HomeMy WebLinkAbout44-00 RESOLUTION•
MICROFILMED
RESOLUTION NO. 44-00
A RESOLUTION AWARDING BID NO. 00-29 IN THE AMOUNT
OF $106,040 TO J & L CONSTRUCTION; APPROVING A
CONTINGENCY AMOUNT OF $10,000; AND APPROVAL OF A
BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby awards Bid No. 00-29 in the amount of
$106,040 to J & L Construction; approves a contingency amount of $10,000; and authorizes the
Mayor and City Clerk to execute an agreement for said amount. A copy of the agreement and bid
tabulation is attached hereto marked Exhibit "A" and made a part hereof.
Section 2. The City Council hereby approves a budget adjustment in the amount of
$121,140 increasing Acct. No. 5400 5600 5808 00, Project No. 00038 20 by decreasing Waterline
Improvements, Acct. No. 5400 5600 5808 00, Project No. 00026 20. A copy of the budget
adjustment is attached hereto marked Exhibit "B" and made a part hereof.
SDAND APPROVED this 4th day of April , 2000.
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APPROVE!
By:
9
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ATTEST:
BrSt) ax
Heather Woodruff, City Cole&
••
Fr6d Hanna, Mayor
NAME OF FILE:
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CROSS REFERENCE:
Date
Contents of File
Initials
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EXHIBIT A
Section 00500
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the day of AC. in the year 2000 by and between the City
of Fayetteville, Arkansas (hereinafter called OWNE# and (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:
Project - Highway 45 East Water Line Relocation - Phase 1, Bid # 00-29 for the City
of Fayetteville
310 If of 12 inch ductile iron water line, restrained joint gaskets, fittings, 90 If of 24 inch
encasement by bore and jack, 60 If of 24 inch encasement by open cut, connections to existing
lutes, one fire hydrant, site preparation and cleanup, and all items indicated m the Drawings and
Specifications.
Article 2. ENGINEER.
The Project has been designed by
City of Fayetteville Engineering Division
113 W. Mountain
Fayetteville, Arkansas 72701
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 shall be both substantially and fully completed and ready for final payment within
11 calendar days after the date when the Contract Time commences to run as . provided in
paragraph 2.03 of the General Conditions.
3 2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence
City of Fayetteville 02/28/00 Page 00500-1
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of the Agreement and that OWNER will suffer financial loss if the Work is not completed within
the times specified in paragraph 3.1 above, plus and 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 One
hundred dollars ($200.00) for each day that expires after the time specified in paragraph 3.1 for
Substantial and Final Completion
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 Values 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
Item
No.
Dem Description
Unit
Estimated
Quantity
Unit Price
Extended
Price
5 et WS that&
ffehatio
7"
Total Base Bid Amount
As provided in paragraph 11.03 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 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03 B of the General Conditions.
City of Fayetteville 02/28/00 Page 00500-2
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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 dunng construction as provided in paragraphs 5.1.1 and 5.1.2
below and SC -14.02 All such payments will be measured by the schedule of values established
in paragraph 2.07 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 case, less the aggregate of payments previously
made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraphs 14.02.B.5 & 14.02 D of the General Conditions.
90 percent of Work completed (with the balance of 10 percent being retainage), If
Work has been 50 percent completed as determined by the 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
remairung progress payments pnor to Substantial Completion will be in an amount
equal to 100 percent of the Work completed.
190 percent of materials and equipment not incorporated in the Work but delivered,
suitably stored, and accompanied by documentation satisfactory to OWNER as
provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if
any such items are setup for that type payment in the Specifications.
5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to
CON IRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being
retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold,
in accordance with paragraphs 14.02.B.5 & 14 02.D of the General Conditions.
City of Fayetteville
02/28/00 Page 00500-3
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5.3 Final Payment Upon final completion and acceptance of the Work m accordance with
paragraphs 14.07.B & C of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraphs 14.07.B & C.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CON1RACTOR 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 Bidding 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 02 A of the General Conditions.
CON TRACTOR accepts the determination set forth in paragraph SC -4.02 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 4.02 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 the 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.
