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HomeMy WebLinkAbout04-01 RESOLUTION1l RESOLUTION NO. 4-01 A RESOLUTION AWARDING BID NO. 00-79 IN THE AMOUNT OF $1,982,600 TO HARRISON DAVIS CONSTRUCTION CO. OF FAYETTEVILLE FOR THE CONSTRUCTION OF THE FAYETTEVILLE SENIOR CENTER; 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. 00-79 in the amount of $1,982,600 to Harrison Davis Construction Co. of Fayetteville for the construction of the Fayetteville Senior Center; and authorizes the Mayor and City Clerk to execute an agreement for said amount. A copy of the agreement 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 $78,083 increasing Building Cost, Acct. No. 4470 9470 5804 00, Project 96092 1 by decreasing Payments by Property Owners, Acct. No. 4470 0947 4420 00. A copy of the budget adjustment is attached hereto marked Exhibit "B" and made a part hereof. PASSED AND APPROVED this 16'h day of January , 2001. iso By: 77 l ally !ce eather Woodruff, City rk APPROVED: By: NAME OF FILE: • CROSS REFERENCE: 10. 4-D/ _ 9, -6z Date Contents of File Initials 0l-/to-Dt 1247.izita-,c /l/a. 4-/ /- /LM 62- (4 0y/rdv>yrzaz20 /-%o/ fo gy ,iUU 4- /t ta7(7) / / ham' / A- /9 -at://m ,` A/ �ue27 6-27 /G.-l�' jf_, 4/4 doe" .c,,„.7,--;,, /6 0 1 I..4z,.-- ift00-71-.7 .-rte, /-,1,5-o/ .airy_ , . i epte, . 4, 2' , _.___,-s--,=,-147 a-Afz2S/nr)f);( ) al fll / 1 FAYETTEVILLE THE CITY OF FAYETTEVIIIE. ARKANSAS DEPARTMENTAL CORRESPONDENCE $LA ilyrie4 DTC/ //y/ rvneaty MICROFILMS' ., •/ ddw`ri san D0015 TO: Heather Woodruff City Clerk FROM: Minor Wallace Building Construction Project Manager DATE: February 2, 2001 RE: Fayetteville Senior Center at Waxhaws I am enclosing for your information and files the Original Copies of the Performance Bond, the Payment Bond, and Certificate of Insurance. The Bonds have been recorded with the Circuit Clerk of Washington County. • By a copy to Peggy Vice, I am asking her to verify that these documents are adequate to issue a Notice to Proceed to the General Contractor. xc: Don Bunn Don Hancock Files • • PERFORMANCE BOND • C000772310 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): HARRISON DAVIS CONSTRUCTION CO., INC. 1931-A DEANE STREET FAYETTEVILLE, AR 72703 SURETY (Name and Principal Place of Business): CAPITOL INDEMNITY CORPORATION P.O. BOX 5900 MADISON, WISCONSIN 53705-0900 OWNER (Name and Address): CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE, AR 72701 CONSTRUCTION CONTRACT Date: JANUARY 9, 2001 Amount: $1,982,600.00 Description (Name and Location): FAYETTEVILLE SENIOR CENTER AT WAXHAWS SOUTH COLLEGE AVENUE FAYETTEVILLE, AR O r N • c_ co 2 Z ri r!1 -1 —I c rn v : n 0 O O F--. O BOND Date (Not earlier than Construction Contract Date): JANUARY 15, 2001 Amount. $11982,600.00 Modifications to this Bond: Et None ❑ See other side CONTRACT AS PRINCIPAL Company: (Corporate Seal) HARRISON DAVIS CONSTRUCT IIN CO., INC. Signature:—i,/,/i Name and Title: 1/74e/CtS ir/ -b 4 zrs SURETY Company: CAPITOL Signature. (Corporate Seal) IffNI111 �LCaOiRPORA �ON % 1 o J1 A/ Name and Title:CARLA S. HOLLIS ATTORNEY-IN-FACT (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: ALLEN -SMITH INSURANCE, INC. P.O. BOX 251510 LITTLE ROCK, AR 72225 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): DARYL S. RANTIS, ARCHITECT, P.A. 380 WEST ROCK STREET FAYETTEVILLE, AR 72701 Printed in cooperation with the American Institute of Architects (AIA) by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A312 - Performance Bond - December 1984 edition. 29 gt- 1 The Contractor and the Surety, jointly and s rally, bind themselves, their heirs, executors, adminict tors, successors and assigns to the Owner for the performance of the ConsWction Contrac ch is incorporated herein by reference. 2 If the Contractor performs the Construction ontract, 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 Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable 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 declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 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 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, with consent 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 contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract; arange 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, and pay to the Owner the amount of damages as described in Paragraph 6 in excess 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 determined, 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 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 and 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 of the Construction Contract, the Surety is obligated without dulication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of 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 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance 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 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, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 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 occurs first. 