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HomeMy WebLinkAbout15-89 RESOLUTION• WI! RESOLUTION NO. 15-89 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH JIMMY A. PATTON CONSTRUCTION CO. FOR DEMOLITION OF EXISTING STRUCTURES ON THE SITE FOR THE WALTON ART CENTER. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to executed a contract with Jimmy A. Patton Construction Co. for demolition of existing structures on the site for the Walton Art Center. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 7th day of February APPROVED By: • 1 1989. it a) 74r07/0 -;e2 Mayor 'AMERICAN INSTITUTE c/C0 • AIA Document 4107 OF ARCH IWICIPEOPAfreri: 5/35 pef p":3— 6.3 15)Ntit'")-4 ek, IA MAR 2 7 1988 ARKANSAS STATE RUILDING SERVICES LEASING OFFICE Abbreviated Form of Agreement Between Owner and Contractor For CONSTRUCTION PROJECTS OF LIMITED SCOPE where the Basis of Payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTA 770N WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. — This documeni includes abbreviated General Conditions and should not be used with other general conditions. It has been approved and endorsed by The Associated General Contractors of America. AGREEMENT rnadeasofthe Twenty -Fourth Nineteen Hundred and Eighty -Nine BETWEEN the Owner: (Ammawladdress) and the Contractor: (Name raid address) . The Project is: (Name and Meati(Jn) The Architect is: (Name and address) day of February in the year of University of Arkansas City of Fayetteville, Arkansas c/o UofA/City of Fayetteville Arts 240 North Block Street Fayetteville, AR Jimmy A. Patton Contractor, Inc. 11900 Arch Street Pike Little Rock, AR Building Demolition Walton Arts Center Site Fayetteville, AR Mott Mobley McGowan & Griffin, P.A. 302 North Sixth Street Fort Smith, AR The Owner and Contractor agree as set forth below. Center Council Copyright 1936. 1951 1958. 1961. 1963, 1966, 197:1. 1978, ©1987 hy The American Institute of Architects. 1733 Nev York Avenue. NW,. Washington. D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions ‘vithout written permission of the AIA violates the copyright laws of the United States and will be subject I() legal prosecution. AlkDOCUMENT A107 • A BEREN 1ATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION*, AIM) • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, NAV., WASHINGTON. D.C. 20006 A107-1987 1 ARTICLE 1 THE WORK OF THIS CONTRACT 1) The Contractor shall execute the entire Work described in the Contract Documents. except to the extent specifically indicated in the Contract Documents to he the responsibility of others. or as follows: tiONE ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement is the date from which the Grainier Time of Paragraph 2.2 is measured. and shall he the date of this Agreetnent, 25 first written above, unless i different tae's stated below or provision is made for the date to be fixed in a notice to pro- ceed issued by the Owner. Omen Mar dale 11 atnatitghlimeta if differ claim thy dale of Ilia Aprovoirol ow. topplicatole, stale that fir date loWl hi, fora in a mane lo lionorel ) The date of commencement shall be stipulated by the Notice to Proceed. 2.2 The Contractor shall achieve Stibstantial (:ornpletion of the entire Work not later than (hoerl Il.e calesukar dans tsr oononhea ty calendar davx alter Ib. . that of t uottniassi emelt Alas meal any rtypoinviscals for earlier lobs iiiii Cronlartont 5./ c voltam po al Mt% of ate Work of nor Slated othirorligar 3,I 114nmen6 Ninety (90) consecutive calendar days following the date of commencement. . subject to adjustments of this Contract Time as prt vided in thc Contract Documents. (11134•11 PrINISIIMI& tJ ear. for 1141114141Itti &makew reiatrItg to failure to annfidele gm law If the Contractor fails to complete the Work within this time, or any agreed extension thereof, he shall pay to the Owner as liquidated damages, fixed and agreed, and not as a penalty, the sum of Seventy -Five Dollars ($75.00) for each such calendar day of delay of the Work which sum shall be withheld by the Owner from payments due to be made to the Contractor. AUTDCLE3 CONTRACT SUM 3.1 The Owner shall pay the Contractor in current funds for the Contractor's perfomunce of the Contract the Contract Sum of Fifty -Six Thousand and 00/100 Dollars 56,000.00 1. subject to additions and deductions as provided in the Contract Documents. AtA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AIA' • (c 198' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YOE K AVENUE. N.W. WASHINGTON. D.C. 20006 A107-1987 2 3.2 • The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: • (Valle the nuMbers or Other identification of accepted alternates. Ifteisions orr yaw alternates are to Istcrnn, thrustWITsubsequent to the executionnJ this Agreement, attach a schedule of such Other alternates shouslig the amount jor:Wsit and the'date until utich asithainoion is valid) Alternate Bid No. 1 3.3 Unit prices, if any, are as 10BOWS: None ARTICLE 4 PROGRESS PAYMENTS 4.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Cenificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and else- where in the Contract Documents. The period covered by each Application for Paynient shall he one calendar month ending on the lastday of the month, or as follows: Progress payments shall be in the amount of ninety percent of the portion of the •CoIntract Sum-properlY,allocable•to labor, materials and equipment incorporated in the Work and one hundred percent of the portion of the Contract Sum Properly atocable to materials and equipment suitably stored at the site or at some other ideation agreed upon in writing, less the aggregate of previous payments.in each case. 4.21 Payments due and unpaid. under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. °Insert rule id' interest agreed upon. if (m%) None iStIly /MI" and requirements mrder the Federal Truth in Inuling At