City of Fayetteville 02/28/00 Page 00500-4
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1 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
I Documents, and all additional exammations, investigations, explorations, tests, studies, and data
with the Contract Documents
1 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 wntten
resolution thereof by ENGINEER is acceptable to CONTRACTOR and the Contract Documents
1 are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
Article 7. CONTRACT DOCUMENTS
1 The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
1 7.1. This Agreement (pages 1 to , inclusive).
1 72 Performance and Payment Bonds, (Exhibits A and B respectively).
7.3. Certificates of Insurance, (Exhibit C).
1 7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D).
1 7.5. General Conditions (pages 1 to 42, inclusive).
7.6. Supplementary Conditions (pages 1 to 15, inclusive).
7.7. Specifications consisting of Divisions 1 through 16 as listed in table of contents
thereof.
7.8. Addenda numbers to inclusive.
7.9. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1
through 25, inclusive with each sheet bearing the following general title:
1 Highway 45 East Water Line Relocation Phase 1, Bid # 00-29
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City of Fayetteville 02/28/00 Page 00500-5
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1 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
7.10.2. All Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraph 3.04 of the General
Conditions.
1
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
1 may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions.
Article 8. MISCELLANEOUS.
1 8.1. Terms used in the Agreement which are defined m Article 1 of the General Conditions will have
the meanings indicated in the General Conditions.
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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.
1 8.3. OWNER and CONTRACTOR each binds itself, it 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
1
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 expressing the intention of the stricken provision.
City of Fayetteville 02/28/00 Page 00500-6
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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 , 2000 (which is the Effective Date of the Agreement).
OWNER: ity of Fayetteville CONT 'FL ay .5-rEa Co A/
Attest
OidzuciC
Title
[CORPORATE SEAL]
Attest
Address for giving notices Address for giving notices
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
License No.
Agent for service of process:
(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
City of Fayetteville 02/28/00 Page 00500-7
DESCRIPTION: HINY 45 WATER LINE RELOCATIONS PHASE I
BASIC CONSTRUCTION
•
J & L CONSTRUCTION
UNITED PLUMBING
EXHIBIT A
• c31 clecK
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ges.104-iva 141-0o ilbra 1, tab
Project Manual
City of Fayetteville
MICROFILMED
Highway 45 East Water Line
Relocation, Phase 1 r -
A mai; NE SA'S It.
REGISTERED
PROFESSIONAL
Bid # 00-29
lifgE11,400
No.6646
BE!, 0
Fayetteville, Arkansas
March 2000
1
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roc C ClecK
IP,
ge544-1.4 14-00 tab
Project Manual
City of Fayetteville
MICROFILMED
Highway 45 East Water Line
Relocation, Phase 1 '
Bid # 00-29
Fayetteville, Arkansa
March 2000
con oarbeet
AKICA3AS wt%
REGiSTIRED NN4‘
PROWESSIONAL
INEESA040
,,psa No 6646
s eater
Performance Bond
AIA Document A312 - Electronic Format
BOND# 572020
1111S DOC(INIENT 11AS INiroterANT LEGAL. CON/SEQUENCES: coNsuLTATION WITI1 AN ATTORNEY IS ENCOURAGED WITI-I RESPECT TO ITS
CONIITI.TIONI OR NIODIFICAllON. AtrririNTic.ivrioN or IIIIS ELECTRONICALLY DIZAFTED AIA 130CUSIENT MAY RE MAI3E RY USING AIA
111 00C15VIITA I NMI.
.Any singular IC reftlICe l0Coiiiraci, Safely,: OWIICI or ()Ilia P3ily Shall be consitleted plural \\ here upplicable.
