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HomeMy WebLinkAbout247-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 247-18 File Number: 2018-0634 BID #18-48 HUTCHENS CONSTRUCTION CO.: A RESOLUTION TO AWARD BID #18-48 AND AUTHORIZE A CONTRACT WITH HUTCHENS CONSTRUCTION CO. IN THE AMOUNT OF $54,411.50 FOR THE MILLING, RESURFACING AND RESTRIPING OF PARKING LOT 55, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,882.30 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLI, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #18-48 and authorizes Mayor Jordan to sign a contract with Hutchens Construction Co. in the amount of $54,411.50 for the milling, resurfacing and restriping of Parking Lot 55, and further approves a project contingency in the amount of $10,882.30. PASSED and APPROVED on 12/4/2018 Page 1 Attest: _ <<R K t�t t ►��'�A Sondra E. Smith, City Clerk T iT Y p,�;•t'''� z. FAYETTEV,LLE, `; N Cn ►t� Printed on 1215118 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File --� r File Number: 2018-0634 Agenda Date: 12/4/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 3 BID #18-48 HUTCHENS CONSTRUCTION CO.: A RESOLUTION TO AWARD BID #18-48 AND AUTHORIZE A CONTRACT WITH HUTCHENS CONSTRUCTION CO. IN THE AMOUNT OF $54,411.50 FOR THE MILLING, RESURFACING AND RESTRIPING OF PARKING LOT 55, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,882.30 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 #18-48 and authorizes Mayor Jordan to sign a contract with Hutchens Construction Co. in the amount of $54,411.50 for the milling, resurfacing and restriping of Parking Lot 55, and further approves a project contingency in the amount of $10,882.30. City of Fayetteville, Arkansas Page 1 Printed on 121512018 Justin Clay Submitted By City of Fayetteville Staff Review Form 2018-0634 Legistar File ID 12/4/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/7/2018 PARKING MANAGEMENT (430) Submitted Date Division / Department Action Recommendation: Approval of a resolution awarding Bid 18-48 and authorizing a contract with Hutchens Construction Co. in the amount not to exceed $54,411.50 for the milling, resurfacing, and restriping of Parking Lot #55, and to approve a project contingency in the amount of $10,882.30 2130.430.9130-5819.00 Account Number 06001 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? NA Budget Impact: 2130 Fund Parking Lot Improvements and Overlays Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title 76,075.00 76,075.00, 65,293.80 10,781.20 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 4, 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff CITY COUNCIL MEMO FROM: Justin Clay, Parking Manager DATE: November 7, 2018 SUBJECT: Approval of a resolution awarding Bid 18-48 and authorizing a contract with Hutchens Construction Co. in the amount not to exceed $54,411.50 for the milling, resurfacing, and restriping of Parking Lot #55, and to approve a project contingency in the amount of $10,882.30 RECOMMENDATION: Staff recommends approval of a resolution awarding Bid #18-48 and authorizing a contract with Hutchens Construction Co. in the amount not to exceed $54,411.50 for the milling, resurfacing and restriping of Parking Lot #55, and to approve a project contingency in the amount of $10,882.30. This is a budgeted item accounted for in the Parking Division's CIP program. BACKGROUND: The City currently manages eleven (11) public parking lots located in the Downtown Business and Entertainment Districts. The surface lots are asphalt that periodically require general maintenance such as crack seal, seal coat, restriping, patching, and bumper block replacements. These lots also require a complete asphalt overlay on a less frequent basis. DISCUSSION: Parking Lot #55 located at 316 N. West Avenue, just north of Dickson Street, is the most heavily utilized City lot in the Entertainment District, averaging over $175 per space/per month (the district average is approximately $77 per space/per month). The lot has undergone several crack seal and patching repairs over the years but is now in need of a full asphalt overlay to prevent greater deterioration of the lot. Other recent improvements on the lot include LED light installations and a low -impact development (LID) permeable paver installation. BUDGET/STAFF IMPACT: No budget or staff impact. Attachments: Bid 18-48 Agreement Bid Tab 18-48 Site Map Bid Submittal Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY OF FAYETTEVILLE ARKANSAS City of Fayetteville, AR Contract for: Bid 18-48, Construction - Lot 55 Repave Contractor/Vendor: Hutchens Construction Co Term: Single Project This contract executed this 0' day of , 2018, between the City of Fayetteville, Arkansas (City) and Hutchens Construction Co In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Hutchens Construction Co 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 18-48, Construction --Lot 55 Repave as stated in Hutchens Construction Co bid response, and in accordance with specifications attached hereto and made a part hereof under Bid 18-48, all included herein as if spelled out word for word. a. This turn -key project providing labor and materials shall be provided to the City for a notto exceed fee of $54,411.50 US Dollars. b. The City of Fayetteville shall pay Hutchens Construction Co for completion of the project based on a percentage of work completed. At no point shall payment exceed the percentage of work completed, as determined by the City. c. Payments will be made after approval and acceptance of work and submission of invoice Payments will be made approximately 30 days after approval of invoice. The City of Fayetteville reserves the right to request receipts For materials purchased for the City of Fayetteville from suppliers, subcontractors, or other sour res. The City of Fayetteville does not agree to any interest or penalty for "untimely" payments. d. The City shall withhold five percent (5`/) retainage from all payments until project is completed in full. 2. The Contract documents which comprise the contract between the City of Fayetteville and Hutchens Construction Co consist of this Contract and the following documents attached hereto, and made a part hereof: a. Bid package identified as Bid 18-48 Construction — Lot 55 RepaV with the specifications and conditions typed thereon inclusive of all bidding documents, plans and drawings and issued addenda. b. Hutchens Construction Co's bid proposal. c. The Notice to Prospective Bidders and the Bid Tabulation. 3. These Contract docur-nents constitute the entire agreement between the City of Fayetteville and Hutchens Construction Co and may be modified only by a duly executed written instrument signed by the City of City of Fayetteville, AR Bid 18-48, Contract Page :1 of S Fayetteville and Hutchens Construction Co. 4. Hutchens Construction Co shall not assign its duties under the terms of this agreement. 5. Hutchens Construction Co 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 Hutchens Construction Co 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. 