HomeMy WebLinkAbout132-02 RESOLUTION•
RESOLUTION NO. 132-02
A RESOLUTION AWARDING BID #0244 TO MISSCO
CORPORATION OF JACKSON, MISSISSIPPI IN THE AMOUNT
OF FIFTY-ONE THOUSAND EIGHT HUNDRED FIFTY-EIGHT
DOLLARS AND FIFTY-TWO CENTS ($51,858.52) TO PROVIDE
FURNISHINGS FOR THE TCA BUILDING AND APPROVING A
FIVE PERCENT (5%) CONTINGENCY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas,
hereby awards Bid #0244 to MISSCO Corporation of Jackson, Mississippi in the
amount of Fifty -One Thousand Eight Hundred Fifty -Eight Dollars and Fifty -Two
Cents ($51,858.52) to provide furnishings for the TCA Building.
Section 2. That the City Council of the City of Fayetteville, Arkansas,
hereby approves a five percent (5%) contingency.
PASSED and APPROVED this 3rd day of September 2002.
wee
, FAYEtrek
,,•
�.
By
0
ATHER WOO s RUFF, •Ci Clerk
APPROVED:
By:
DAN COODY, Mayo
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•
I
3
7
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NAME OF FILE:
CROSS REFERENCE:
Resolution No. 132-02
09/03/02
Resolution No. 132-02
Contract with Missco Corporation for furniture for the TCA Building
08/19/02
Memo to Mayor Coody, Members of Fayetteville City Council, from
Coy Hurd, Project Manager, thru Gary Dumas, General Services Director
08/07/02
Bid Tabulation / Cromwell Architects Engineers
08/16/02
Copy of the Purchase Requisition
09/03/02
Staff Review Form
09/06/02
Memo to Coy Hurd, Building Maintenance/General Services, from
Heather Woodruff, City Clerk
NOTES
Po,cJt az hi Y'a. n... Zia,..../ Y.0.41.1„:o�in 1 1n re.na—ci
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AIA Document A171 - Electronic Format
Standard Form of Agreement Between
Owner and Contractor
for FURNITURE, FURNISHINGS AND EQUIPMENT
where the basis of payment is a
Stipulated Sum
1990 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS
NDR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AM DOCUMENT MAY BE MADE BY USING AIA
DOCUMF-hTTem
The i o Edition of AIA Document Azn, General Conditions of the Contract for Furniture, Furnishings end Equipment, is adopted in this docmnent by reference. Do
not use with other general conditions unless this document is modified.
Portions of this document are derived from AIA Document Atot. Standard Form of Agreement Between Owner and Contractor where the Basis of Payment is a
Stipulated Sum. copyright 1915, 1918, 1925. 1937, 19p, 1959, 19e. 1968 1967, tg», 1977, 0 1987 by The American Institute of Architects. 455 New York Avenue, N.W.,
Washington, D.C., z000S-St9%. Material in AIA Document Mm differing from that found in AMA Document Amt is copyrighted 1979, 0 iso by The American Institute
of Architects and The Amedeml Society of Interior Designers. Reproduction of the material herein or substantial quotation of its provisions without written permission
of AMA and ASID violates theeowricht laws of the United_States and will be subiecttolesal prosecution
• ,eEs /32 -o,2e
AGREEMENT
made as of the Twentieth (20th) day of August in the year of Two Thousand Two (2002)
an words (udkateday, month end/rsr)
BETWEEN the Owner.
/Name and at)
City of Fayetteville
113 W. Mountain
Fayetteville AR 72701
and the Contractor.
(Nameardaddiess)
jNISSCO Corporation.
527 East North Street
Fayetteville. AR 72701
the Project is:
(NaneandkraUon)
I a, F u t t. v s. ..1 -, -Vii =
TCA Renovation
Eyetteville. AR
AIE Project No. 2001-088.15
The Architect is:
Warne aMf4e s)
Cromwell Architects Engineers. Inc.
7 North Block
Fayetteville. AR 72701
The Owner and Contractor agree as set forth below.
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions),
,Drawings, Specifications, addenda issued prior to execution of this Agreement, Other documents listed in this Agreement and
O 1990 - THE AMERICAN INSTITUTE OF ARCHITtt.i3, NOS NEW YORK AVL NUE, N.W., WASHINGTON, D.C. 2001 b-5292. AIA DOCUMENT AIA
DOCUMENT A171 - OWNER -INTERIORS CONTRACTOR AGREEMENT - 1990 EDITION - AIA® - ASID® - ® 1990 - THE AMERICAN SOCIETY OF
INTERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE, N.E., WASHINGTON, D.C. 20002. WARNING: Unlicensed photocopying violates V.S.
copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced In
attordanoe with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: a171.aia —
8/20/2002. AIA License Number 1000430, which expires on 2/3(2003.
Electronic Format A171-1990
1
Modifications issued after execution of this ment; these form the Contract, and are as fully art of the Contract as if attached to
this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other
than Modifications, appears in Article 9.
ARTICLE 2
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the
Contract Documents to be the responsibility of othersr er-esfelews:
•
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement is the date from which the Contract Time of Paragraph 32 is measured, and shall be the date of
this Agreement as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to
proceed issued by the Owner.
(fusel the dateohouuneacement +fildifershum the date o!this Agreement or, **pliable, sate that the date will befixed tb'notice to proceed)
Delivery and installation will commence ten (1OZweeks pfter_contractls stoned by the City (refer to Addendum No. 1 dated
• July 8. 2002).
Unless the date of commence.ment is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in
writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security
interests. t
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(lam1 the calends: date or number ofcalendar days ager the date of commencement Also insert any requirements for readier Substantial asap/elan of certain
paoonsofthe Work ifnot stated elsewhere i s theantrra Dxumews)
Completion date to be no later than twelve (12) weeks after contract is signed (refer to_Addendum No. 1 dated July 9.
