Loading...
HomeMy WebLinkAbout96-96 RESOLUTIONRESOLUTION NO. 96-96 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $666,946.60, PLUS A CONTRACT CONTINGENCY OF $133,053.40, TO NECESSARY & SONS FOR THE JOYCE BOULEVARD EXTENSION WEST. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Oily Council hereby awards a construction contract in the amount of $666,946.60, plus a contract contingency of $133,053.40, to Necessary & Sons for the Joyce Boulevard extension west. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 20th day of August , 1996. Traci Paul, City Clerk APPROVED: By: red Hanna, Mayor .4( 1 1 1 1 1 1 1 1 1 • • EXHIBIT A MICROFILMED PROJECT MANUAL ISSUED FOR • CONSTRUCTION :ENGINEERING CITY OF JOYCE BLVD. CONTRACT FAYETTEVILLE, CEI PROJECT AUGUST CEI Engineering 110 Bentonville, (501) FAX FAYETTEVILLE EXTENSION 96-14 ARKANSAS #10436.0 1996 Associates, Inc. W. Central AR 72712 273-9472 (501) 273-0844 PROJECT MANUAL ISSUED FOR CONSTRUCTION CITY OF FAYETTEVILLE JOYCE BLVD. EXTENSION CONTRACT 96-14 FAYETTEVILLE, ARKANSAS CEI PROJECT #10436.0 AUGUST 1996 CEI Engineering Associates, Inc. 110 W. Central Bentonville, AR 72712 (501) 273-9472 FAX (501) 273-0844 City of Fayetteville Joyce Boulevard Extension Section 00005 TABLE OF CONTENTS Section No. Title 00005 Table of Contents CONTRACT FORMS AND CONDITIONS 00500 Agreement Between Owner and Contractor 00700 General Conditions 00800 Supplementary Conditions SPECIFICATIONS Division 1 - General Requirements 01010 Summary of Work 01025 Measurement and Payment 01026 Schedule of Values 01027 Applications for Payment 01035 Modification Procedure 01040 Coordination and Meetings 01051 Construction Surveys 01060 Regulatory Requirements 01090 Reference Standards and Abbreviations 01300 Submittals 01310 Progress Schedules 01410 Testing Laboratory Services 01500 Construction Facilities and Temporary Controls 01620 Storage and Protection - 01630 Product Options and Substitutions 01700 Contract Closeout Division 2 - Site Work 02050 02100 02161 Demolition Site Preparation Excavation Safety CEI Project 10436 Pages 08/21/96 00005-1 to 00005-2 00500-1 to 00500-9 1 to 42 00800-1 to 00800-16 01010-1 to 01010-2 01025-1 to 01025-13 01026-1 to 01026-2 01027-1 to 01027-3 01035-1 to 01035-4 01040-1 to 01040-4 01051-1 to 01051-2 01060-1 to 01060-3 01090-1 to 01090-4 01300-1 to 01300 4 01300-1 to 01310-3 01410-1 to 01410-3 01500-1 to 01500-5 01620-1 to 01620-2 01630-1 to 01630-2 01700-1 to 01700-6 02050-1 to 02050-2 02101-1 to 02101-3 02161-1 Page 00005-1 02220 02230 02261 02270 02272 02500 02580 02600 02605 02720 02805 02830 02840 02900 Excavation and Embankment Road Bed Preparation Site Restoration Erosion Control Rip Rap Asphaltic Cement Paving Pavement Marking Pipelaying Utility Sleeves Storm Sewer Systems Guard Rails Fencing Signage Landscaping Division 3 - Concrete 03316 Miscellaneous Concrete Work Divisions 4 through 16 Not Used CEI Project 10436 02220-1 02230-1 02261-1 02270-1 02272-1 02500-1 02580-1 02600-1 02605-1 02720-1 02805-1 02830-1 02840-1 02900-1 08/21/96 to 02220-10 to 02230-6 to 02261-6 to 02270-3 to 02272-2 to 02500-11 to 02580-5 to 02600-4 to 02605-2 to 02720-4 to 02805-3 to 02830-4 to 02840-4 to 02900-13 03316-1 to 03316-8 • Page 00005-2 08/19/96 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the . & I1, day of a y y us f' in the year 1996 by and between the City of Fayetteville (hereinafter called OWNER) and F. H. Necessary & Son Construction Company, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, 'agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction of approximately 2,500 LF of new roadway varying from five lanes to two lanes with associated earthwork, below ground storm sewer, drainage structures, curb and gutter, sidewalk, pavement marking, and sidewalks, and all items indicated in the Drawings and Specifications. Article 2. ENGINEER. The Project has been designed by CEI Engineering Associates, Inc. 110 West Central Bentonville, Arkansas 72712 who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the .Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1 The Work will be substantially completed within 150 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph CEI Project 10436 00500-1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 08/19/96 14.13 of the General Conditions within 180 calendar days after the date when the Contract Time commences to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred dollars ($200.00 ) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two hundred dollars ($ 200.00 ) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Payment Items pursuant to paragraphs 4.1 and 4.2 below: 4.1 for all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. PAYMENT ITEMS CEI Project 10436 00500-2 NO. ITEM UNIT ESTIMATED QUANTITY UNIT PRICE TOTAL ESTIMATED 1 Clearing and Grubbing Trees EA 4 500.00 2,000.00 2 Demolition LS 1 1,000.00 1,000.00 3 Common Excavation CY 27,500 3.64 100,100.00 CEI Project 10436 00500-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Az - 08/19/96 CEI Project 10436 00500-3 NO. ITEM UNIT ESTIMATED QUANTITY UNIT PRICE TOTAL ESTIMATED 4 Rock Excavation CY 700 12.50 8,750.00 5 Compacted Embankment CY 22,100 0.50 11,050.00 6 Remove Excess Material CY 1,500 1.00 1,500.00 7 Aggregate Base Course TN 6,040 13.50 81,540.00 8 Prime Coat SY 14,770 0.38 5,612.60 9 Tack Coat SY 13,470 0.20 2,694.00 10 ACHM Binder Course SY 13,470 7.65 103,045.50 11 ACHM Surface Course SY 14,770 4.05 59,818.50 12 Pavement Markings LS 1 4,375.00 4,375.00 13 18 -inch Reinforced Concrete Pipe LF 1,130 22.25 25,142.50 14 24 -inch Reinforced Concrete Pipe LF 280 27.80 7,784.00 15 30 -inch Reinforced Concrete Pipe LF 320 36.00 11,520.00 _ 16 36 -inch Reinforced Concrete Pipe LF 520 49.60 25,792.00 17 42 -inch Reinforced Concrete Pipe LF 170 62.15 10,565.50 18 12 -inch Corrugated Metal Pipe LF 27 12.00 324.00 19 18 -inch Flared End Section EA 2 250.00 500.00 20 24 -inch Flared End Section EA 2 340.00 680.00 21 30 -inch Flared End Section EA 2 400.00 800.00 22 36 -inch Flared End Section EA 1 780.00 780.00 23 42 -inch Flared End Section EA 1 960.00 960.00 CEI Project 10436 00500-3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 08/19/96 As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. CEI Project 10436 00500-4 NO. ITEM UNIT ESTIMATED QUANTITY UNIT PRICE TOTAL ESTIMATED 24 Head Wall Structure and Ditch Concrete Paving SY 160 55.00 8,800.00 25 Rip Rap CY 120 40.00 4,800.00 26 Drop Inlets EA 15 2,400.00 36,000.00 27 Drop Inlet Adjusted to Grade EA 1 500.00 500.00 28 Curb Inlet Extension LF 76 80.00 6,080.00 29 Sleeves for Future Utility Crossings LS 1 29,628.00 29,628.00 30 Guard Rail LF 140 38.50 5,390.00 31 Trype D Wire Fence LF 2850 3.35 9,547.50 32 Seeding and Mulching AC 4.5 1,250.00 5,625.00 33 Erosion Control Straw Bales EA 500 4.00 2,000.00 34 Erosion Control Silt Fence LF 1,800 3.00 5,400.00 35 Concrete Curb & Gutter LF 4,950 6.25 30,937.50 36 Concrete Sidewalk SY 1,850 22.50 41,625 00 37 Signage LS 1 2,180.00 2,180.00 38 Road Closed Barricade EA 1 1,000.00 1,000.00 39 Landscaping LS 1 10,000.00 10,000.00 40 Tree Protection Barricade EA 5 200.00 1,000.00 41 Excavation Safety LS 1 100.00 100.00 TOTAL BASE BID 666,946.60 As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. CEI Project 10436 00500-4 08/19/96 Article 5, PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1., 5.1.2., 5.1.3., and 5.1.4. below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90 percent of Work completed (with the balance being retainage). If Work has been 50 completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions. 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACOR to 98 percent of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. CEI Project 10436 00500-5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .1 1 1 1 08/19/96 Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Biddmg Documents including "technical data." 6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and- carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. CEI Project 10436 00500-6 08/21/96 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 7.1 This Agreement (pages 1 to 9, inclusive). 7.2 Performance and Payment Bonds, (Exhibits A and B respectively). 7.3 Certificate of Insurance, (Exhibit C). 7.4 Documentation submitted by CONTRACTOR prior to Notice of Award (Exhibit D). 7.5 General Conditions (pages 1 to 42, inclusive and Exhibit GC -A pages 1 to 3, inclusive). 7.6 Supplementary Conditions (pages 1 to 16 inclusive). 