6" Concrete Driveway Apron SY 130 •0 *7 +cD 26 4" Concrete Sidewalk SY 350 ] j . 00 27 Handicap Access Ramp With Truncated Domes SY 40 1 l Lt t V 28 Mill Existing Asphalt Pavement 2" SY 500 to . o� S o.00 29 2" HMAC Pavement Overlay SY 1020 f t.6o 2. 30 Asphalt Street Repair — T- Patch SY 200 3.t�0 %d{ .Q 31 Gravel Driveway Surface Repair Tons 20 ? CO 42o.0a 32 Remove and Replace Mailboxes EA 7 j(, t^.0� ____ 00400 -Bid Form 00400-5 Addendum #2 DOCUMENT 00400 —BID FORM (continued) ITE M EST. NO. DESCRIPTION UNIT QTY UNIT PRICE TOTAL 33 Street Sign Relocation LS 1 ,0.00 22.o.00 34 16" Split Steel Encasement for Existing Sanitary Sewer Main LF 15 --�}} LW. Q© 3,40-00 35 30" Water Line Bridge LS I �- 00'00 21DO. 36 Remove and Reinstall Existing Fence at 511 Walnut LS 1 3' 00 l r g0.oO 37 Remove and Reinstall Existing Fence at 501 Walnut LS 1 on 2 OQ(�, ©O 38 6' Double Sided Wood Privacy Fence Top Rail LF 170 Q © ` � (5O. 'D0with 39 Remove and Reinstall Stone Driveway Apron at 435 Olive LS 1 -7CV•p4 -700 r OO 40 Solid Sod SY 1350 2 ZS 31031. SO 41 Tree Protection Fencing LF 460 2. I O q___ 42 Erosion Control LS 1 1 �� 13 . cc' 43 Remove and Dispose of Existing Curb LF 1275 j 4O SQ and Gutter , 44 Remove and Dispose of Existing Sidewalk LF 300 y 2� 2 J • 0� 45 Remove and Dispose of Existing Drop Inlet/Junction Box EA �Q(�. 46 Sawcut and Remove Existing Pavement SY 810 J - o J J vJ , 47 Asphalt Concrete Pathcing for Maintenance of Traffic Tons 50 3�. (0900 -co 48 Rock Excavation CY 10 *7C+� 1 J ` i so. co 49 Audio/Video Recordings and Site Photographs LS 1 [ 90.0o 50 6" Concrete Street Repair SY 605 L00 2 5 .�� 00400 -Bid Form 00400 —6 Addendum #2 DOCUMENT 00400 —BID FORM (continued) TOTAL AMOUNT BID $1)O\t4)S7cO ARTICLE 5- CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6- BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a cashier's check from a bank located in the State of Arkansas or a Bid Bond and in the amount of tyt f ercr.Aj of-- 1Z A Dollars ($ _'l. ). 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: o son ZO1 SS M _ rZ 13a 35a SoL�nn1 c . 1Cs [Q (D125 Email. L� �I�t�Me'�S��rjjry I�l�it/la C� i(1#rW tp t3 . fayM Phone No.,,IIi�'r�17 FAX No. `7 �W' jc� 2177 00400 -Bid Form 00400-7 Addendum #2 DOCUMENT 00400 —BID FORM (continued) ARTICLE 8- TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. SUBMITTED on (�Y' ,k 17 , 2015 . Arkansas State Contractor License No. l 'O If Bidder is: An Individual Name (type or printed): By: (SEAL) (Individual's Signature) Doing business as: Business address: Phone No.: FAX No.: 00400 -Bid Form 00400— 8 Addendum #2 DOCUMENT 00400 —BID FORM (continued) A Partnership Partnership Name: (SEAL) By: (Signature of general partner -- attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: A Corporation or LLC FAX No.: Corporation Name: l �' J�1 A2AVj X tQi k4LS (SEAL) State of Incorporation: Atf1 � Type (General Business, Professional, Service, Limited Liability): (Signature — attach evidence of authority to sign) Name (type or printed): 4 Title: V yV Peck R'r (CORPORATE SEAL) Attest: M i '1 (Signature of Corporate Secretary) Business address: b1 S bBo c 3 Z Co [ifl25 Phone No.: Z IA1 FAX No.: u U" Q tq- 77 END OF DOCUMENT 00400 00400 -Bid Form 00400-9 Addendum #2 DOCUMENT 00430 -- LIST OF SUBCONTRACTORS In compliance with the instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: UPPER SCULL CREEK DRAINAGE IMPROVEMENT PROJECT. Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Clearing/Demolition SWPPP/Erosion Control Roadway/Drainage Retaining Wall Other (designate) Subcontractor's Name and Address NOTE: This form must be submitted in accordance with the Instructions to Bidders. Bidder's Signature MIL vice V(e St de r►t END OF DOCUMENT 00430 00430 -List of Subcontractors 00430 —1 Expected Percentage or Value CROSSLAND HEAVY CONTRACTORS 833 S. East Avenue • P.O. Box 350 Columbus, Kansas 66725 tei 620.429.1410 fax 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 25th 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 He: Crossland Heavy Contractors, Inc. and t1 ATTEST: Misty Harris, Secretazy State of Kansas, County of Cherokee: on 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 20th day of August 2014. LI No Public My Commission Expires: ZaI L °A'�4v P418��,,1 S(AYLEE MANN ST QF K f5A5 My Apr. Exp, 4 f j5 www.heavycentractors.com DOCUMENT 00410 - BID BOND KNOW ALL MEN BY THESE PRESENTS: that we Crossland Heavy Contractors, Inc. PO Box 350 Columbus, KS 66725 as Principal, hereinafter called the Principal, and Fidelity and Deposit Company of Maryland 1400 American Lane. Tower I. 18th Floor Schaumburg, IL 60196 a corporation duly organized under the laws of the State of Maryland 