24421. •
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(mratprovldons, /fany, hvliquidated damages Mathis to Maur mmmpletean tine)
$150 00 a dav for each consecutive_calendar dav that terms of the contract remain unfulfilled (refer to Addendum No. 1
Elated July 9. 2002)
ARTICLE 4
CONTRACT SUM
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of
Forty Nine Thousand Two Hundred Fifty Three end 06/100 Dollars (s 49 75305 ), subject to additions and deductions as
provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contfact Documents and are
hereby accepted by the Owner.
(Sate the numbers or other identification of accepted alternate If decisions on other altemeies ere to be made by the Owner albreo:r nt to the emtion of dui
Agreement attach asrheadeo!such otheraltnnatashowing the amount for each end the date until which that amount is vzb'd.1
Not aDDllcable
4.3 Unit prices, if any, are as follows.
As stated in the Contractor's Bid Proposal dated August 2 2002.
ARTICLE 5
PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the
Architect, the Owner shall make peegtess payments on account of the Contract Sum to the Contractor as provided in the Contract
Documents.
51 1 Only one Application for Pavment will beaccented uoonsomoletion of the WorkreoresenUnctfinat Payment per Article 6.
d 1990 - THE AMERICAN INSTITUTE OF ARCHITECis, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 26006.5292. AIA DOCUMENT AIA
DOCUMENT A171 - OWNER -INTERIORS CONTRACTOR AGREEMENT - 1990 EDITION - AIA® - ASID® - 0 1990 - THE AMERICAN SOCIETY OF
INTERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE, N.E., WASHINGTON, D.0 20002. WARNING: Unlicensed photocopying violates U.S.
copyright laws and Is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in
accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: a171.ala —
8/202002. AIA License Number 1000430, which expires on 213/2003.
Electronic Format A171-1990
2
•
Provided-ae-is-reee;ved-by-the- itect-trot-later-th-i he-day-ef -
• l
64
•
seatmet-DeeweenterThe-sehedule.er entire -Tanana
gmpared-ie-such-feimead - - byetieh-dete4e-euhs eteas-aceumeyesahe-Paeh<teet-may-require,- ss-ecbeduler-UDlesa--
675
5,6
•
4:6.4 Telm-t§at-pedien-ef-the6entruct-Seca-pr dlecable.ae-sempl ted-Werle-es tuned -by plying-the-pmeeetage-
•
6.64 M4 that-peetlanef-the Cnntxnet as eperly-elleeahae4e mataaalar-fiimitnret-furnishings-and -del'wered-and-
•
•
6.7 The -progress -payment -aleant-in-amordanee with-Fetegrepb-6-shall-be-f -mediled-Under-the-feuewing-
tmteen
4.7.1 Add.-peeSubstanNal-Completieaef-the -Weekre-sam-sufficientte-in se -he -total -p Mme- -E' )-of -
&M Addy-if-fneieempletiene5 the -Work -is themefter -meteeielly-delayed h-ne-fault-of -the Genkraeteerany eddilienel-
t:a:at...tM$ p riu5..h:oast:dC.rapita?? era ena IX.d6 to colt. a Emil f6.ret.ufrga re IS% 6a Nw
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (t) the
Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as
provided in Subparagraph 1;2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final
payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not
more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows:
O 1990 - IHE AMERICAN INSTITUTE OF ARCHIL ECTS, 1135 NEW YORK AVENUE, N.W., WASHIN4IUN, D.C. 20006-b191. AIA DOCUMENT AIA
DOCUMENT A171 - OWNER -INTERIORS CONTRACTOR AGREEMENT - 1990 EDITION - AIA® - ASID® - O 1990 - THE AMERICAN SOCIETY OF
INTERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE, N.E., WASHINGTON, D.C. 20002. WARNING: Unlicensed photocopying violates U.S.
copyright laws and Is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in
accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: a171.ala —
a/202002. AIA License Number 1000430, which expires on 2/312003.
Electronic Format A171-1990
3
Refer to Item 10 of the Suoolementanj ditions of the Proiect Manual.
is
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the
reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.
7.2 , . Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the
absence thereof, at the legal tate prevailing from time to time at the place where the Project is located. •
(lmert rate Wintered grad upon, /fang.)
None
(Zlwglawrand regurtemmu wrier rhe Federal 7)Mbraarming Act s/mi/arantand local consmnercreditless and miler regulations at the Ormer'ssad Conhador's
priaa�ofhr®eq thekmtion of the PmpCt and drawbar may affect the readily of this provision. LegaIa)riarshould be obtained with respect to deletions
or end also regarding requirements such as written diselosuresorwaivas)
7.3 Other Provisions '
Contractor shall be responsible for field measurement ofsoaces to insure that furnishings will fit the soace for which they
are intended. It is_understood there wiltbeslight variances between plan dimensions and final building construction.
Variations which cause appreciable effect on size of furnish, gs or quantity shall be broughtio the attention_af the
Architect Engineer.
•
ARTICLE 8
TERMINATION
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 15 of the General Conditions.
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ARTICLE 9
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document Ayr, 1590
Edition.
9.1.2 The General Conditions are the General Conditions of the Contract for Furniture, Furnishings and Equipment. AIA Document
Am, Edition.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated June 28. 2(202
and are as follows:
Document Title Pages
Project Manual Suoolementary Conditions 9
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 91.3, and are as follows:
(Eitherhst theSpedicationshere orrefer to an exhibie attacher) to Mit Agreement)
Section Title
Refer to Fxhibjt "Aft Table of Contents_
9.1.5 The Drawings are as follows, and are dated March 19. 200Z unless a different date is shown below:
(Eitherlia theDrawirgshrre °rreferto an exhibit attached to thisAgreemmt)
Number Title
A7.2 Interior Fumishings
9.1.6 The addenda, if any, are as follows:
Number
One (t1
Title
Addendum No. 1 dated July 9.2002 \
Pages
1
Date
Pages
1
• 4 • ■. . n • • ' . r , 1 , w • • ere. • r .. 1 • - ' - . .