6. Hutchens Construction Co 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, Hutchens Construction Co 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. The premiums for all insurance and the bond required herein shall be paid by Hutchens Construction Co. a. Workmen's Compensation: Statutory Amount b. Comprehensive General & Automobile Insurance: $500,000 for each person injured. c. Bodily Injury Liability: $1,000,000 for each accident. d. Property Damage Liability: $1,000,000 aggregate. 7. Hutchens Construction Co shall furnish proof of licensure as required by all local and state agencies. 8. 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. 9. 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 Fayetteville City Council in advance of the change in scope, cost or fees. 10. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. The City will not agree to be forced to mediate or arbitrate any dispute. 11. Interest charges for late payrnents by the City: The City of Fayetteville does NOT agree to any interest or penalty for "untimely" payments. The City will pay all invoices within 30 calendar days of accepted invoice. 12. Security: No later than 10 calendar days of contract award, a one hundred percent (100%) performance and payment bond shall be provided to the City after being file marked at the Washington County Circuit Clerk's Office. Hutchens Construction Co shall warranty work performed under this contract for a period of one (1) full year from the date of final payment. City of Fayetteville, AR Bid 18-48, Contract Page 2 of 5 13. Contractor's Representations: a. Hutchens Construction Co has examined and carefully studied all contract documents. b. Hutchens Construction Co 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. Hutchens Construction Co 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. Hutchens Construction Co has carefully studied all: A. 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 B. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. Hutchens Construction Co 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. Hutchens Construction Co 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. Hutchens Construction Co 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. Hutchens Construction Co has correlated the information known to Hutchens Construction Co, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. i. Hutchens Construction Co has given Engineer written notice of all conflicts, errors, ambiguities, or City of Fayetteville, AR Bid 18-48, Contract Page 3 of 5 discrepancies that Hutchens Construction Co has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Hutchens Construction Co. j. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. k. Hutchens Construction Co is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. I. Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. 14. Liens: 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. 15. Contract Time: a. Time is of the essence: All time limits or 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. b. The Work shall be Substantially Completed within 7 calendar days after Notice to Proceed and final completion and ready for final payment in within 7 calendar days after Notice to Proceed. 16. Li uidated Damages: The City and Hutchens Construction Co recognize time is of the essence of this agreement and The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above. 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 Hutchens Construction Co agree that as liquidated damages for delay (but not as a penalty) Hutchens Construction Co shall pay The City of Fayetteville One Hundred Dollars ($100.00) for each calendar day that expires after the time specified for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Hutchens Construction Co shall neglect, refuse, or fail to complete the remaining Work within the time specified above for completion. 17. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. City of Fayetteville, AR Bid 18-48, Contract Page 4 of 5 WITNESS OUR HANDS THIS W-*�'- DAY OFAAZ , 2018. Hutchens Construction Co By: 4%&� Signature S-navvn %&v um Esfimafor Printed Name & Title Company Secretary (Prir(ted Name) ff applicable Business Address: f _KIK J=L`P� Lf k/9. City of Fayetteville, AR Bid 18-48, Contract Page 5 of 5 ATTEST: (Signature) � ,rty rfr Sondra E. Smith, City Cie t, F surer 0,r;.-7 c rF .c Business Address: r►.�•'�N;p,S .A 113 W. Mountain ,Vol;p ii 1111' �'��<+` Fayetteville, AR 72701 AC�Ir4D-' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 11/01/2018 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 have ADDITIONAL INSURED provisions or 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 CONTACT Angela Broadwater NAME: Barker Phillips and Jackson PHONE 417 887-3550 FAX _IA/C. No. ( Extl: ) {417) 887-3252 1637 S EnterpriseAve ADDRESS: abroadwater@bpj.com PO BOX 4207 12/01/2018 EACH OCCURRENCE S 1,000,000 INSURER(S) AFFORDING COVERAGE NAIC # Springfield MO 65804-4207 INSURER A : United Fire & Casualty Co 13021 INSURED p Y INSURER B: Missourim Employers ers Mutual Ins 10191 Hutchens Construction Co INSURER C : 1007 Main Street INSURER D: INSURER E: Cassville MO 65625-1335 INSURER F GUVERAGkS CERTIFICATE NUMBER- UL1 r11222b144 RC\/ICIAhI NII&ARCD• THIS IS TO CERTIFY THATTHE 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 TR TYPE OF INSURANCE 1NSD WVD POLICY NUMBER MMIDICY EFF DrYYYY MM/DDY Y LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F_XI OCCURPREMISES X,C,U Coverage Y Y 60057424 12/01/2017 12/01/2018 EACH OCCURRENCE S 1,000,000 Fa cc $ 300,000 MED EXP (Any one person) $ 5,000 X Contractual Liability PERSONAL &ADV INJURY $ 1,000,000 GEMLAGGREGATE LIMIT APPLIES PER: POLICY � JEa El LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY ANYAUTO CO Ea MScidINF� SINGLE LIMIT $ 1,000,000 acent BODILY INJURY (Per person) $ AOWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLYIX H Y Y 60057424 12/01/2017 12/01/2018 BODILYINJURY (Per accident) $ E�TY PRS sccidertl AMAGE $ ociden $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESS LIAB CLAIMS -MADE 60057424U 12/01/2017 12/01/2018 AGGREGATE $ 10,000,000 DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA MEG2001994-06 01/0112018 01!01/2019 /� SPER TATUTE Tg FRH EL EACH ACCIDENT $ 500,000 E.L DISEASE - EA EMPLOYEE g 500,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE- POLICY LIMIT $ 500,000 Inland Marine Rented & Leased 500,000 A Cargo 60057424 12/01/2017 12/01/2018 Limit 5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) re: City of Fayetteville, AR -Lot 55 Repave The Certificate Holder is an additional insured for General Liability & Automobile Liability. General Liability is primary and non contributory with a per project aggregate. Automobile Liability is primary and non contributory Waiver of Subrogation applies where allowed by law Umbrella is follow form. CERTIFICATF HOLDER r"Anrr'r=r r ATrnnr ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fayetteville, AR ACCORDANCE WITH THE POLICY PROVISIONS. 113 W. Mountain AUTHORIZED REPRESENTATIVE Fayetteville AR 72701 J� �J.� �� , l 1 y�pl J� , � Why DkJl1lV ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD CL ai Ln O� � C H � I a O m � C m a o C U p 0 N C O V g Lr, 00 00 Ul T O O O O kD Lf) r� 0) r -I N m M O O V1 afti W J J aci E E 0 w c N c v 0 W N -0 `O 0 FQ > QQa LL f' z a a; 0 m 0 W Q 0 p a v 3 }�Y a 3 Ero .E x uU.4 o .