similarstateand local C »alliller credit laws and other nwslatirms at the I neller and Onaractor's Min places of business. the ilIalli(111 fy the Projec and elsewhere mayailed arelftilitlit.VIJ this pnution. Legal atirice shmild he obtained telth respect to deletions for modffications, mid also regarding requirements such as eThelosures or us:hers) AIA DOCUMENT MO7 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AIA 1 • © 1987 THOAMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, NW, WASHINGTON. ac. 2o0o6 A107-1987 3 ARTICLE' 5 FINAL PAYMENT 5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to thc Contractor when the Work has been completed, the Contract fully performed, and 2 final Certificate for Payment has been issued by the Architect. ARTICLE 6 ENUMERATION OF 03NTFIACT DOCUMENTS 6.1 The Contract Documents are listed in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as follows. 6.1.1 The Agreement is this executed Abbreviated Form of Agreement Between Owner and Contractor, AIA Document A107, 1987 Edition. 6.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated January 10, 1989 , and are as folk)ws: Document Title Pages Supplementary Conditions F.1 - F.4 Scope of Contracts G.1 only 6.1.3. The Specifications are those contained in the Project Manual dated as in Subparagraph 6.1.2, and arc as follows: (Eother list the Specifications here or refer lo an exhibit allotted to this Agreement) Section Title Pages 01000 General Requirements • 1 - 2 02060 Building Demolition 1 - 4 MA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR NGREEMENT • NINTH EDITION • AM* • 42 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 200n6 A107-1987 4 • • tiz• 6.1.4 The Drawings are as follows, and are dated /Either list the Drawings here or refer to an exhibit attached to ibis Agreement) Number 1 • 6.1.5 T?c Addenda, if any, are aS follows: Number aide unless a different date is shown below: Date Property & Topographic Survey October 1987 Building Demolition January 10, 1989' • Date Pages 1 January 30, 1989 Portions of Addenda relating to biddirig requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 6. 6.1.6 0(tiler documents, if any, forming part of the Contract Documents are as follows: (List any dada/mud clocurnen aticb an, intended to Jinn part oi :be Contract D00111791/”.) None. AIA DOCUMENT A107 • ABBREVIATED OV NER-CONTRACTOR AGREEMENT • NINTH EDITION • Ale • DI987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W. AN'ASHINGTON. D.C. 20006 A107-1987 5 • GENERAL CONDITIONS ARTICLE 7 CONTRACT DOCUMENTS 7.1 The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, addenda issued prior to the execution of this Agreement, other documents fisted in this Agreement and Modifications issued after execution of this Agreement. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as bind- ing as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 7.2 The Contract Documents shall not he construed to create a contractual relationship of any kind (I) between the Architect and Contractor, (2) between the Owner and 2 Subcontractor or Sub -subcontractor or (3) between any persons or entities other than the Owner and Contractor. 7.3 Execution of the Contract by the Contractor is a represen- tation that the Contractor has visited the site and become famil- iar with the local conditions under which the Work is to be performed. 7.4 The term "Work" mans the construction and services required by the Contract Documents, whether completed or paniafiy completed, and includes all other labor materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the Whole Or 2 pan of the PrOjECI. ARTICLE 8 OWNER 6.1 The Owner shall furnish surveys and a legal description of the site. 8.2 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and ray for necessary approvals, CISCITIOUS, assessments and charges required for the construction, use or occupancy of permanent structures or permanent changes in existing facilities. If the Contractor fails to correct Work whicb is not in accordance with the requirements of the Contract Documents or persistently faiLs to carry out the Work in accordance with the Contract Documents, the Owner, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated: however, the right of the Owner to stop the Work shall not give rise to a duty on the pan of the Owner to exercise this right for the benefit of the Contractor or any other person or er tity. ARTICLE 9 CONTRACTOR 9.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and For coordinating all portions of the Work under the Contract, unless Contract Documents give other specific instructions concerning these matters. 9.2 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 9.4 The Contractor warrants to the Owner and Architect that materials and equipman furnished under the Contract will bc of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 9.5 Unless otherwise provided in the Contract Documents, the Contractor shall pay SIKES, consumer, use, and other similar taxes which arc legally enacted when bids are received or nego- tiations concluded, whether or [nit yet effective or merely scheduled to go into effect, and shall secure and pay for the building permit and other perniits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. 9.6 The Contractor shall comply with and give notices required by i2WS, ordinances, rules. regulations, and lawful orders of public authorities bearing on performance of the Work. The Contractor shall promptly notify the Architect and Owner if the Drawings and Specifications are observed by the Contractor to be at variance therewith. 