1
( ()is! YRACTOR (.Vnine ouricterdress):,
IJUSTIN BRYAN DBA J & L CONSTRUCTION
P. O. BOX 1479
HUNTSVILLE, AR 72740-1479
I 0 1.VNI12 (Num: and Address):
CITY OF FAYETTEVILLE, AR
1
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IH nature:
SUR irry Minnie and Principal Place of Business)
MID—STATE SURETY CORPORATION
76 KERCHEVAL
GROSSE POINTE FARMS, MI 48236
CONSTRUCTION CONTRACT
Date: 4/6/2000
Annint: $106,040.00
*sec ip0011 iNatne anti Lot:anew:
HWY 45 EAST WATER LINE RELOCATION, PHASE 1, BID# 00-29 FOR THE CITY OF FAYETTEVILLE, AR
ItOND
Date (Not earlier than Construction Contract Date): 4/6/2000
AmiunW $106,040.00
Mod i tic a ions 10 this Bond:
T
CONRACTOR .AS PRINCIPAL
Company:
JUSTIN BR409AN & L CO NST UCTION
(Corporate Seal)
Nit me and Ti
1
JUSTIN BAY OWNER
I(Any adtliiiiniiii signatures appear On the last paee)
frine 1A'101?ellATION ONLY - Name, Address rind Telephone)
[XI None
SURETY
Company:
MID—STATE SURETY CORPORATION
1] See Paps
Sienature:
Name and Title
(Cotporate Seal)
1
DANNY SCHNEIDER , ATTORNEY—IN--FACT
IA Gl. NT or 11120KI 12: WALKER BROTHERS INSURANCE, INC.OWNER'S REPRESENTATIVE (Architect Lneincer or other
party):
1
1
A1A DOCTIMENT A3I2. PERFORMANCE BOND AND PAYMENT liOND • DECEMBER 1934 ED. • AIA O. THE AMERICAN INSTITUTE OE
I...owl ittEcts. 1735 NEW YORK AVENUE, N.W., WASHINGTON, DC., 20006-5292 • T11110) PRINTING • MARCH 1987. WARNING; Unlicensed
phoiocopyine, violates 1/.5. cum/lig/1/ laws mil is subject lti 102ill west:onion. 'this duciiiimit osis clectionically puiduced %rill' permission of /he AIA ion/ can be
iciurillucolorilhowilAmomultheithwofespiimionusnmed hclow.
1
Electronic Format A3 12-1984
User Document: A312.CON 12/4/1997. AIA License Number 104405, which expires on 10/31/1998-- Page #1
.1 ke. Contractor and the Surety. jointly and severally, bind
thencelves, their heirs, executors, administrators. successors
,rnd assigns to the Owner For the performance o1. the
construction Contract, %%inch is incorporated herein by
reference.
2 Ir the Contractor performs the Construction Contract, the
Sourly and the Contractor shall have no obligation under this
liond, except to participate in conferences as provided in
Subparagraph 3.1
3 If there is no Owner Dekrult, 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 liticcii clays after receipt of such notice to discuss
methods of perlbrining the Construction Contract. II- the
Owner. the Contractor and the Surety agree. the
Conti:cum shall be allowed a reasonable time to perform
Ike Construction Contract, but such an agreement shall
nOL waive the Owner's right, if any, stibsecnientiv 10
declare a Contractor 1)elatilk, and
3.2 Thc Owner has declared a Contractor Default and
Corm:Illy terminated the Contractor's right to complete the
contract. Such Contractor Default shall not be declared
earlier than (\verity 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 13a1ance or the
Contract Price to the Surety in accordance with the terms
of the Construction C'entract COnilliCIOl selected to
perlorm the Construction Contract in accordance with the
terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of
Paragraph 3. the Surety shall promptly and at the Surety's
expense take one of the following actions
4.1 Arrange For the Contractor, ivith consent of rhe
Oivnei . to perform and complete the Construction
Contract: or
4.2 Undertake to perform and complete the Construction
Contract itself, through as agents or through independent
contractors; or
4.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner For a contract Ihr
perthrmance and completion of the Construction
Contract, arrange for a contract to be prepared 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, ancl pay to the Owner the amount of damages as
described in Paragraph 6 in excess of the 13alance 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 tinder the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as soon
as practicable alter the amount is determined.
tender payment therefor to the Owner; or
.2 Deny liability 111 \thole or in part and notify the
Owner citing reasons therefor.
