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HomeMy WebLinkAbout34-97 RESOLUTION RESOLUTION NO. 34-97 1\i/VE:1) A RESOLUTION AWARDING BID NO. 97-25 IN THE AMOUNT OF $36,030, TO RE-ROOF THE FAYETTEVILLE POLICE/COURTS BUILDING; AND BID NO. 97-19, IN THE AMOUNT OF $53,300, TO RE-ROOF THE FAYETTEVILLE PUBLIC LIBRARY TO ROOFING SYSTEMS, INC.; AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby awards Bid No. 97-25 in the amount of $36,030 and Bid No. 97-19 in the amount $53,300 to Roofing Systems, Inc. for the re-roofing of the Police/Courts Building and the Fayetteville Public Library; and authorizes the Mayor and City Clerk to execute contracts for said services. A copy of the contracts are attached hereto marked Exhibit "A" and Exhibit "B" and made a part hereof. Section 2. The City Council hereby approves a budget adjustment in the amount of $79,430 increasing Building Improvements, Acct. No. 4470 9470 5804 00, Project No. 96028 in the amount of$43,400 and Building Improvements, Acct. No. 4470 9470 5804 00, Project No. 97074 in the amount of $36,030 by decreasing Use of Fund Balance, Acct. No. 4470 0947 4999 99 in the amount of $56,600 and Fixed Assets, Acct. No. 4470 9470 5801 00, Project No. 96006 in the amount of$22,830. A copy of the budget adjustment is attached hereto and made a part hereof. .�°`*—,PAS,tS 9 AND APPROVED this_1st_ day of April , 1997. L /•• r . r "c APPROVED: ,. 47/,,7kte-/ �F B ` 0 4.. a red Hanna, Mayor J ; • ATTEST: By: ,Cc : ci.,11 Traci Paul, City Clerk Z City of Fayetteville,Arkansas Budget Adjustment Form ' Bu40dget Year Department:Sales Tax Capital Improvement Efate Requested Adjustment# 1997 Division: 03/19/97 Program: Project or Item Requested: Project or Item Deleted: Additional funding is requested for Building Improvements Project Funding for this adjustment is from fund balance and from Police Emergency #96028 and funding is requested for Police/Courts Reroof project Generator Project#96006. #97074. Justification of this Increase: Justification of this Decrease: The roof project for the Fayetteville Library Main Building increased The reroof project for the Fayetteville Library Main Building was more in scope from a planned roof top coat to a reroof project due to roof extensive than originally planned,due to weather conditions in January. The damage sustained by the snowfall in January 1997. The reroof of the Police Emergency Generator Project has been rescheduled to 1998. Police/Courts Building is necessary due to an increasing number of leaks occurring. III Increase Account Name Amount Account Number Project Number Building Improvements 43,400 4470 9470 5804 00 96028 Building improvements 36,030 4470 9470 5804 00 97074 Decrease Account Name Amount Account Number Project Number Use of Fund Balance ., 56 s 600 4470 0947 4999 99 Fixed Assets — 22,8,30 4470 9470 5801 00 96006 Approval Signatures Budget Office Use Only /t-97 steel B Type: A B C D El F 3 -/ 9—S7 t C rdinato Date of Approval - Wa . 3—z./--- q7 ent irec or Posted to General Ledger Admin.S ices Direc / Entered in Category Log Y / 7 Mayor C:\APP\97BUD\97WORK\ROOFBA.WK3 Budget Office Copy EXHIBIT A CONTRACT This contract executed this /sf- day of April , 1997, between the City of Fayetteville, Arkansas, hereinafter called the City, and Roofing Systems , Inc . hereinafter called the Contractor, and having an address at 10824 Holiday Hills Drive , Rogers . AR 7976 In consideration of the mutual covenants contained herein, the parties agree as follows : 1 . The Contractor at his 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 97- 25 as stated in CONTRACTOR' S PROPOSAL, and in accordance with specifications attached hereto and made a part hereof under Bid #97- 25 , all included herein as if spelled out word for word. 2 . The City shall pay the Contractor based on prices indicated in Contractor' s Proposal . Progress payments will be made after approval and acceptance of work and submission of invoice. Amount of contract not to exceed S 3n .nIn _nn 3 . The Contract documents which comprise the contract between the City and the Contractor consist of this Contract and the following documents attached hereto, and made a part hereof : A. Bid form identified as Invitation to Bid 97- 25 with the specifications and conditions typed thereon. B. The Contractor ' s proposal . C. The Notice to Prospective Bidders and the Bid Tabulation. 4 . These Contract documents constitute the entire agreement between the City and the Contractor and may be modified only by a duly executed written instrument signed by the City and the Contractor. 