� z u z LL 41&% I. 6 _W LL f"- W U W m 10 C i� a a u u Cd u 0 o 0 ho 0 0 0 w 0 Z a rn coo 000 000 0` 00 O V Q1 Cr 00 W N N O U O r, " , -4 N , r` ti 1 C ra a L O_ N N th N V1 a!1 t/1 c O (1 O- O O g 0 0 O a O O 0 0 m N E r w a)m m O Z v rt 0 a I V1 V} V? V1 t/} +n V? V -F O Lf)O O O o 0 0 H m m N �D O O rl OZ W O V)w V) .--I v :D cl N N N 1,D V1 �T C O Ln Q1 N N m O m Ln u Q u` t/1 V1 V1 to V'} to V1 c O O O O V 00 ai ry �D h 0) O O a) F- w 41 M M N m Ln -C z U y K � a �V1, Ln O S O° O n . o LD�w m SZr- m ..] Lr lD V m m r" N N (` .--4 N N m -1 O1 C U-1 — Q ro C Lo � og u r- 0 S ON -4-r � mm m 0 aH Q w zcc -i �a an v* in tn v► vi vn v -r 0 0 w � m z LI) It o ro o la Lo m � O Ld aw H ZC } } ro Q In vl 0 H vl vl Ul w N p6 YI V `1 o0 Q O N LD > O a x a w a L 0 E Ql � C Vl x x u OCO C Y C «- aj a) Z _IU u a: Qj a c � > a) CL o - Q 7 rp d (fl C ` ro c a v) N 2 0 U Q u L E (p a = z 3 a 2 v� 0 O = in Q U z Z C [D w O Z ti N m v Iiri D n I. 6 _W LL f"- W U W m 10 C i� a a u u Cd u Liberty mu_t_u_-- SURETY Bid Bond CONTRACTOR: (Name, legal status and address) Hutchens Construction Co 500 Sanders Avenue Springdale, AR. 72764 OWNER: (Name, legal ,status and address) Document A310 TM -2010 Conforms with The American Institute of Architects AIA Document 310 City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, AR. 72701 BOND AMOUNT: 5% of Bid Amount SURETY: (Name, legal status and principal place of business) Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 Mailing Address for Notices Liberty Mutual Insurance Company Attention: Surety Claims Department 1001 4th Avenue, Suite 1700 Seattle, WA 98154 5% of Bid Amount PROJECT: (Name, location or address, and Project number, ifanv) Bid #1848, Construction -Lot 55 Repave Fayetteville, Arkansas This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and sevcially, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the hid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either ( I ) enters into a contract with the Owner in accordance with the terms ot'such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction orlhe Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount ror which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obIigat ion.shalI be null mu! void,othe rwise to remain in futl force and effect. The Surely hereby waives any nonce orae agree merit between the Owner and Contrador to extend the I.ime in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to atly extension exceeding sixty (60) days in the aggregate beyond the Iinse Fur acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to he Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hererrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. �1 Signed and sealed this 23rd day of October I1f'iu ssl (Witness) LMS -10054 08110 2018 Hutchens Construction Co. f7.r 1 V Liberty Mutual Insuran(,Le Company ( yrr,'fv) (z s a:) N m ate+ c ra THI"OWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Povmr of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7896543 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Slate of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively celled the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Brandi Jo Bradley; Callao J. Doty.; Daniel A. Cavender Ga ry L_ Yost' Geneva E. Du r• S. Christine Townsend- SheLq I1. 'Feeler, Thomas A. Ivtontileorle allDf the city of SPFIINGFIELD , stale of MO each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknawledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, In pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and adesled by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this lith day of &Wember 2017 it "0 st+sua, NSL9t r`�. 7. The The Ohio Casualty Insurance Company Liberty Mutual Insurance Company r_ 1919 rr+ � 1912 'i t993YJ A�e Q ry West American Insurance Company STATE OF PENNSYLVANIA ss David M. Carey.'Asshs1anr secretary COUNTY OF MONTGOMERY On this lath day of Septamilbaf , 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. yp ptisy COMMOttWMTHOFPENNSYLVANtA Notarial Seal �} j w' ti x v Teresa Pastille, Noaory Public BY: Upper Merion Twp. Montgomery County Teresa Pastolts, Notary Public y .r My Commission Expkes March 28, 2021 'Vi.� � hlem0er PennsyWan'i .4evu y�hon �l h�A.vw� This Power of AtWney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS - Section 12. Power of Allomey. Any officer or other official o the Corpora Lim aulhorized for that purpose In writing by the Chairman or the President, and subjed to such limitation as the Chalmlan or the President may prescribe. shall appoint such atlomeys•in `act, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakmgs, bonds. re"nizances and olfler surety oblioain) ns. Such a@omPys-ire-fact, subjed to the limitations set forth in lhelr respective powers of attorney, shall have full power to bbd the Corporation by their signature and oxeculion of any ssx:h instruments and to attach thereto the sea[ of the Corporation. When so executed, suds instruments shall be as bzrdtng as if signed by the President and attested to by the Sacmlary- Any power or authority gran led to any representative or anomey-in•faci undw the provisions of this article may be revoked at any time by the Board, Ute Chairman, the President or by the officer or officers granting such paver or authority. ARTICLE XIII - Execullon of Canlracls - SECTION 5- Surety Bonds and Undertakings. Any officer of the Company authorized for trial purpose in writing by the chairman or the president. and subject to such limitallons as the chairman or the president may pfescribe. shall appoint such attorneys -la 1.act. as may be necessary to ad in behalf of Ure Company to make, execute, seal, achrwwledge and deliver as surely any and all undertakings, bonds, reaognizames and other sumly oh[igalions. Such anameyrin-fart sub led to the Iimllahorss sat forth in dheir respective pavers of attorney, sha4 have full power to bind the Company by their srjnafum artd ex01)jlion of any such instrumant9 and to attach thereto the sea] of the Company. When so executed sari lnslrumells shall he as binding as ri Sig ed by the prosadenI and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of Use Company, authorizes David M. Carey, Assistant Secretary to appoint such all omeys-M- fad as may be necessary to ad on behalf of Gia Company to mak% execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, raalgnizances and other surely obligations. Authorization - By unanimous conwril of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant sacrelary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall he valid and binding upon the Companywith the same force and effect as though manually affixed. 1. Renee C. Lkmmlfyrt, the undo fined, Assistant Secrelary, -rho Ohio Casualty Insurance rompany, Liberty Mutual Insurance Company, and West Arneriean Insurance ColnpanY do hereby certify that the original power of anomey of which the IorE r -g is a Nil we and toric! copy of the Power of Avomey executed by said Companies, is in full lobe and effect and has not been revoked. IN TESTIMONY WHEREOF, i have hereunto set my hand and affixed the seals of said Companies this 2_ day of __Qc t o D e '2018 L-rY l74f1{� t,MSLR *�I5rJ 54'K{r n 4 B _ 1917 �. r 1912 [ ." 1993 Y. Renee C. Lk +.m_ SS�5wil! Secretary C -i LMS_12d7J_022017_-.