5 If Mc Surety does not proceed as provided in Paragraph 4
\vith reasonable promptness, the Surer), 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
tient!, and the Oivner shall be entitled to enforce any remedy
available to the OWner. he Surety proceeds as provided in
Subparagraph 4.4, ancl Me Owner refuses the payment
tendered or the Surety has denied liability, in ivhoie 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 Subparagrimh 4.1, 4.2, or 4.3 above. then the
responsibilities of the Surety to the Owner shall not be greater
than those or the Contractor under the Construction Contract.
and the responsibilities of the Owner to the Surety shall 1101 be
greater than those of the Owner under the Construction
Contract. To the limit of ihe amount of this Boni', but subject
ID commitment 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 of the Contractor for correction
of defective work ancl completion or the Construction
Contract;
6.2 Additional legal, design professional and delay costs
resulting from the Contractor's Default, and resulting
from the actions or failure to act of the Surety under
Paragraph 4; and
AIA 130C1INIEN1 .A312. P1341331(MANCII nom) AND PAYNIENT
Altr3IITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON, 13
prIuEto)yICILzviolate> II.S. cop)onlu and is subjeci io legal proses -tin(
icinoducediIIii,III ,iHuI Hie dale Or expo:mon as mined below
User Document' A312.CON 12/-1/1997. AIA License
HOND • DECEMIIHR 1984 ED. • AIA 1D• THE AMERICAN INSTITUTE or
.C., 20006-5292 • TIIIRD PRINTING, • MARCH 1987. WARNING: Unlicensed
in. This ii0C11111elli WilS electronically produced with permission 01. ihe ALA and can he
klectronic Format A312-198-1
Number 104405, which expires on 10/31/1998 -- Page #2
6.7k Liquidated damages, or no liquidated damages are
specilied in the Construction Contract, :Kiwi damages
caused by delayed perlimuance or non-performance 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
Construction Contract, and the 13alance 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, including
changes of time, to the Construetion Contract or to related
subcontncts, purchase orders and other obligations.
9 Any proceeding, legal or equ,itable, under this 13ond !nay
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
VI thin I WO years after the COntractOr ceased working or
within two years after the Surety rellises or fails 10 IN -Jinni] its
obligations under this 13ond, whichever occurs tirst. If the
pmvisions of this Paragraph are valid Of pr011ibiled by law, the
minimum period of limitation available to sureties as a
defense in the jurisdiction of the snit shall be applicable.
10 Notice to the Surely, the Owner Of the Contractor shall be
!nailed (ir delivered to the address shown on the signature
page.
11 When this Bond has been furnished to comply with
a statutoty or other legal requirement in the locatiOn %vhere
the C1)OSIITICII011 WitS If/ be performed, any provision in this
Bond conflicting with said statutory or legal requirement shall
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
be deemed deleted here from and provisions conforming to
such statutory or other legal requirement shall be deemed
incorporated herein. "lhe intent is Mat this Bond shall be
construed as a statutory bond and not as a common law bond.
12 DEFINITIONS
1 2.1 13alance 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 Contractor 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, reduced h II d
a.. Va..r.
proper payments made to or on behalf of the Contractor
under the Construction Contract
1 2.2 Construction Contract: The agreement between the
Owner and the Contractor identified on the signature
including all Contract Documents and changes
Pagel
thereto.
12.3 Contractor Default: Failure of the Contractor,
\vhich has neither been remedied nor waived, to perform
Of othenvise to comply wiih the terms of the Construction
Contract.
1 2.4 Owner Default: Failure of the Owner, \ VhiCh has
neither been remedied nor \Valved. to nav the Contractor
• .
as required by Ole Constniction Contract or to perform
and complete or comply \ vith the other terms thereof.
