HomeMy WebLinkAbout215-91 RESOLUTION•
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RESOLUTION NO. 915-91
A RESOLUTION AWARDING BID 91-63 TO GALVA-FOAM
INDUSTRIES FOR 16 PREFABRICATED BOAT SLIPS AT
LAKE FAYETTEVILLE AND APPROVAL OF A BUDGET
ADJUSTMENT.
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 execute a contract in the amount of
$31,442.00 with Galva -Foam Industries for 16 prefabricated boat
slips at Lake Fayetteville boat dock. A copy of the contract
authorized for execution hereby is attached hereto marked Exhibit
"A" and made a part hereof.
Section 2. The Board of Directors hereby approves a budget
adjustment in the amount $1,700.00 from the Miscellaneous Park
Improvement Sales Tax Bond Fund, Acct. No. 447-947-5-806.00, ST 91-
004 -PK 104. A copy of the budget adjustment form approved is
attached hereto and made a part herof.
PASSED AND APPROVED this 3rd day of December , 1991.
APPROVED:
By
ATTEST:
By
J P N.
•
Mayor
•
CITY OF FAYETTEVILLE, ARKANSAS
IN -YEAR BUDGET ADJUSTMENT
ADJUSTMENT #
BUDGET YEAR
1991
DEPT: Public Works
DIV : Parks & Recreat
PROG: Lake Recreation
DATE REQUESTED
ion 11/13/91
PROJECT OR ITEM REQUESTED:
Bid award #91-63 for 16 prefabricated boat slips
at Lake Fayetteville Boat Dock. This project
is $1,700;short-of funding.
CIP Project #ST 91 -002 -PK #02
JUSTIFICATION OF THIS INCREASE
This is a CIP project that has been needed
for the past 10 years. The increase is needed
for the bid to be awarded.
PROJECT OR ITEM DELETED:
None. It is projected that there will be a
completion balance of $1,943. from the Lake
Fayetteville Softball Parking Lot project
#ST 91 -004 -PK #04.
JUSTIFICATION OF THIS DECREASE
Funds are remaining from this project to offset
the Boat Dock Addition at Lake Fayetteville.
INCREASE
ACCOUNT TITLE Miscel
Sales Tax Bond Fund
ACCOUNT NUMBER
447-947-5-806.00
ST 91 -002 -PK #02
AMOUNT
$1,700
DECREASE
ACCOUNT TITLE Miscel
Sales Tax Bond Fund
ACCOUNT NUMBER
447-947-5-806.00
ST 91 -004 -PK #04
AMOUNT
$1,700
DATE
REQUESTED BY•
DEP
A
ADM
CITY
SERVICES DIR:
BUDGET OFFICE USE ONLY
DATE OF APPROVAL
_ate.
Entered
Posted
Type: A B
Total program
C D E
adjustments to date:
Park Imp:
Park Impr(
•
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SECTION 00500
CONTRACT
THIS AGREEMENT, made and entered into on the 3Rc{ day of
n
,NO,re.wW4J� , 1991 , by and betweenGALVA FOAM MARINE INDUSTRIES,INC.
herein called the Contractor, and the City of Fayetteville,
Arkansas, hereinafter called the Owner:
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set
out, hereby agrees with the Owner as follows:
1. That the Contractor shall furnish all the materials, and
perform all of the work in manner and form as provided by
the following enumerated Drawings, Specifications, and
Documents, which are attached hereto and made a part
hereof, as if fully contained herein and are entitled
LAKE FAYETTEVILLE BOAT DOCK ADDITION, dated August, 1991,
including:
Advertisements for Bids; Addenda; Instructions to
Bidders; General Conditions; Supplementary Conditions;
Performance and Payment Bonds; Specifications; the
Proposal and acceptance thereof; and the Drawings
consisting of: 4 Sheets
2. That the Contractor shall commence the work to be
performed under this Agreement on a date to be specified
in a written order of the Owner and shall fully complete
installation of the floating dock system, decks and
electrical services within 45 calendar days.