- 52 of 250 13 N W m c N T c ra c O as uF- N 41 LU 4< OC CL aM O� t C L Np t O w � o= 'D F so £� N Oa U T- O `O t— Project Manual W4W CITY OF FAYETTEVILLE ARKANSAS CITY OF FAYETTEVILLE, ARKANSAS CONSTRUCTION — Lot SS Repave BID # 18-48 Date: September 2018 City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page 2 of 24 CITY OF FAYETTEVILLE WAM ARKANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute For the requirements of the bid docurnents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. z 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). WAll line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. FAll pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents fAll bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. City of Fayetteville, AR Purchasing Division —Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME: Huf—chens ConsrruGf Ion ARKANSAS CONTRACTORS LICENSE NUMBER: City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page 3 of 24 City of Fayetteville, Arkansas INVITATION TO BID Bid 18-48, Construction — Lot 55 Repave The City of Fayetteville is accepting bids from properly licensed and authorized firms for rehabilitation of City Lot 55. Questions should be addressed to Les McGaugh, Purchasing Agent at lm au�hf? iayett�villr �- r.. or by calling (479) 575-8220. All bids shall be submitted in a sealed envelope or package labeled with the project name and/or description. All bids shall be received by Tuesday October 23, 2016 before 2:00 PM, local time at the City of Fayetteville, Purchasing Division address listed below. A public bid opening will be conducted shortly after the deadline at City Hall. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Bidding documents and plans shall be obtained by the City of Fayetteville Purchasing Division electronically. No partial sets shall be issued. Plans may also be reviewed only at the Fayetteville Purchasing Division. Addendums and updated plan holder listings will be posted on the City's website at htt : fa etteville ar. ov bids . All vendors intending on bidding SHALL register as a plan holder by notifying Les McGaugh, via e-mail. When registering as a plan holder, vendors shall submit primary contact information including name of contractor, primary contact, phone number, fax number, and physical address. FAILURE TO REGISTER AS A PLAN HOLDER CAN RESULT IN YOUR BID BEING REJECTED. A non -mandatory Pre -Bid meeting will be held Tuesday September 25, 2018 at 10:00 AM at City Hall, Room 326. All interested parties are encouraged to attend. Each bid shall be accompanied by a cashier's check from a bank doing business in the State of Arkansas or a corporate bid bond in an amount not less than five (5) percent of the amount bid. A one hundred percent (100%) performance and payment bond is required with the contract awarded and shall be file marked by the Washington County Circuit Clerk's Office upon receipt to the City. A State of Arkansas Contractor's License is required for all bid and license shall be valid at the time of bid deadline. . Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period of time which shall not exceed beyond sixty (60) days from the bid opening date. City of Fayetteville By: Les McGaugh, Purchasing Agent P: 479.575.8220 Email: Imrcpaugh@fare:teyiI ::r r. r TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 09/17/2018 & 09/24/18 City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page 4 of 24 City of Fayetteville Bid 18-48, Construction - Lot 55 Repave Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 18-48, Construction — Lot 55 Repave The City of Fayetteville is accepting bids from properly licensed and authorized firms for rehabilitation of City Lot 55. Questions should be addressed to Les McGaugh, Purchasing Agent at !z, ,r;; !J f-` .: _' ` : •:!!<_ or by calling (479) 575-8220. All bids shall be submitted in a sealed envelope or package labeled with the project name and/or description. All bids shall be received by Tuesday October 23, 2016 before 2:00 PM, local time at the City of Fayetteville, Purchasing Division address listed below. A public bid opening will be conducted shortly after the deadline at City Hall. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Bidding documents and plans shall be obtained by the City of Fayetteville Purchasing Division electronically. No partial sets shall be issued. Plans may also be reviewed only at the Fayetteville Purchasing Division. Addendums and updated plan holder listings will be posted on the City's website at http:I/fayett.evi_le_ar.ovLbids . All vendors intending on bidding SHALL register as a plan holder by notifying Les McGaugh, via a -mail. When registering as a plan holder, vendors shall submit primary contact information including name of contractor, primary contact, phone number, fax number, and physical address. FAILURE TO REGISTER AS A PLAN HOLDER CAN RESULT IN YOUR BID BEING REJECTED. A non -mandatory Pre -Bid meeting will be held Tuesday September 25, 2018 at 10:00 AM at City Hall, Room 326. All interested parties are encouraged to attend. Each bid shall be accompanied by a cashier's check from a bank doing business in the State of Arkansas or a corporate bid bond in an amount not less than five (5) percent of the amount bid. A one hundred percent (100%) performance and payment bond is required with the contract awarded and shall be file marked by the Washington County Circuit Clerk's Office upon receipt to the City. A State of Arkansas Contractor's License is required for all bid and license shall be valid at the time of bid deadline. . Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period of time which shall not exceed beyond sixty (60) days from the bid opening date. City of Fayetteville By: Les McGaugh, Purchasing Agent P: 479.575.8220 Email: lmc au ShQfa etteville-ar. ov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 09/17/2018 & 09/24/18 City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page 5 of 24 City of Fayetteville Bid 18-48, Construction - Lot 55 Repave Bid Form COMPLETION TIMELINE: 7 CALENDAR DAYS FROM PROJECT START DATE 1 Milling/Asphalt Removal 645 SY $ q. 10 $ S% S6Q. 50 2 HMAC Surface Course (PG64- 22) 430 $ 92. 10 $ 39,603-00 Tons 3 Sawcut and Remove Existing Asphalt Pavement (Repair 60 SY $ 36.02 r - $ 22-11.00 , Areas) 4 Class 7 Base Rock Installation (1011) 60 SY s3-7.70 $ '1 .00 5 Restriping Parking Stall Lines & Numbers 110 $ Z9.60 $ Stalls 5 Install Handicap 1=1exPosts 2 each $ 330-00 $ b60.00 . 7 Bonds and Insurance Lump $ ss*b- 00 $ Sa. Sum Please specify for Unit Bid: r ++ �-1 Total Bid Amount (sum of lines 1— 7) $ 540, 't � � . �] O Bids shall be submitted on this bid form in its entirety AND accompanied by descriptive literature on the products being bid. The City reserves the right to award this bid based on the City's best interest at the time of product order. THIS BI® FORM CONTINUES ON THE NEXT PAGE. City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 4. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 5. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): __ _ 7. 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. 8. 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 Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.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. b. 