(Space is provided below tor additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
(Vienatiire:
and Title:
SURETY
Company:
Signature:
Name and Title
(Corporate Seal)
1
AIA nocumErrr A312- PERFORMANCE BOND AND PAYMENT BOND • 1)ECEMIIER. 1984 ED. • AIA 0- THE AMERICAN INSTITUTE 01
..d.cHtrix-rS, 1735 NEW YORK AVENUE. N.W.. WASHIINICION, D.C.. 20006-5292 • THIRD PRINTING • MARCH 1987. WARNING; Unlicensed
plintocippying violates i 1 S. copyright Lost: and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can bc
renniduced ‘vnliimf IIIc date't of exploit ion as noted belt tw.
tlecircai le Format A312-198,1
User Document: A3 1 2.CON 12/4/1.997. AIA License Number 104405, which expires on 10/31/1098-- Page 713
1
1
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Payment Bond
AIA Document A312 -Electronic FormatBOND# 572020
ICON I• RA(_ I OR (Name and .lildr en)
JUSTIN BRYAN DBA J & L CONSTRUCTION
P. O. BOX 1479
IHUNTSVILLE, AR 72740-1479
OWNER (Name Und .idarCSS):
I CITY OF FAYETTEVILLE, AR
1
ICONSTRUCTION CONTRACT
I )itte: 4/6/2000
Amount: $106,040.00
I )escript ion i.vciiite Mid LOCM1010:
i
HWY 45 EAST WATER LINE !RELOCATION ,
,
NOM) i
I1).11 • (N 1 cirlier than Construct ion' Contract Date):
Amount: $106,040.00
Mod i Hum itms to this 13ond:
1 CONIRACTOR AS PRINC:IPA!
company:
JUSTIN BRYAN DB
1
PHASE 1,
4/6/2000
(Corporaie Seal)
& L CONSTRUCTION
Nanie and Title
1
1
JUSTIN BRY OWNER
(Any additional signalllres appear on the last page)
It F(J/? INFORMA770N ONLY - Name, :(dtkess owl Telephone)
SURirry (Name and Principal Place of 13113inesst:
MID—STATE SURETY CORPORATION
76 KERCHEVAL
CROSSE POINTE FARMS, MI 48236
BID# 00-29 FOR THE
CITY OF FAYETTEVILLE,
AR
Da None ) See PatLc
SURI71.11
Company: (Corpora( c Seal)
MID—STATE SURETY CORPORATION
Signature:
Namem("e: DANNY L. SCHNEIDER,ATTORNEY—IN—FACT
1
1
•
or BROKFR:WALKER BROTHERS INSURANCE, INC. OWNER'S REPRESENTATIVE (Architect, Engineer nr other
party):
AIA DOC UMEN I A312- PERFORMANCE 130N1) ANI) PAYN4EN I BONI) • DECEMBER 1984 ILD. • AIA 49- THE ASHERICAN 11411'111D 1 L. 03
ARCHITECTS, 1735 NEW YORK AVE' 1.111, N.W., WASHINGTON, D.C., 20006-5292 • "limn PRINTING • MARC! 1987. WARNING; linlicens44
Iphoincopying ymIziles U.S. copyright laws and is subject to legal plosectition. This 110C.11111C111 was electronically produced under license number 296000035 and Can
lit7 lillilltilleCti Will1/111( VII)I;ILI(111 until 02/011)6.
1
1.1cMifirlic Founat A312-1984 Use Document: A31 2.CON 12/4/1097. AIA License Number 104405, which expires on 10/3
1 lic (:ontractor and the Sure y, jointly am.' severally biml
themselves, their heirs, executors, administrators, successors
and assigns to the Owner to pay for labor, it-tau:vials and
equipment furnished for use in the performance of the
Construction Contract, ‘vhich is incorporate(' herein by
reference.
2 \Vitt] respect to the ()wrier, this obligation sh II 1)e null
and void ilthe Contractor:
2.1 Promptly makes payment, (Needy or indirectly. for
till sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner
from claims, demands, liensor suits by any person or
entity whose claim, demand, lien or suit is for the
payment for labor, i11aterials1..or equipment furnished for
use in the peril -it -mance of 'the Construction Contract,
provided the Owner has promptly nod lied the Contractor
and the Surety (at the address described in Paragraph 12)
of any claims, demands, liens or suits and tendered
defense of such claims, demands. hens or suits to the
Contractor and the Surety, and provided there is no
Owner permit.
3 \Vith respect to Claimants, this obligation shall be null
I; uul void if the Contractor promptly makes payment, directly
01 indirectly, for all SUMS due.