9.7 The Contractor shall be responsible to the Owner for the WU and omissions of the Contractor's employees, Subcontrac- tors and their agents and employees, and other persons per forming portions of the Work under a contract with the Contractor. MA DOCUIAENT A107 • ABBREVIATED OWNER-CONTRACrORAGREEMENT • NINTH EDITION • AIA • • €.11987 IMF AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEC YORK AVENUE, NW., WASHINGTON. DC, 20006 A107-1987 6 • fl 9.8 The Contractor shall review, approve and submit to thc, Architect Shop Drawings, Product Data, Samples and similar 'submi tals required by the Contract Documents with reason- able promptness. The Work shall be in accordanteiawith , approved submittals. When professional cenificationfirkr-': formancc criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to • rely upon the accuracy and completeness of such certifications. 9.9 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project • wane malcrialS, rubbish, the Contractor's -tools; construction equipment, machinery and surplus materials. 9.10 The Contractor shall provide the Owner and Architect aCCeSS to thc Work in preparation and progress wherever located. 9.11 The Contractor shall pay all royalties and license fees; shall defend suits or claims for infringement of patent rights and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for such defense :or loss when a panicular design, process or product of a particular manufac- turer or manufacturers is required by thc Contract Documents unless the Contractor has reason to believe that there is an infringement of ,patent. ' 9.12 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- • tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing bu not limited to attorneys' fees, arising out 0( 07 resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) ncluding loss of use resulting --,TlyfthereftOrn;biir creili to the extent caused in whole or in pan by negligent WES or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts. they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obllgadon shall not be construed , to negate, abridge, or reduce other rights or obligations . of idemn ty which would otherwise exist as to i party or person described in this Paragraph 9.12. 9.12.1 ln claims against any person or entity indemnified under this, Paragraph 9.12 by an employee of the Contractor, a • Subcontractor, anyone directly or indirectly employed by them or anyone fOrwhose acts they may be liable, the indemnifica- tion obligation under this Paragraph 9.12 shall not be limited by a limitation on amount or type of damages, compensation or benefit's payable by or for the Contractor or 2 Subcontractor . under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. • 9.12.2 The:obligations of the Contnictor under thisParagraph 9.12 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, repons, surveys, Change Orders, Construction Change Directives, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them Provided such giving or failure to give is the primary (MUSIC 6f the injury or damage. 1 7 A107 -1987 - ARTICLE 10 ADMINISTRATION OF THE CONTRACT t!' :t4g<. 10.1 The Architecewill provide administration of the Contract and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concur- rence, from time to time during the correction period described in Paragraph 18.1 10.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of thc Work and will endeavor to " guard the Owner against defects and deficiencies in the Work. 10.3 The Architect will not have control over or charge of and will not be responsible for construction means, Methods, tech- niques, sequences or procedures, orfor safety precautions and prognuns in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraphs 9.1 and 16.1. The Architect will not be responsible for the Contrac- tor's failure to carry out the Work in accordance with the Con- tract Documents. 10.4 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment,. the Architect will review and certify the amounts due the Contractor and will issue C.enificates for Payment in such amounts. 10.5 The Architect will interpret and decide matters conccm- ing performance under and requirements of the Contract Docu- ments on written request of either the Owner or Contractor. The Architect will make initial decisions on all claims, disputes or other matters in question between the Owner and Contrac- tor, but will not be liable for results of any interpretations or decisions rendered in good faith. The Architect s decisions in 2712IterS relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. All other deci- sions of the Architect, except those which have been waived by making or acceptance of final payment, shall be subject to arbitration upon the written demand of either party. 10.6 The Architect will have authority to reject Work which does not conform to thc Contract Documents. 10.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in. thc COntract Documents. 10.8 All claims or disputes between the Contractor and the Owner arising out or relating to the Contract, or the breach thereof, sh4 be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbi- tration Association currently in effect unless the parties mutu- ally agree otherwise and subject to an initial presentation of the claim or dispute to the Architect as required under Paragraph 10.5. Notice of the demand for arbitration shall be filed in writ- ing with the other party to this Agreement and with the Ameri- can Arbitration Association and shall be made within a reason- able time after the dispute has arisen. The award rendered by AIA DOCtIMENT A107 • ABBREviATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AM. • 01507 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, KW.. WASHINGTON, D.C. 20006 the arbitrator or arbitrators shall be final, and judgment may be -entered upon it in accordance with applicable bet in any court . having jurisdiction thereof. Except by written consent of the person or entity sought to be joined, no arbitration arisarg out of or relating to the Contract Documents shall include, by con- solidation. joinder or in any other manner, any person or entity not a party to the Agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of fact or law, (2) the presence of such per- son or entity is required if complete relief is to be accorded in the arbitration, (3) the interest or responsibility of such person or entity in the nutter is not insub.stantial and (4) such person of entity is not the Architect or any of the Architect's empkiyers or consultants. The agreement herein among the panit-s to the Agreenwnt and any other written agreement to arbitrate referral to herein shall be specifiodly enfor:eable under applicable law in any court having jurisdiction thereof. ARTICLE 11 SUBCONTRACTS 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a ponion of the Work at the site. 11.