3. That the Owner hereby agrees to pay to the Contractor for
the faithful performance of this Agreement, subject to
additions and deductions as provided in the
Specifications or Proposal, in lawful money of the United
States, the amount of:
THIRTY-ONE THOUSAND FOUR HUNDRED FORTY-TWO AND NO/100
-Dollars ($ 31,442.00
)r
based on the Base Bid Price contained herein, plus any
accepted additive alternates.
SPStion 00500 - 1
McClallane
Consulting
AIROIEFEn01
Incap.ratS
•
•
4. That within 30 days of receipt of an approved payment
request, the Owner shall make partial payments to the
Contractor on the basis of a duly certified and approved
estimate of work performed during the preceding calendar
month by the Contractor, LESS the retainage provided in
the General Conditions, which is to be withheld by the
Owner until all work within a particular part has been
performed strictly in accordance with this Agreement and
until such work has been accepted by the Owner.
5. That upon submission by the Contractor of evidence
satisfactory to the Owner that all payrolls, material
bills, and other costs incurred by the Contractor in
connection with the construction of the work have been
paid in full, final payment on account of this Agreement
shall be made within 60 days after the completion by the
Contractor of all work covered by this•Agreement and the
acceptance of such work by the Owner.
6. In the event that the Contractor shall fail to complete
the work within the time limit or the extended time limit
agreed upon, as more particularly set forth in the
Contract Documents, liquidated damages shall be paid at
the rates designated in the Proposal.
7. It is further mutually agreed between the parties hereto
that if, at any time after the execution of this
Agreement and the Surety Bond hereto attached for its
faithful performance and payment, the Owner shall deem
the Surety or Sureties upon such bond to be
unsatisfactory or if, for any reason such bond ceases to
be adequate to cover the performance of the work, the
Contractor shall, at his expense, within 5 days after the
receipt of notice from the Owner, furnish an additional
bond or bonds in such form and amount and with such
Surety or Sureties as shall be satisfactory to the Owner.
In such event, no further payment to the Contractor shall
be deemed to be due under this Agreement until such new
or additional security for the faithful performance of
the work shall be furnished in manner and form
satisfactory to the Owner.
8. No additional work or extras shall be done unless the
same shall be duly authorized by appropriate action by
the Owner in writing.
Section 0050 - 7
McClelland
o Conwlllnp
Engineers
Inoorporol.d
Fayetteville. Arkansas
•
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the day and date first above written, in
( 1
counterparts, each of which shall, without proof or accounting for
the other counterpart be deemed an original Contract.
WITNESSES:
GALVA FOAM MARINE INDUSTRIES, INC.
Contractor
By (Fitt� �,Jt.tr1,OG
Vic'eJPresid�t
Title
ATTEST: CITY OF FAYETTEVILLE
.ahlue
City Cler
Approved as to form:
Attorney for Owner
Owner
By
s
Mayor
Title
Section 00500 - 3
McClelland
CanwIHnp
Enpin.rs
Inaarp.rala
ay.IU.vlll., Grkan:as
•
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
We
as Principal, hereinafter called Principal, and
a corporation organized and existing under the laws of the State of
Arkansas and authorized to do business in the State of Arkansas, as
Surety, hereinafter called Surety, are held and firmly bound unto
the City of Fayetteville, Arkansas as Obligee, hereinafter
called Owner, in the amount of
Dollars ($ ), 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
entered into a contract with Owner for construction of pump station
and water system improvements, which contract is by reference made
a part hereof, and is hereinafter referred to as the Contract.
THE CONDITION OF THIS OBLIGATION is such that if the principal
shall faithfully perform the Contract on his part and shall fully
indemnify and save harmless the Owner from all cost and damage
which he may suffer by reason of failure to do so and shall fully
reimburse and repay the Owner all outlay and expense which the
Owner may incur in making good any such default, and further, that
if the Principal shall 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 except by the Owner after six months from
the date final payment is made on the Contract, nor shall any suit,
action or proceeding be brought by the Owner after two years from
the date on which the final payment under the Contract falls due.