5 . Contractor shall not assign his duties under the terms of this agreement. 6 . Contractor agrees to hold the City harmless and indemnify the City, against any and all claims for property damage, personal injury or death, arising from Contractor' s 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. • 7 . The Contractor shall furnish a certificate of insurance addressed to the Owner, 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, the Contractor 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. Workers ' Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability $250 , 000 for each person injured. $500 , 000 for each accident . Property Damage Liability $250 , 000 for each accident. $500, 000 aggregate. The premiums for all insurance and the bond required herein shall be paid by the Contractor. 8 . If contract exceeds $20 , 000, Contractor agrees to furnish a Performance Bond, approved by the City, guaranteeing the performance of this contract, for not less than one hundred percent of the amount of this contract. Said performance bond shall be conditioned on full and complete performance of this contract and acceptance by the City of Fayetteville for the payment of all labor and materials entering into or incident to the proposed improvements . The Contractor agrees to furnish proof of licensure as required under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature. 9 . Contractor agrees to begin work within ten (10) days of notice to proceed and complete the work within 60 calendar days thereafter. Liquidated damages of $100 per day shall be assessed at the option of the City, not as a penalty, beginning on the first day following the completion time to cover additional costs . 10 . All work called for herein shall be coordinated directly with Harold Dahlinger, Facilities Manager at 575-8361. 11. This contract may be terminated by the City with 10 days written notice. 12 . Contractor shall be responsible for meeting compliance with A regulations . ' 0 F -r E ILm./ TNESS OUR HANDS THIS S�_DAY OF /V/"/1 , 1997. • f r ~ ! ` r. . CITY OF FAYETTEVILLE, ` V�� '',• . o�. ,�; FAYETT ILLE, ARKANSAS } * .4 s ,: '•' • i�%�/6 ,�t` .r � � j BY MAYOR ATT T: CITY RK (n� II T &XIX : � �J F�-‘n`� kvv�. . 1 N c.- JFIRM NAME ATTEST: SECRETARY BY -c"-L---...)c.• ,\...(O, P;^,,_„�_.�. t Pre ,-,',.\-,4.-. NAME AND TITLE 1.C) Lk ll\ l;aCL,,, l�%lls hr�.rQ 1.4.:5e(-s , AQ t2g..`) 5 L U BUSINESS ADDRESS INVITATION.TO BID CITY OF FAYETTVILLE, ARKANSAS BID # , DATE ISSUED: DATE AND TIME OF OPENING: 97-25 February 2 7th, 1997 March 17, 1997 at 3:00p.m. 00p.m. BUYER: I DATE REQUIRED: City of Fayetteville, AR 30 days ARO F. O. B. ; BUYER'S PHONE # GUARANTEED DELIVERY DATE: { Fayetteville, AR ! (501) 575-8289 ITEM # DESCRIPTION j QUANTITY UNIT PRICE TOTAL Per Attached Specifications: 1 Tearoff to LWC Deck & Reroof 1 N/A Fayetteville Police Dept. I� I I Questions concerning these bids should be addressed to: Harold Dahlinger at 575-8361 Arkansas Contractor's License # 5% Bid Bond Required if bid exceeds $20,000. (See Attached Contract) RESTRICTIONS OR EXCEPTIONS GRAND 'TO THE BID MUST BE NOTED: TOTAL: SALES TAX MUST BE INCLUDED. EXECUTION OF BID Upon signing this Bid, the bidder certifies that they have read and agree to the requirements set forth in this bid proposal, including specifications, terms and standard conditions, and pertinent information regarding the articles being bid on, and agree to furnish these articles at the prices stated. UNSIGNED I NAME OF FIRM: PHONE: IFed. ID # ,BIDS ; { WILL BE BUSINESS ADDRESS: CITY AND STATE: ZIP: REJECTED (AUTHORIZED SIGNATURE: TITLE: DATE: PROJECT NAME: FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, AR RE-ROOF (TEAROFF TO LWC DECK) PART 1.00, GENERAL 1.01 HANDLING AND STORAGE OF MATERIALS A) Keep all roofing materials dry before and during installation. Store roofing materials off roof deck or ground, and covered. B) Store roll membrane on end with salvage edge up. Store palletized units one high only. Never double stack palletized units. C) Do not use roofing materials that are damaged or wet. D) Store all membrane under cover until immediately before use. E) Caution should be exercised when lifting materials with a hoist. F) General Section of BITEC "Roofing Material Specification and Details" or the "National Roofing and Waterproofing Manual"shall be consulted before work begins, and is considered part of this specification. 