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HomeMy WebLinkAboutResolution No. R21-29i:10 C111 A�y c�� i c� �► .t� RESOLUTION AWARDING HARDRIVES CONSTRUCTION THE CONTRACT FOR THE CITY OFLAUREL'S 2021 PAVEMENT MAINTENANCE PROJECT AND TO AUTHORIZE THE MAYOR TO SIGN ALL DOCUMENTS RELATING TO THE PROJECT ON THE CITY'S BEHALF. WHEREAS, the City of Laurel planned and publicly advertised the project known as the 2021 Pavement Maintenance Project, and the City received responsive bids from qualified contractors: and WHEREAS, the City's Engineers, KLJ, and City Staff considered the bids received andrecommends the City Council award the project and that the contract is in the City's best interest; and WHEREAS Hardrives Construction submitted a bid of $329,329.50 and both KLJ and the City Staff have determined the bid is in the best interest of the City. The Bid documents are attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Laurel, Montana, finds that the City has followed its procurement policies and state law requiring competitive bidding; and BE IT FUTHER RESOLVED the City Council hereby awards the contract and project to Hardrives Construction for its bid price of $329,329.50. The Mayor and City Clerk are authorized to sign all necessary documents, agreements, or contracts on the City's behalf consistent with this resolution for the Project. Introduced at a regular meeting of the City Council on May 11, 2021, by Council Member Wilke. PASSED and APPROVED by the City Council of the City of Laurel this 11th day of May 2021. APPROVED by the Mayor this 11 t" day of May 2021. CITY OF LAUREL Thomas Nelson, ayor R21-29 Award 2021 Pavement Maintenance Project-Hardrives Construction. ONI Bethany Lano, Cj k/Treasurer Approved as to form: Sam Painter, evil i ttorney R21-29 Award 2021 Pavement Maintenance Project-Hardrives Construction. 2611 Gabel Road Billings, MT 59102-7329 406 245 5499 KUENG.COM April 28, 2021 Kurt Markegard City of Laurel 115 W. 1st Street Laurel, MT 59044 Re: 2021 Pavement Maintenance Project — Recommendation of Award Dear Kurt: ma- Bids for the 2021 Pavement Maintenance project were received April 23, 2021. Three bids were opened and read aloud, with bid amounts being $329,555.00, $219,461.00 and $329,329.50. The bids were checked for mathematical accuracy and no discrepancies were found. However, since the opening Wharton has requested to withdraw their bid due to a mathematical error in their estimation. The next lowest bidder is Hardrives Construction. Their bid amount is $329,329.50 for the project. We recommend the contract be awarded to Hardrives Construction, accordingly. Enclosed is Whartons request for withdrawal, the Notice of Award (NOA) for the City's approval and a Certified Bid Tabulation. Please sign, date and return four (4) original NOA forms; upon receipt, we will work with Hardrives Construction to route final Contracts for the City's approval. If you have any questions or concerns, please contact me at (406) 245-5499. Sincerely, 1;1J f ;anWelsh, PE Project Engineer Enclosure(s): Request for Withdrawal Notice of Award Certified Bid Tabulation Project #: 2004-00831 cc: file ENGINEERING, REIMAGINED - - - — — - — — - - - ai O - — - - — - - - — — — i 11; 16 1� O p o0 0 0o om c:t ct -t -Wharton"-,' sphalt 3962 Pa Hollow Trail Billings Mt, 59106 (406) 254-9571 or 1-866-226-5319 Fax(406)254-9572 April 27, 2021 Re: 2021 Pavement Project for City of Laurel Wharton Asphalt LLC would like to withdraw the bid for the above mentioned project. The estimating department made a mistake on the milling/paving portion of the bid request. If you have any question please call Ed 406-861-4730. Thank you, Ed Wharton 406-861-4730 o� Notice of Award D. Project: 2021 Pavement Maintenance Project Owner: City of Laurel Owner's Contract No.: Contract: As described in the Bid Documents Engineer's Project No.: 2004-00831 Bidder: Hardrives Construction Inc. Bidder's Address: 4800 Helfrick Rd. Billings, MT 59102 You are notified that your Bid dated April 23, 2021 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for 2021 Pavement Maintenance Project. The Contract Price of your Contract is Three Hundred Twenty-nine Thousand, Three hundred and Twenty-nine Dollars and Fifty Cents ($329,329.50). 4 copies of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen [15] days of the date you receive this Notice of Award. 1. Deliver to the Owner four 4 fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract Security [Bonds] as specified in the Instructions to Bidders (Article 20) and General Conditions (Paragraph 5.01). 