DOCUMENT A171 - OWNER -INTERIORS CONTRACTOR AGREEMENT - 1990 EDITION - AIA® - ASID® - 0 1990 - THE AMERICAN SOCIETY OF
INTERIOR DESIGNERS, 608 MASSACHUSETTS AVENUE, N.E., WASHINGTON, D.C. 20002. WARNING: Unlicensed photocopying violates U.S.
copyright laws and Is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in
accordance with your license without violation until the date of expiration as noted below. expiration as noted below. user Document: a171.aia —
820/2002. AIA License Number 1000430, which expires on 2/3/2003.
Electronic Format A171-1990
4
•
1s49(2)
Three (31
1dendum No. 2 dated July 19 751102
nedum No. 3 dated July 30. 2002 R
Portions of addenda relating to bidding requuemenls are not part of the Contract Documents unless the bidding requirements are also
enumerated in this Anicle 9.
9.1.7 Other documents, if any, forming part of the Contract Documents are as follows:
(Litt here any additional davmeau which are intended to form part of the Contract Dlaxanents The General Candirianr provide that bidding requbements such as
atrcir'smteat ortnvitation to hid t fruaions to Bidders sample forma and the Contractor's b are not pan of the Contrut Documents =less enumerated is this
Apeman Theyshouldberated here mil ylfintendedtohepart ofthe Contract Loarments)
9.1 7.1 Refer to Contractors Bid Proposal Form dated August 2. 2002.
This Agreement iygntered into as of the day and year first written above and is execut `,� . t least original copies of which one is
to be delivered a Cont one to hit�ct for use in the a r ►� tract d the remainder to the Owner.
CONTRACT
OWNER (Signature)
ZA�N COOVV '727 A yo
••
(PrintcNnah rjL/t—" 1, Sa J ' e
ti
C 1990 - THE AMERICAN IN1: Ut ARCHITECTS, 1735 NEW YORK AV NUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA
DOCUMENT A171 - OWNER -INTERIORS CONTRACTOR AGREEMENT - 1990 EDITION - AIA® - ASID® - O 1990 - THE AMERICAN SOCIETY OF
INTERIOR DESIGNERS. 608 MASSACHUSETTS AVENUE, N.E., WASHINGTON, D.C. 20002. WARNING: Unlicensed photocopying violates U.S.
copyright laws and Is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced In
accordance With your license without violation until the date of expiration as noted below. expiration as noted below. User Document: a171.ala —
8/20/2002. AIA License Number 1000430, which expires on 2/312003.
Electronic Format A171-1990
T
EXHIBIT "A"
Before AIA Document A171-90, Article 94114
INTERIOR FURNISHINGS
.TCA RENOVATION, Fayetteville, Arkansas
2001-068.15
JUN 2002
TABLE OF CONTENTS
No. of Pages
Checklist 1
Invitation to Bid 1
Information for Bidders 4
Project Forms 1
AIA A310-1970, Bid Bond 2
AIA A312-1984, Performance Bond and Labor and Materials Payment Bond6
AIA A171-1990, Agreement
AIA A271-1990, General Conditions 28
Supplementary Conditions 9
1
Proposal Form 2
Grand Total for Groups G.T.-2
Group I - Group I - Modular M -i
Specification Details 1 through 8
Group II - Filing & Storage FS -i
Specification Details 1 through 9
Group III - Tables T -i
Specification Details 1 through 2
Group IV - Seating 8-i
Specification Details 1 through 6
Group V - Herman Miller Seating HM -i
Specification Details 1 through 2
Group VI - Systems PS -i
Specification Details 1
Group VII - Desks D -i
Specification Details . 1
Alternate Detail AB -1
Systems Spec Data 6
Modular Spec Data 4
List of Drawings:
Large Drawings:
ID1.1
END OP TABLE OF CONTENTS
TOC -i
each dated
19 -Mar -2002
tv\E[o)ecty\000;\0001 060\Sateilare\epees\00003.doo
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1
1
Refer to AIA Document A171-90, Article 9.1.7.1
'INTERIOR FURNISHINGS
TCA RENOVATION, Paystteville, Arkansas
INTERIOR FURNISHINGS FOR
CITY OF FAySHTEvILLE TCA RENOVATION
Fayetteville, Arkansan..
2001-068.15
JUN 2002
PROPOSAL FORM
we /rl/SSa teavines !�
examined the conditions ecce nay work,
the applicable having acti on2.pefully preparedQtOflWg7L ARCRTTECTS sNAZNEflts,
the applicable scbeifupplying ndei by
INC_, governing the supplying and installation of INTERIOR FURNISHINGS, TCA
RENOVATION, Fayetteville, ArkaaaaS.
we propose co furnish all labor. cools, materials, supplies, requited
this proposallfer and
Eel-lowing necessary
al ) tocomplete
furnishings work as dsacrtbed in•
on
in accordance with the Project Manual
Pre.tnt*tiSpecification Detail
°bears. Conditions of the Cancracc, Addendaca0 .173,3�n d•4 rah O 7-4 R3 4t%,o*s Soatidl
1- sciubUI.E OF UNIT PRICES
The undernianed agrees that the unit prices listed on the Proposal
gheeta
Attached herein az a part et this Proposal. will apply, regardless
of the
quantities involved, in the event chat changes involving additions to or
deductions from the work not exceeding plum or minus 25t to he performed
under the Contract are authorized by written order tram the Architect
nesigaer to the Contractor, and that the Unit Prices are bated on providing
all work ectiplete, in place, in accordance with all nppliceble requirements
of the Contract Documents, and include all of the Contracture and
subcontractors• costa, asps:wee, permits, impart duties. insetsnee premiums,
overhead and profit. The undersigned agrees to support such unit prices for
a period of not leas than 90 days after the date of the execution of the
Contract.