7.7 Specifications consisting of Divisions 1 through 16 as listed in table of contents thereof. 7.8 Addenda numbers 1, 2, and 3, inclusive. Items covered in Addenda 1 through 3 have been changed in the original document (either Form of of Contract and Conditions, Specifications, or Drawings); therefore, Addenda 1 through 3 are not attached to this Agreement. 7.9 Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1 through 27, inclusive with each sheet bearing the following general title: Joyce Boulevard Extension 7.10 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.10.1 Notice to Proceed CEI Project 10436 00500-7 08/19/96 7.10.2 All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. • CEI Project 10436 00500-8 08/19/96 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in quadruplicate. One counterpart each has been delivered to OWNER and ENGINEER, and two counterparts have been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on MAJI.,sf aoi /996, 1996 (which is the Effective Date of the Agreement). OWNER: City of Fayetteville CONTRACTOR: F.H. Necessary & Son Construction Company, Inc. By: Attest [CORPORATE SEAL] Address for giving notices (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execition of Agreement.) execution of Agreement.) CEI Project 10436 By: Attest /144c/ Aaa I/i/F��ss.4RY [CORPORATEaSI✓AIrj K . • y-. Address for giving notices /1/ 54�,4✓aa. v 5f RosE R -S , 4 7Z 7S-1° License No. DO 2rBBo347 Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign) 00500-9 • • Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Performance Bond • N4 7 1 Tr MICROFILMED Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): F. H. NECESSARY & SON CONSTRUCTION 111 Linden Street Rogers, AR 72756 OWNER (Name and Address): CITY OF FAYEITEVILLE, ARKANSAS 113 W. Mountain, Room 306, 3rd Floor Fayetteville, AR 72701 SURETY COMPANY, INC. Fidelity and Deposit Company of Maryland P.O. Box 1227 Baltimore, Maryland 21203 CONSTRUCTION CONTRACT Date: August 20, 1996 Amount: Six Hundred Sixty Six Thousand, Nine Hundred Forty Six and 60/100 ($666,946.60) Description (Name and Location): JOYCE BLVD. EXTENSION: CONTRACT NO. 96-14 FAYETTEVIT T F, ARKANSAS BOND Date (Not earlier than Construction Contract Date): September 4, 1996 AmountSix Hundred Sixty Six Thousand, Nine Hundred Forty Six and 60/100 ($666,946.60) Modifications to this Bond: ri None 0 See Page 3 CONTRACTOR AS PRINCIPAL Company* F. H. NECF.SSARY & SON CONSTR ON•''ANY INC. Corporate Seal Signature:- Name ignatureName al'• Title:ct REsitls ...: i w_ F,s. J• s • (Any.additional-siginturz<'^pptar on page 3) (FOR INFORMATION -QNI Y—Name, Address and AGENT or BROKER:' The Cashion Com`pany, Inc. P. 0. Box 550 Little Rock, AR 72203 (501) 376-0716 SURETY Company: Fidelity and Deposit Company of Maryland l Cdrpotate Seal Signature. Name and son A. Cashion Attorney-in-fact 4 • -r to.Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other party): CEI Engineering Associates, Inc. 110 W Central Bentonville, AR 72712 (501) 273-9472 CONFORMS TO AMERICAN INSTITUTE OF ARCHITECTS DOCUMENT A.312, DECEMBER 19E4 EDITION. 010 M1 1 The Contractor and the Surety, jointly and severally, bind themselves, thea hens. 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 Sub- paragraph 3.1. 3 11 there is no Owner Default. the Surety's obligation under this Bond shall arise after; 3.1 The Owner has notified the Comm:ter and the Surety at its address deser bed in Paragraph 10 below that the Owner is eansidering declaring a Contractor Default and has re- quested and attempted to arrange a conference with the Con- tractor and the Surety to be held not later then fifteen Jaye after receipt of such notice w discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Conned, but such an agree - mem 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 for- mally terminated the Contractor's right to complete the con- tract. oo-tract. Such Contractor Default shall not be declared earlier than twenty day, after the Contractor and the Surety have received notice as presided in Sub -paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Con- tract Price to the Surety in accordance with the terms of the Contrtruction Contract or to a contractor selected to perform the Constriction Contract m accordance with the terms of the centrad with the Owner. 