3. Other conditions precedent: (none) Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. City of Laurel Owner AuifGrized Signature Title Copy to Engineer 2021 Pavement Maintenance Project Notice of Award Form 00510 KU Project 2004-00831 Page 1 of 1 RESOLUTION NO. R21-29 RESOLUTION AWARDING HARDRIVES CONSTRUCTION THE CONTRACT FOR THE CITY OFLAUREL'S 2021 PAVEMENT MAINTENANCE PROJECT AND TO AUTHORIZE THE MAYOR TO SIGN ALL DOCUMENTS RELATING TO THE PROJECT ON THE CITY'S BEHALF. WHEREAS, the City of Laurel planned and publicly advertised the project known as the 2021 Pavement Maintenance Project, and the City received responsive bids from qualified , contractors: and WHEREAS, the City's Engineers, KLJ, and City Staff considered the bids received andrecommends the City Council award the project and that the contract is in the City's best interest; and WHEREAS Hardrives Construction submitted a bid of $329,329.50 and both KLJ and the City Staff have determined the bid is in the best interest of the City. The Bid documents are attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Laurel, Montana, finds that the City has followed its procurement policies and state law requiring competitive bidding; and BE IT FUTHER RESOLVED the City Council hereby awards the contract and project to Hardrives Construction for its bid price of $329,329.50. The Mayor and City Clerk are authorized to sign all necessary documents, agreements, or contracts on the City's behalf consistent with this resolution for the Project. Introduced at a regular meeting of the City Council on May 11, 2021, by Council I17i"- $I IT'i11AIIn PASSED and APPROVED by the City Council of the City of Laurel this 11`h day of May 2021. APPROVED by the Mayor this 11th day of May 2021. CITY OF LATgEL Thomas C. Nelson, Mayor R21-29 Award 2021 Pavement Maintenance Project-Hardrives Construction. AT TE T: Bethany ve rk/Treasurer Approved as to form: a. --i ;" Sam Painter, 1 ity me R21-29 Award 2021 Pavement Maintenance Project-Hardrives Construction. JY Notice to Proceed Date: 5/20/2021 Project: Laurel 2021 Pavement Maintenance Project Owner: City of Laurel Owner's Contract No.: Contract: Base Bid Engineer's Project No.: 2004-00831 Contractor: Hardrives Construction, Inc. Contractor's Address: 4800 Helfrick Rd. Billings, MT591010 You are notified that the Contract Times under the above Contract will commence to run on May 24, 2021. On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the numbers of days to achieve Substantial Completion is 38 days, and the number of days to achieve readiness for final payment is 69 days. Before you may start any Work at the Site, Paragraph 2.01.8 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insured and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: 1. Obtain coverage under the General Permit for Discharges associated with Construction Activities and submit proof of coverage to Engineer. City of Laurel Owner Auth=riz—ea-S'i�.Ifaiure- Title Date Copy to Engineer r 2021 Pavement Maintenance Project Notice to Proceed KU Project 2004-00831 Form C-550 Page 1 of 1 SECTION 00500 AGREEMENT FORM This Agreement is dated as of the day of in the year 2021, by and between the City of Laurel, hereinafter called "Owner" and HARDRIVES CO TRUCTION. hereinafter called "Contractor". Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Pavement preservation'consisting of crack seal, chip seal, asphalt patching, and other miscellaneous items on the following streets: Colorado Ave, Pennsylvania Ave, 61h Ave, West 6th St, West 7th St, West 8th St, 10th Ave, Casa Linda Circle, West 111h street, Laurmac Lane, 2nd Ave, Fairview Lane, East 1111 St, North Montana Ave, East 8th St, Topeka Dr, Reading Circle, and Penn Circle. 1.02 The Projectforwhich the Work underthe Contract Documents may be the whole oronly a part is generally described as follows: 2021 Pavement Maintenance ARTICLE 2 — ENGINEER 2.01 The Project has been designed by Kadrmas, Lee and Jackson, Inc. (KI -1), which is to act as Owner's Representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days for Substantial Completion and Final Payment A. The Work will be substantially completed within 30 working days afterthe date when the Contract Times commence to run as provided in the Special Provisions and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 45 working days after the date when the Contract Times commence to run. A shutdown time of 60 calendar days shall be implemented to allow for complete cure of the sealant and mastic materials prior to application of the chip seal. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss 2021 Pavement Maintenance Agreement Form Section 00500 KU Project 2004-00831 Page 1 of 8 suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1,400 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 above for Final Completion until the Work is completed and ready for final payment. ARTICLE 5 — CONTRACT PRICE 5.01 Contract Payment A. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents an amount equal to the sum of the established Unit Price for each separately identified item of Unit Price Work times the quantity of that item that is constructed and accepted. Unit prices are those listed in the Unit Price Schedule of the Bid Form attached as Exhibit A to this Agreement. Estimated quantities used for bidding purposes are not guaranteed. Payment will be for actual quantities as determined by Engineer in accordance with Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments in accordance with Article 14 of the General Conditions on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the number of units of each bid item completed times the bid unit price in the Unit Price Schedule of the Bid Form for that item. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the sum of the unit price items less the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, in accordance with Paragraph 14.02 of the General Conditions. a. Owner shall retain five percent (5%) of the amount of each payment until final completion and acceptance of all Work covered by the Contract Documents. b. Retainage will be five percent (5%) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactoryto Owner as provided in Paragraph 14.02 of the General Conditions). 2. Upon Substantial Completion and at Owner's discretion, the amount of retainage may be further reduced if requested by Contractor. 2021 Pavement Maintenance AgreementForm Section 00500 KLI Project 2004-00831 Page 2 of 8 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 — INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents (including all Addenda) listed in Paragraph 9 and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Special Provisions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site which has been identified in the Special Provisions as provided in Paragraph 4.06 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. E. Contractor has obtained and carefully studied (or assumes responsibility for 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 or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor including applying the specific means, methods, techniques, sequences and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the site that relates to the Work as indicated in the Contract Documents. 2021 Pavement Maintenance Agreement Form Section 00500 KU Project 2004-00831 Page 3 of 8 H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (Pages 1 to 8, inclusive); 2. Performance bond (Pages 1 to 3, inclusive); 3. Payment bond (Pages 1 to 3, inclusive); 4. Standard General Conditions (MPWSS); 5. Supplementary Conditions (MPWSS); 6. Special Provisions; 7. Specifications as listed in the table of contents of the Project Manual; 8. Drawings consisting of a cover sheet and sheets numbered G2 through DT2 with each sheet bearing the following general title: 2021 Pavement Maintenance; 9. Addenda (Numbers 1, inclusive); 10. Wage Rates; 11. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (Pages 1 to 8, inclusive); b. Documentation submitted by Contractor prior to Notice of Award (Pages to inclusive); c. Notice of Award. 12. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed; b. Written Amendments; c. Work Change Directives; 2021 Pavement Maintenance Agreement Form Section 00500 KU Project 2004-00831 Page 4 of 8 d. Change Orders; e. Any Notice of Partial Utilization; f. Notice of Substantial Completion; g. Lien Waivers; h. Notice of Final -Completion and Acceptance. 13. Supplementary Specifications 14. Certificates of Insurance 15. Montana Public Works Standard Specifications, Sixth Edition, dated April 2010. B. There are no Contract Documents other than those listed above in this Article 9. C. The Contract Documents may only be amended, modified, or supplemented as provided1 in Paragraph 3.04 of the General Conditions. ARTICLE 10— MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the ,Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 2021 Pavement Maintenance Agreement Form Section 00500 KU Project 2004-00831 Page 5 of 8 IN WITNESS WHEREOF, Owner and Contractor have signed five (5) ement. Three have been delivered to Owner, one to Contractor and one to Engineer. All p 0ontralct Documents have been signed or identified by Owner and Contractor or by Enginea, ehalf. This Agreement will be effective on (which is the Effective Date of the Agreement). OWNER: CITY OF L UREL CONTRACTO RIVES Signature Signatur I Title: C--- Attest: /Attest: 164 tyk By: (/��� Title: ����� Address for giving ices: Phone No.: Fax No.: (CORPORATE SEAL) (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner - Contractor Agreement) C S RUCTION 6Z4"f-I By: ? d0AJ 974 / C N Title: Or/51 deq74� Attest: 0 Title VP Address forgiving notices gboo UeiTrcc+,- VQ Phone No.: ( (ld&j Z z/ -r' 3/0 Fax No.: yO /'—) e Yr''M3 y License No.: (SEAL) Contractor Registration No.: 33!' Agent for service of process: (If CONTRACTOR is a corporation ora partnership, attach evidence ofauthorityto sign.) 2021 Pavement Maintenance Agreement Form Section 00500 KU Project 2004-00831 Page 6 of 8 Owner's Designated Representative: Contractor's Designated Representative: Name: Name: -16 A-5�/tp Title: Title: VP Address: Address: Li � f i�i�'' C4(- 2s . ticMAS /WrSG16) Phone No.: Phone No.:— CCIJ4 z�ttT`3IZ$ FAX No.: FAX No.: END OF SECTION 2021 Pavement Maintenance Agreement Form Section 00500 KU Project 2004-00831 Page 7 of 8 PAGE INTENTIONALLY BLANK 2021 Pavement Maintenance Agreement Form Section 00500 KU Project 2004-00831 Page 8 of 8 BYLAWS OF HARDRIVES ASPHALT CO., INC. ARTICLE I OFFICES The principal office of the Corporation in the State of Montana shall be located at 8341 