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 applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been fumished 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 conforming 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 Contractor or 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 by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including alt Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform 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 Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) PAYMENT BOND C000772310 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): HARRISON DAVIS CONSTRUCTION CO., INC. 1931-A DEANE STREET FAYETTEVILLE, AR 72703 SURETY (Name and Principal Place of Business): CAPITOL INDEMNITY CORPORATION P.O. BOX 5900 MADISON, WISCONSIN 53705-0900 OWNER (Name and Address): CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE, AR 72701 CONSTRUCTION CONTRACT Date: JANUARY 4, 2001 Amount:$1, 982, 600.00 Description (Name and Location): FAYETTEVILLE SENIOR CENTER AT WAXHAWS SOUTH COLLEGE AVENUE FAYETTEVILLE, AR BOND Date (Not earlier than Construction Contract Date): JANUARY 15, 2001 Amount: $1,982,600.00 Modifications to this Bond: X None See other side CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) HARRISON DAVIS CONSTRUCTION CO., INC. Signatur ___� Name and Title: ///fe/et2 t5o../ 1bo4 ZS 5C2bF•rC SURETY Company: (Corporate Seal) CAPITOL INDEMNITY CORPORATION ..-. C�Qc 9, 140901N Signature: Name and Title: CARLA S . HOLLI S ATTORNEY-IN-FACT (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: ALLEN -SMITH INSURANCE, INC. P.O. BOX 251510 LITTLE ROCK, AR 72225 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): DARYL S. RANTIS, ARCHITECT, P.A. 380 WEST ROCK STREET FAYETTEVILLE, AR 72701 Printed in cooperation with the American Institute of Architects (AIA) by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A312 - Payment Bond - December 1984 Edition 2V_ -/f3 • • • 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 fumished for use in the performance 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 claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified 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, 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 it the Contractor promptly makes payment, directly 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 substantial 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 Contractor 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 materials 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 within 30 days of fumishing 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 Pargraph 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 fumished 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 compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense 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 challenging 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 performance of the Construction Contract and to satisfy claims, it any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds eamed 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 unrelated 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 obligations 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, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 .No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction 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 Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials 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 applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contactor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been fumished 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 vnth said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming 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. 14 Upon request by any person or entity appearing to be a potential benefidary 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 equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms labor, materials or equ pment that part of water, gas power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items fo 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 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. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: INDEMNIft CORPORATION 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON, WI 53705-0900 PHONE (608) 231-4450 • FAX (608) 231-2029 POWER OF ATTORNEY No: 560598 Know all men by these• Presents, That the CAPITOL INDEMNITY. CORPORATION, a ' corporation of the State of Wisconsin, having its principal offices in the. City of Madison, Wisconsin, does make, constitute',' and appoint ,. . . ------ CHARLES M. ;ALLEN, G. ROBERT SMITH; SHERRI L.. MOSS, CARLA S HOLLIS ---- --- ` T -------------.--- ----- DALE E.