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, in the sum of ***Five Percent of Amount Bid*** Dollars ($ 5% D, for the payment of which sum, well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted a Bid for: UPPER SCULL CREEK DRAINAGE IMPROVEMENT PROJECT NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such Bid, and give such Bond or Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for 00410 -Bid Bond 00410 —1 DOCUMENT 00410 -- BID BOND (continued) which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 13th day of March 20 15 . PRINCIPAL Crossland Heavy Contractors, 1 c. h By N\Lt C.lv t- J i,Ck SURETY Fidelity and Deposit Company of Maryland BY<271 Travis By s, Attorney -in -Fact (CORPORATE SEAL) ATTORNEY -IN -FACT (CORPORATE SEAL) 1400 American Lane, Tower I, 18th Floor Schaumburg, IL 60196 (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) END OF DOCUMENT 00410 00410 -Bid Bond 00410-2 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, Michael D. WHIFFS, Kelly E. KIMMEL and Travis BYERS, 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 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 8th day of January, AD. 2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND �a pipe ,mar a aloe By Secretary Vice President Eric D. Barnes Gerald F. Haley State of Maryland County of Baltimore On this 8th day of January, 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, tome 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 affixed 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 Seal the day and year first above written. Maria D. Adarnski, Notary Public My Commission Expires: July 8, 201 5 POA-F 076-0008O 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 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 1, 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 era 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 seat 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 l 3th day of � March , 2015 . �T M 72i. 'Ja' Thomas O. McClellan, Vice President Glty of Fayetttav111e Purchase Order Request (PG) .:Date: equ�si on c311812916 (Note Fi robasa Order) - -: P.O Number: All PO Requeals shall be scarirled to the Purchasing etn811 Eurehasing agettaVflle ar go+r Purchase shall hot be made un8l an:a dual POh$ been ksued Vendor Vendor ... 13383 Crossland Heavy Contractors Mail Legistar#r OYrs ©N0 #: Name: 2015-0165 Taxable FOB Point Address: P.O. Box 350 ❑`'ES ONO Expected Delivery Date: Quotes Attached 66725 Ship to code: City: Columbus State: KS Dun ❑No 2695 8207 tequester: Chris Brown item Description Quantity Unit of Issue Unit Cost Extended Cost Account Number ProjectSub# Inventoryd Fixed Asset # I Bridge & Drainage Improves. 1 1,014,516.50 $1,014,576.50 4470.8470.5817.00 02108.902 2 Per bid 1523 $0.00 3 $0.00 4 $0.00 5 $0.00 6 $0.00 7 $0.00 8 $0.00 9 $0.00 10 $0.00 Shipping/Handling Lot $0.00 peas ns u ions: Subtotal: $1.914,576.50 Tax: $0.00 Total: $1,014,576.50 Approvals: Mayor: Department Director: Purchasing Manager: Chief Financial Officer: Budget Director: IT Director: Dispatch Manager: Utilities Manager. Other. Revised 1127!2415 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division: Engineering 2015 Dept.: Development Services itequestor: Chris Brown Adjustment Number BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a contract in the amount of $1,014,576.50 with Crossland Heavy Contractors for the construction of the Upper Scull Creek Drainage Improvement Project, approve a project contingency of $152,185 (15%), and approve a budget adjustment. Bid 15-23. COUNCIL DATE: 4/7/2015 LEGISTAR FILE ID#: 2015-0165 LAk7TLWal FeU' 3/20/2015 3:12 PM Budget Director TYPE: DESCRIPTION: Date GLDATE: RESOLUTION/ORDINANCE POSTED: / v.20150102 TOTAL Increase/(Decrease Proiect.Sub# Account Number Expense Revenue Project Sub AT Account Name 4470.9470.5817.00 (1,048,000) - 02108 1 EX Bridge & Drainage Improve 4470.9470.5809.00 (118,762) - 02116 1 EX Street Improvements 4470.9470.5817.00 1,166,762 - 02108 902 EX Bridge & Drainage Improve C:\Users\dmccoy\AppData\Roaming\L5\Temp\e8ddd726-7cfb-4626-932a-e8b3d648c4bd 1 of 1 80 � Bond No. 09174529 DOCUMENT 00610 — PERFORMANCE BOND: KNOW ALL MEN BY THESE PRESENTS: that Columbus, KS 66725 as Principal, hereinafter called Contractor, and Fidelity and Deposit Company of Maryland,,,,,,,_._.. Schaumburg, IL 60196 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 Doc rD: 036293760011 Type: LIE Kind: PERFORrIANCE BOND Recorded: 04/22/2015 at 09:15:32 AM Fee Amt: $65.00 Page I of 11 Washington County, AR Kyle Sylvester Circuit Clerk FileBO33-00000134 as Obligee, hereinafter called Owner, in the amount of $ ** 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 