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as praaicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the Subcontractors kw each of the principal poniOns of the Work. The Contractor shall not contrail with any Subctwuractor to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has mock reasonable objection. Con- tracts between the Contract* and Subcontractors shall (I) requin: each Subcontractor, to the extent of tht Work to be performed by the Subcontract, to be bound to the Contrac- tor by the terms of the Contract Documents, and to assume toward the Contract* all ttliej obligations and responsibilities which the Contractor. by t , Contract Documents, aSSWITICS 10%Vard the Owner and Architect, and (2) allow to the Subcon- tractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Docwnents. 1 ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 12:1 1114: Owncr resenes the right to perform construction or operations related to the Project with the Owner's own foriaz, and to award beim-ate contracts in connection with other par- tials of the PnWeet or other construction ar operations twiny site under conditions of the amino I/tentacle or substantially similar to these. lactating thaw punkin.% related to insurance and waiver of subrogation. If the Contractor cbims that deby or additional COM is involved because of such action by the Owner. the Contr.vctor shall snake such ctaim as pnwided else- where in the Comma Documents, 12.2 The Contractor shall afford the Owner and separate con- tractors reasonabie opponunity for the introduction and stor- age of their materials and equipment and performance of their activities. and shall connect and coordinate the Contractor's const ructii in and operations with theirs as n:quired by the Con- trkt Documents. 1.3 Coms (aused by dclayb, imploperly tuned activities or defective construction shall be borne by the party responsible therefor. ARTICLE 13 CHANGES IN THE WORK 13.1 The Owner, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or niocli- fications, the Contract Sum and Contract Tune being adjusted accordingly. Such changes in the Work shall he authorized by written Change Order signed by the Owner, Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect. 13.2 The Contract Sum and Contract Time skill be changed only by Change Order. 13.3 The cost or credit to the Owner from a change in the Work shall he determined by mutual agreenwm. ARTICLE 14 TIME 14.1 Time limits stated in the Contract Documents are of dic essence of the Contract. By executing the Agreenwrit the Con tractor confirms that thc Contract Time is a reasonable perixl For performing the Work. 14.2 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 15.3. 14.9 If the Omtractor is clebyed at any time in progress of the Work by changes ordered in the Work, by Labor disputes, lire, unusual deby in deliveries, :abnormal adverse weather condi- tions not reasonably anticipatable, unavoidable casualties or any OHMS beyond the Contractors control, or by other CaUSCS which the Architect cktennines inay justify dtkiy, then thr Contract Time shall be extended by Change Order kir such rea- sonable lime as the ArdUtect may determine. ARTICLE 15 PAYMENTS AND COMPLETKIN • 15.1 Payments shall be made as provided in Anicka 4 and 5 of this Agreement. 15.2 Payments may be withheld on account of (I) detective Work not remedied. (2) claims filed by third parties, (A) failure of the Contractor to nuke payments properly to Subcontrac- tors or for tabor. materids or equipment, (4) reesonable eve - Jerky HUI the work cannot he compkied kw the unpaid hat ance of the Contract Sum, (5) damage to the Owner or another contractor, (6) reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid tut - ante would not he adequate to cover aural or liquid:nal dam agia for the anticipated delay, or (7) persistent failure hi Cary OUI the Work in accordance with the Contract lkwuments. 15.3 Whim the An-hitect agrob that the Work is substanden complete, the ArChlICCI Will ISSUC a Certificate of Substantial Completion. • 15.4 Final payment shall not become due until the CAHRDICIOf has delivered to the Owner a complete release of all hens arising out of this Contract or rectipu in hill covering all kabor, flute - rids and equipment for which a lien coukl he feed, or a bond satisfactory to the Owner to indemnify the Owner against such AIADOC&JMENTA1O7 • AMWEVIATED OWNEK-CONTRACIOM AGREEMENT • NINTH EDITION•AIA4 • Cj9n7 THE. AMERICAN INSTITUTE. OF ARCHITE(Ts. 173S NEW YORK AVENUE. N.W. WASHINGTON. DC. :01106 A107-1987 8 • lien If such lien remains unsatisfied after payments are made, thelContractor shall refund to the Owner all -money that the Owner may be compelled to pay in dischargingistich lien, including all costs and reasonable attorneyslees. 15.5 The making of final payment shall constitute a waiver of claiins by the Owner except those arising from: . 1 liens. claims, security interests or encumbrances aris- ing out of the Contract and unsettled; . 