1.02 REFERENCE STANDARDS A) Perform all roofing work in accordance with"good roofing practices" as detailed in the"NRCA Roofing and waterproofing manual" , BITEC, INC. "Roofing material Specifications and Details manual", all other pertinent BITEC publications, "UL Building Materials Directory", "Factory Mutual Research"publications or to codes applicable to project. PART 2.00 PRODUCTS 2.01 PRIMER Conforming to ASTM D41 (85) criteria for Asphalt Primer used in roofing, waterproofing, And dampproofing. 2.02 ASPHALT ASTM D 312 Type III 2.05 CANT STRIP Non combustible 2.06 INSULATION NONE REQUIRED 2.07 BASE SHEET BITEC BETA BASE; UL Type G2 fiberglass base sheet. ASTM D 4601, Type II or equivalent 2.09 MEMBRANE BITEC SPM-3.5H; polyester reinforced; SBS modified Bitumen; mineral surfaced; UL Classified membrane; or equivalent; applied with hot asphalt. All individual rolls to have UL Labels. 2.10 SURFACING None required. PART 3.00 EXECUTION 3.01 EXAMINATION A) Ensure that site preparations have been made, and that conditions Are suitable for roofing assembly installation. Roof deck must be clean, visibly dry, free from projections, provide for positive drainage and be in an acceptable condition before roof system installation. 3.02 DECK PREPARATION A) Remove existing roofing down to the existing STEEL DECK and haul all debris from the site. B) Curbs, cant strips and treated wood nailers shall be installed where flashings are required. Where specified, and needed, treated wood insulation stops, the same thickness of the insulation shall be installed at roof edges. These shall be installed per NRCA requirements. C) Expansion joints or control joints shall be provided where necessary and shall be flashed shown in BITEC, INC. Or the National Roofing and Water Proofing manual published details. 3.04 FLASHINGS A) Consult BITEC, INC. "Roofing Material Specification and Details" publication, or National Roofing and Waterproofing manual for proper methods and requirements. PART 4.00 , MEMBRANE SYSTEM INSTALLATION 4.01 SYSTEM Deck: Lightweight Concrete Base Sheet: BITEC BETA BASE or equivalent nailed using Zonolite Base Ply Fasteners as per BITEC Specifications Fastening Pattern. Interply: Fiberglass felt installed in continuous mopping of hot asphalt. Membrane: BITEC SPM-3.5H installed in continuous mopping of ASTM Type III asphalt or equivalent. PART 5.00 WARRANTY This membrane system shall have a 12 year warranty. PART 6M0 SHF.FT MFTAT, WORK Remove and replace existing gravelstops. Existing fascia to remain in place. Raise existing HVAC units as required to install new 24 gauge counterflashings at curbs. Replace all existing vent bases and pitch pans. Gravelstop, to be 24 gauge galvanized iron. Other flashings to be 24 gauge galvanized iron. Installation and fabrication to be in accordance with SMACNA manual. CITY OF FAYETTEVILLE,ARKANSAS General Terms and Conditions 1. All bids shall be submitted in a sealed envelope and must be submitted on forms provided by the City. 2. The item bid and the bid number shall be stated on the face of the sealed bid envelope. 3. Bidders shall include all applicable local, state, and federal sales tax in bid. The responsibility of payment shall remain with the successful bidder. 4. Bids received after the date and time set for receiving bids will not be considered. 5. The City reserves the right to accept or reject any or all bids, waive formalities in the bidding and make a bid award deemed to be in the best interest of the City. The City shall be able to purchase more or less than the quantity indicated subject to availability of funds. 6. The bid price shall remain good and firm until project is completed. 7. All products delivered shall comply with applicable standards of quality. 8. Any exceptions to the requirements of the City of Fayetteville must be noted on the Bid Form. 9. Prices shall include all labor, materials, overhead, profit, insurance, etc., to cover the furnishing of the items bid. 10. Each bidder shall state on the face of the bid form the anticipated number of days from the date of receipt of an order for delivery of equipment and installation to the City of Fayetteville. 11. Copy of the warranty shall accompany the bid, and any exceptions to the warranty shall be clearly noted on the bid form. 12. 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. 13. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. 14. 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 of bid. 15. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at(501) 575-8289 to insure receipt of their bid documents prior to opening time and date listed on the bid form. 16. If products and/or components other than those described in this bid document are proposed, the bidder must include complete descriptive literature and technical specifications. All requests for additional information must be received within five working days following the request. 17. Bids must be hand delivered or received by mail in the Purchasing Office, Room 306, 113 W. Mountain St. Fayetteville, AR 72701, on or before the time of closing listed on the face of the bid. 18. Terms and conditions spelled out in the attached contract should be read carefully. The successful bidder shall sign and return the contract with copies of certificates of insurance within 10 days of notice of bid award. 19. Projects $20,000 or over require a 5% bid bond. Projects $20,000 and over require a 100% performance and payment bond to be submitted before notice to proceed is given. 20. Bids exceeding$20,000 require a contractor's license. M W 6 a F- 0. W 0 W 0 J 0 a z w W a g 0 z aUS W re u- 0 a O re Z O$ 4 O eo ai M d M V- O E... F-: ��p Cd o 664 (O cn 69 U CO W 0 CO 0 W LL i= cc W 0 W J J w co Z 2 it Z tit O LT- H >- izza)0_ c_a as CO ace ca N,_M LL m z c n M N O Y CO Z OLjLjO Z Z LL m0�U u. S re EXHIBIT B CONTRACT This contract executed this /Sf day of .pr-. ( , 1997 , between the City of Fayetteville, Arkansas, hereinafter called the City, and Roofing Systems , Inc . hereinafter called the Contractor, and having an address at 10824 Holiday Hills Drive, Rogers , AR 72756 In consideration of the mutual covenants contained herein, the parties agree as follows : 1 . The Contractor at his 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 97-19 as stated in CONTRACTOR' S PROPOSAL, and in accordance with specifications attached hereto and made a part hereof under Bid #97-19, all included herein as if spelled out word for word. 2 . The City shall pay the Contractor based on prices indicated in Contractor ' s Proposal . Progress payments will be made after approval and acceptance of work and submission of invoice. Amount of contract not to exceed $ 53 , 300 .00 3 . The Contract documents which comprise the contract between the City and the Contractor consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 97-19 with the specifications and conditions typed thereon. B. The Contractor' s proposal . C. The Notice to Prospective Bidders and the Bid Tabulation. 4 . These Contract documents constitute the entire agreement between the City and the Contractor and may be modified only by a duly executed written instrument signed by the City and the Contractor. 5 . Contractor shall not assign his duties under the terms of this agreement. 6 . Contractor agrees to hold the City harmless and indemnify the City, against any and all claims for property damage, personal injury or death, arising from Contractor' s 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. 7 . The Contractor shall furnish a certificate of insurance addressed to the Owner, 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, the Contractor 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. Workers ' Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability $250, 000 for each person injured. $500 , 000 for each accident. Property Damage Liability $250 , 000 for each accident. $500, 000 aggregate. The premiums for all insurance and the bond required herein shall be paid by the Contractor. 8 . If contract exceeds $20, 000, Contractor agrees to furnish a Performance Bond, approved by the City, guaranteeing the performance of this contract, for not less than one hundred percent of the amount of this contract. Said performance bond shall be conditioned on full and complete performance of this contract and acceptance by the City of Fayetteville for the payment of all labor and materials entering into or incident to the proposed improvements . The Contractor agrees to furnish proof of licensure as required under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature. 9 . Contractor agrees to begin work within ten (10) days of notice to proceed and complete the work within 60 calendar days thereafter. Liquidated damages of $100 per day shall be assessed at the option of the City, not as a penalty, beginning on the first day following the completion time to cover additional costs . 10 . All work called for herein shall be coordinated directly with Harold Dahlinger, Facilities Manager at 575-8361 . 11 . This contract may be terminated by the City with 10 days written notice. 12 . Contractor shall be responsible for meeting compliance with ADA regulations . `! C F f f i rWTTNESS OUR HANDS THIS /S/- DAY OF J -pry / , 1997. /' e l ,,-- i /� I , . CITY OF FAYETTEVILLE, i )!i.t,r`h p... ‘2,::- 1 FAYETT ILLE, ARKANSAS ikt • t ''''s 16.