I4 The Surety !diall have no ol)F.galiGn 10 Clainiants under
this 1 tond until:
4.1 Claimants who tire emplovcd hy or have a direct
contract with the Contractor have given notice to die
Surety (at the address describk.-(1 in Pat ...,;ropli 12) and
sent a copy, or notice thereof, to the Owner, stating that a
claim is being made under this Bond and, with substantial
zit:curacy, the amount of the elan)).
4.2 Claimants who do not have a lirect contract ‘Villi he
Contractor:
.1 llave furnished \venter) notice to the Contractor
and sent a eopv, or notice thereof, In ihe Owner,
villiin 90 days after having last performed labor
or last lin niSlied materials or equipment
included in the elaim stating, \ vith substantial
accuracy, the amount of the claim and the name
or die party to ‘vhoin the materials were
Molished or supplied or for whom the labor was
done or performed; and
.2 I lave either receivedLan rejection in whole or in
pan from the Commit:tor, or not received within
30 days of furnishing the above notice any
communication from the Contractor by which
the Contractor has indicated the claimh
w...
paid directly or indirectly: and
.3 Not having been paid within the above 30 days.
have sem a written notice to the Surety (at the
address described in Paragraph 12) and sem a
copy, or notice thereof to the Owner, stating
Mai a claim is being made tinder this I3ond and
enclosing a copy of the previous written notice
furnished to the Contractor.
5 If a notice required by Paragraph -1 is given by the Ovener
to the Contractor or to the Surety, that is sufficient
compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the Surety's
expense take the followin2 actions:
6.1 Send an answer to the Claimant. with a copy to the
Owner, within 15 days after receipt 01 the claim, stating
the amounts that are undisputed and the basis for
challenging any amounts Mar are disputed.
6.2 l'av or arrange for payment of ail>: undisputed
amounts
7 The Surety's total obligation shall not exceed (Ile amount
of this Bond, tind the amount of this Bond shall be credited
for any payments made in good thith by the Surety.
8 Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of the
Construction Contract and to satisfy claims. IF any. under :VW
Construction Peribrmance Bond. By the Contractor
furnishing and the Owner accepting this 13ond, 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
OwnertS priOrily 10 use the funds for the completion of the
work.
9 The Surely shall 1101 be liable to the Owner, Claimants or
others for obligations or the Contractor lila! are Unrelated to
the Construction Contract. The Owner shall not he liable for
payment of any costs or expenses of any Claimant under this
13a id and shall have under this Bond no obligations to make
payments 10, give notices on behalf of, or otherwise have
obID.ations to ClaintholS under litiS Bond.
10 The Surety hereby waives notice of any•chau,,e, including
changes of time, to dle Construction Contract or to related
subcontracts, purchase orders and other obligations.
',IA DOCIINIIIITI Al 12. PERFORMANCE 110f1D AND 1•AYMENT 110141) DECENMER 19K.1 El). • .AIA ilt> 'rill, AMERICAN INSTITITIE OF
ARCIIITECAK, 1735 NEW YORK AVENUE, NAV., WASHINGTON, D.C, 20006-.5292 • TIMM P14IN1INC1 • MARCH 1987. WARNING; Unlicensed
Iohowcopying violates 11S. copyright laws :Hal is subject to legal prosecution. This document was electronically produced under license number 296000035 and can
Lc reproduced %cilium' violation I imil 02/01/96.