April 7 , 20 15, entered into a contract with Owner for UPPER SCULL CREEK DRAINAGE IMPROVEMENT PROJECT 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 **One Million Fourteen Thousand Five Hundred Seventy Six and 50/100 Dollars ($1,014,576.50) 00610 Performance Bond 00610— 1 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 Surety jointly 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 13th day of April 20 m . CONTRACTOR Crossland a act rs By I'Yla et Rres� c e�-t` 00610 Performance Bond 00610-2 (CORPORATE SEAL) DOCUMENT 00610 — PERFORMANCE BOND: (continued) 411 GN I'd Fidelity and De os' of Maryland By Kelly E. Kimmel, Attorney -in -Fact and Licensed Arkansas Agent ATTORNEY -IN -FACT Corporate Woods Building 5BuiIdin 51.W. 110th Street Ste. 600 (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) COUNTERSIGNED: Resident Agent State of Arkansas **Not Applicable. Countersignature Repealed** (CORPORATE SEAL) Approved as to Form: Attorney for END OF DOCUMENT 00610 00610 Performance Bond 00610.3 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, Michael D. WHIPPS, Kelly E. KIMMEL and Travis BYERS, 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 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 8th day of January, A.D. 2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND q 6EI0,„w M • =sbe 1988 Secretary Vice President Eric D. Barnes Gerald F. Haley State of Maryland County of Baltimore On this 8th day of January, 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 helshe is the said officer of the Company aforesaid, and that the seals affixed 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 Seat the day and year first above written. ilf Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 POA-F 076-0008C 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 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 Seat of the Company may be affixed by facsimile on any Power of Attomey._.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' 3th day of April , 20 15 . ti i �a � S�FfS_���[p)4 ppMMw Thomas O. McClellan, Vice President Bond No. 09174529 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 PO Box 350, 501 S East Avenue Columbus. KS 66725 as Principal, hereinafter called Contractor, and Fidelity and Deposit Company of Maryland Schaumburg, IL 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 $ * * , 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 April 7 , 20 15 , entered into a contract with Owner for UPPER SCULL CREEK DRAINAGE IMPROVEMENT PROJECT 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 defimed, 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: **One Million Fourteen Thousand Five Hundred Seventy Six and 501100 Dollars ($1,014,576.50) 00611 Labor and Material Payment Bond 00611-1 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. 00611 Labor and Material Payment Bond 00611 —2 DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) 3. 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 13th day of Aril 20 15 . CONTRACTOR By IMg�k el � �Ycs Y11t7 Itl F' and Deposit Company of Maryland By Kelly E. Kimmel, Attorney -in -Fact and Licensed Arkansas Agent 00611 Labor and Material Payment Bond 00611 - 3 (CORPORATE SEAL) COUNTERSIGNED: Resident Agent State of Arkansas **Not Applicable, Countersignature Repealed** M DOCUMENT 00611— LABOR AND MATERIAL PAYMENT BOND: (continued) ATTORNEY -IN -FACT (CORPORATE SEAL) Corporate Woods Building 51, 9393 W. 110th Street, Ste. 600 (This Bond shall be accompanied with Attorney -in -Fact's authority from Surety) Approved as to Form: Attorney for END OF DOCUMENT 00611 00611 Labor and Material Payment Bond 00611-- 4 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, Michael D. WHIPPS, Kelly E. KIMMEL and Travis BYERS, 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 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 8th day of January, A.D. 2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND fop.. -....y It!► Mp 9EIq w1r O • 88AI. W -� i 3 'la3 ,u'. BY Secretary Vice President Eric D. Barnes Gerald F. Haley State of Maryland County of Baltimore On this 8th day of January, 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 affixed 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 Seal the day and year first above written. 9Do2a `r�!!!Il 11t11t ti`` Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 POA-F 076-0008C 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 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 1, 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 13th day of 8prii ,2Q15..... 9 5 C �� 1P -S i111A f 'f oL 3XAL "ss1 :03 •NNIII Thomas O. McClellan, Vice President