-. BY /14$ 4//h4ri 7`'- MAYOR ATT T: CITY CLERK n(4 ` FIR NAME ATTEST: SECRETARY BY c-<_-ti. 1 c: t.n-s,. , R,....1-i.,1 Q A.\- NAME TITLE cJ.ers, (6N2 `tac)s !o BUSINESS ADDRESS \ a« C CI 88 88 kk C0 .z2 &2 22 ' ( k* kg ga ga § I Jk kk Ca 2 a b k § re & 7 R ✓ CO. ri 2 IL W W § U 2 al ? o ■ b ' a. 2 z E 8 R I2 § § k / _ m O @ re q iii I --I s u) ■ ko �w w § , k ad k �� RLL z o . O X 2 2UJd0 X T. §k§§ § cc Mf CROFI LMED THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Roofing Systems,Inc. Old Republic Surety Company 10824 Holiday Hills Drive PO Box 1976 Rogers AR 72756 Des Moines IA 50306 OWNER (Name and Address): City of Fayetteville Fayetteville, Arkansas CONSTRUCTION CONTRACT Date: April 1, 1997 Amount: Thirty Six Thousand Thirty and no/100 Description (Name and Location): Roof Replacement Police& Court Bldg, Cont.#595 BOND Date (Not earlier than Construction Contract Date): April 14, 1997 Amount: Thirty Six Thousand Thirty and no/100 Modifications to this Bond: CkNone ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Roofing Systems,Inc. Old Rep lic Surety Company Signature: _ Pnr-a, Signature: Name and Title: Scz,li o6n4i`, Name and Title: (Any additional signatures appear on page 3) Attorney in fact (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Charlton Manley,Inc. PO Box 4266 Topeka Ks 66604 MA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 19&3 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-19134 1 THIRD PRINTING • MARCH 1987 . t ,. - ,.., t f• i , ''''., :- i ; • r " ". . • 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance- mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right,if not be greater than those of the Contractor under the any, subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the formally terminated the right to complete Owner under the Construction Contract.To the limit of the the contract. SuchtheContractor's r shall not be de- amount of this Bond, but subject to commitment by the Glared earlier than twenty Contractor dayr Defaultafter Contractor allnote and Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in actor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety 4 When the Owner has satisfied the conditions of Para- under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract,actual dam- 4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or non-perfor- Owner, to perform and complete the Construction mance of the Contractor. Contract; or 7 The Surety shall not be liable to the Owner or others for 4.2 Undertake to perform and complete the Construc- obligations of the Contractor that are unrelated to the Con- tion Contract itself, through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- 8 The Surety hereby waives notice of any change,includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- with with performance and payment bonds executed by a lions. g qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond, whichever oc curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law, the minimum period of limitation avail- AR DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA s THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C.20006 A312-1984 2 THIRD PRINTING • MARCH 1987 • able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re be mailed or delivered to the address shown on the sig- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract:Thea reement between statutory or other legal requirement in the location where g the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in thisand nature Bond conflicting with said statutory or legal requirement page, including all Contract Documents shall be deemed deleted herefrom and provisions con- forming changes thereto. to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived, to pay the Con- 12.1 Balance of the Contract Price:The total amount payable by the Owner to the Contractor under the tractor as required by the Construction Contract or to Construction Contract after all proper adjustments perform and complete or comply with the other terms have been made, including allowance to the Con- thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Roofing Systems, Inc. Old Republic Surety Company c' n Signature: `vas-dC P ,mr Signature: Name and Title:Sc� Pond pry JnY.