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HomeMy WebLinkAbout107-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 107-17 File Number: 2017-0223 BID #17-31 FOUNDATION SPECIALTIES, INC.: A RESOLUTION TO AWARD BID #17-31 AND AUTHORIZE A CONTRACT WITH FOUNDATION SPECIALTIES, INC. IN THE AMOUNT OF $34,918.00 FOR THE INSTALLATION OF MICROPILE FOUNDATIONS FOR THE CATO SPRINGS TRAIL BRIDGE NO. 3, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,491.80 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 #17-31 and authorizes Mayor Jordan to sign a contract with Foundation Specialties, Inc. in the amount of $34,918.00 for the installation of micropile foundations for the Cato Springs Trail Bridge No. 3, and further approves a project contingency in the amount of $3,491.80. PASSED and APPROVED on 5/16/2017 Attest: Sondra E. Smith, City Clerk Treasurer FAYETfEVILLE~ lee Page 1 Printed on 5/17/17 r � City of Fayetteville, Arkansas 113 West Mountain Street t Fayetteville. AR 72701 (479) 575-8323 Text File File Number: 2017-0223 Agenda Date: 5/16/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 4 BID 417-31 FOUNDATION SPECIALTIES, INC.: A RESOLUTION TO AWARD BID #17-31 AND AUTHORIZE A CONTRACT WITH FOUNDATION SPECIALTIES, INC. IN THE AMOUNT OF $34,918.00 FOR THE INSTALLATION OF MICROPILE FOUNDATIONS FOR THE CATO SPRINGS TRAIL BRIDGE NO. 3, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,491.80 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 #17-31 and authorizes Mayor Jordan to sign a contract with Foundation Specialties, Inc. in the amount of $34,918.00 for the installation of micropile foundations for the Cato Springs Trail Bridge No. 3, and further approves a project contingency in the amount of $3,491.80. City of Fayetteville, Arkansas Page 1 Printed on 511712017 Matt Mihalevich Submitted By 4 City of Fayetteville Staff Review Form 7-0273 iAegistar Bile i May 16th, 2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/25/2017 Engineering / Development Services Department Submitted Date Division / Department Action Recommendation: Award of Bid 17-31 and authorization of a contract with Foundation Specialties, Inc. in the amount of $34,918 for the installation of micropile foundations for the Cato Springs Trail Bridge No. 3 and approval of a 10% contingency in the amount of $3,491.80. 4470.800.8830-5814.05 Account Number 02016.1405 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Current Budget Funds Obligated Current Balance Sales Tax Cap Imp Fund Cato Springs Trail Project Title r Item Cost $ Budget Adjustment $ Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: 3,169,570.00 3,002,186.37 34,918.00 CITY OF Fay% 7-1 les ARKANSAS MEETING OF MAY 16, 2017 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Terry Gulley, Transportation Services Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: April 251h, 2017 SUBJECT: 2017-0233 Cato Springs Trail — Micropiles RECOMMENDATION: Award of Bid 17-31 and authorization of a contract with Foundation Specialties, Inc. in the amount of $34,918 for the installation of micropile foundations for the Cato Springs Trail Bridge No. 3 and approval of a 10% contingency in the amount of $3,491.80. BACKGROUND: The 2.9 mile Cato Springs Trail will extend the Razorback Regional Greenway to the Kessler Mountain Regional Park and provide an active transportation -route for all the residents of Northwest Arkansas to visit and enjoy the cultural and recreation amenities and beautiful natural areas in Fayetteville. -Due to the large scale of the trail, the project has been divided into 2.3 miles being constructed by the City in-house trail construction crew and 0.6 miles to be built by Boulder Construction who was the low bidder of bid 16-53 and approved by resolution 183-16. The 2.3 -mile in-house section includes a 130 -foot long bridge which has been designed with a micropile foundation system. The micropiles will be drilled into the solid rock below to support the bridge abutments. The installation of micropiles requires special equipment so the City has -solicited formal bids through bid 17-31. DISCUSSION: Foundation Specialties, Inc. was the only bidder who responded to the request for formal bids on April 19th 2017. The City has had a successful working relationship with Foundation Specialties, Inc. as they have installed many of the micropile bridge foundations along the trail system. BUDGET/STAFF IMPACT: The City was awarded a matching grant of $2,000,000 for the Cato Springs Trail from the Walton Family Foundation recognized through Resolution 73-16. Funding for the micropiles has been budgeted through the Cato Springs Trail Project. Attachments: Cato Springs Trail Map Bid 17-31 Bid Submittal and Tabulation Contract — Foundation Specialties Inc. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 .. pox°rksack Greeffal li'Bil N a; i oospJ s2 O 4 _r 1 .1' 3• •: pistiC+a�ie 'sl ptaisie�Y� O N Q Q W N m m U a� O C) LL OILO I O O � o � r IC) 4" pa i-atim I U Q o All OO O +� .+i♦i 1. ar �Y. U V , O J a M C • O O ,6 war _ {+►iflil\i411 Z (� N N l ... t� +J U) l i { . / O w m Lli caN to — w . N s D C rrP .. , � w• o ` rn L ` o O1 d •., ca o U C7 . O N Q Q W N m m U a� O C) LL OILO I O O � o � r IC) 4" pa i-atim I U Q o All OO .^y-.+�,� .+i♦i 1. ar �Y. ! 4hVr)tIR^tt,9 w • v �� ..i • �� ,6 war _ {+►iflil\i411 'la..........{aaP y*► U �...,, caN to — .. D 00 rrP .. , � w• U to L ` o O1 d •., ca o . O U O N Q Q W N m m U a� O C) LL OILO I O O � o � r IC) 4" pa i-atim I U Q o All OO .CU ..i 'la..........{aaP y*► lam, P staff d � 0 G 1 O N Q Q W N m m U a� O C) LL OILO I O O � o � r IC) 4" pa i-atim I U Q o All OO CITY OF OVI AIF RKANSAS Bid 17-31, Construction - Micropiles **Official Bid Tabulation** Bid: 17-31 DATE: 4.19.2017 TIME: 2:00 PM CITY OF FAYEITEVILLE Bidder Total Lump Sum Bid Foundation Specialties, Inc $34,918.00 *NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: KL /L� z / t A. Rennie, Purchasing Manager ess Date: 4 City of Fayetteville Bid 17-31, Construction — Micropiles Bid Form Contract (Name: Bid 17-31, Construction - Micropiles Bid Number-, 17-31 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: Foundation Specialties, Inc. Section 1—Intent- 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of Fayetteville in the forth 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, Section 2 -Terms & Conditions: 2. Bidder accepts ad 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 180 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 nate of City's !Notice of Award. Section 3 — Bidder's Representations: 1n 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 Addendurn #1 April 14, 2017 B.j 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. City of Fayetteville, AR Bid 17-31, Construction - Micropiles Rage 22 of 44 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 acknowiedges that City 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. B,) Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. 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 tirnes, price, anti other terms and conditions of the Contract Documents. G.) Bidder is aware of the general nature of work to be performed by City 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 Isnown to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, exp oratons, tests, studies, and data with the Contract Documents. 1,) Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder, J.) The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K.) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or share 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 City. City of Fayetteville, AR Bid 17-31, Construction — Micropiles Page 23 of 44 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. M.) No Bid shall be based upon aggregate of Subcontractors performing more than 60 percent of the total Work. N.) The experience, past performance, and ability of each proposed Subcontractor will be considered in the evaluation of Bids. Any Subcontractor so requested shall be required to furnish experience statements prior to the Notice of Awards. O.) As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Girder. Certification can be done by completing and signing this form. 1. Federal Executive Order (IF,O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government, 2. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Section 4—Price: Total Lump sum Bid in the amount of $ 34,918.00, Thirty Four Thousand Nine Hundred Eighteen Dollars Section 5 -- Listintt of Subcontractors: I, the signed General Contractor, certify that proposals from the following subcontractors were used in the preparation of my proposal. I agree that if I am the successful bidder, and if the following subcontractors are approved by the City, I will not enter into contracts with others for these divisions of the Work without written approval from the City. Type of Work:. No Subcontractors Subcontractor's Name: Arkonsas Lrcensc No: Address. Date Firm Established: Percentage of Work: Type of Work: No Subcontractors Subcontractor's Name: Arkansas License No: Address: Date Firm Established: Percentage of Work: Type of Work: No Subcontractors Subcontr'actor's Name: Arkansas License No: City of Fayetteville, AR Bid 