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. City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page 7 of 24 Unsigned bids will be rejected. Items marked " are mandatory for consideration. *NAME OF FIRM: G h Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name _ 'BUSINESS ADDRESS: 0CITY: __.cossyl Ile 'STATE: M *ZIP: _l6 _ *PHONE: ---4—IS— __ — CIV -0000 FAX: 4 2~T - 0096 *E-MAIL: 'BY: (PRIP AUTHOR TITLE: DUNS NUMBER: 029'72,'Z303 CAGE NUMBER: 'TAX ID NUMBER: — 1233T -12 - Acknowledge Addendums: Addendum No. I Dated: - 11 - LJL Acknowledged by - k*2L61— Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: XA26�7 Ir City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page 8 of 24 City of Fayetteville Bid 18-48, Construction - Lot 55 Repave Instructions to Bidders PART ONE - DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2 Bidder - one who submits a Bid directly to City of Fayetteville as distinct from a sub -bidder, which submits a bid to a Bidder. 1.3 Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.4 Successful Bidder - the lowest, responsible, and responsive Bidder to whom the City of Fayetteville (on the basis of the City of Fayetteville's evaluation as hereinafter provided) makes an award. PARTTWO - COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.2 Complete sets of Bidding Documents must be used in preparing Bids. Neither City of Fayetteville nor Architect assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 City of Fayetteville and Architect in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. PART THREE - EXAMINATION OF SITE AND CONTRACT DOCUMENTS 3.1 Bidders are advised that the Drawings and Specifications are on file at the City of Fayetteville Purchasing Division, and shall constitute all of the information which the City of Fayetteville shall furnish. No other information given or sounding made by the City of Fayetteville or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, drawings, specifications and estimates, or be binding on City of Fayetteville. Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions; inform themselves by their independent research and sounding of the difficulties to be encountered, and all attending circumstances affecting the cost of doing the work, and the time specified for its completion; and obtain all information required to make an intelligent bid. City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page 9 of 24 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials required and with full knowledge of the drawings, profiles, specifications, and estimates and all provisions of the contract and Bonds. 3.3 Bidders shall promptly notify Architect of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 3.4 Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to City of Fayetteville and Architect by City of Fayetteville's of such Underground Facilities or others, and City of Fayetteville and Architect do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 3.5 On request, City of Fayetteville will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies. 3.6 Reference is made to the General Requirements for the identification of the general nature of work that is to be performed at the site by City of Fayetteville or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, and as available, City of Fayetteville will provide to each Bidder, for examination, access to or copies of Contract Documents (other than portions thereof related to price) for such work. 3.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 3, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Architect written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and that the written resolutions thereof by Architect are acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. PART FOUR - AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS 4.1 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City of Fayetteville unless otherwise provided in the City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page 10 of 24 Contract Documents. PART FIVE - INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA 5.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions from any part of the proposed Contract Documents, he should submit a written request for interpretation thereof to the Architect not later than seven days before the date set for bid opening. The person submitting the request shall be responsible for its prompt delivery. 5.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum to all holders of Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. City of Fayetteville will not be responsible for any other explanations or interpretations of the proposed Contract Documents. 5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by City of Fayetteville. 5.4 Bidder assumes all responsibility for checking the City's website at www.accessfayetteville.org for updates and addenda issued to this project. PART SIX - APPROXIMATE ESTIMATE OF QUANTITIES 6.1 The provided estimate of quantities is approximate only and shall be the basis for receiving unit price bids for each item but shall not be considered by Bidders as actual quantities that may be required for the completion of the proposed work. However, such quantities, at the unit and lump sum prices bid for each item, shall determine the amount of each bid for comparison of Bids and aid in determining the low and responsive Bidder for the purpose of awarding the contract, and will be used as basis for fixing the amount of the required Bonds. PART SEVEN - PRICES 7.1 Bidders must state a price for each item of work named in the Bid Form. Unit and Lump Sum prices shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment, and apparatus of every description to construct, erect, and finish completely all of the work as called for in the Specifications or indicated on the Drawings. 7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of City of Fayetteville may be rejected at the discretion of City of Fayetteville. 7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work required, and has reviewed the Drawings and Specifications to verify the full scope of the Work. PART EIGHT - BID FORM City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page 11 of 24 8.1 Bids are due as indicated in the Advertisement for Bids. 8.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. The unit price or lump sum bid for each item must be stated in figures and in words in the appropriate blank spaces provided on the Bid Form. The figures must be clear and distinctly legible so that no question can arise as to their intent and meaning. In case of a difference in the written words and figures, the amount stated in written words shall govern. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 8.3 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to Bidders may be rejected as informal or non-responsive at the option of City of Fayetteville. However, City of Fayetteville reserves the right to waive technicalities as to changes, alterations, or revisions and to make the award in the best interest of City of Fayetteville. 