DO *DT INCLtlDE 'use' or "tales^ taxes in bid unit prices- Contracts,
however, will be written to include all applicable Federal. State, and local
^use° or ^sales" taxes_ Unit pr)ces shall include freight. installation,
nd
a
all costs so that the extension of the unit price times the quantityshall
equal the lump sum proposed for an item.
When an error is made in extending total prices, the quantity times tha unit
bid price will govern- cash discounts requiring payment in less than 30 days
will not be considered in making awards. The beginning date for computing
discounts will be dace of invoice or date Of delivery. whichever in later;
closing dace .,ill be dace voucher is iosued for payment.
TheOwner may accept or reject any or all of the unit prices prior co the
execution of the Contract,
PROPOSAL FORM•1
. 08/19/02 13:48 '$'479 582 2929 CROMWELL AE ••• CROMWELL A/E 0J002/003
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o7:s0/e7 14'29 8678 562 ZOO t7teeeaLL AE
IMTSBIQS FORNLSEIIKS
PCn 602104/T.71ae, Peyst°brille, Aatanien
tog
3F°.liau`2002
SPEC19201 0141St Group T — 1400e1401
We propose m benid Oildto hall tbsM a *Ms Qtedp etih6 yyaeed Muria* an W anadmee with
t� e aduw aflTtkO a .
Ifrwardrd the Ceded; thr Ods grow. &livmy tmd$tmllaion ill ammo= lA wedil Car Oh re*eet
hallandbsderityadbaC nolacrducoll mdsolociseemtrsdilileol • •
The undorsigned Agrees that this proposal marbs hold by tbs &veer tor in
period nct ercemdiaw 60 days Prom the dete•or receiving olds. '
WeendeeSLrat0 ttilddsisfor aro.SZ lspshcMItse ielanedpsnvalerapeardn19e•iia 1Ywnnu
d ances Cenrrala U Bmnl t hie p.esosei efi be sasddered •
✓ e m.detanc ttat the Ow▪ ner will sutler
refinancial doe a if Mir Group is not
complete on Oedema mutually agrgod upon as set forth in tha contract
documents. I (Ne)Shall pay to the Omer the rum indicted below ss fisad,
ragweed, andliquidates &magus:
l06 a2 the eattLaet amount, act not to caused 910D0, los each
canrowRutive calecdar day -knot tame of the Contract remain unfulfilled.
It written nobles od the acceptance o1 this bia in maiied, tslawnpbed. or
delivered rn tin undersigned thin the time bated herein, after the date of
tea mewling of bids.. or et,any time enereatter baron this, Md Le etthdrawn.
the undersigned agrees that they will esaacte and deliver a Caatraet in the
farm prescribed by UM OK -tar in neaoxdance withtbu bid as eeesptea. st
rsqueatod ay Owner. BSddet will furnish perforbsnee bona and material and
payment boat with even Mu, -ACV or saratiec as the Cate may approve., all within
10 days from date of request Eur much Lurid. •
It is underereod and agreed that the owner reserves the sight to award tin:
rentractts? as it dmteraines to ba in its best interests, to reject any or ail
bids, to waive any larego:arirlee in bidding. and to hold all yids for the
period Sono noted.
aMoz.
rerkeneas Conten etoe license wueber:
_Mori -jgt3QMG3
Propene' mwbnftted by;
re)%4S e,
Soma o or
Authoriseaepl'auentattV6
Saga
Title
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Dusineme Address of Sifter:
vial C . /l to rt -
lane rs..s..im .--.
11DD1tsrnul F6crret: ades.wamm
lac have received and esaminea the following Addenda numbered ) Z_ 3
. and have incorporated the provlalone in this std.
(290rosPL TONS -• ROUP 1 — ht11)ULra )
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08/19/02 13:48 '@479 682 2929 _ CROMWELL AE 4-.4 CROMWELL A/E ID003/003
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19-Aup-�2;27PM; Page 3/4
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INT3RIOR FURNISHINGS JUN 2002
Tc& RENOVATION, Fayetteville, Arkansas
GRAND TOTAL FOR GROUPS
2001-068'.15
=OOP NO. TOTAL JOR GROUP (X1 lndlraees a
psopnead fue.elcuelen
I Modular
11 Piling 4 Storage
$ Hzg. S o [ 1
(a
1
ung is words
J/1(2 1T1Oe.4&N( hn94drn4- vo.)654Gd
(amount in words)
III Tables 9 111313M°
[ )
Aa i oysn-st a e C h&a 1°480
(amount in words)
Iv sensing E N4 036.00 [ 1
r
amount a words
1135/ .00 00
` S i44.0c L.9a all St
(amount in # worms)
$ (]
v Bierman Millar seating
t awn
vi systems
VII Desks
TOTAL OF GROUPS IN BID;
(amount in words)
s_ a3o5. So
---Attibah,6(jf
(amount in words)
•
Name o
Sis"$.24COoTO%9591{ 1R -r0 �1r1L d t1Asi C1
Title
sin Sits* Airtii. '61/4
Aridness
Wititiva3 (�
City
PasansI!'S 7th?o1
State z,p code
att. &.urie0stas .L'aside+ttrarn Obs
G.T.-1
08/20/02 13:50 134479 582 2929
INTERIOR FURNISHINGS •
CROMWELL AE
TCA RENOVATION, Fayetteville, Arkansas
.44 THERESA ELLIS q0002/007
•
2001-068.15
JUN 2002
Upon receipt of *Notice of Acceptance" of this Bid, the above signed will
execute the formal contract and will deliver required insurance certificates
for this Contract.