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 forbearance on the part of either the Owner or the
Principal to the other shall not in any way release the Principal
and the Surety or Sureties, or either or any of them, their heirs,
personal representatives, successors or assigns from their
liability hereunder, notice to the Surety or Sureties of any such
alteration, extension or forbearance being hereby waived.
Section 00500 - 4
MCCNIlond
Conwllinp
Engine's
Ino>yarona
FoyllllrlII•, Arkansas
In no event shall the aggregate liability of the Surety exceed
the sum set out herein.
Executed on this day of
19
Principal
By
Surety
By
Attorney-in-fact
Section 00500 - 5
McClelland
Consulting
Engineers
In Corpe.al d
FaoMMIle, Arkanaoe
r
NOTICE TO PROCEED
To: Date:
Project: City of Fayetteville
Lake Fayetteville Boat Dock
Addition, Fayetteville, AR
You are hereby notified to commence WORK in accordance with
the Contract dated , 19 , on or before
19, and you are to complete the WORK by , 19_.
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE
TO PROCEED is hereby acknowledged
by
this the day of
19
By
Title
By:
Title
Section 00550 - 1
FaprbHlI,
McClelland
Consulting
£, inikr,
lncargoraled
Arkonso.
•
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):
GALVA-ICA! PAEIIE INDUSTRIES, INC. APEEICAN CASUALTY CCPPANY OF
RT 67 ECE 19 PEALING, PFAISYIVANIA
CAPLEITCI, KC 65C2C CHICAGO, ILIIICIS
OWNER (Name and Address):
CITY CF FAYETTEVIILE, ARKANSAS
113 NES1 RCUITAII
FAYETTEVIILE, AEKANSAS 72701
CONSTRUCTION CONTRACT
Date: IOVEEEEE 8, 1991
Amount: 131,442.00
Description (Name and Location): IAKE FAYETTEVIIIE BOAT LCCK ALIITICI
BOND
Date (Not earlier than Construction Contract Date):
Amount: $31,442.00
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
C2mpany=
CrAIV1-IC.AP RARINE INLUSTIRES, INC.
Signature.tt/Il2
Name and
(Corporate Seal)
(Any additional signatures appear on page 3)
ICIEPBER 13, 1991
❑ None I ❑ See Page 3
SURETY
Company: (Corporate Seal)
APEEICAI AEUALTY CCIIPANY OF
READIN PA
Signature -
Name
Name and "nle:
JrDITH 1. PAGE, ATTY-IN-FACT
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
GEORGE 1. SIEPERS 6 CC.t INC. other party): ECCIEILAID CONSULTING ENG.
6500 SEIIIEE FISSION PAIKbAY 0111
PERRIIP, KANSAS 66202
DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •
A312-1984 1
•
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 Any proceeding, legal or equitable, under this Bond
may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail -
DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED.
A312-1984 2
•
•
•
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con -
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
'-CONTRACTOR As -PRINCIPAL
Company:
GASYI-FCA@ JE INE 111tUSTEIES, INC. APERICAN CASUALTY CCMPANY CF
(Corporate Seal)
SURETY
Company:
(Corporate Seal)
Signature: '/'g2644,/
Name:a�il Ti e: U
Address: RT 67 ECI 19
CAPEENTCR, NO 65C2C
1
(J4-4oc
RE AD I1 G 9igr#aPUre
Name an ate:
Addres : JUEITB A. FACE, ATTY—IN—FACT
BC% 9340, !MIAMI RS. 66201
DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •
A312-1984 3
•
•
•
Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
GALVA-FCAM MAEIIE IIDUSTRIFS
ET 67 !CI 19
CAPLEISCI, NO 65020
OWNER (Name and Address):
CITY CF FAYETTEVILLE, AB
113 HSI MCUITAII
FAYETTEVILLE, ARKANSAS
CONSTRUCTION CONTRACT
Date: ICVEMEEI 8 , 1991
Amount: F31 0442400
Description (Name and Location):
SURETY (Name and Principal Place of Business):
t INC. AFEEICAI CASUALTY CCMPANY OF
REAIING, FEIISYIVAIIA
CHICAGO, ILIIIOIS
KAISAS
727C1
LAKE FAYETTEVIIIE
BOND
Date (Not earlier than Construction Contract Date):
Amount: F31,442.CO
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company:- : (Corporate Seal)
CILVJI-FC1P 'RHONE ,IILUSTIRES t INC.