`TEMPLE (North Little Rock, AR) --------- ------ Its true and lawful Attorney(s)in-fact, to.make, execute, seal and deliver_for and on its behalf, as surety, and as its act and' deed, any' and all bonds, undertakings and:contracts of suretyship''provided that no bond or undertaking or.'contract of:' suretyship•executedunder'this authority shall exceed In amount the'sum of . , -- NOT TO EXCEED, $3;000;000.00 - ---- This Power of Attorney is granted and is.signed;and sealed' by facsimile under and by the authority of:the, following Resolution adopted by the Board of Directors;of CAPITOL: INDEMNITY CORPORATION at a meeting duly called and held..'.. on the 5tti day:of,May 1960: - . - RESOLVED that the President and Vice -President; the Secretary oiTreaswer actinbyg individually or o herwise; be and the • y hereare granted the power and.authonzetionao appoint by a Power Of Attorney for the purposes only efexecutfng and attesting bonds and,undertakmgs .and other wrtings'obligatdr mthe'' ••;anature thereof; one:or more'residentvice-presidents; assistantsecretatiesand attorneys) -in -fact, each appointee to.have the 4powers'.and duties usual to such.+: "-offices to the business of•this company; the signature of such officers -and seal of the•Company may be affixed to any such power of attomeyor te'enypertificate- , relating thereto by facsimile, and any such power of attorney or' certificate, bearing'such facsimile signatures o facsimile: seal shall be valid' and binding upon the -, Company; and any such, power so executed and certified by facsimile signatures and: facsimile seal shall bevalla and binding upon the Company in the future with i •'respect toiany bond er undertaking or other writing obligatory in the nature thereof to which•it is attached: Any such appointment may be revoked; for -cause,. or: •' without cause, by any ofsaid off cars, at any time.' • - .'f 1 IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents tobe;signed by'. its -officer undersigned and its corporate seal to be hereto affixed duly. attested by its Secretary, this 1st day'of'June0999w^ CAPITOL INDEMNITY CORPORATION . sAttest: ' • : , A . :,.... // r; Virgiline.M. Schulte,. Secretary • STATE OF WISCONSIN On' the 1st day of June,A:D., 1999, before me personally, came: George A Fait, to me known, who being by me duly Sworn, d d depose and say. that 'he resides in the County -of :Dane,'State of Wisconsin; that he is the• Presftle'ntL'of!;, ,CAPITOL INDEMNITY CORPORATION, the corporation described:•n and which executed: the above instrument \ttiat he knows the seal of the said corporation; that the seai affixed to'said instrument is such corporate seal; that it was so;atfixed ,by order of. the Board of Directors of.sad corporationand,that he signed his name thereto by like order. • ,�'• STATE:OF WISCONSIN ) `�c��anluilfau4/oa� COUNTY OF DANE • • .JANE F -ENDRES AAv Ne' .�4mmm CERTIFICATE ' • Jane F. Endres • Notary Public; Dane Co.,Wl• My Commission Expires March.23, 2003; I, the undersigned, duly elected to the .office ,stated below, now the incumbent in CAPITOL;•INDEMNITY ':CORPORATION, a Wisconsin Corporation,, authorizedto:make this certificate, DO HEREBY CERTIFY that_the foregoing ,attached Power of Attorney remains in full fore and.has not,been revoked; and furthermore that the Resolution of the 'Board of Directors, set forth in the Power of Attorney Is;now in force..' ISth' Signed and sealed at the City of Madison: Dated the day of January 2001 • , 4JMn rr ro Vt. �/O/�/��"�r�WV✓ kp` o . RE CORPORATE F - 3; SEAL zi 1 /, This power is valid only if the power of attorney number printed ina the upper right hand corner apears in red. Photocopies, carbon copies or other reproductions are not binding on the company. Inquiries concerning this power of attorney may be directed to the Bond Manager at the Home Office of the Capitol Indemnity Corporation. Treasurer AOOItik® CERTIFICATE TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE DATE (MMIDDnYI !F LIABILITY LIMITS A GENERAL LABILITY CER739422 INSURANC& 03/01/01 EACHOCCURRENCE f 500,000 DATE (MAUDDIW) 01/15/01 PRODUCER Allen -Smith Insurance, Inc. 92 E.56th Place,P.O.Box 94009 North Little Rock, AR 72190 (501) 753-9092 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Hanson Davis Cont Co.Inc 1931-A Deane Street Fayetteville AR 72703 I INSURER A: C G U INSURER B: INSURER C: INSURER 0: INSURER E: COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TR TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE DATE (MMIDDnYI MATIVJI Q b POLICY EXPIRATION DATE IMMNDM1 LIMITS A GENERAL LABILITY CER739422 03/01/00 03/01/01 EACHOCCURRENCE f 500,000 X COMMERCAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 500,000 GENERAL AGGREGATE $ 1,000,000 GENt AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMPgP AGG $ 1,000,000 POLICY 1 JEC 1 ILOC A AUTOMOBILE LIABR.ITY CEAT79099 3 03/01/00 03/01/01$ COMBINED SINGLE LIMIT (Ea acddont) 1,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ X SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Per arndent) $ X NONOWNED AUTOS PROPERTY DAMAGE (Peraccident) $ GARAGE LABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A LABILITY CEpy41772 03/01/00 03/01/01 EACH OCCURRENCE $ 1,000,000 �EXCESS X OCCUR CLAIMS MADE AGGREGATE $ 1,000,000 f DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LABILITY CEH1889484 03/01/00 