I deciroine Formai A3 I 2- 19K.I User Document A312.CON -- 12/4/1997. Ali\ License Number 104405, which expires on 10/3
•
11 N :Wit or action shall be cinnineticed by a Claitmint
iritlti Ii, 1300LIldlier in a court of competent jurisdiction
in the location in which dic \void: or part of die work is located
or after the expiration of one year from the date (I) on which
the Claimant gave the notice required by Subparauraph 4.1 or
Clause 4.2.3, or (2) on which the last labor or service was
performed bv anyone 01the last materials or equipment were
furnished I,v anyone tinder the Construction Contract,
‘vhichever of (1) or (2) first occurs. If the provisions of this
Paragraph tire void or prohibited hy law, the minimum period
of limitation available to Stlieties as a defense in the
jurisdiction of the suit shall be applicable
12 Notice to the Surety, the Owner or the Contractor shall be
mailed or delivered to the address liowit on the shmature
page. )1 mai receipt of notice by Surety, the Owner or the
Contractor, however accomphshed, shall be sufficient
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 leu.al requirement in the location \where the
construction ‘vas to he performed, any provision in this Bond
conflicting with said statutory or legal requirement shall be
deemed deleted hen:from and provisions conforming to such
statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall he
construed as a statutory bond ancl not as a common law bond.
14 i Mon request by any person or entity appearing to be a
potential heneliciary of this Bond, the Contractor shall
MODIFICATIONS TO THIS 130N0 ARE AS FOLLOWS:
promptly furnish a copy of this Bond or shall perm t 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 equipment
for use in the performance of the Contract. The intent of
this I3ond shall be to include ‘vithout limitation 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 Constniction 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 Constniction Contract: The agreement between the
Owner and the Contractor identified on the signature
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 Contractor
as required by the Construction Contract or to perform
and complete or comply with the Other terms thereof.
(Space is provided below for itdditional signatures of added parties, other than those appearing on the cover pime.
CONTRACTOR AS PRINCIPAL
Company. (Corpoi ate Seal)
nattirc:
Milne ti ol tide:
1
SURETY
Company:
(Corporate Seal)
DOCUMENT A312. PERFORMANCE BOND AND l'AYNII:NT BOND • DECEMBER ED. • AIA OD• THE AMERICAN iNsTrruTE OF
A131:1111•12.11 IS. 1735 NEW YORK AvErmr., N.W., WASHINGTON, D.C., 20006-5292 THIRD PRINTING • NIARCH I 9S7. WARNING; Unlicensed
idititoctio5 ing violates 335copy itdit laus and it subject 10 legal prosecution. 1 -his 11001111011 was electronically produced under license number 296000035 and can
' • ci I • • I t I. t' 1102/01/911.
LlecIrkwie A Al2-1984 User 13ocument: A312.CON 12M/1007. AIA License Nurnber 1044051 which expires on 10/3
1
1
•
IKnow All Men By These Presents:
That the MID -STATE SURETY CORPORATION, a corporation of the State of MICHIGAN, having its principal office in the City of Grosse Pointe
Farms, Michigan pursuant to authority granted by a resolution of its Board of Directors, which reads as follows:
MID -STATE SURETY CORPORATION
GROSSE POINTE FARMS, MICHIGAN 48236
POWER OF ATTORNEY
572020
IIIThe President, the Vice President, or the Treasurer of this Corporation shall have authority to appoint in writing such attomeys-in-fact, as the
business of the Corporation may require, and to authorize such attorneys -in -fact, and each of them to execute on behalf of the Corporation, any
'bonds, recognizances, stipulations, contracts of indemnity and other undertakings of like character, or to exercise any lesser number of said powers
Ilas hereinbefore set forth.
1"Said appointments shall be attested by the Secretary or a Vice President of this Corporation under its seal. The signature of the Secretary or any
Vice President to certified copies of such powers of attorney may be original or facsimile, and when the corporate seal is affixed thereto, any third
party may rely on said certified copie., of powers of attorney as the act and deed of this Corporation. The President, the Vice President, or Treasurer
Imay revoke any appointment made pursuant hereto, and revoke any and all authority conferred by any such appointment"
'does hereby nominate, constitute and appoint
JACQUE L. LINDSEY , KENNETH L. GALLOWAY, ADRIAN W. LUTTRELL , DANNY L. SCHNEIDER
IAND BILLY E. BENNETT , JR. EACH OF SPRINGDALE, AFtRANSAS
its true and lawful Attomey-in-Fact, to make, execute, seal and deliver for and on its behalf, as Surety, and its act and deed.
ccordance with its charter, and to bind MID -STATE SURETY CORPORATION, thereby, and all of the acts of said Attomey-in-Fact, pursuant
ny and all bonds in an amount not exceedin' g $10,000,000.00 in any single instance, for or on behalf of this Company, in its business and in
to these presents, are hereby ratified and confirmed.