Signature: - A) cJ(.L.t Ago
Name and Title:
(Any additional signatures appear on page 6)
EOAT LOCK ALLITICI
1CVENBEE
❑ Nong
SURETY
Company:
AMEEICAI-
Signature
Name and Tj
JODITE
12, 1991
❑ See Page 6
(Corporate Seal)
SUALTY COMPANY OF
READINGS �y
A. PAGE, ATTY-IN-FACT
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
GEORGE J. SIEEEIS S CC., INC. otherparty): MCCIFILANL CONSULTING ENG.
850C SF.AINEE FISSION PARKWAY 0111
MERRIAM, KANSAS 662C2
DOCUMENT ,312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED.
A312-1984 4
•
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorporated
herein by reference.
2 With respect to the Owner, this obligation shall be null
and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from all claims, demands, liens or suits by any
person or entity who furnished labor, materials or
equipment for use in the performance of the Construc-
tion Contract, provided the Owner has promptly noti-
fied the Contractor and the Surety (at the address de-
scribed in Paragraph 12) of any claims, demands, liens
or suits and tendered defense of such claims, demands,
liens or suits to the Contractor and the Surety, and
provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be null
and void if the Contractor promptly makes payment, di-
rectly or indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants under
this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating that
a claim is being made under this Bond and, with sub-
stantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with
the Contractor:
.1 Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the mate-
rials were furnished or supplied or for whom
the labor was done or performed; and
.2 Have either received a rejection in whole or in
part from the Contractor, or not received with-
in 30 days of furnishing the above notice any
communication from the Contractor by which
the Contractor has indicated the claim will be
paid directly or indirectly; and
.3 Not having been paid within the above 30 days,
have sent a written notice to the Surety (at the
address described in Paragraph 12) and sent a
copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and
enclosing a copy of the previous written notice
furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the Owner
to the Contractor or to the Surety, that is sufficient compli-
ance.
6 When the Claimant has satisfied the conditions of Para-
graph 4, the Surety shall promptly and at the Surety's ex-
pense take the following actions:
6.1 Send an answer to the Claimant, with a copy to the
Owner, within 45 days after receipt of the claim, stating
the amounts that are undisputed and the basis for chal-
lenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance of the Construction Contract and to satisfy claims, if
any, under any Construction Performance Bond. By the
Contractor furnishing and the Owner accepting this Bond,
they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to
satisfy obligations of the Contractor and the Surety under
this Bond, subject to the Owner's priority to use the funds
for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claimant
under this Bond, and shall have under this Bond no obliga-
tions to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent jurisdic-
tion in the location in which the work or part of the work is
located or after the expiration of one year from the date (1)
on which the Claimant gave the notice required by Sub-
paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last
labor or service was performed by anyone or the last mate-
rials or equipment were furnished by anyone under the
Construction Contract, whichever of (1) or (2) first occurs.
If the provisions of this Paragraph are void or prohibited by
law, the minimum period of limitation available to sureties
as a defense in the jurisdiction of the suit shall be applica-
ble.