Hofferber Road, Shepherd, Montana, 59079. The Corporation may have other offices, either within or without the State of Incorporation, as the Board of Directors may designate or as the business of the Corporation may from time to time require. ARTICLE II STOCKHOLDERS Section 2.01. Annual Meeting. The annual meeting of the stockholders shall be held within the first ( ) months of each new fiscal year of the Corporation, .for ;the purpose of electing Directors and for the transaction of such other business as may come before the meeting. Section 2.02. Special Meeting. Special meetings of the stockholders, for any purpose or purposes, unless otherwise prescribed by statute, may be called by the President, by a majority of the Board of Directors, or by the holders of not less than ONE—HALF (1/2) of all the shares entitled to vote at the meeting. Section 2.03. Place of Meeting. The Directors may designate any place, either within or without the State unless otherwise prescribed by statute, as the place for any annual meeting or for any special meeting called by the Directors. Section 2..04. Notice of Meeting. Written or printed notice but such removal shall be without prejudice to the contract rights, if any, of the person removed. Section 4.04. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled by the Directors for the unexpired portion of the term. Section 4.05. President. The President shall be the principal executive officer of the Corporation and, subject to the control of the Directors, shall in general supervise and control all of the business and affairs of the Corporation. He shall, when present, preside at all meetings of the stockholders and of the Directors. He may sign, with the Secretary or any other proper officer of the Corporation, any deeds, mortgages, bonds, contracts, or other instruments which the Directors have authorized to be executed, except in cases where the signing and execution, thereof shall be expressly delegated by the Directors or by these By -Laws to some other officer or agent of the Corporation, or shall be required by law to be otherwise signed or executed; and in general shall perform all duties incident to the office of President and such other duties as may be prescribed by the Directors from time to time. Section 4.06. Vice -President. In the absence of the President or in the event of his death, inability or refusal to act, the Vice -President shall perform the duties of the President, and when so acting, shall have all the powers of and be subject to all the restric- tions upon the President. The Vice -President shall perform such duties as from time to time may be assigned to him by the President or by the Directors. Pres' nt Vice President - . 2-1 �-- �., � � &, Secretary/likeasurer aa2.4.172 CHANGE -OF -NAME -AGREEMENT Hardrives Construction Inc.., a corporation duly organized and existing under the laws of Montana [insert State] and the UNITED STATES OF AMERICA (Government), enter into this agreement as of July 2002 [insert date when the change of name became efjective'under applicable State law.] (a) The parties agree to the following facts: (1) The Govenunent represented by various Contracting Officers of the Bureau of Reclamation, Great Plains Region, has entered into certain contracts and purchase order with Hardrives Asphalt Co., Inc., namely: 02CC602030. The tens "the contracts" as used in this Agreement, means the above contracts and purchase orders and all other contracts and purchase orders, including all modifications, made by the Government and the Contractor before the effective date of this Agreement (whether or not performance and payment have been completed and releases executed if the Government or Contractor has any remaining rights, duties, or obligations under these contracts and purchase orders). (2) Hardrives Asphalt Co., Inc., by an amendment to its certificate of incorporation, dated 7/12 , 20 0 2 , has changed its corporate name to Hardrives Construction Inc. (3) This amendment accomplishes a change of corporate name only and all rights and obligations of the Government and of the Contractor under the contract are unaffected by this change. (4) Documentary evidence of this change of corporate name has been filed with the Government. (b) In consideration of these acts, the parties agree that — (I) The contracts covered by the Agreement are amended by substituting the name "Hardrives Construction, Inc." for the name "Hardrives Asphalt Co., Inc." wherever it appears in the contracts; and (2) Each party has executed this Agreement a's of the day and year first above written. UNITED STATES OF AMERICA INC. L -N, [Corporate CERTIFICATE I, Step iianie Bailey certify that I am the Secretary of Hardrives Construction, Inc.; that J1:7 x3a,i 1 ev who signed this Agreement for this corporation, was then -P_+_ es i Cent of this corporation; and that this Agreement was duly signed for and on behalf of this corporation by authority of its governingbody and within the scope of its corporate powers. Witness my hand a the s 1 of this corpe 'on thi day of 20 O 3 . BY [Corporate Sal]