03/01/01 TORYSIIIMRS Tq CM- E.L EACH ACCIDENT $ 500,000 E.L DISEASE - EA EMPLOYEE $ 500,000 E.L DISEASE - POLICY LIMIT $ 500,000 A OTHER Builders Risk - Reporting Form - Special Form $1,000 deductible CER739391 03/01/00 03/01/01 Any One Job 1,900,000 Temporary Storage 100,000 Transit 100,000 DESCRIPTION Fayetteville Fayetteville, OF OPERATIONS20CATI0NSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Senior Center at WAXHAWS, South College Avenue, Ar ADDITIONAL INSURED INSURER Liu LER: City of Fayetteville (3) Fayetteville AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. i REP AUG. Robe G. Robe MATIVJI Q b f ACORD 25-S (7)97) I 0 ACORD CORPORATION 1988 FAYETTEVILELE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE \in�k��� `aV1I R OF7LME» Rutio04 MEMORANDUM TO: Dan Coody, Mayor FROM: Coy Hurd, Project Manager RE• Senior Center structure DATE- April 8, 2003 Please accept this background information regarding the new Senior Center and questions of the structural integrity of the building To the best of my recollection, Daryl Rantis was on the job and inspecting the work dunng all structural work in this building. He hired Butch Green (a licensed engineer) to further inspect the building and to give his opinion regarding the reliability of the structure. Mr. Green spent many days looking at the structure and work activity during the time that the roof was to receive the load of the deck and shingles. During this time, Mr. Rantis never expressed any reservations about the structural integrity of the Center. Because cylinders of concrete were not taken by the contractor (nor the mix company) during some of the work, it was determined that further testing should be done so that there would be no question about the state of the slabs and the bond beams in the walls. Windsor Probe Tests were accomplished to this end, and the results were that the concrete met or exceeded the specifications and that there was no apparent threat to integrity of the building. I attended several meetings where Mr. Green was present. On four separate occasions, people asked very pointed questions to Mr. Green regarding his opinion of the building's structure. On each of these four occasions, Mr. Green replied that the building was structurally sound, and that (judging from his many hours of inspection and observation) there were no problems of that nature. The structure of the building was finished and approved before Mr. Rantis resigned from the project. His last communication of which I am aware is a document labeled "Remedial Action." This document is a list of items found to "need additional work, replacement and repair." Nowhere in this eleven item list do any structural issues appear. The items relate to soffit, fascia, and window frames. One item relates to cracks on the external deck. There has been no deviation from Mr. Rantis' structural plans or specifications. FAYETTEVIoLE THE CITY OF FAYE TEVIL LE, ARKANSAS 2e4 -0Q --a7 /I ;wD - Noyyinber 21, 2002 Harrison Davis Construction 1931-A Deane St. Fayetteville, AR 72703 Mr. Harrison Davis This letter will serve as a reminder to you of our conversation at 8:15 a.m. on the morning of November 21, 2002. Present in the room were Coy Hurd, project manager for the City; Kit Williams, City Attorney; Dan Coody, Mayor. From your company were J.W. Grubb, Ben Smith, and yourself, Harrison Davis. I believe I was perfectly clear about the situation. After too many conversations about the slow pace, poor quality of the construction, missed deadlines, unacceptable and dangerous jobsite conditions, we have reached the last straw. You told the City Council in June 2002 that the job would be completed in October or November of this year when you were already far behind schedule. This morning you told us that you would be finished in 10 to 12 weeks from today. Based on your assurances, that would put your latest date of completion between 2/06/2003 and 2/20/2003, which is over a year from the original date of completion. The City of Fayetteville has given you this ultimatum: If the job is not finished, with the quality workmanship we expect, by 5:00 p.m. on 3/31/2003, YOUR COMPANY WILL BE FIRED FROM THE JOB AND YOUR BOND WITH CAPITOL INDEMNITY CORPORATION WILL BE CALLED. This letter does not void or diminish any contractual remedies that already exist for the City concerning the completion of this protect. This letter will serve as the only notice you will receive concerning this last and final warning I am having Mr. Hurd hand deliver a copy for you to keep and one for you to initial to be returned to us. Very Sincerely, Dan Coody Mayor ozz. arrison Davis Date cc. Janet Unebaugh, Director, Council on Aging Kit Williams, City Attorney David F. Pauly, President, Capitol Indemnity Corp. 113 WEST MOUNTAIN 72701 479421-7700 FAX 4794768757 ACORDn CERTIFICATOOF LIABILITY INSURAIIIIIE 0f/17/200 I1 TR PRODUCER (501)664-7728 Mark V. Williamson 1910 N. Grant, Little Rock, FAX (501)664-6285 Co Inc. Suite 200 AR 72207 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Roberts -McNutt, Inc. P.O. Box 17756 N. Little Rock, AR 72117 