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page. Actual receipt of notice by Surety, the Owner
or the Contractor, however accomplished, shall be suffi-
cient compliance as of the date received at the address
shown on the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
DOCUMENT *,312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •
A312-1984 5
•
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials
or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is, provIded_below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company; -
-Al Y2tick$ PU1IE
(Corporate Seal)
INCUSTRIES, INC.
Signature:._
Name and -Ti
Address: El- 6i' EC/
CAMDEITCI,
19
NO 65C2C
SURETY
Company:
APEEICA
(Corporate Seal)
ASUAL'IY CCMPANY CF
9
READIN‘r FA L4v: t/l
gnature•
Name and TitlE
Address: IJ7''DD
ECI 934C,
I11 A. FACE, ATTY-II-FACT
PESRIIR, F5. 66201
DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED.
A312-1984 6
American Casualty Company
'of.Readhng, pennsylvanla
CNA
For All the Commitments You Make
OlneeiChIcago, Whale
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a corporation duly organized and
existing under the laws of the Commonwealth of Pennsylvania, and having its principal office in the City of Chicago, and
State of Illinois, does hereby make, constitute and appoint John N Thayer- 1 V Maxon, individually of Kansas rity,
ty,
MO, Thomas E. O'Neill, Judith A. Page. Individually of Chawnee Mi «inn, Kg
Mark E- Cardpe",
Individually of Leawood KS. Galen R. Piss. Tndivtdually of Overland Darr KS Dnhart B Piss,
Indjlvidually of Prairie Village KC, Tarry J Cramer, Individually of '
Blue Spring MO
its true and lawful Attorney -in -Fact with full power and authority hereby conferred to sign, seal and execute in its beha bonus, undertakings and
other obligatory instruments of similar nature
Tn Unlimited Pruett
and to bind AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA thereby as fully and to the same extent as 0 such instruments were
signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all the acts of said Attorney,
pursuant to the authority hereby given ars hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of
the Company:
"Article VI—Execution of Obligations and Appointment of Attorney -hi -Fact
Section 2. Appointment of Attorney-in-fact. The President or Via President may, from time to time, appoint by written certificates attorneys -
in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like
nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice
President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in-fact."
This Power o1 Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the llth day of November, 1966:
"Resolved, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power
of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the
seal of the Company may be affixed by fascimile to any certificate of any such power. and any power or certificate bearing such facsimile
signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall, with raspy any bond or undertaking to which it is attached, continue to be valid and binding on the Company."
In Witness Whereof, AMERICAN CASUALTY COMPANY OF, READING, PENNSYLVANIA ha%caupil these presents to be signed by re
President and its corporate seal to be hereto affixed thisbu un day of Apri 1 19
State of Illinois )
County of Cook 1 ss
'r ' \ AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
J. ( Vice President.
On this 16th da of April 19S11_, before me personally came
.1. E. Purtell, to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Glenview, State of Illinois; that he is
a Vice -President of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, the corporation described in the which executed the above
instrument: that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal: that d was so affixed
pursuant
toausame to givenbatnect by the
Board of deed of said Directorsof said corporation. oration and that he signed his name thereto pursuant to like authority. and
s
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UUnda C. Dempsey ry Public.
CERTIFICATE My Commission Expires NOverr6er 12, 1990
1, Robert E. Ayo, Assistant Secretary of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, do certify that the Power of Attorney
herein above set forth is still in force, and further certify that Section 2 of Article VI of the By -Laws of the Comps and the Resolution of the Board
of Directorsset forth in said Power of Attorney are st 11 in.to . In testimony whereof I have hereunto dx�my name and affixed the seal of
the said Company this / 3 day of �,zE •`"ftit� 19
e -22142-D
R• • -rt E. Ayo - • nt Secy•
INV. 1 ,442-B
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SECTION 00500
CONTRACT
THIS AGREEMENT, made and entered into on the Si day of
, , 19 9 !, by and between GALVA FOAM MARINE INDUSTRIES, INC.