4 When the Owner has satisfied the eonditious of Paragraph 3. the Surety shall promptly and at the Surety's expense take nue of the following actions: 4.1 Arrange for the Contractor, with eoaeent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified con- tractors acceptable to the Owner for a contract for perfor- raan® and completion of the Concoction Contract, artwaga for a contract to be prepared for execution by the Owner and the contractor selected with the Owier's concurrence. to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Con- atnaction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ease 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, m obtain a new contractor and with reasonable promptness under the circumstances: -1 AI ter investigation, determine the amount for which it maybe liable to the Owner and, as soon as prac- ticable after the amount Is determined, tender pay- ment therefor to the Owner; ar .2 Deny liability in whole or in pan and notify the Owner citing reasons therefor. S U 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 en additional written notice from the Owner to the Surety demanding that the Surety prrfnnn is obligations under this Bond. aad the Owner shall be retitled to enforce any remedy available to the Owner. 11 the Surety pretends as provided in Subparagraph 4.4, and the Owner refuse; the payment tendered or the Surety has denied liability, in whole or in pan, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 Atter the Owner has terminated the Contractor's right to corn - piece the Construction Contract. and if the Surety elects to ad tinder Subparagraph 4.1, 4.2, or 4.3 above, then the respon- nbib-ties 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 Dot be greater than those of the Owner under the Construction Contract To the limit of the amount of this Bond, but subject to commit- ment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities 01 the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting born the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 63 Liquidated damagva, or if no liquidated damages are specified in the Contruction Contract, aemal damages mused by delayed performance or non-performance of the Contractors 7 The Surety shall not be Noble in the Owner err others for obliga- tions of the Contrauor that are tnrdated to the Construction Contract, and the Balance of the Contract Price than not be reduced or set o5 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, eaecmors, administrators ar aacceawn. 8 The Surety hereby waives notice of any change, including changes of time. to the Construction Contract or to related sub- contractors, contractors, purchase orders and other obligations. 9 Any proceeding, legal or equitable, ander this Bond may be instituted in any court of competent jurisdiction In the location in which the ..ark or pan of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contactor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs fast. 11 the provisions of this Paragraph are void or prohibited by law. the min®urn paiod of liniitation available to sureties ae a defense in the jurisdiction CONFORMS TO AMERICAN INSTITUTE OF ARCHITECTS DOCUMENT A-312, DECEMBER 1984 EDITION. 0I0 2 shall be applicable. 10 Notice to the Surer!. the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond bas been fttrnished to comply with a statutory or other legal requirement in the location where the construction was to be pedormcd, any provision in this Bond conflicting with said wuwry or legal requirement shall be deemed deleted hcrefran and provisions conforming w such statutory or other legal requirement shall be deemed incorporated herein. The intent is at this Bond shall be construed as e statutory bond and cot as a common law bond. 12 DEFINITIONS 12.1 Balaoce of de Contract Price: The total amount payable by the ONaz to the Contractor wader the Construe - lion Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: • received or to be received by the Owner in tee -dement of insurance or other claims for damages to which the Con- tractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor ander the Construc- tion Contract 12.2 Coaetracdon Convent The agreement between the Owner and the Contractor identified on the signature page, including all Contract Dee menta and changes tbeteto. 