NOTE: If Bidder is a Corporation, write State of Incorporation under
signature and if a Partnership, give full name of all partners.
Atoll
lbitle
items in a group must bebid, however, bidder is not required
groups. Indicate No Bid" for group(s) not bid.
Indicate if group includes a proposed substitution.
CAUTION: This Bid may be rejected if not acco anted
in the the amount_ Certified by Bid Guarantee
uncollected at risk of Bidders. checks may be held
ADDENDUM RECEIPT:
We have received and examined the following Addenda numbered 1 4,3
-� ��• _ and have incorporated the provisions in this
Aid.
1 -'02.
303
•
END OP DOCOMSNT
DZ
•
G.T.-2
$51,858.52
/A
AOivsimdMISS OCap.
•
MISSCO Corporation
Mack Skeen, Sales Representative
527 East North Street
Fayetteville, AR 72701
479.521.5890 (phone/fax)
TRANSMITTAL LETTER
Date: August 26, 2002
To: Sharon Hoover
Cromwell Architects Engineers
(3gz-Z 00)
Re: Interior Fumishings for City of Fayetteville
TCA Renovation
Contract Correction to Reflect Tax
•
Per your request, the attached four,(4) copies of the Contract with the City of
Fayetteville for the above project have been corrected to reflect current taxes as
follows:
'Bid Price:
State Tax (5.125%)
City Tax (1.75% cap)
County Tax (1.5% cap)
$49,253.05
$2,524.22
$43.75
$37.50
Total Amount
Please have these changes, noted in red, initialed when the contract is signed
and retumed.
•
MEMORANDUM
TO: Mayor Dan Coody, Members of Fayetteville City Council
FROM: Coy Hurd, Project Manager
THRU: Gary Dumas, General Services Director
RE• Furniture bid for TCA Building
DATE: August 19, 2002
On August 7`h, 2002, a bid was conducted regarding new furniture to be placed in
the TCA Building when the current remodel is completed. Of the three bidders
responding, the lowest bidder (Innovative Business Furniture) was not responsive; they
did not list a Contractor's License Number. The lowest responsive bid was in the
amount of $49,253.05 (plus applicable tax), submitted by the Missco Company. This bid
is within the declared amount of funds of $50,000. We would also need to Include a five
percent contingency amount to address any possible changes or additions. It is my
recommendation that Missco's bid be accepted, and, that a Notice to Proceed be issued to
the Missco Company as soon as possible.
I will certainly be available to answer any questions concerning this
recommendation.
CzvdDteL0 ).1.4
Atluo toil(
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laitsCS
MEMORANDUM
TO: Mayor Dan Coody, Members of Fayetteville City Council
FROM: Coy Hurd, Project Manager
THRU: Gary Dumas, General Services Director
RE. Furniture bid for TCA Building
DATE• August 19, 2002
On August 7th, 2002, a bid was conducted regarding new furniture to be placed in
the TCA Building when the current remodel is completed. Of the three bidders
responding, the lowest bidder (Innovative Business Furniture) was not responsive; they
did not list a Contractor's License.Number. The lowest responsive bid was in the
amount of $49,253.05 (plus applicable tax), submitted by the Missco Company. This bid
is within the declared amount of funds of $50,000. We would also need to include a five
percent contingency amount to address any possible changes or additions. It is my
recommendation that Missco's bid be accepted, and, that a Notice to Proceed be issued to
the Missco Company as soon as possible
I will certainly be available to answer any questions concerning this
recommendation.
CentAa0
Alsaz
hp,i4aa
PuteS
•
MEMORANDUM
TO: Mayor Dan Coody, Members of Fayetteville City Council
FROM: Coy Hurd, Project Manager
THRU: Gary Dumas, General Services Director
RE• Furniture bid for TCA Building
DATE: August 19, 2002
On August 7th, 2002, a bid was conducted regarding new furniture to be placed in
the TCA Building when the current remodel is completed. Of the three bidders
responding, the lowest bidder (Innovative Business Furniture) was not responsive; they
did not list a Contractor's License Number. The lowest responsive bid was in the
amount of $49,253.05 (plus applicable tax), submitted by the Missco Company. This bid
is within the declared amount of funds of $50,000. We would also need to include a five
percent contingency amount to address any possible changes or additions. It is my
recommendation that Missco's bid be accepted, and, that a Notice to Proceed be issued to
the Missco Company as soon as possible.
I will certainly be available to answer any questions concerning this
recommendation.
LA:Th
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3a, JuJt
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[CERTIFIED FUNDS
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Department Director. Purchasing Manager.
Admin. Services Director. Budget Coordinator. Data Processing Mgr.
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X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of September 3, 2002.
FROM:
Coy Hurd Building Maintenance General Services
Name Division Department
ACTION ke;QUhS'1F;D: to grant re-nia number UZ-44 tor
to Missco Corporation in the amount of $49,253.05
a
TO JTY5a 3 't24 Tc4
Cost of this request Category/Pr ject Budget Category/Project Name
/u S o -6300 S� 9a -o u 4s 1
441)0 947o- g$oy_oo Z 289
Account Number Funds used to date Program Name
OY O i S�9,� sZ. �S •�lv 7-,,x c cao, r4L
Project Number Remaining balance Fund
BURG_ Budgeted Item Budget Adjustment Attached
Budget oordinator Administrative Services Director
D t6 1 A Coo rd' for Date
. �Z _ $Z�7)�nJi
C ' At orney to "Intern Auditor D to
yA.�.C� o az o 8
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommends approval.
SI
Dote `�
aTf to Cl�
Date
zzv
Date
Cross Reference
New Item: Yes No
Prev Ord/Res#:
Orig Contract Date:
STAFF REVIEW FORM
X Agenda Request
• Contract Review
Grant Review
C rn.$T �--
-� Win* 'Pan.:
For the Fayetteville City Council meeting of September 3, 2002.