17-31, Construction - Micrcpiles Page 24 of 44 Address: Date Firm Established: Percentage of Work: _ Section 6—Contra_ Times: A.) Bidder agrees that the Work will be substantially completed and ready for final payment within the number of calendar days indicated in the Agreement, B.) Bidder accepts the provisions of the Agreement referring to liquidated damages in the event of failure to complete the Work with the times specified in the Agreement. Section 7—Communications: A,) Communications concerning this Bid shall be addressed to the Bidder as follows: Foundation Specialties, Inc. r PO Box 505 _ Lowell, Aft 72745-0505 Phone No. 479-756-2930 FAX No. 479-756-2951 A.) This bid is being submitted in good faith, according to the entire bid package presented: SUBMITTED on this 19th pate of ApnH o 17 Arkansas State Contractor License No 0039030318 HUNS Ii 062154208 CAGE CODE: 57HE2 If Bidder is: OPTION 1: An individual Name (type or printed): By: Doing business as: Business address: Phone No.: City of Fayetteville, AB Bid 17-31, Construction— Micropiles Page 25 of 44 - -- -- (SFAI ) (Individual's Signature) FAX No.: OPTION 2: A Partnership Partnership Name: By: (Signature of general partner— attach evidence of authority to sign) Name (type or printed). Business address: Phone No.: FAX No.: OPTION 3: A Cor;orat!on or LLC Foundation Specialties Inc. Corporation Name: (SEALi Date of Incorporation: ° September 15, 1989 Type (General Business, Professional, Service, Lirnited Llability): _ General eusinesS By (Signature — attach evidence of authority to sign) Name (type or printed): Paul Gintt►nio Title: President R. GLEN CARTE'SECRETARY-TREASURER (CORPORATE SEAL) Business address: 881 Hatchet Rd., Bethel Heights, AR 72764-8465 Phone No.: 479-756-2930 FAX No.. 479-756-2981 City of Fayetteville, AR Hid 17-31, Construction Nlicropi4eS Page 26 of 44 4 City of Fayetteville Bid 17-31, Construction - Micropiles Vendor References The foll"owing information is required from all Bidders so all bids may be reviewed and properly evaluated. COMPANY NAME: —E=ach `Bn-S42 iAft Inc. BUSINESS ADDRESS: 881 Hatcher Rd, Bethel Heights, AR 72764-8465 NUMBER OF YEARS IN BUSINESS: 28 HOW LONG IN PRESENT LOCATION: 28 years in NWA TOTAL NUMBER OF CURRENT EMPLOYEES:.e 21 FULL TIME 0 PARTTIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: 4 FULL T€ME 0 PARTTIME PLEASE LIST FOUR (4) LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (S) YEARS LAif fi%ds must be eomGletedf. Contractors shall have valid experience. 1. City of Fayetteville - Trails Coordinator 2. Boulder Construction COMPANY NAME COMPANY NAME Fayetteville, AR 72702 CITY, STATE, ZIP Matthew Mihalevich CONTACT PERSON 479-444-3416 TELEPHONE 02-13-2015 DATE -COMPLETED mmihaievich@fayetteville.ar.gov -MAIL ADDRESS 3. Crossland Heavy Contractors COMPANY NAME Rogers, AR 72756 CITY, STATE, ZIP Dan Thompson CONTACT PERSON 479-366-1637 TELEPHONE 06-23-2016 DATE COMPLETED dthompsorm car heavycontractors. com E MAIL ADDRESS City of Fayetteville, AR Bid 17-31, Construction — Micropiles Page 27 of 44 Fayetteville, AR 72701 CITY, STATE, ZIP Ron Troutman CONTACT PERSON 479-521-9881 TELEPHONE 10-22-2013 DATE COMPLETED ron@bou ld erconst, com E-MAIL ADDRESS 4. 'Arco Excavation & Pav COMPANY NAME Bentonville, AR 72712 CITY, STATE, ZIP Matt Cravey CONTACT PERSON 479-451-8000 TELEPHONE 05-22-2014 DATE COMPLETED matt@arocexc.com arocexc.com E-MAIL ADDRESS CITY OF F ay 1� ARKANSAS City of Fayetteville Bid 17-31, Construction — Micropiles Contract — Micropiles Terms: Single Project - Lump Sum This contract executed this lD411day of , 2017, between the City of Fayetteville, Arkansas, and Foundation Specialties, Inc. In consideration of the mutual cotenants contained herein, the parties agree as follows: 1. Foundation Specialties, Inc. at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 17-31 as stated in Foundation Specialties, Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 17-31, all included herein as if spelled out word for word. The City of Fayetteville shall pay Foundation Specialties, Inc. based on their bid proposal in an amount not to exceed $34,918.O0 for the initial scope of work. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after acceptance of invoice. 3. The Contract documents which comprise the contract between the City of Fayetteville and Foundation Specialties, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 17-31 with the specifications and conditions typed thereon. B. Foundation Soecialties, Inc, bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and Foundation Specialties, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Foundation Specialties, Inc..., 5. Foundation Specialties, Inc. shall not assign its duties under the terms of this agreement. 