2 failure of thc Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. Acceptance of final payment by the Contractor, a Subcontrac- tor or material supplier shall constitute a waiver of claims by that. payee except those previously made in writing and identi- fied' by that payee as. unsettled at the time of final Application ; - for Payment. ARTICLE .16 PROTECTION OF PERSONS'AND PROPERTY 16.1 The Contractor shall he responsible for initiating, main- taining, and supervising all safety precautions and programs in connection with the performance of the Contract. The Con- tractor shall take reasonable precautions for safety of, and shall pa vide reasonable protection to prevent darnage, injury or loss to: . 1 employees on the Work and other persons who may be affected thereby; . 2 the Work and materials and equipment to be incor- porated therein; and . 3 other property at the siteor adjacent thereto. ' The Contractor shall give notices and comply with applicable lawts, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons and property and their proltection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property at the site caused in whole or in part by the Contractor, a Subcontractor, a Suti-subcontractor, or anyone directly or indirectly employed bvIany of them. or by anyone for whose acN they may be liable and for which the Contractor is responsible under Subpara- graphs 16.1.2 and 16.1.3, except for damage or loss attributable to :ins or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault •or negligence of the Contractor. The foregoing obliga- • tions (if the Contractor are in addition to the Contractor's chil- i gations under Paragraph 9.12. 1612 The Contractor shall not he required to perform without consent, ani. Work relating to asbestos or polychlorinated bipihenyl (PCB), a ARTICLE 17 INSURANCE 17.1 The Contractor shall purchase from and maintain in a company -or companies lawfully authorized to do business in the, jurisdiction in which the Project is located insurance for protection from claims under workers' or workmen's compen- sation acts and other employee benefit acts which are applic- able, claims for damages because of bodily injury, including death, and from claims for damages, other than to the Work f. 9 itself, to property which may arise out of or result from the Contractor's operations under the Contract, whether such operations ticx.the Contractor or by a Subcontractor or any- one directlytr indirectly employed by any of them. This insur- ance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insur- ance applicable to the Contractor's obligations under. Paragraph 9.12. Certificates of such insurance shall be fileth with the Owner prior to the commencement of the Work. 17.2 The Owner shall be responsible for purchasing and main- taining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's v insurance unless specifically required by the Contract Documents. 7.2 UnIrsis pr i witted the Owner dial' ptirelro• a maintain, in a company or companies lawfully atilluiriz 1 to o business in the jurisdiction in which the Proje is loot •, property insurance upon the entire Work at the - te to the ful 'nsurable value thereof. This insurance shall be 0 an all- risk p h.v form and shall include interests of the 0 ner, the Contract() Subcontractors and Sub -subcontract rs in the Work and s all insure against the perils of fire • d extended coverage and hysical loss or damage including .ithoin dupli- cation of cove , theft, vandalism and mali ()us mischief. 17.4 A loss insu under Owner's prope insurance shall be adjusted with the 0 ner and made pay le to the Owner as fiduciay for the insu as their inter s may appear, subject to the requirements of y applicabh ortgagee clause. 17.5 The Owner shall file copy each policy with the Con- tractor before an exposure t. los may occur. Each policy shall contain a provision that the .licy will not be cancelled or allowed to expire until at leas i days' prior writterinotice has been given to the Contract 17.6 The Owner and C tractor w ve all rights against each other and the Archite , Architect's c sultants, separate con- tractors described in nide 12, if any, any of their subcon- tractors, sub-subco ractors, agents and - ployees. for dani- ages caused by f e or other perils to thetent covered by property insu e obtained pursuant to this rticle 17 or .anv other propert insurance applicable to the Wi except such rights as the may have to the proceeds of such i surance held by the Ow er as fiduciary% The Contractor shall re ire similar -.waivers favor of the'Owner and the Contractor b Subcon- tractor and Sub -subcontractors. The Owner shall requ c simi- lar w vers in favor of the Owner and Contractor by the rchi- tec Architect's consultants, separate contractors desert& in tele 12, if any, and the subcontractors. sub-subcontracti gene and employee.; of any of them. ARTICLE 18 CORRECTION OF WORK 18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Sub- stantial Completion and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one year from the date of SUbuintial Com - AIA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • MA a' • ©1987 A107-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, I735 NEW YORE AVENUE, N.W., WASHINGTON, D.C. 20006 Met ion of the Contract or by terms of an applicabk- special war- rantv required by the Contract Documents. The provisions of this Article 18 apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor. 18.2 Nothing contained in this Anicle 18 shall IX construed to estabhsh a period of limitation with respect to other obligations which the Contractor might have tinder the Contract Docu- ments. Establishment of the time period of one yr.ar as described in Par.agraph 18.1 relates only to the specific °Nip - k in of the Contractor to correct the Work, and has no reknit m - ship to the time within which the obligaikm to et imply with the Contract Documents May he sought to he enforced. nor tti the time within which proceedings may be comma:reed to estab- lish the Contractor's liability with respect to the Contractors obligations other than specifically tti correct the 'Work. ARTICLE 19 MISCELLANEOUS PROVISIONS 19.1 The r:ontract shall he governed bv the laV of The place where the Project is located. 