FROM: p �v
Coy Hurd Building Maintenance General Services
Name Division Department
ACTION REQUESTED: To grant re -bid number 02-44 for furniture in the TCA Buildinn
to Missco Corporation e' in the amount of $49,253.05p.L&A.btS1C& A 5%. Con m'j'
COSS TOITY• 2'3IIZ¢
�aJ. i Q 5% • Sd TC A
Cost of this request Category/Pr6ject Budget Category/Project Name
lino-6'i�o-S�9a-o.. CBS 1
441)o
-9QJo-,yy_c.o 2S289
Account Number Funds used to date Program Name
ge >eA. r. Fu.�
oyo 7 444 C, 3G S vt2e fl&)c C44tyrit-L
Project Number Remaining balance Fund
BUDGE _X_ Budgeted Item Budget Adjustment Attached
Budget oordinator Administrative Services Director
co CT/ /LEASE REVIEM: GRANTING AGENCY:
Z _
zc ti g an eZ _ D t A Coord' for Date
c� -
Cyy.Aj rney to Intern Auditor Date'
C,�Lxec a a �
Purchasing Officer Date
STAFF RECOrNDATION: Staff recommends approval.
Cross Reference
Division H a Date
Department tec or Date New Item: Yes No
Administrative Services Date Prev Ord/Res#:
Director
Mayor Date Orig Contract Date:
FAYETTEVI LE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Coy Hurd, Building Maintenance/General Services
From: Heather Woodruff, City Clerk
Date: September 6, 2002
Please find attached a copy of Resolution No. 132-02 awarding Bid #02-44 to Missco
Corporation of Jackson, Mississippi to provide furnishings for the TCA Building. The original
will be microfilmed and filed with the City Clerk
I am forwarding the Purchase Requisition Form to the Internal Audit Division.
cc: Nancy Smith, Internal Audit
Peggy Vice, Purchasing
Note: Coy Hurd picked up three (3) original contracts this morning, Sept. 6, 2002.
'a
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MISSCO Corporation
II Mack Skeen, Sales Representative
527 East North Street
Fayetteville, AR 72701
479.521.5890 (phone/fax)
ADvtai MlC9000orp.
TRANSMITTAL LETTER
Date: September 19, 2002
To: Coy Hurd
City of Fayetteville
Re: TCA Building Renovations - Interior Furnishings
Per the terms and conditions of the Bid Documents and Contract, we are submitting the required
Performance Bond, Payment Bond (filed with the County), and Certificate of Insurance.
Please let us know if there are any questions.
ACORD_ CERTIFICAT F LIABILITY INSURIICJSSC!3 °"09/117 2
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Arthur J. Gallagher & Co.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
of Mississippi, Inc.
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. Drawer 16447
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Jackson MS 39236-6447
Phohe: 601-956-5810 Fax: 601-957-7098
INSURERS AFFORDING COVERAGE
INSURED
INSURER A: Zurich -American Insurance
INSURER B: American Guarantee & Liability
Missco Corporation of Jackson
INSURERC: Federal Insurance Company
INSURERD: Maryland Casualty Company
Post Office Box 5349
Jackson MS 39296-5349
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 IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRATiON
LTR
TYPE OF INSURANCE
POLICY NUMBER
DATE MWICY DU
DACTIVE TE MCY M/DDM'
LIMITS
GENERAL
LIABILITY
EACH OCCURRENCE
$ 1,000,000.
A
X
COMMERCIAL GENERAL LIABILITY
CPO1369324-16
04/01/02
04/01/03
FIRE DAMAGE(Any one fire)
51,10001000,
CLAIMS MADE I OCCUR
MED EXP (Any one person)
$ 5,000.
X
PERSONALBADV INJURY
$1,000,000.
Agg. per project
GENERAL AGGREGATE
s2,000,000.
GEN'L
AGGREGATE LIM IT APPLIES PER:
PRODUCTS-COMP/OP AGG
s2,000,000.
POLICY PRO- LOC
JECT
B
AUTOMOBILE
LIABILITY
ANY AUTO
BAP1369322-17
04/01/02
04/01/03
COMBINED SINGLE LIMB
f1 ,000, 000.
X
X
BODILY INJURY
(Perperson)'
$
ALL OWNED AUTOS
SCHEDULEDAUTOS
X
X
BODILY INJURY
(Per actldenp
f
HIRED AUTOS
NON-0WNED AUTOS
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESSIJABILJTY
EACH OCCURRENCE
$10 000 000.
C
OCCUR IxCLAIMSMADE
79465236
04/01/02
04/01/03
X
AGGREGATE
$10,000,000.
Follow
$
Form
$
DEDUCTIBLE
$
RETENTION $
D
WORKERS COMPENSATION AND
EMPLOYERS'LIABILITY
TC398658801
04/01/02
04/01/03
X
TORVLIMITS
ER
E.L. EACH ACCIDENT
s500,000.
E.L. DISEASE -EA EMPLO
$500,000.
E.L. DISEASE -POLICY LIMIT
$500,000.
OTHER
A
Installation
CPO1369324-16
04/01/02
04/01/03
Any 1 sit $1,200,000
Floater
Temporary $300,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Project: Interior Furnishings for City of Fayetteville TCA Renovation, 129
W. Mountain Street, Fayetteville, AR 72701-6069. Scope: Interior
furnishings.