6. Foundation Specialties, Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Foundation 5 eciaities Inc. performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. Foundation Specialties, Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Foundation Specialties, Inc. shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workmen's Compensation Statutory Amount City of Fayetteville, AR Bid 17-31, Construction — Micropiles Page 1 of 2 Comprehensive General & Automobile Insurance Bodily Injury Liability Property Damage Liability $500,000 for each person injured. $1,000,000 for each accident. $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by Foundation Specialties, Inc.. 8. Foundation Specialties, Inc. to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Foundation Specialties, Inc. with 30 days written notice. 10. This project shall be completed within 30 calendar days from issue date of Notice to Proceed. 11. Liquidated Damages: N/A 12. Freedom of Information Act: City of Fayetteville 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 photo coping costs pursuant to the FOIA may be assessed for this compliance. 13. Changes in Scope or Price: 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. WITNESS OUR HANDS THIS//-,'4fDAY OF �-L/ 2017. Foundation Specialties. Inc. CITY OF AYETT ILL , RKANSAS By- Signature ION J0 AN, 'Mayor Paul Gintonio its President Printed Contractor Name & Title ATT ST (Signature) R. Glen Carte Company Secretary (Printed Name) Business Address Bethel Heights AR 72754-8465 City, State & Zip Code Date Signed: April 20, 2017 City of Fayetteville, AR Bid 17-31, Construction — Micropiles Page 2 of 2 ATTEST: (Signature) Sondra Smith, City Clerk •;'cam' c�;1-AYETXEMILLE; :fX, C") kA t4 Date Signed:"�6 "0 A �— �® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/23/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MNH Tullis 124 W. Capitol Ave Suite 1820 Little Rock AR 72201 CONTACT Chert. Irby y PHONE 501-801-5866 FAX 501-801-5867 A/C No Ext): AIC No): ADDRIESS:cirby@mnhtullis.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Union Insurance Company of 21423 INSURED Foundation Specialties, Inc. P.O. Box 505 Lowell AR 72745 INSURERB:EMCASCO Insurance Co. 21407 INSURER C:Em to ers Mutual Casualy co. 21415 INSURER D: INSURER E: INSURER F: cnvGOAr_Fc CFRTIFICATF NIIMRFR!CL1662252692 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDYYY /Y LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A = CLAIMS -MADE EXI OCCUR DAMAI III PREM SES Ea occur ante $ 300,000 MED EXP (Any one person) $ 10,000 X Blanket Contractual Liab X 5D11377 7/1/2016 7/1/2017 X XCU Not Excluded PERSONAL& ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY � PRO - POLICY E LOC Employee Benefits $ 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea ccident $ 1,000,000 a BODILY INJURY (Per person) $ B X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS X 5E11377 7/1/2016 7/1/2017 BODILY INJURY (Per accident) $ PeOPERTntDAMAGE $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 CEXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ 10,000 $ X 5J11377 7/1/2016 7/1/2017 B WORKERS COMPENSATION EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) A NIA 5611377 7/1/2016 7/1/2017 X PER TEE STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 if yes, describe under DESCRIPTION OF OPERATIONS below C Leased/Rented Equipment 5C11377 7/1/2016 7/1/2017 $400,000 Per Item/Maximum $1,000 Ded. C Installation Floater 5C11377 7/1/2016 7/1/2017 $50,000 Per Job/Maximum $1,000 Ded. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Bid 17-31 Construction-Micropiles If required by written contract, City of Fayetteville is included as an additional insured in regards to General Liability & Automobile Liability. Umbrella policy follows form of the underlying policies. ct=CTICInATF Nni ni=p CANCELLATION ACORD 25 (2014/01) INS025 (201401) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fayetteville 113 Mountain Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Fayetteville, AR 72701 AUTHORIZED REPRESENTATIVE Josh Tritt/CHERI ACORD 25 (2014/01) INS025 (201401) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Performance Bond (Conforms with The American Institute of Architects A.I.A. Document No. A-311 - February 1970 Edition) Bond No: 2256763 KNOW ALL MEN BY THESE PRESENTS: that Foundation Specialties, Inc., P.O. Box 505, Lowell, Arkansas, 72745, as Principal, hereinafter called Contractor, and, North American