INSURER A: - Security National Insurance Company CPA7093671 INSURER B: Trinity Universal Insurance Company X INSURER C: -- - _ _- INSURER D: INSURER E: CLAIMS MADE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDIN - ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I1 TR NSADD C TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDT/YY% E PDATE MOLICY PDONYIIN LIMITS A GENERAL LIABILITY CPA7093671 10/23/2002 10/23/2003 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED RNTmmt $ 100, 000 CLAIMS MADE X OCCUR MED EXP (My one person) 5 5,000 $ 1,000,000 X Contractual PERSONAL 8ADV INJURY X Blanket GENERAL AGGREGATE $ 2,000,000 GEN_ AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 A O - n POLICY JE T LOC A AUTOMOBILE LIABILITY CA7093672 10/23/2002 - - 10/23/2003 - . COMBINED SINGLE LIMIT (Eaacddent) $ 1,000,000 X ANY AUTO ALL OWNED AUTOS-� BODILY INJURY (Per person) $ - _ _ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Per acWent) .. $- X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGELIABILTTY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS/UMBRELLALIABILITY U07093673 10/23/2002 10/23/2003 EACH OCCURRENCE $ 4,000,000 X OCCUR CLAIMS MADE AGGREGATE $ $ 4,000,000 DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? PEdescribe under SPECIAL IAL PROVISIOIO NS below WC STAN- TORN IMIT� OTH- FR E.L. EACH ACCIDENT $ E L DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A OTHER Leased/Rented Equipment Inland Marine Coverage CPA7093671 10/23/2002 10/23/2003 $250,000 $250 Limit Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Job Reference: NWR47 SANG Senior Center CERTIFICATE HOLDER CANCELLATION City of Fayetteville RM 306 113 West Mountain Fayetteville, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE M.S. Williamson/SOW ikrich ACORD 25 (2001/08) @ACORD CORPORATION 1988 ACORct CERTIFICATE OF LIABILITY INStS CE DATE M 3DIYY) "bnoouDER -'''" Rebsamen Insurance/LRK 1500 Riverf rent Drive THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 3198 COMPANIES AFFORDING COVERAGE Little Rock, AR 72203-3198 (501) 661-4800 COMPANY A Comp Trust AGC of Arkansas INSURED Roberts -McNutt, Inc. COMPANY B P.O. Box 17756 North Little Rock, AR 72117-7756 COMPANY C 1 COMPANY D ' COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELO W HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIC V PERIOD INDICATED NOTWITHSTANDING ANYREOUIREMENT,TERMORCONDITIONOFANYCONTRACT OR OTHER DOCUMENTWITHRESPECT TOWHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYY) POLICY EXPIRATION DATE (MMIDDITY) LIMITS GENERAL LIABLITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO $ CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ OWNER'S & CONTRACTORS PROT EACH OCCURRENCE $ FIRE DAMAGE (Any one lire) $ MED EXP (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY S NON.OWNED AUTOS (Per accident) PROPERTY DAMAGE S GARAGE LIABLITY AUTO ONLY • EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE 4 EXCESS LIABLITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ A WORKERS COMPENSATION AND CT010103F 1/01/03 1/01/04 X WC STATU. TORY LIMITS OTH EA EMPLOYERS' LIABLITY EL EACH ACCIDENT 3 1,000,000 iME PROPRIETOR/ PARTNERS/EXECUTIVE INCL EL DISEASE -POLICY LIMIT $ 1,000,000 OFFICERS ARE: EXCL EL DISEASE -EA EMPLOYEE 3 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONBIVEHICLESISPECIAL ITEMS Project: NWR47 - Sang Senior Center CERTIFICATE HOLDER Clty of Fayetteville 113 W Mount• l n, Room 306 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Fayettev 111 e, AR 72701 BUT FAILURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF AN 1' • UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ACORD 25S (1/98) . AUTHOR D REP ES NT ; E •/ohn Gerety - CORD CORPORATION1985 CERTIFICATE: 015/001/ 01250 • • • PERFORMANCE BOND — C000772310 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): HARRISON DAVIS CONSTRUCTION CO., INC. 1931-A DEANE STREET FAYETTEVILLE, AR 72703 SURETY (Name and Principal Place of Business): CAPITOL INDEMNITY CORPORATION P.O. BOX 5900 MADISON, WISCONSIN 53705-0900 OWNER (Name and Address): CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE, AR 72701 CONSTRUCTION CONTRACT Date. JANUARY 4, 2001 Amount. $1,982,600.00 Description (Name and Location): FAYETTEVILLE SENIOR CENTER AT WAXHAWS SOUTH COLLEGE AVENUE FAYETTEVILLE, AR F—• r rn 0 ,1 0 m 0 0 BOND Date (Not earlier than Construction Contract Dater JANUARY 15, 2001 Amount: $1,982, 600.00 Modifications to this Bond: ® None ❑ See other side CONTRACT AS PRINCIPAL Company: (Corporate Seal) HARRISON DAVIS CONSTRUCTION CO., INC. Signature: adelowcrif Name and Title: %r<iQieRr'S vte-/ 4-47=5 SURETY Company: (Corporate Seal) CAPITOL IIAEMNITEIN CORPORATION Signature: '� a �--1 0 Name and Title:CARLA S . HOLLIS ATTORNEY—IN—FACT (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: ALLEN -SMITH INSURANCE, INC. P.O. BOX 251510 LITTLE ROCK, AR 72225 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): DARYL S. RANTIS, ARCHITECT, P.A. 380 WEST ROCK STREET FAYETTEVILLE, AR 72701 Printed in cooperation with the American Institute of Architects (AIA) by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A312 - Performance Bond - December 1984 edition. 