CERTIFICATE HOLDER I N ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION
CITYFAY 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 DO SO SHALL
City of Fayetteville IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
113 W. Mountain Street REPRESENTATIVES.
Fayetteville AR 72701-6083 AUTHORIZED REPRESENTATIVE >
ACORD.. CERTIFICATS OF LIABILITY INSURWCC OP ID Tj DATE(MMvDIYY)
SSC-3 I 09/17/0:
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Arthur J. Gallagher & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
of Mississippi, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. Drawer 16447 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Jackson MS 39236-6447
Phone: 601-956-5810 Fax: 601-957-7098 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Zurich -American Insurance
INSURERB: American Guarantee & Liability
Missco Corporation of Jackson INSURERC: Federal Insurance Company
Post
e3Box653499 INSURERD: Maryland Casualty Company
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 IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
tNSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MMIDD
DATE MMIDDNY
LIMITS
A
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X] OCCUR
Agg. per project
CPO1369324-16
04/01/02
04/01/03
EACH OCCURRENCE
$ 1,000,000.
FIREDAMAGE(Anyonefre)
61,000 000.
X
MED EXP (Anyone Penn)
$ 5,000.
PERSONALBADVINJURY
$1,000,000.
X
GENERAL AGGREGATE
s2,000,000.
PRODUCTS - COMP/OP AGG
$2 000 000.
GEN'L
AGGREGATE LIMIT APPLIES PER:
PRO -
POLICY LOC
JECT
B
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
BAP1369322-17
04/01/02
04/01/03
COMBINED SINGLE LIMIT
(Ea accident)
61,000,000.
X
BODILY INJURY
(Per person)
$
X
X
X
BODILY INJURY
(Per aeddent)
$
X
PROPERTY DAMAGE
(Per acciden0
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EAACC
AUTO ONLY; AGO
$
$
C
EXCESS LIABILITY
X OCCUR IX CLAIMS MADE
DEDUCTIBLE
RETENTION $
79465236
04/01/02
04/01/03
EACH OCCURRENCE
S l0 000 000.
AGGREGATE
s l0 000 000.
Follow
$
Form
$
$
D
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
TC398658801
04/01/02
04/01/03
11*1
XI
TORY LIMITS
i
018-
ER
E.L. EACH ACCIDENT
s500,000.
E.L. DISEASE -EA EMPLOYEE
s500,000.
E.L. DISEASE -POLICY LIMIT
s500,000.
A
OTHER
Installation
Floater
CPO1369324-16
04/01/02
04/01/03
Any 1 sit $1,200,000
Temporary $300,000
DESCRIPTION OF OPERATIONSJLOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Project: Interior Furnishings for City of Fayetteville TCA Renovation, 129
W. Mountain Street, Fayetteville, AR 72701-6069. Scope: Interior
furnishings.
CERTIFICATE HOLDER
I N
ADDITIONAL INSURED: INSURER LETTER: _ CANCELLATION
CITYFAY
City of Fayetteville
113 W. Mountain Street
Fayetteville AR 72701-6083
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATO
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATWE
Charles R. Klin y
ACORD 25-S (7197)
®ACORO CUR*UNAI IUN IUUU
StPaul Surety
Bond No. 554460
PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address)
MISSCO Corporation
527 East North St.
Fayetteville, AR 72701
OWNER (Name and Address):
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
SURETY (Name and Principal Place of Business):
St. Paul Fire and Marine
St. Paul, MN
CONSTRUCTION CONTRACT
Date: August 20, 2002
Amount: $51,858.52
Description (Name and Location): Interior furnishings for City of
TCA Renovation, Fayetteville, AR, A/E Project No. 2001-068.15
BOND
Date (Not earlier than Construction Contract Date)
Amount: $51, 858.52
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company:
MISSCO Corporation
orporate eel)
Signature
Name a e:
James G. Scholtens, Vice Pres
(Any additional signatures appear on page 4)
September 16, 2002
LR None
InsuranceQUo
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Fayetteville,
0 See Page 4
SURETY
Company:
St. Paul Fire and Marine Insurarice Co.
(Corporate Seal)
Signatur9: 1 74
Name and Title: Ann H. Staley, Attorney -in -fact
(FOR INFORMATION ONLY = Name, Address and Telephone)
AGENT or BROKER:
Heiden, Brooks & Garland, Inc
548 Keyway Dr.
Flowood, MS 39032
(601)932-5700
OWNER'S REPRESENTATIVE
(Architect, Engineer or other party):
Cromwell Architects Engineers, Inc.
7 North Block
Fayetteville, AR 72701
The language in this document conforms exactly to the language used in the American Institute of Architects (AIA) A312 Performance Bond.
December 1984 Edition, Third Printing, March 1987.
���i7
1. The Contractor and the Surety, jointly and
severally, bind themselves, their heirs,
executors, administrators, successors and assigns
to the Owner to pay for labor, materials and
equipment furnished for use in the 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 if 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:
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 furnishing the above
notice any communication from the
Contractor by which the Contractor
has indicated the claim will be paid
directly or indirectly; and
.3 Not having been paid within the
above 30 days, have sent a written
notice to the Surety (at the address
described in Paragraph 12) and sent
a copy, or notice thereof, to the
Owner, stating that a claim is being
made under this Bond and
enclosing a copy of the previous
written notice furnished to the
Contractor.
S. 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.] 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.
E
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, if any, under any
Construction Performance Bond. By the
Contractor furnishing and the Owner accepting
this Bond, they agree that all funds earned by the
Contractor in _ the performance of the
Construction Contract are dedicated to satisfy
obligations of the Contractor and the Surety
under this Bond, subject to the Owner's priority
to use the funds for the completion of the work.
9. The Surety shall not be liable to the Owner,
Claimants or others for obligations of the
Contractor that are 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 suitor 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. DEFIMTIONS
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 equipment" 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,
3
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:
(Space is provided below for additional signatures of added parties, other than those appearing on the
cover page).
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
4
Bond No. 554460 .
StPaul Surety
PAYMENT BOND
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
MISSCO Corporation
527 East North St.
Fayetteville, AR 72701
OWNER (Name and Address):
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
CONSTRUCTION CONTRACT
Date: August 20, 2002
Amount: $51,858.52
Description (Name and Location):
TCA Renovation, Fayetteville,
SURETY (Name and Principal Place of Business):
St. Paul Fire and Marine Insurance
Co.