19.2 As between the Owner and the Contractor, any appli- cable statute of limitations shall commence 10 run and any alleged cau.se of action shall he deemed to have Accrued: .1 not Liter than the date of Substantial Completion for acts or failures to act occurring prior to the relevant date of Substantial Completion; . 2 not later than the date of issuance of th: final Certifi- cate for Payment for WES or failures to act occurring subsequent to the relevant date of Substantial Com- pletion and prior to issuance of the final .Zenificate for Payment; and . 3 not later than the date of the relevant act or failure to act by the C.ontractor for acts or failures to act occur- ring after the date of the final Certificate for Payment. ARTICLE 20 TERMINATION OF THE CONTRACT 20.1 111hc Architect tails to rect tminent.1 pavilicill It 11 a Dent AI titO N hrough no fault of I lie Contractor, lir if I he ( )MAKI' lails it Make pavillent Iheroin for pent kl I of 30 kkivs. t he CA in - track': ma), tipt in seven Attritional tins. v;roten na nice 10 the t 1w ner and Ille A fellil eel 0.1111111:11c the 1101raCt .01(1 reCoVer lit 011 Ilie )‘‘ ner payment It ir c rk executet.1 and It pr. if-ett It Ns with respect Ili materials. equipment. to4 ils. arkl construc- t it Hi egkitpilient Iid Maki isi ler v. 111c1ut 10 ig ream profit -.Bid damages applicalile to thc Pit leo. • 20.2 I the intractor defaults or tier.istently fails or neglects lo Earn' out the Work in accordance with the Contract Ihx-u- menu. tir fails to perffirm a ployision of the Contract. the Owner, after WVCIl days. Written notice to the Contracuir and without prejudice to any other remedy the Owner may haw, may make gaxxl such deficiencies and may dedua the cost therei ,f. including cc mmensation for the Architect's services and expenses made necessary thereby, from the payment then or thereafter due the Contractor. Alternatively, at the Owner's optiofl. and upon certification by the Architect that sufficient cause exists to justify such action. the Owner May terminate the Contract and take possession of the site and of all materials, equipment. tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds costs of finishing the Work. including compensation for the Architect's SerViCei and expenses made necessary therehy. such excess shall be paid to the Contractor, hut if such costs exceed such unpaid balance. the Contractor SI1211 pav the difference to thc Owner. MA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AIA• • 4t1 196 - THE AMERICAN INSTITUTE OF ARCHITECTS. I -13S NE % YORK AVENUE. NW , WASHINGTON. D.C. 20006 A107-1987 10 • • ARTICLE21 OTHERCONDITIONSORPROVISIONS • Oti '4 • None APPROVED This Agreement entered into as of the day and year first written above. (Printed name and ritle) OWNER CITY 0 FAYETTEVILLE, AR &gig; ilteg0/ (Sigtualure) William V./Martin, mayor (Printed name and title) APPROVED OFFICE OF FACILITIES PLANNING MD CONSTRUCTION tINIVERSITY0E AR sr ow, CONTRACTOR JIMMY A. PATTON CONTRACTOR, INC. (Stetuaure) Gene.) P denr-1 . (mm inted nae and title) MA DOCUMENT A107 • ABBREVIATED 0 WNER-CONTRACTOR AGREEMENT • NINTH EDITION • AlKs • K, 19H A107-1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 173S NEW YORK AVENUE, NW., WASHINGTON. 1)1 201E16 10/87 ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND We, JIMMY A. PATTON CONTRACTOR, INC., Little Rock, Arkansas• as Principal, hereinafter called Principal, and Employer's Mutual Casualty Company. as Surety, hereinafter called Surety, are held and firmly bound unto THE UNIVERSITY OF ARKANSAS, FAYETTEVILLE, ARKANSAS, AND THE CITY OF FAYETTEVILLE, ARKANSAS, c/o UofA/City of Fayetteville Arts Center Council, Fayetteville, Arkansas, as Obligee, hereinafter called Owner, in the amount of Fifty -Six Thousand and 00/100 Dollars ($58,000.00), for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated February 24, 1989, entered into a contract with Owner for Building Demolition at the Walton Arts Center Site, Fayetteville, Arkansas, in accordance with drawings and specifications prepared by Mott Mobley McGowan & Griffin, P.A444,5 Architects, which contract is by reference made a part hereof, anil hereinafter referred to as the Contract. c) THE CONDITION OF THIS OBLIGATION is such that if the Principal rwhill faithfully perform the Contract on his part and shall fully ind-;P-nify -0 -4 and save harmless the Owner from all cost and damage which 1K suffer by reason of failure so to do and shall fully reimburse candco c43 repay the Owner all outlay and expense which the Owner may incuein 73 • making good any such default, and, further, that if the Principal sE'allt cr' pay all persons all indebtedness for labor or materials furnished or performed under said Contract failing which such persons shall have a direct right of action against the Principal and Surety, jointly and severally, under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond after twelve months from the date final payment is made on the Contract, except by the Owner. CO Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forebearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and Surety or Sureties, or either or any of them, their heirs, personal representa- tives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forebear- ance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. This Bond is executed pursuant to the terms of Act 351 of 1953 of the Arkansas Legislature, as amended by Act 209 of 1957 of the Arkansas Legislature. Executed on this _ day of MA -Lk , 1989. Jimmy A. Princirat md,eComiN.r.. ••• • -1 <4 • P'Pt, A Patton Contractor 1.4.: "6"626-k4 lit5V4Iftv,e;i13 crtif" Byke---44-9---) Employer's Surety By Attorney -in - Martha Jones P.T2 <4.66•9). Mutual Casualty Company • -4?