ILWITNESS WIffiEtEOF, MID -STATE SURETY CORPORATION of Grosse Pointe Farms, Michigan, has caused these presents to be signed
by its proper officer.
Ind its corporate seal to be hereunto affixed this 10th day of June , 19 94..
1
ITATE OF MICHIGAN, COUNTY OF WAYNE
On this 10th day of June A.D. 19_14_, personally came before me JOHN J. BARRY, tome known to be the individual and officer Of the M1D-STATE
1 URETY CORPORATION of Grosse Pointe Farms, Michigan, who executed the above instrument, and acknowledged the execution of the same, and being by
c duly sworn, did severally depose and say that he is the said officer of the Corporation aforesaid and the seal affixed to the above instrument is the seal of the
rporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board
of Directors of said Corporation.
1
I
,the undersigned, Vice President of the Mid -State Surety Corporation of Grosse Pointe Farms, Michigan, a Michigan corporation, DO HEREBY CER rIFY that
the foregoing Power of Attorney remains in full force and has not been revoked, and furthemmre that the provisions of the By -Laws of the company and the
Iesolutions of the Board of Directors set forth in the Power of Attomey, are still in force.
,
Signed and sealed at the City of Grosse Pointe Farms this day of
leal)
1
cv .71
DEBORAH ANN WYNN No ic
Notary Pubfie, Oaktand•County,
My Commission Expires 14ldimansatvgas-Aiw-2.-4899---
19
V
JO 'HA.PRYS,Vl
ACCRD
.. lTIEVIDENCE:OF:::PROPERTTINSURANCE.:tsk<sw.:.:.:.:.:.:.:
NSURANCE AS IDENT FIED BELOW HAS BEEN
AFFORDED UNDER THE POLICY.
ISSUED, IS
IN
FORCE, AND
CONVEYS
ALL THE
DATE (MM/DIWY)
......
THIS IS EVIDENCE THAT
RIGHTS AND PRIVILEGES
RODUCER
Walker
Bros. Insurance,
Box 2045
AR 72765-2045
Schneider,
P.4°11EITAx 501-751-4677/501-751-511C
VOC.ft.ext)
CMPANY
Harleysville Insurance
Attn: Debbie Hepner
355 Maple Avenue
Harleysville PA 19438-2297
Inc.
CIC
m.O.
.pringdale
Fanny
CODE: 83-9366
SUB CODE:
• GENCY
USTOMER ID LA 116WC0-1
SURED
J & L Construction
Justin Bryan dba
PO Box 1479
Huntsville AR 72740-1479
I
LOAN NUMBER
POLICY NUMBER
MPA3E6901
EFFECTIVE DATE
04/06/00
EXPIRATION DATE
04/06/01
CONTINUED UNTIL
TERMINATED IF CHECKED
THIS REPLACES PRIOR EVIDENCE DATED:
• ROPERTY:INFORMATION:::::::::::::::::::::::
OCATION/DESCRIPTION
001
General Contractor
wy 45 E Water Line Relocation
ayetteville AR 72701
OVERAGEINFORMAfiONH&H
COVERAGE/PERILS/FORMS
AMOUNT OF INSURANCE
DEDUCTIBLE
i:uilders Risk - All Risk
106040
500
. . ..
-,PP;1719/.4:::::::::::::*HH*.::::::::*.HH:::::**:::::::::::::::hg.:H*KH::*:-.:**
THE
POLICY
WRITTEN
INTEREST,
POLICY
BE
IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY
TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW
NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD
IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW.
v
PERIOD. SHOULD
IMAYS
THE
AFFECT THAT
AME AND ADDRESS
City of Fayetteville
113 W. Mountain Street
Fayetteville AR 72701
I
..........
X
. .
MORTGAGEE
LOSS PAYEE
ADDITIONAL INSURED
LOAN
#
t
AUTHO
Danny
REPRESENTATIVE
CIC
_ . ....,..
Schneide