herein called the Contractor, and the City of Fayetteville,
Arkansas, hereinafter called the Owner:
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set
out, hereby agrees with the Owner as follows:
1. That the Contractor shall furnish all the materials, and
perform all of the work in manner and form as provided by
the following enumerated Drawings, Specifications, and
Documents, which are attached hereto and made a part
hereof, as if fully contained herein and are entitled
LAKE FAYETTEVILLE BOAT DOCK ADDITION, dated August, 1991,
including:
Advertisements for Bids; Addenda; Instructions to
Bidders; General Conditions; Supplementary Conditions;
Performance and Payment Bonds; Specifications; the
Proposal and acceptance thereof; and the Drawings
consisting of: 4 Sheets
2. That the Contractor shall commence the work to be
performed under this Agreement on a date to be specified
in a written order of the Owner and shall fully complete
installation of the floating dock system, decks and
electrical services within 45 calendar days.
3 That the Owner hereby agrees to pay to the Contractor for
the faithful performance of this Agreement, subject to
additions and deductions as provided in the
Specifications or Proposal, in lawful money of the United
States, the amount of:
THIRTY-ONE THOUSAND FOUR HUNDRED FORTY-TWO AND NO/100
Dollars ($ 31,442.00
)r
based on the Base Bid Price contained herein, plus any
accepted additive alternates.
Section 00500 - 1
naMCCI.IIar.d
Consulting
Engineers
Incorporated
Fayetteville, Arkonsas
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4 That within 30 days of receipt of an approved payment
request, the Owner shall make partial payments to the
Contractor on the basis of a duly certified and approved
estimate of work performed during the preceding calendar
month by the Contractor, LESS the retainage provided in
the General Conditions, which is to be withheld by the
Owner until all work within a particular part has been
performed strictly in accordance with this Agreement and
until such work has been accepted by the Owner.
5. That upon submission by the Contractor of evidence
satisfactory to the Owner that all payrolls, material
bills, and other costs incurred by the Contractor in
connection with the construction of the work have been
paid in full, final payment on account of this Agreement
shall be made within 60 days after the completion by the
Contractor of all work covered by this Agreement and the
acceptance of such work by the Owner.
6. In the event that the Contractor shall fail to complete
the work within the time limit or the extended time limit
agreed upon, as more particularly set forth in the
Contract Documents, liquidated damages shall be paid at
the rates designated in the Proposal.
7 It is further mutually agreed between the parties hereto
that if, at any time after the execution of this
Agreement and the Surety Bond hereto attached for its
faithful performance and payment, the Owner shall deem
the Surety or Sureties upon such bond to be
unsatisfactory or if, for any reason such bond ceases to
be adequate to cover the performance of the work, the
Contractor shall, at his expense, within 5 days after the
receipt of notice from the Owner, furnish an additional
bond or bonds in such form and amount and with such
Surety or Sureties as shall be satisfactory to the Owner.
In such event, no further payment to the Contractor shall
be deemed to be due under this Agreement until such new
or additional security for the faithful performance of
the work shall be furnished in manner and form
satisfactory to the Owner.
8 No additional work or extras shall be done unless the
same shall be duly authorized by appropriate action by
the Owner in writing.
Section 00500 - 2
Consulting
McClellandfnpineers
Inarperalea
Fayetteville, Arkansas
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the day and date first above written, in
1
counterparts, each of which shall, without proof or accounting for
the other counterpart be deemed an original Contract.
WITNESSES:
y/.estJ"/-SC)--c-r-e/CL/ic/
GALVA FOAM MARINE INDUSTRIES, INC.
Contractor
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By l�fi�i A.Jv VJL' "A °
Vice President
Title
ATTEST: CITY OF FAYETTEVILLE
i OwnCe
� o1-f.�QvYIwl /%Z l
By
dCler
Mayor
Title
Approved as to form.
Attorney for Owner
Section 00500 - 3
MCC:eland
Cpnsaltinp
Enpin.sn
Incorporated
Faysllovlll.y Arkansas