� Name and Title: Address: Address: Attorney in fact MA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C.20006 A312-1984 3 THIRD PRINTING•MARCH 1987 • THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Roofing Systems,Inc. Old Republic Surety Company_ 10824 Holiday Hills Drive PO Box 1976 Rogers AR 72756 Des Moines IA 50306 OWNER (Name and Address): City of Fayetteville Fayetteville, Arkansas CONSTRUCTION CONTRACT Date: April 1,1997 Amount: Thirty Six Thousand Thirty and no/100 Description (Name and Location): roof replacement Police & Court Bldg, Cont #595 BOND Date (Not earlier than Construction Contract Date): April 14, 1997 Amount: Thirty Six Thousand Thirty an o/100 Modifications to this Bonc: one ❑ See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Roofing Systems,Inc. Old Re_ lic , ety Company Signature:t� P r Signature: — Name and Title:vcz_,t. ar PC Zs.S:J- Name and Title: (Any additional signatures appear on page 6) Attorney in fact (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Charlton Manley,Inc. PO Box 4266 Topeka, Ks. 66604 AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED.•AIA® A312-1984 4 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON, D.C.20006 THIRD PRINTING•MARCH 1987 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant,with a copy to rated herein by reference. the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract.The Owner shall not be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli- contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and,with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed; and struction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor, or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor claim will be paid directly or indirectly; and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall cient compliance. be deemed incorporated herein. The intent is that this MA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED •AIA® THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D C.20006 A312-1984 5 THIRD PRINTING •MARCH 1987 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors, and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy asserted in the jurisdiction where the labor, materials or equipment were furnished. to be made. 15 DEFINITIONS 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the sig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract.The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor, materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Roofing Systems,Inc. Old Republi Surety Company Signature:.-ems} \w� .,r• _ Signature: 7 Name and Title:vC.�H ���, , ,�,,�'� Name and Title: Address: Address: Attorney in fact AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AlA THE-AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C.20006 A312-1984 6 THIRD PRINTING• MARCH 1987 *_sues mp., — = 1� -- - _ _ , - - F - _ 3 ALtivlt4 � PR SENT& ,_----_-__-_-_-__-7:',,c-rnak ions rte i ,_ = - _- ST€ ----------Am---R IA icER t-I-f AL-D F- TAMCT,� JUDI =tt .. EN it L , _z-t I.=BEF-T',=ik `= _.E-. 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I i i • MICROFILMED THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Roofing Systems,Inc. Old Republic Surety Company 10824 Holiday Hills Drive PO Box 1976 Rogers AR 72756 Des Moines IA 50306 OWNER (Name and Address): City of Fayetteville Fayetteville AR CONSTRUCTION CONTRACT Date: April 1, 1997 Amount: Fifty Three Thousand Three Hundred and no/100 Description (Name and Location): Roof replacement, Public Library Main Building BOND Date (Not earlier than Construction Contract Date): April 14th, 1997 Amount: Fifty Three Thousand Three Hundred and no/100 Modifications to this Bond: [ij None [1 See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Roofing Systems,IInnnc. Old public Surety zn y��-tom" Signature: �-a P cr.--r Signature: —Z-1-41-7 Name and Title Name and Title: (Any additional signatures appear on page 3) Attorney in fact (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Charlton Manley,Inc. PO Box 4266 Topeka Ks 66604 AR DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 173. NEW YORK AVE., V.W..WASHINGTON, D.C. 20006 A312-1984 1 THIRD PRINTING • MARCH 1987 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance- mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right,if not be greater than those of the Contractor under the any, subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the formally terminated the Contractor's right to complete Owner under the Construction Contract.To the limit of the amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of Glared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in actor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety 4 When the