Specialty Insurance Company, 650 Elm Street, Manchester, NH 03101 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, 113 W. Mountain Street, Fayetteville, Arkansas, 72701, as Obligee, hereinafter called Owner, in the amount of Thirty-four Thousand Nine Hundred Eighteen And No/100THS Dollars ($34,918.00), 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 by written agreement dated this 16th day of May, 2017, entered into a contract with Owner for Cato Springs Trail - Bridge #3, Abutment Micropile Construction in accordance with Drawings and Specifications prepared by , , , , , which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. Illlill (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII Illli IIIII IIIII IIIII IIIII IIII IIII Doc ID: 017464920005 Type: LIE Kind: PERFORMANCE BOND Recorded: 05/30/2017 at 11:43:31 AM Fee Amt: $35.00 Page 1 of 5 Washington County, AR Kyle Sylvester Circuit Clerk FileBO34-00000653 PERFORMANCE BOND (Conforms with The American Institute of Architects A.I.A. Document No. A-311 - February 1970 Edition) 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 1) Complete the Contract in accordance with its terms and conditions, or 2) 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 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 (2) 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 23rd of May. 2017. Witness Foundation S ecialties Inc. ��Peal Seal Nor American SpecialtV SpecialInsurance Company SuJety Cheri Lynn Irby, Attorn y -In -Fact Labor and Material Payment Bond (Conforms with The American Institute of Architects A.I.A. Document No. A-311 - February 1970 Edition) THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT Bond No: 2256763 KNOW ALL MEN BY THESE PRESENTS: that Foundation Specialties, Inc., P.O. Box 505, Lowell, Arkansas, 72745, as Principal, hereinafter called Contractor, and, North American Specialty Insurance Company, 650 Elm Street, Manchester, NH 03101, as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayefteville, 113 W. Mountain Street, Favefteville, Arkansas, 72701, as Obligee, hereinafter called Owner, in the amount of Thirty-four Thousand Nine Hundred Eighteen And No/100THS Dollars ($34,918.0 ), 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 by written agreement dated this 16th day of May, 2017 entered into a contract with Owner for Cato Springs Trail - Bridge 0, Abutment Micropile Construction, in accordance with Drawings and Specifications prepared by , , , , , which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material 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: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal 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. 2. The above named Principal 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 ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant may 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. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (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 The Principal, 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. b) After the expiration of one (1) year following the date on which Principal ceased Work on said 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. c) 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. 4. 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 23rd day of Mav, 2017. Foundation Specialties, Inc. (Principal) (Seal) (Witness) �QB�ttiU (Title) (Seal) Norjb American Specialty Insurance Company . (Surety) (Seal) dAl I h 9 r& f "( (Witness) \ A Ch ri Lynn Irby, Attorney -In -Fast U of 2 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: CHERI LYNN IRBY, JENNIFER BLAIR LEWIS, MARY JO ZAKRZEWSKI, JOSHUA D. TRITT, JAMES B ROGERS JR., and MICHAEL L. TULLIS JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9`h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." 4 . .....,,...'IfSi 4� t10NgC/ Z°�O�r'G ��''oRPo •'G By `!, S�(_ :0= Steven P. Anderson, Senior Vice President of Washington International Insurance Company SFAL y 1973 tyi� ZZ:& Senior Vice President of North American Specialty Insurance Company F ;m N/i1/g111I1M\0U B Michael A. Ito, nwr ice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 21st day of August. 2015 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 21st day of August 20 15 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M KENNY NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 12(04/2017 y A& . M. Kenny, Notary Pubiic ;l I, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this n day of 20��1 . Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company