St. Paul, MN D
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Interior furnishings for City of Fayetteville,
AR, A/E Project No. 2001-068.15
BOND
Date: (Not earlier than Construction Contract Date): September 16, 2002
Amount: $51,858.52
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
MISSCO Corporation
I None
O See Page 4
SURETY
Company: (Corporate Seal)
St. Paul Fire and Marine Insurance Co,
Signature: Signature: t/�"
Name an Te: Name and Title: Ann H. Staley, Attorney -in- ac
James G. Scholtens, Vice Pres
(Any additional signatures appear on page 4)
(FOR INFORMATION ONLY -- Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect,
Heiden, Brooks & Garland, Inc. Engineer or other party):
548 Keyway Dr. Cromwell Architects Engineers, Inc.
Flowood, MS 39032 7 North Block
(601)932-5700 Fayetteville, AR 72701
The language In this document conforms exactly to the language used in the American Institute of Architects (AIA) A312 Payment Bond. December
1984 Edition. Third Printing. March 1987.
E
1. The Contractor and the Surety, jointly and
severally, bind themselves, their heirs,
executors, administrators, successors and assigns
to the Owner for the performance of the
Construction Contract, which is incorporated
herein by reference.
2. If the Contractor performs the Construction
Contract, the Surety and the Contractor shall
have no obligation under this Bond, except to
participate in conferences as provided in
Subparagraph 3.1.
3. If there is no Owner Default, the Surety's
obligation under this Bond shall arise after:
3.1. The Owner has notified the Contractor
and the Surety at its address described in
Paragraph 10 below that the Owner is
considering declaring a Contractor Default
and has requested and attempted to arrange
a conference- with the Contractor and the
Surety to be held not later than fifteen days
after receipt of such notice to discuss
methods of performing the 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,
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 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
r
demanding that the Surety perform its
obligations under this Bond, and the Owner shall
be entitled to enforce any remedy available to
the Owner. If the Surety proceeds as provided
in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied
liability, in whole or in part, without further
notice the.Owner shall be entitled to enforce any
remedy available to the Owner.
6. After the Owner has terminated the
Contractor's right to complete the Construction
Contract, and if the Surety elects to act under
Subparagraph 4.1, 4.2, or 4.3 above, then the
responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under
the Construction Contract, and the
responsibilities of the Owner to the Surety shall
not be greater than those of the Owner under the
Construction Contract. To the limit of the
amount of this Bond, but subject to commitment
by the Owner of the Balance of the Contract
Price to mitigation of costs and damages on the
Construction Contract, the Surety is obligated
without duplication 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 minimumperiod 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 performed, any provision
in this Bond conflicting with said statutory or
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 Contact 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 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 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.)
CONTRACTOR AS PRINCIPAL SURETY
Company:
Company
(Corporate Seal)
(Corporate Seal)
'Signature: Signature:
Name and Title: Name and Title:
Address: Address:
Thesflbul
POWER OF ATTORNEY
•
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters. Inc.
Power of Attorney No. 21998 Certificate No.
1481616
KNOW ALI. MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York. and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters,
Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make,
constitute and appoint
John L. Heiden, Ann H. Staley, W.D. Garland, III, H.L. Brooks, IV and Janice S. Hawkins
Flowood Mississippi
of the City of _____________________________________________.State , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
10t" September 2002
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this day of
Seaboard Surety Company United States Fidelity and Guaranty Company
St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance Company
•irerl aHa a` ,,a iat4 .{�' 8W, iJfy,t♦D [i � 'r ��,,,(((o✓ow ��+� rjw4gr y4v
92 : ,( n IF aHAL'e' C� r 1977 t 0 PETER W. CARMAN, Vice President
4,)•_w R�xca •\I} -say •
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State of Maryland CAw.J/rJr`"Ili•/y"`
City of Baltimore THOMAS E. IIUIBREGTSE, Assistant Secretary
10thOn this day of September 2002
before me, the undersigned officer, personally appeared Peter W. Carman and
Thomas E. Huibrcgtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they. as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
FOPS YL'L •T-" &A -JrM'a
"e 5
In Witness %%hercof, I hereunto set my hand and official seal. ¢ %
C
My Commission expires the 1st day of July, 2006. ip vp REBECCA EASLEY-ONOKALA, Notary Public
qF CiTt
86203 Rev. 7-2002 Printed in U.S.A.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and
effect, reading as follows:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any
such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached; and
RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of
Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,
St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force
and effect and has not been revoked.
IN TESTIMONYWHEREOF, I hereunto set my hand this 16th dayof September , 2002
raEM1 xr.[ a t drM ytpe Bp W~r ...,..[tar / \///�•'�
�.Q?.% � �n it S8dLii YF fe9A � �� ge
SEAL o 1 #
ctrEa •42[..K[ 'v [++[ '• • 'r N1' jt
Thomas E. Huibregtse, Assistant Secretary
To verify the authenticity of this Power ofAttorney, call b800-4243880 and ask for the Power ofAttorney clerk Please refer to the Power ofAtorney number, the
above -named individuals and the details of the bond to which the power is attached ,.
010 03 City of Fayetteville 9/09/2002
Update edex Maintenance • 13:40:38
Document Item Action
Reference Date Ref. Taken Brief Description
RES 9032002 132 FURNISHING TCA BUILDING/MISSCO CORP
Enter Keywords........: RES. 132-02
BID 02-44
MISSCO CORPORATION
JACKSON, MISSISSIPPI
$51,858.52
FRUNISHING
TCA BUILDING
TCA
File Reference #.....•
Security class........:
Expiration Date.......:
Date for Cont/Referred:
Name Referred to......:
MICROFILM
Retention Type:
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(c) 1986-1992
Munimetrix
Systems Corp.