12.3 Contractor Default: Failure of the Contractor. which has neither been remedied nor waived, to perform or other- wise to comply with the teams of the Constrndioo Contract 12.4 Owner Default Faflnre of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contras or to perform and complete or comply with the other terms thereof. (Space i3 provided below for additional signatures of added parties, other than those appearing an the cover page.) CONTRACTOR AS PRINCIPAL SURETY: Company: (Corporate Seal) Company: ctgnature. Name and Tide Address: (Corporate Sal) Signature Name and Title: Address: CONFORMS TO AMERICAN INSTITUTE OF ARCBITECT DOCUMENT A312, DECEMBER 1984 EDITION. CID 3 • • • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE. MO KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Knight Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr., Carla Sue Hollis and William R. Plegge, all of Little Rock pprlkarisas E&CdH..... �........ci� its rue t a law u agent anorney-m-}act, to make, execute, seal 'ana uehver, for, anUi t isbehalf as surety, and as its act and.deed. any and all bonds and undertakings ma' nd the execution of such bonds or undertakings in pursuancese presentt,�22,,,,..,,: 1 be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly e iced and acknOnsil ged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper person - is powi of attorney revokes that issued on behalf of Knight Cashion, etal, dataNMarch 31993. The said Assistant Secretary does hereby certify that act set f�4h n the reverse side hereof is a true copy of Article VI, Section -Law of said Company, and is now in1i1. 2, of the By s tr IN WITNESS WHEREOF, the said Vice-PresideMt-d Assistam�,> retary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND D I')COMPANF MARYLAND, this_____30th_____________________ yof AugustA.D. 1995 FIDELITV4 r\ n MPANY OF MARYLAND STATE OF MARYLAND COUNTY OF BALTIMORE Assistant Se ©?n On this 30th day of August A.D. 19 95, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. By CAROL 1. FADER My Commission Expires____ CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: 'That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of_ -------Sept�Ibei 19 96_.' �C` Q\�Cli— ,/- Notary Public August _1_. 1996_________ LI02& 164-2520 e (.41. "Assistant -Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board. or the President. or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." • v Fidelity and Deposit Company HOME OFFICE OF MARYLAND eumronn, Mn. 21203 Payment Bond 11 "l1CROFILMED Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): F. H. NECESSARY & SON CONSTRUCTION 111 Linden Street Rogers, AR 72756 OWNER (Name and Address): CITY OF' FAYETTEVILLE, ARKANSAS 113 W. Mountain, Room 306, 3rd Floor Fayetteville, AR 72701 SURETY COMPANY, INC. Fidelity and Deposit Company of Maryland P.O. Box 1227 Baltimore, Maryland 21203 CONSTRUCTION CONTRACT Date: August 20, 1996 Amount: Six Hundred Sixty Description (Name and Location): BOND Date (Not earlier than Construction Amount: Six Hundred Sixty Modifications w this Bond: Six Thousand, Nine Hundred Forty Six and 60/100 ($666,946.60) JOYCE BLVD. EXTENSION: CONTRACT NO. 96-14 FAYEITEVILLE, ARKANSAS Contract Date): September 4, 1996 Six Thousand, Nine Hundred Forty Six and 60/100 ($666,946.60) j4one 0 See Page 3 CONTRACTOR AS PRINCIPAL Company: F. H. NECESSARY & SON CONSTRUCTIO1 INC. Corporate Seal Signatuft- �— /_ h J,/�EGS SSA Name and.Tittf: ,.'�Yl.? °sid E N'T ('Any`additionaeti amaes`'appear on page 3) • '. r. >i.. (FOR Ile(ORWA: dON'3JNLY—Nome, AOE NT -or ROKPR ine Casnion Company, Inc. P. 0. Box 550 Little Rock, AR 72203 (501) 376-0716 SURETY Company: and Deposit Company of Maryland , ^_toryorate Seal - F lc 7 1f Signature: Name. and. : B nson A. Cashion= -- - • f,�• Attorney-in-fact 1 tti r, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other party)' CEI Engineering Associates, Inc. 110 W. Central Bentonville, AR 72712 (501) 273-9472 CONFORMS TO AMERICAN INS-11T1.ZE OF ARCHITECT nOCuMEN r A-312, DECEMBER 1984 F.nmON. C1t01 it