1 The Contractor and the Surety, jointly and se y, bind themselves, their heirs, executors, adminis•s, successors and assigns to the Owner for the performance of the Construction Contract, w is incorporated herein by reference. 2 0 the Contractor performs the Construction Contract, theSurety 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 Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable 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 Contractors right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 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 theConstruction Contract or to a contractor selected to perform 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, with consent 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 contractors acceptable to the Owner for a contract for performance 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, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractors 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 determined, 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 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 and remedy available to the Owner. 6 After the Owner has terminated the Contractors 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 of the Construction Contract, the Surety is obligated without dulication for: 6.1 The responsibilities of the Contractor.for correction of defective work and completion of the Construction Contract; 6.2 Additional Legal, design professional and delay costs resulting from the Contractors Default, and resulting 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 damages caused by delayed performance 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 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, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 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 occurs first. 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 applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature 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 perforated, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming 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 Contractor or 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 by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all C"""" Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform 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 Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) • PAYMENT BOND i C000772310 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): HARRISON DAVIS CONSTRUCTION CO., INC. 1931-A DEANE STREET FAYETTEVILLE, AR 72703 SURETY (Name and Principal Place of Business): CAPITOL INDEMNITY CORPORATION P.O. BOX 5900 MADISON, WISCONSIN 53705-0900 OWNER (Name and Address): CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE, AR 72701 CONSTRUCTION CONTRACT Date: JANUARY 4, 2001 Amount:$1, 982, 600.00 Description (Name and Location): FAYETTEVILLE SENIOR CENTER AT WAXHAWS SOUTH COLLEGE AVENUE FAYETTEVILLE, AR O V) no r CO 2 Z r'1 CO n - d 1 -v - rn r; m . c. 1---, c 0 O BOND Date (Not earlier than Construction Contract Date): JANUARY 15, 2001 Amount: $1,982,600.00 Modifications to this Bond: P None See other side CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) HARRISON DAVIS CONSTRUCTION CO., INC. SignaturrichP7/�Bv..— 4 4c Name and Title: thele C -L So.✓ b' hs SURETY Company: (Corporate Seal) CAPITOL INDEMNITY CORPORATION C RAO 2, 14 c)(1 -1..n Signature• Name and Title: CARLA S HOLLIS ATTORNEY-IN-FACT (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: ALLEN -SMITH INSURANCE, INC. P.O. BOX 251510 LITTLE ROCK, AR 72225 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): DARYL S. RANTIS, ARCHITECT, P.A. 380 WEST ROCK STREET FAYETTEVILLE, AR 72701 Printed in cooperation with the American Institute of Architects (AIA) by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A312 - Payment Bond - December 1984 Edition. • • • 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 fumished for use in the performance 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 claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified 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, 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 it the Contractor promptly makes payment, directly 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 substantial 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 Contractor 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 materials were fumished 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 within 30 days of fumishing 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 Pargraph 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 fumished 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 compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days -.fter receipt of the claim, stating the amounts that are undisputed and the basis for challenging 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 