Owner has satisfied the conditions of Para- under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract,actual dam- 4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or non-perfor- Owner, to perform and complete the Construction mance of the Contractor. Contract; or 7 The Surety shall not be liable to the Owner or others for 4.2 Undertake to perform and complete the Construc- obligations of the Contractor that are unrelated to the Con- tion Contract itself,through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- 8 The Surety hereby waives notice of any change,includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a tions. qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law, the minimum period of limitation avail- MA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C 20006 A312-1984 2 THIRD PRIN1INC • MARCH 1987 • able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims re- 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled,be mailed or delivered to the address shown on the sig- behalf by f all Contractor d and proper r the Consstruction made to or on behalf of the under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived, to pay the Con- 2.1 Balance of the Contract Price: The total amount Con- 12.1 payable lab the Owner Contract o the Contractor under the tractor as required by the Construction Contract or to Construction Contract after all proper adjustments perform and complete or comply with the other terms have been made, including allowance to the Con- k k MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: • (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Roofing Systems,Inc. Old Republic Surety Company Signature•Sk7.4.-- J Signature ---6-1P—‘ ?I'S;24---e/c›. Name and Title:Sc �, , i t-c,r.3-4,4 Name and Title: Address: Address: Attorney in fact AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON, D.C.20006 A312-1984 3 THIRD PRINTING•MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Roofing Systems,Inc. Old Republic Surety Company 10824 Holiday Hills Drive PO Box 1976 Rogers AR 72756 Des Moines IA 50306 OWNER (Name and Address): City of Fayetteville Fayetteville AR CONSTRUCTION CONTRACT Date: April 1, 1997 Amount: Fifty Three Thousand Three Hundred and no/100 Description (Name and Location): roof replacement, Public Library Main Building BOND Date (Not earlier than Construction Contract Date): April 14th, 1997 Amount: Fifty Three Thousand Three Hundred and no/100 Modifications to this Bond: Et None ❑ See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Roofing Systems,Inc. Old pub S C y Signature:%--.)-Ck f r A,1-- Signature. Name and Title:'Sc"t R16,o, (�rer.lp�j Name and Title: (Any additional signatures appear on page 6) Attorney in fact (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Charlton Manley,Inc. other party): PO Box 4266 'Ibpeka Ks 66604 AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AIA 8 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D.C.20006 A312-1984 4 THIRD PRINTING•MARCH 1987 • 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant,with a copy to rated herein by reference. the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor,materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond,they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli- contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and,with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed; and struction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor, or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor claim will be paid directly or indirectly;and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall cient compliance. be deemed incorporated herein. The intent is that this AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED •AIA® THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N W.,WASHINGTON.DC 20006 A312-1984 5 THIRD PRINTING•MARCH 1987 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors, and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15.2 Construction Contract:The agreement between 15 DEFINITIONS the Owner and the Contractor identified on the sig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract.The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor, materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Roofing Systems,Inc. Old Republic Surety Company Signature: Sce P Signature: Name and Title:Sczfk- `d nJr� (`� eS. 14z+..4 Name and Title: Address: Address: Attorney in fact AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA THE-AMERICAN INSTITUTE OF ARCHITECTS,1733 NEW YORK AVE.,N.W., WASHINGTON, D.C. 20006 A312-1984 6 THIRD PRINTING •MARCH 1987 �F A-- --- EN BY PAESENT$r - BLIC SUt -_--YWisconsin_ k insurance r .