-4zed.. Z act EmployeriMutual Companies P. 0. Box 712 Des Mpines, Iowa 50303 CERTIFICATE OF AUTHORITY IN ATTORNEY-IN-FACT Notice: The warning elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that: Emp oyers Mutual Casualty Company, an Iowa Corporation Illinois Emcasco Insurance Company, an Illinois Corporation Emcasco Insurance Company, an Iowa Corporation Dakota Fire Insurance Company, a North Dakota Corporation Union Mutual Insurance Company of Providence, American Liberty Insurance Company, an Alabama Corporation a Rhode Island Corporation hereinafter referred to severally as "Company" and collectively as "'Companies", each does, by these presents, make, constitute and appoint: R. R. STRINGER, ROBERT PUGH, MARTHA JONES, INDIVIDUALLY, LITTLE ROCK, ARKANSAS its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN AN AMOUNT NOT EXCEEDING ONE HUNDRED THOUSAND DOLLARS and o bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authar439gif1g9spof %pi such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1 1990 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY -a • This ower:of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at meetings duly called and held on Mardi -97983. / 1:4\;-1- RESOLVEDIThe Chairman of the Board of/DirectorsrthrPrelidentranyeVice:President, the-Trearer and the Secretary shall have power and / .// /- / /• t .." ./ ...-/- 7/ •/- ; - / / authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of the Company and attach the seal of the Company thereto, / /,..--:---- / i 1 / // ,// =.-. • I bonds and undertakings, recognizances,/ contracts of indemnity and other/ writings obligatory. in the nature thereof, and (2) to remove any such , /,4/ .,/ •-. / attorney-in-fact at any time and revoke the power and authority given to him. Attorneys -in -fact shall haveipower and authority, subject to the terms 1 • and imitations of the power of attorney issuett.to-them41. o exectItetandkleiliverfori begalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizancest-contrScts of indemnitypnVother writings obligatory in the nature thereof. and any such 1 • ..- / / ) • • : ‘k .. • de / 1 • 1/ 1 .1 1 f • ' - 1 i 1 instrument executed by any such attorney-in-fact shall be-fullwand in,all respects binding -upon the Company. Certification as to the validity of any 4............--/ ..:‘_.-- ar......-- .4_ - %... .,...... ../ power of attorney authorized herein/made by an officer of Employers.Mutual Casualty Company shall be fully and in all respects binding upon this company. The facsimile or mechanically reproduced signature of Such officer whether madetheretofore or hereafter, wherever appearing upon a .....- certi ied copy of any power-of-attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed. e id A . ..le 0 - • ON.' IN WITNESS WHEREOF, The Companies have caused these presents to be signed for Corporate seals to be hereto affixed this — 2sihy day of Fehr uar y WARNING: This power invalid if red diagonal imprint "Employers Mutual C _.- -,..... the officers and notary public.danot appear in blue, and if the "EMC" w . ,.,...& Seais iNsug • ,,, f e *I. -o 0. SEAL 11 11 or r> SEAL := . . .., . . . * . ., ' ,,,,,,,, •• iow* . rt..1 KRISTIE L TYLER * MY COMMISSION WIRES ass /0 1(9 each by their Chairman and Assistant Secretary, and the , 19 87 nies- is not present in its entirety, and if the signatures of t appear in the top half center of the page. 117 Dan di, Robb B. Kelley John M. Van Sloun Chairman Assistant Secretary on this 25th day of February AD 1937 before me a Notary Public in and for Polk County, Iowa, personally appeared Robb B. Kelley and John M. Van Sloun, who being by me duly sworn. did say that they are, and are known to me to be the Chairman and Assistant Secretary, respectively, of each of The Companies above: that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of The Companies by authority of their respective Boards of Directors; and that the said Robb B. Kelley and John M. Van Sloun acknowledge the execution of said instrument to be the voluntary act and deed of each of The Companies. My Commission Expires October 2, 1989 NotantPublic g-feA- CERTIFICATE I Richard E. Haskins of the Employers Mutual Casualty Company, do hereby certify that the foregoing resolution of the Boards of Directors by each of The Companies, and this Power of Attorney issued pursuant thereto on February 2 1Q87 on behalf of R. R. STringer, Robert Pugh, Martha Jones are true and correct and are still in full force and effect. bet tinony Where f I have subscribed mand affixed the facsimile Seal of each Company this ,19..>(7.day of Fo-m /832 Fourth Reprint Vice -President • ACORD INSURANCE BINDER ISSUE DATE iNNIDD/YY) 02/27/89 THIS.B1NDER ISA TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FUN. PRODUCER f ] Roy N. Borden Agency 300 S. Rodney Parham, Suite 16 P.O. Box 56280 Little Rocl, AR 12215 501-225-6465 CODE • SUB -CODE INSURED UNIVERSITY PF ARKANSAS CITY OF FAYETTEVILLE AR C/O U OF A/CITY OF FAYETTE- ILLE ARTS CENTER COUNCIL FAYETTEVILLE, AR., COMPANY SCOTTSDALE INSURANCE COMPANY 1 INDER NO. DATE EFFECTIVE EXPIRATION TIME DATE 02/27/89 I I 10:00 CX3 AM 1 i 1 i 1 TME 06/30/89 [ 312:01 AM IX] Noon I THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED I COMPANY PER EXPIRING POLICY NO.: DESCRIPTION OF OPERATION/VEHICLES/PROPERTY (INCLUDING LOCATION) DEMOLITION OF BUILDINGS WALTON ARTS CENTER SITE FAYETTEVILLE, AR. ADDITIONAL INSURED IS MOTT MOBLEY MCGOWAN & GRIFFIN, P.A. 302 NORTH 6111 ST. FORT SMITH AR ARCHITECTS COVERAGES ALL LIABILITY LIMITS IN THOUSANDS TYPE OF INSURANCE 1 PROPERTY CAUSES OF LOSS I II ] BASIC I, I BROAD t ] SPECIAL If COVERAGES/FORMS If I I GENERAL LIABILITY If ] COMMERCECIL GENERAL LIABILITY ; OWNERS PROTECTIVE ON DEMOLITION OF IC IC ] CLAIMS MADE t I OCCURRENCE! WALTON ARTS CENTER SITE IIX) OWNERS & CONTRACTORS PROTECT.: if I 1 If ] I RETRO DATE FOR CLAIMS MADE: 