performance of the Construction Contract and to satisfy claims, it any, under any Construction Performance Bond, By the Contractor fumishing and the Owner accepting this Bond, they agree that all funds eamed 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 unrelated 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 obligations 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, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 .No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction 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 Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials 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 applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, 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 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 conforming 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. 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 equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equ pment" that part of water, gas power, light, heat, oil, gasoline, telephone service or rental equipment used in the 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 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. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: • INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE, SUITE 1400 MADISON, WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO P.O. BOX 5900. MADISON, WI 53705-0900 PHONE (608) 231-4450 FAX (608) 231-2029 . POWER OF ATTORNEY No: 5 ✓ 059 8 Know all men by these Presents Thar the CAPITOL INDEMNITY. CORPORATION a corporation of the State of.Wiscbnsin; having its principal offices in the City •of Madison, Wisconsin; does•make, constitute ----- CHARLES M. 'ALLEN; G. ROBERT SMITH;, SHERRI L. MOSS, CARLA S HOLLIS ------ ------ DALE E. TEMPLE:(Nor-th•Little Rock, AR) --= .its.true and lawful Attorney(s)-in-fact; to make, execute; seal:and deliver.for and on its behalf; as surety, and as its act and • deed; any and all bonds, undertakings and' contracts'•of?suretyship, pr• ovided that no bond or undertaking.orr'contract of suretyship executed. under. this authority, shall exceed in amountthe°sum of , NOT TO EXCEED $3 000,000.00 _ • This Power of Attorney is: granted and is signed and sealed by facsimile under and by the authority of:the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th dayof. May 1960: • • • -RESOLVED; that the President, and Vice -President,. the Secretary orTreasurereating-individually or o herwise, be and they hereby, are granted the power -: antlauthonzation.toappoint by a Power of Attorney:for. the purposes only ofexecuting and. attesting. bonds and undertakings,. and other wnbngs,obligatonj in•the' `:'nature. thereof; one.ormote -resident.vice-presidents;-assistant secretariesnd attoey(s) in -fact, each appo ntee to.have the pawers.and dutiesusual:to' such .t.,.: 'offices to' the. business' of this company; the signature of such officers and•seal ofthe'Company. may be affixed to any such power of attorneyor lo• any! certificate relating thereto by facsimile, and'any such power. of attorney orcertificate•beadng: such facsimile signatures o facsimile seal shall be valid.and,binding,upon the Company; and any such power so executed and certified by facsimile signatures and: facsimile seal shall be val d and binding upon the Company in the. future with 'respect to; any' bond or undertaking orother writing obligatory in the•nature thereof to which'it is attached. Any such appointment may be'revoked, for:• cause, or without cause,. by any,• of. said officers, at any time.' : - - IN WITN• ESS WHEREOF, the CAPITOL INDEMNITY CORPORATION• has caused these presents to be signed by • ' its officer undersigned and its corporate seal to be hereto;affixed duly attested by its Secretary, this 1st day•ofUune,• 1999: • - • CAPITOL INDEMNITY CORPORATION r Attest. /.. . ..�ay.go 9 6 .... / Virgiline-M. Schulte, Secretary • :3a CORPORATES '—u' SEAL i2 a STATE OF WISCONSIN' l • w oMs/ \a° COUNTY OF DANE.. J} 4�n°ti!tft*tP•• • Fait; President On the 1st -day of June, A.D.., 1999, before me personally came George A Fait, to me known, who being by me; duly `sworn, d d depose and say: that he resides in the.' County'• of Dane,''State of Wisconsin; that he is the President of 'CAPITOL INDEMNITY CORPORATION, the,corporationdescribed: h and which executed the above instrument; that he ".;•.knows the seal of the said corporation;•that the 'seal:affixed.to said instrument is such corporate seal;'thatit'was so affixed •,by order of the Board of Directors of said corporation and. that he signed hisname thereto by like order. STATE OF WISCONSIN3�u• p°ttFhtlf�r,r�"x COUNTY OF DANE -$ "JANE R Jane F. Endres \\ ENDRES ' Notary Public, Dane Co WI': %..o o My Commission Expires March 23; 2003ire Ry pue‘ -' odmimmiito CERTIFICATE I, the undersigned, duly elected to the .office .stated: below, now the incumbent in CAPITOL INDEMNITY .CORPORATION, a Wisconsin Corporation, authorizedao:make this certificate, DO HEREBY CERTIFY'that the. foregoing -attached Power of Attorney remains