- - tire, constitute t €i - = _ STEM=J . ANA LD T LO , UDY L #i0 , RT, R :J cARLE - T 'T, I1 f t _R I iN - £ F 1>I ._=Fes- T i - E._ i± #1tr.ti F-_- T `-A�: -it"-‘;47: -'---i--- • = - __ • it- s1t and Ia l Attorne ys-in ch withh full a auth #©r and on aHhe panyas=sue for cecu ante delver and affix-the seataf the er tf(i a tir I nis uarde�_rta r ceso►otherwritten• ons ter han a- ilbr tdepository - bonds, t{age deficiencyb a gag a s, tees o_instal • =and mote guan ftibli r3e co j -_ -- a #' fit � lids, bonds,h er o _ _ _ --.: mss - f .. _#+ T _=IN T Aire a 1 iT i -1 - ►-eGRE6 ' - _ tf- '''-: .-'---.- FIVE= .€ tt[� i - _� y. E l P AT I+ =RE Eu fi ER OF l T lIvIENT.-≥u D ! T L . ION. r_ __art[l Dm. SURETY COMPANY y,and ail of e- of said Attorn -Fact, ur ant to th a are - =_�. or it umenu t+ es a d co ground This - i ant e -_ nclauthority of a and ofdirectors at �� f br ��, ,= F ed an€f ale _- i- -fas§ tle tder ands t authoFr f��vihgre�i rtions dopted Fr leboarcfissf=directors�sI 7L1 i� _ 11 on ua y 18,1fir izr= _:,_%:,.,7_7=_:-,,-, =f E # tt p ident. Azt president ss stint ice e t s �nr #s erly sist __k5_---=-- ` _Vie!yF�ey r �-ir o e� authefir efined r ed stmt c encin 3�appointment- -e; cl case, o behalf of my t xecute and liver a a�x the a c. any _i: .__...„„ o bon undertakings, _ nlz—eesr hap cctaft iris �kinds;_ar d a #n €remova a s t y n fac3 car �. eice owes Of Attorpreviously grl d tosucbperson = D FURTHER,- y band;under er suite shafiibav - hfnd i}�on the _ *vice_ - at ur n e t st a r_ {rl l iur ya se -or secrt} - - - i - vhe�� the pr a resident Or' rr�•s nt vicepresi t, • r assistantsec_re and countersigned +seal areal = (i 1r by a auauthorized >r t or rnttaar _ _ - - = =_ _ finii) siren du ea uted ser if- # t tired) 4 eor n attorneys-in-factor ager —- ant to and in thus.of th hoiit evidenced by theme ►f Alt- 'km- issued by the= parry tv such€pe n orr p ►sue - _ = _ _• _ mil. k i JI EI t sin ture authorized-a Brand ths- a pany may be - a�mile=toany PowerAttorneyor = certification thierec mark the execution an 3 de of a ond,undue zance, _r athee obligations of h such k - = ire grid i when o used.skiall hav e sa r€e an Neva affixed WHEREOF,ni .FS ; €1> _ _ l a.casank ,-,1.-_-_, ---_,:_-. b s pro I ,aid zcorporate a_ta-t4e=ff►5red't ayr l:'- -: _ - Sim -- _ =- - foM p--,=:__ �_ � _ — _ � - �_ P��a ���re me - ' nc '4 �-_tc a�rawn Lobe t ie individualsofficers oft1 > =RE U E Y COM l Y€ S execut e- • tr strurrzent,°:and they h_ackunouledged thex for of the-same and3aei€ag by m du s rr sevetaily_€ispose say; =__ h yrare the s fficel f thee. pn on afore .and t haeseal afft to the b -instrument is-thea sealthe corporation, ttat said of r e se d th rig es as t t lc rs were duly anti andsubscribed to the id- nstrume l t iarit of r`d f ir$s o€ f corporation. = - - - 4 _ (5_ es,-.---- eac�tr CERTIFICATE _ = - _ _=l_The endersi ec s f secre At _._PUBLIC SURET MPANY, sconst oration= CERTI at the inandatta of Attorney arms a to and h is coked;and�e r t theResolutio ft oard =set is h ve of Art sae e rt orce = - _ ▪ _ - fir -_- - -- - - -- _ -40----'3-1_-4.-6-5- -.--- t - tied nd sealedat tl Ctty of ro€tk td s o t E �- Ass-#aru rya =- THIS DOCUMENT IS NOT VALID UNLESS PRINTED IED O__!\_17 COLORE D BACKGROUND AND IS MULTI COLORE D = _ i . . )2 (J J / 0 ) GenFlex 1722 Indian Wood Circle Suite A Maumee, OH 43537 Roofing Systems Tel: 800-443-4272 Dear Building Owner: Thank you for choosing a GenFlex roofing system. Your choice of a GenFlex roof means that we now have more than 200,000,000 square feet of polymer roofing under warranty. The warranty number and job name of your project is as follows: Warranty number: g ?" 2r)( .? (i.--6 / Job name: Faye /te, l,/l 116 (J /I--/L7 I'rC Job location: o' ,/7 £ ' 6I Clef Soil 4 /Y-K / Foy , II, /k, 7,,A 7C, / Enclosed you will find a SPRI roof maintenance manual for your referral along with a roof maintenance sticker. Please remove the backing from this sticker and place it near the roofhatch. This is a quick and easy reference for individuals who will have access to your roof. *I GENCORP . • a Z � � m :>0) D� = Ow ; owm10 w_ o c O mcCm „n0) 5cco `QCD CN� cza) — a) � U) w ,. ' <vnC ww N 0. n > � a �° mm vo co 00c c aw o.co am O3 ccmw °' °—' 0 n �' = * O 0 a m o 5. N a 5 a) Nco ZZ vQ �. g- mg• ,9ccc 3 0 = w om m - w m m c o 0 * m3 p _ c7 o c1CDm - a7sT < w 0o Sto c0uom aN 9' mm0 '' m ° y.-. 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