8.4 Address sealed bids to City of Fayetteville, and deliver to the address given in the Advertisement for Bids on or before the day and hour set for opening the bids. Enclose the completed Bid Form and Project Manual in a sealed envelope bearing the title of the project, the name of the Bidder, Bidder's Arkansas Contractor's License Number, and the date and hour of the bid opening. If this sealed envelope is delivered by a public carrier, it must be contained in another envelope addressed to City of Fayetteville and the attention of the project name. It is the sole responsibility of Bidder to see that the Bid is received on time. 8.5 Acceptance of deductive alternate bids is at the City of Fayetteville's discretion, as best services the City of Fayetteville's interest. Each deductive alternate, if presented, will be provided on the Bid Form. The price of the Bid for each deductive alternate will be the amount to be deducted from the price of the Total Base Bid if the City of Fayetteville selects any of the alternates. The unit price amount for each alternate shall be the same as the unit price amount listed in the Bid. 8.6 No Bidder shall divulge the information in the Bid to any person whomsoever, except those having a partnership or other financial interest with him in the Bid, until after the bids have been opened. PART NINE - SIGNATURE ON BIDS 9.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names of each member must be given, and the Bid signed by a member of the partnership, or a person duly authorized. If the Bid is made by a company or corporation, the company or corporate name must be given and the Bid signed by an officer or agent duly authorized. The corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 9.2 All names must be typed or printed in black ink below the signature. 9.3 The address and telephone number for communications regarding the Bid must be shown. City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page 12 of 24 9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed with City of Fayetteville. 9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda. PART TEN - BID SECURITY 10.1 A five percent (5%) bid security, in the form of a bid bond, or cashier's check from a bank located in the State of Arkansas, as stated in the Advertisement For Bids, shall accompany each bid. Bid bonds for the difference in price between low bidder and second low bidder shall not be acceptable. The Successful Bidder's security will be retained until City of Fayetteville receives a signed Agreement and required Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Selection, City of Fayetteville may annul the Notice of Selection and the Bid security of that Bidder will be forfeited. 10.2 The City of Fayetteville reserves the right to retain the security until the Successful Bidder enters into the Contract or until sixty (60) days after bid opening, whichever is sooner. Cash equivalent security of the second and third low bidder may be exchanged for an equivalent bid bond after bid tabulations are complete or thirty (30) days after bid opening, whichever is sooner. PART ELEVEN - PERFORMANCE BOND AND PAYMENT BOND 11.1 Prior to signing the Agreement, Contractor shall furnish a surety performance Bond and a payment Bond, equal to one hundred percent of the contract price. 11.2 Contractor shall pay all expenses in connection with the obtaining of said Bonds. The Bonds shall be conditioned that Contractor shall faithfully perform the contract and shall pay all indebtedness for labor and materials furnished or performed in the construction of such alterations and additions as prescribed in this contract. 11.3 The surety company issuing the Bonds must be a solvent company on the "Surety Companies Annual List" issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in an amount greater than the underwriting limitations for the surety company as set out therein. 11.4 In Arkansas, prevailing law requires that performance and payment Bonds on public works contracts shall be executed by a resident local agent who is licensed by the Insurance Commissioner to represent the surety company executing said Bonds and filing with such Bonds his Power of Attorney as his authority. The mere countersigning of the Bonds will not be sufficient. 11.5 The date of the Bonds and of the Power of Attorney,must not be prior to the date of the contract. At least two originals of the Bonds shall be furnished, each with Power of Attorney attached. 11.6 Bonds are to be approved by City of Fayetteville. If any Bonds contracted for become unsatisfactory or unacceptable to City of Fayetteville after the acceptance and approval thereof, Contractor, upon being notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page 13 of 24 specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the discretion of Contractor. 11.7 The bonds shall be presented to the City after being file marked at the Washington County Circuit Clerk's Office. Multiple copies of the original bonds may be necessary for filing purposes. PART TWELVE - CONTRACT TIME 12.1 The number of days within which, or the dates by which the Work is to be substantially completed and also completed and ready for final payment is outlined in the Bid Form. PARTTHIRTEEN - LIQUIDATED DAMAGES 13.1 Provisions for liquidated damages, if any, are set forth in the Bid Form. PART FOURTEEN - SUBCONTRACTORS SUPPLIERS AND OTHERS 14.1 Contractor shall not assign or sublet all or any part of this contract without the prior written approval of City of Fayetteville nor shall Contractor allow such subcontractor to commence work until approval of workman's compensation insurance and public liability insurance as may be required. Approval of each subcontract by City of Fayetteville will in no manner release Contractor from any obligations as set out in the Drawings, Specifications, contract, and Bonds. PART FIFTEEN - SUBSTITUTE AND "OR EQUAL" ITEMS 15.1 Any reference to a particular brand or manufacture is in an effort to establish an acceptable level of quality for this purchase. Brands or manufacturers that are included in a bid that are of at least equal quality, size and specification as to what has been specified, will be acceptable for consideration. PART SIXTEEN - COMPLIANCE WITH STATE LICENSING LAW 16.1 A Contractors License is required to bid this project, however, prior to executing the agreement with the City of Fayetteville, the Contractor shall be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors" for bids in excess of $20,000. PART SEVENTEEN -QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS 17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after bid opening, upon City of Fayetteville's or Architect's request, detailed written evidence such as financial data, present commitments, and other such data as may be called for. Each Bid must contain evidence of Bidder's qualification to do business in the State of Arkansas. PART EIGHTEEN - DISQUALIFICATIONS OF BIDDERS 18.1 Any one or more of the following may be considered as sufficient for the disqualification of bidders and the rejection of Bids. City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page 14 of 24 18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation under the same or different names. 18.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. 18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of work for which a bid price is required by the Bid Form, or failure to include all required contract documents. 18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment statements submitted. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress. 18.6 Uncompleted work which, in the judgment of City of Fayetteville, might hinder or prevent the prompt completion of additional work if awarded. 18.7 Being in arrears on existing contracts, in litigation with City of Fayetteville, or having defaulted on a previous contract. PART NINETEEN - OPENING OF BIDS 19.1 Bids will be opened and read aloud publicly at the place where Bids are to be submitted in a room to be designated by City of Fayetteville the day of the bid opening. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. PART TWENTY -CONSIDERATION OF BIDS 20.1 After the bids are opened and read, the quantities will be extended and totaled in accordance with the bid prices of the accepted Bids. This review of the Bids will confirm the low bidder. 20.2 In evaluating Bids, City of Fayetteville will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Selection. 20.3 City of Fayetteville may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. City of Fayetteville also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Selection. PART TWENTY-ONE -RIGHT TO REJECT BIDS City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page 15 of 24 21.1 City of Fayetteville reserves the right to reject any and all Bids, to waive technicalities, and to advertise for new bids. All Bids are subject to this reservation. City of Fayetteville reserves to itself the right to decide which shall be deemed the lowest responsive and responsible Bid. Due consideration will be given to the reputation, financial ability, experience and equipment of the Bidder. 21.2 City of Fayetteville also reserves the right to waive informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. PARTTWENTY-TWO -AWARDING OF CONTRACT 22.1 City of Fayetteville reserves the right to withhold the awarding of a contract a reasonable period of time from the date of opening bids, not to exceed sixty (60) days except with the consent of the Successful Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim against City of Fayetteville upon the contract until the contract is reduced to writing and signed by the contracting parties. The letting of a contract shall not be complete until the contract is executed and the necessary Bonds approved. PART TWENTY-THREE - RETAINAGE 23.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. PART TWENTY-FOUR - SIGNING OF AGREEMENT 24.1 When City of Fayetteville gives a Notice of Selection to the Successful Bidder, it will be accompanied by the number of unsigned counterparts of the Agreement as indicated in the Supplementary Conditions, with all other written Contract Documents attached. Within ten (10) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to City of Fayetteville with the required Bonds & Certificate of Insurance. Within ten (10) days thereafter City of Fayetteville shall deliver one fully signed counterpart to Contractor. PARTTWENTY-FIVE - MATERIALS GUARANTY 25.1 Before any contract is awarded Bidder may be required to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the Work, together with samples, which may be subjected to tests provided for in the Specifications to determine their quality and fitness for the Work. PART TWENTY-SIX - FAMILIARITY WITH LAWS 26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page 16 of 24 contract. PART TWENTY-SEVEN -ADDITIONAL LAWS AND REGULATIONS Bidders' attention is called to the following laws and regulations which may have an impact on the Work and on the preparation of the Bid. 27.1 Americans with Disabilities Act. 27.2 Storm water discharge regulations, enacted under the Clean Water Act and administered by the Arkansas Department of Environmental Quality (ADEQ) under a general permits program. Contractor may be required to obtain coverage under general permit ARR001000 prior to commencing work at the site. 27.3 Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March 1, 1993. PART TWENTY-EIGHT — PAST EXPERIENCE REQUIRED 28.1 All bidders shall have past experience in providing similar work as described for this project. The City of Fayetteville reserves the right to reject for inadequate experience. A minimum of four (4) references are required. End of Section City of Fayetteville, AR Bid 18-48, Construction Lot 55 Repave Page 17 of 24 City of Fayetteville Bid 18-48, Construction - Lot 55 Repave General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bids shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid RI=P or RIFQ number small he on the outside of the packaging as well as on any packages enclosed in shipping containers or boxes. d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at 479.575.8220 to ensure correct receipt of bidding documentsrp for to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN RECUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division, The City of Fayetteville reserves the right to accept or reject any requested equal. City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page 18 of 24 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". b. All bidders shall promptly notify Les McGaugh, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7 WITHDRAWL OF PROPOSAL: Abid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents prior to opening time and date listed. 9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page.19 of 24 and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal, Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHTTO AUDIT FOIA AND JURISDIci,rON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a 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, c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City 14, VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page 20 of 24 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT SU6CONTRACTING CORPORATE AC UiSITIONS AND OR MERGERS: The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. City of Fayetteville, AR Bid 18-48, Construction - Lot 5.5 Repave Page 21 of 24 In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT; Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidders/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, City of Fayetteville, AR Bid 18-48, Construction - Lot S5 Repave Page 22 of 24 will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxshall not be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Les McGaugh immediately via telephone (479.575.8220) or e-mail (Imcgaugii ). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. i. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mail (Imc au li @fa etteville-ar. uv) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page 23 of 24 sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUMENTS: a. Appendix I: Project Specifications b. Appendix II: City of Fayetteville Standard Specifications for Street and Drainage Construction c. Appendix III: Project Drawing City of Fayetteville, AR Bid 18-48, Construction - Lot 55 Repave Page 24 of 24 NVId Eftovzium3u aNV `E)NI-1-11W'NIVd3U I-lVHdSV 99 10-1 E)NINUVd .977iA3113AVzf =10 ADO 133tli$ NiviNnon m c,, z ON NOISIAIG ONId33NION3 s LU 2 SVSNV)41JV 0 3-nIA3113 AV=I . . . .... — ------ Ph A Ph — IIS 1 133tli$ NiviNnon m c,, z ON NOISIAIG ONId33NION3 s LU 2 SVSNV)41JV 0 3-nIA3113 AV=I . . . .... — ------ Ph A Ph — City of Fayetteville, Arkansas 113 W. Mountain Fayetteville, AR. 72701 Re: Hutchens Construction Co. — Bond No. 674208263 Gentlemen: The undersigned is an authorized representative of Liberty Mutual Insurance Company 175 Berkeley Street Boston MA. 02116 (800) 255-0286 Surety for Hutchens Construction Co. Contractor, For and during the entire period of Bid 18-48 Construction -Lot 55 Repave, Fayetteville, Arkansas Authorization is hereby given by the Surety to the Ci!y of Fayetteville Arkansas to insert the date of the execution of the Contract on both the Bonds and Powers of Attorney. Liberty Mutual Insurance Company Surety (seal) i t Date: 11/02/18 BY: a' Callae J. Doty A orney-:n',=Fact Liberty IP Mutual SURETY Bond No. 674208263 PERFORMANCE BOND Conforms with The American Institute of Architects A.I.A. document No. A-311 KNOW ALL BY THESE PRESENTS: that Hutchens Construction Co. (Here insert full name and address or legal title of Contractor) 515 Sanders Avenue Springdale, AR. 72764 as Principal, hereinafter called Contractor, and, Liberty Mutual Insurance Company (Here insert full name and address or legal title of Surety) 175 Berkeley Street, Boston, MA 02116 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas (Here insert full name and address or legal title of Owner) 113 W. Mountain Fayetteville, AR. 72701 as Obligee, hereinafter called Owner, in the amount of Fifty-four Thousand Four Hundred Eleven Dollars And Fifty Cents Dollars ( $54,411.50 ) 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 De -er»ber 5 2018 entered into a contract with Owner for Bid 18-48, Construction -Lot 55 Repave, Fayetteville, Arkansas (Here insert full name, address and description of project) in accordance with Drawings and Specifications prepared by N/A (Here insert full name and address or legal title of Architect) I Illllf llllll 111 lull lull lull lull VIII VIII VIII Iliil VIII VIII VIII I III Doc ID: 018349010005 Type: LIE which contract is b reference made a art hereof, and is hereinafter referred to as the Contract. Kind: PERFORMANCE BOND y p Feeorded: 12/14/2018 Amt: $35.00 Page I o035i7:27 PM Washington County, AR Kyle Sylvester Circuit Clerk n n f3C7 /^1 /"ft /1 r 1 t17 4-7 Page of "L7LVJ_%JVVVV / 1 1 LMS -11219 14!99 PERFORMANCE BOND 674208263 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 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 Signed and sealed this 5 ► day of De.Ge mbe r (W itnes 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. Im UP ok� (Witness) (800) 255-0286 Liberty Mutual Insurance Company (Seal) Nage 2 of z LMS -11219 10199 r, nSUeETY LABOR AND MATERIAL PAYMENT BOND Bond No. 674208263 Conforms with The American Institute of Architects A.I.A. document No. A-311 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL BY THESE PRESENTS: that Hutchens Construction Co. (Here insert full name and address or legal title of Contractor) 515 Sanders Avenue Springdale, AR. 72764 as Principal, hereinafter called Principal, and, Liberty Mutual Insurance Company (Here insert full name and address or legal title of Surety) 175 Berkeley Street, Boston, MA 02116 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas (Here insert full name and address or legal title of Owner) 113 W. Mountain Fayetteville, AR. 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Fifty-four Thousand Four Hundred Eleven Dollars And Fifty Cents Dollars ( $54,411.50 ). for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated DELer"be r S 2018 entered into a contract with Owner for Bid 18-48, Construction -Lot 55 Repave, Fayetteville, Arkansas (Here insert full name, address and description of project) in accordance with Drawings and Specifications prepared by N/A (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. Page 1 of 2 LMS -1 1220 Cores LABOR AND MATERIAL PAYMENT tsuND 674208263 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 day of Deco r,,%10 e r , 2.018 (Witness) aCXk 0� (Witness) { J�J¢4 INSIl/;,��CF � ro 4 v mW INCORPORATED i - 1912 S 9 MASSAOHa Page 2 of 2 LMS -1122010/39 Hutchens Construction Co. (Seal) (Principal) f�— P (Title) Liberty Mutual Insura-h—ce Company (Seal) THIS POWER OF ATTORNEY:IS NOT' UNLESS IT IS PRINTED ON RED BACK( JND. This Power of Attorney limits the acts of those names, ,r and they have no authority to bind the Company exce. ie manner and to the extent herein stated. Certificate No. 7886552 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty, Mutual-Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Brandi Jo Bradley; Callate J. Doty; Daniel A. Cavender; Gary U. Yost; Geneva E. Dugger; S. Christine Townsend; Sherry R. Feeler; Thomas A. Montileone all of the city of SPRINGFIELD state of MCI each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other-surety obligations, in pursuance of these presents and shall - be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons, IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this Bin day of September 2017 -%,q INS( ytH SU,? %"Su r16 - - . . The Ohio Casualty Insurance Company Liberty Mutual Insurance Company U) 0 1919 1 2 1991 West American Insurance Company By: STATE OF PENNSYLVANIA ss David M. CareKAssistant Secretary COUNTY OF MONTGOMERY On this Bin day of September 2017 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 (p 0 Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes Lu 0 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. E 643 > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. 0 CL Six PAST COMMONWEALTH OF PENNSYLVANIA Notarial Seal Pastefla. Notary Public By: 04 0 Teresa OP Upper Merion Twp.. Montgomery County Teresa Pastella, Notary Public 0 My Commission Expires Match 28,2021 3 n3 0 4T 0 member, Pennsylvania A�ociation of Notaries E CLto C. MThis Power of.Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual *_ 6 Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: cri m4) It, %_ ARTICLE IV— OFFICERS— Section 12. Power ofAttomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject. 0 r— t 4) to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, 0 C acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective E aipowers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seat of the Corporation. When so tu 0 M executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under > the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE X111 — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, C14 E 0? C14 > and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, " O seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their CO, Zv respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seat of the Company. When so 0 CD executed such instruments shall be as binding as if signed by the president and attested by the secretary. o I? Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety_pny and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio�Casualty Insurance Company, Liberty Mutual Insurance Company, and West American. Insurance Company do hereby certify that the original power of. attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies; is 'in, full force and effect and has not been revoked. IN TESTIMONY WHEREOF; I have hereunto set my hand and affixed the seals of said Companies this day of 20_ INS& INS& J 1919 01 12BY: 1991 Renee C. Llew�ssistant Secretary 61 of 250 LMS _12873022017