in full force and: has not been revoked; and furthermore that the Resolution. of the Board of Directors, set forth in the Power of Attorney is: now in force.' • lSth`' January 2001 Signed and sealed at the City of Madison. Dated the • day of . ptUunnn/11 3JOtworyro''\„G ▪ �D - _. CORPORATE 0-. SEAL k '"CON -."1 rimiIlllllO� This power is valid only if the power of attorney number printed in the upper right hand corner apears in red Photocopies, carbon copies or other reproductions are not binding cn the company. Inquiries concerning this power of attorney may be directed to the Bond Manager at the Horne Office of the Capitol Indemnify Cornoratinn. Paul J. Breliheadr, Treasurer COV THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. An4Mlik CERTIFICATE TYPE OF INSUMNCE POLICYNUMBER POUCY EFFECTIVE DATE IMWD0/NI OF LIABILITY LIMBS A INSURANCE COMMERCIAL DATE IMMIDOA'Y) 01/15/01 PRODUCER Men -Smith Insurance, Inc. t2 E.56th Place,P.O.Box 94009 North Little Rock, AR 72190 (501) 753-9092 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CON ERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Harrison Davis Const Caine 1931-A Deane Street Fayetteville AR 72703 I INSURER A: C G U INSURER 8: INSURER C: INSURER 0: INSURER E: COV THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSA LTR TYPE OF INSUMNCE POLICYNUMBER POUCY EFFECTIVE DATE IMWD0/NI POUCY DATE/MA/DIM EXPIRATION LIMBS A GENERAL COMMERCIAL UABIUTY GENERAL CLAIMS MADE UABILJTY OCCUR CER739422 03/01/00 03/01!01 EACH OCCURRENCE $ 500,000 X FIRE DAMAGE (Any one fire) $ 100,000 X MED EXP (Any me person) 5 5,000 PERSONAL 8 ADV INJURY $ 500,000 . GENERAL AGGREGATE $ 1,000,000 GENL AGGREGATE MIT APPLIES PER: POUCY �I JEGT 11 LOC PRODUCTS - COMPIOP AGG S 1,000,000 A AUTOMOBILE LIABILIN ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NONOWNED AUTOS CEAT79099 3 03/01/00 • 03/01/01COMB INED SINGLE UMR (Ea aeddent $ 1,000,000. X BODILY INJURY (Per person) 5 X X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per acddenp $ GARAGE UABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: EA ACC $ pGG $ A LIABILITY EACH OCCURRENCE 5 1,000,000 �EXCESS X OCCUR CLAIMS MADE CEDN41772 03/01/00 03/01/01 AGGREGATE $ 1,000,000 S -- DEDUCTIBLE RETENTION 5 5 $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITY CEH1889484 03/01/00 03/01/01 TAT4 WC STATU- TORY TORY UMNS DTH. ER E.L EACH ACCIDENT s 500,000 E.L DISEASE - EA EMPLOYEE S 500, 000 E.L DISEASE - POUCY DMR s 500 , 000 A OTHER Builders Risk - Reporting Form - Special Form 51,000 deductible CER739391 03/01/00 03/01/01 Any One Job 1,900,000 Temporary Storage 100,000 Transit 100,000 DESCRIPTION Fayetteville Fayetteville, OF OPERATIONS&OCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Senior Center at WAXHIAWS, South College Avenue, Ar . CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of Fayetteville (3) Fayetteville ACORD 25S (7/97) AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO 711E CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. i AUTHORIZED REP G. Robe b-cet .at, © ACORD CORPORATION 1988 1 ACORD CERTIFICATE OF LIABILITY low INSURANCE DATE IMM/DD/YYI 3/01/02 POUCV EFFECTIVE DATEIMM/DO/YY) PRODUCER 501-664-7705 RAMSEY,KRUG,FARRELL & LENSING 8315 CANTRELL, SUITE 300 P. O. BOX 251 510 . LITTLE ROCK, AR 72225 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Harrison Davis Construction Co., Inc. 1931-A Deane Street Fayetteville AR 72703 1 INSURER A: Hanover Insurance INSURER B: INSURER C: INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED -OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICYNUMBER POUCV EFFECTIVE DATEIMM/DO/YY) POUCY EXPIRATION DATE IMM/OD/YY) LIMITS A a GENERAL COMMERCIAL LIABILITY GENERAL CLAIMS MADE LiABiLti Y OCCUR RHT624424701 3/01/02 3/01/03 EACH OCCURRENCE 9 1000000 X 1 FIRE DAMAGE (Any one Tirol $ 100000 X MED EXP (Any one person) $ 5000 PERSONAL& ADV INJURY 9 1000000 GENERAL AGGREGATE 9 2000000 GEN'L AGGREGAT POLICY LIMIT APPLIES PRO JFCT PER: LOC PRODUCTS - COMP/OP AGG 9 2000000 A AUTOMOBILE UABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS AHT630526601 3/01/02 3/01/03 COMBINED SINGLE LIMIT (Ea accident) 9 1000000 X BODILY INJURY (Per person) BODILYINJURY (Per er accident) 9 PROPERTY DAMAGE (Per accident) 9 GARAGE UABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EA ACC 9 AGG 9 A EXCESS OCCUR DEDUCTIBLE UABIUTY CLAIMS MADE 10000 UHT631268701 3/01/02 3/01/03 EACH OCCURRENCE 9 1000000 AGGREGATE $ 1000000 $ 9 9 X RETENTION 9 A WORKERS COMPENSATION AND E!!PLOy'cPS' LIABIUTY WHT630527601 - 3/01/02 3/01/03 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 500000 E.L. DISEASE - EA EMPLOYEE 9 500000 E.L. DISEASE - POLICY LIMIT $ 500000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: FAYETTEVILLE SENIOR CENTER AT WAXHAWS SOUTH COLLEGE AVENUE FAYETTEVILLE, AR CERTIFICATE HOLDER ADDITIONAL INSURED: INSURER LETTER: CANCELLATION CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE, AR 72701 ACORD 25-S (7/97) 1- 14 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION 011 LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RE 9 ACORD CORPORATION 1988