4 BLDGS AT : AUTOMOBILE If l ALL VEHICLES f 3 SCHEDULED VEHICLES If ] LIABILITY :[ ] NON/OWNED If I HIRED IE I GARAGE If ] 1 1 ': AUTO PHYSLCAL DAMAGE f I ALL VEHICLES [ ] SCHEDULED VEHICLES If ] COLLISION DED: If l OTC DED: I EXCESS LIABILITY IC ] UMBRELLA FORM If ] OTHER THAN UMBRELLA FORM RETRO DATE FOR'CLAINS MADE: : WORKERSCOMPENSATION AND 1 : EMPLOYERS' LIABILITY • AMOUNT DEDUCTIBLE :COINSURANCE 1 1 1 1 GENERAL AGGREGATE 3500 PRODUCTS-COMP/OPS AGS. 1$ PERSONAL & AD. INJURY 1$ EACH OCCURRENCE 1$500 FIRE DAMAGUANY ONE FIRE11$ MEDICAL EXPIANY ONE PERMS ESL :$ RI PERS/ACCID 1$ PD - :$ MED. PAY IS PIP :$ UN 1$ I I ACV I ] STATED AMOUNT [ I OTHER EACH AGGREGATE :SELF-INSURED OCCURRENCE 1 RETENTION STATUTORY (EACH ACCIDENT) (DISEASE POLICY LIMIT; (DISEASE EACH EMI.) SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES a NAME 1 I AEORD 75-5 & ADDRESS f I MORTGAGEE I 3 LOSS PAYEE [ ] ADDITIONAL INSURED f LOAN 1 AUTHORITED REPRESENTATIVE ACORD • CERTIFICATE OF 'fiNirlURANCE , PRODUCER Roy N. Borden Agency 300 S. Rodney Parham, Suite 16: P.O. Box 56280 Litt e Rock, AR 72215 501-225-6465 INSURED JIMMY A PATTON CONTRACTOR, INC 10900 ARCH STREET PIKE ISSUE DATE IMM(DD/YY) 02/27/89 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED DT THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY TRI-STATE INSURANCE COMPANY LETTER A COMPANY SCOTTSDALE INSURANCE COMPANY LETTER B AGENCY MANAGEMENT CORP. COMPANY COMMERCIAL UNION INSURANCE CO.. LETTER C LITTLE ROCK, AR., 72207 COMPANY LETTER D 1 COMPANY t LETTER E COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY: REDUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT FICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COJ LTR' TYPE OF INSURANCE POLICY NUMBER B t GENERAL LIABILITY tGLS 232-414 :En COMMERCIAL GENERAL LIABILITY : :I II I CLAIMS MADE HI OCCURRENCE: 11 I OWNER'S & CONTRACTORS PROTECT: 1E I ir 11 I A ! AUTOMOBILE LIABILITY MI ANY AUTO 1( ALL OWNED AUTOS II SCHEDULED AUTOS :Ell HIRED AUTOS 1110 NON -OWNED AUTOS I GARAGE LIABILITY I C :sEXCESS LIABILITY 11 OTHER THAN UMBRELLA FORM WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY OTHER 1 5 1 A473439 CEI4519057 , !POLICY EFFECTIVE:POLICY EXPIRATION : DATE 01M/DD/YY): DATE 101/DDAY) 02/27/89 1 • 1 1 04/16/88 04/16/87 ALL LIMITS IN THOUSANDS 06/30189 :GENERAL AGGREGATE $500 :PROD COMP/0PS AGGR $500 :PERSONAL & ADV INJURY $500 !EACH OCCURRENCE $5000 :FIRE DAMAGEONE FIRE) $ :MEDICAL EXPO PERSON) 05/31/88 05)31/89 CSL $500 BODILY INJURY (PER PERSON) BODILY INJURY PER ACCIDENT) PROPERTY DAMAGE EACH OCCURRENCE 1 AGGREGATE :$ STATUTORY $100 $500 $100 (EACH ACCIDENT) :DISEASE P0L1 :DISEASE EACH UPI DESCRIPTION OF OPERATIONS/LOCATIONSHEHICLESIRESTRICTIONS/SPECIAL ITEMS JOB: WALTON ARTS CENTER SITE, FAYETTEVILLE, R. CERTIFICATE -HOLDER UNIVERSITY OF ARKANSAS , CITY OF FAYETTEVILLE, AR., C/O U OF A/CITY OF FAYETTEVILLE ARTS ET 240 NORTH BLOCK :CANCELLATION !SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RE CANCELLED BEFORE :THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR :TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED1 :TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO : :OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS t :AGENTS OR REPRESENTATIVES. 1 1 THORIIED ENTAT row/ ACORD 25-5 (11/85) REPRES TYS0d0Nd 3 Anunaas aig 12: in 1.4 R Ln fl* 0op 0 0 co a tri to 00 003 H. 0 0 1 to 0.1 0 I< CI al 0 M 4C0 / 11 9 Z H • C H rt . Z G 0 F-1 000 1Z 40nPaa n 4./1 I< Z Mi • * '...1 ID DI 01 4 CO a M rt • OD H. i 1/40 0 (7) 0 ul 0 zo F-1 ID 4. 0 NOI.I.311)1IS cn Cn 00 CF -3I g cr) 1 Z -01 PC • Fli 01 ril * CI 10 H 0 H. dP Z CO Fa -4 En I.1 H cO 0" txt H. . (.0 Er P.21 i g 01 0 • P., a 4 S N) ID1. to o 0 X Z oi 0 a HI .1 0 it Ci) 0 0 I-1 pi Z 0 -ca. pJ -Ca in flN) H r Z in it t.) ID . I-1 ID cn 1 I 3 7 oa 0 Li CO rt 2H ---- C.0 i-• • G • • 7 1 0 0 0 0 to co I H 0, 5 in L.) 0 0" 0 03 0 rt 0 0 rD ko co CI p-• Its H 0 '0 -0) 0 PV 0 OFI-, Du 000)''a 5 -• NJ 5 ll ro 5 su k< 0 ' X co o ED H _ ••-3 N 0 ID M (D ___C ---G. ii---2ri.-E--n t -MD: 7...riarin" 01->e Z I-- -FrOl En ro DJ 0 1-1 frt ▪ t p) it H. rt rr rr rt 5 • rl 1-4 0_ (D at 0 Z 0 li 0 1:11 . . 010 H 0 r0 7 H dP 0 Co • C1J H rt P.C Z co En 00 - H CD H- - PM H Cn H Ort 0 CL. rt 0. rt Po E 1-1 0 rt in 0 CI 0 0 DJ frl, II 0 n tn a) O 0 0 H H 7' 11 X H La CD 5 7 0 01 CIL 0 Z 70 •tr £ n O rt CD P . , -ti5 Q. •< LA CD (D 0 7 -PURCHASE ORDER ..:.. a UNIVERSITY OF ARKANSAS 1 UP Fayetteville, Arkansas VENDOR INSTRUCTIONS , 1) Mark all packages and freight documents with Purchase Order No. and address exactly as shown in the SHIP TO instructions. 2) Do not insure shipment at our expense unless instructed by us. 3) Ship prepaid F.O.B. destination and add to invoice 4) MAIL INVOICE IN FOUR COPIES „........_ _ ._. _. _ • JIMMY A PATTON CONTRACTOR, INC 11900 Arch Street Pike Little Rock, AR 72203 INVOIdE MbST SHOiV SHIP TO ADDRESS ir P.O. NUMBER University of Arkansas Accounts Payable Division 317 Administration Bldg. Fayetteville, AR 72701 Item No. V c.o.' Description Department 930760 No. PLANT FUNDS Company/Center Number: 0702 90005 00 0000 Company Department Function Project WALTON ARTS CENTER MOF 80153 Center Name 28,000 N. Total Price $ At/ n rnelo • MAR 2 0 198g 80571600 ' Date University of Arkansas PROPERTY ACCOUNTING lb ADMN 305 FAYETTEVILLE, AR 72701 Quantity Unit Price Total 1 Building Demolition at the Walton Arts Center Site Fayetteville, AR (Jointly funded by City of Fayetteville, this purchase order reflects the UA's 50% portion of the contract) For inquiries regarding this order, phbne 15011575:2551. 8:00 to 4:30 M -F MOF 80153 Char Code 05 r The University of Arkansas IS an equal opportunity/affirmative. tblicin.lnifflottoit s r. • State of Arkansas Federal Excise Tax #71-76-0065-K 28,000.00 THE UNIVERSITY OF ARKANSAS IS NOT EXEMPT FROM SALES/USE TAX (except those items specifically exempted by State law) Authorized Official .44%4