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90-02 RESOLUTION
-11 RESOLUTION NO. 90-02 • • A RESOLUTION TO APPROVE A CONTRACT IN THB AMOUNT OF $108,394.00 PLUS A PROJECT CONTINGENCY OF $10,000.00 WITH MOBLEY CONTRACTORS FOR WIDENING, CURBING AND PROVIDING DRAINAGE IMPROVEMENTS TO SALEM ROAD ADJOINING THE GARY HAMPTON SOFTBALL COMPLEX AND TO APPROVE A BUDGET ADJUSTMENT OF $10,927.00 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 approves the low bid from Mobley Contractors, Inc. for the Salem Road improvements m the amount of $108,394.00 and agrees to and authorizes the Mayor to sign the Contract with Mobley Contractors, Inc. (attached as Exhibit A) in that amount plus a project contingency of $10,000.00. Section 2. That the City Council of the City of Fayetteville, Arkansas approves and agrees to the Budget Adjustment (attached as Exhibit B) in the amount of $10,927.00 to be applied to this project. PASSED and APPROVED this the 4th day of June, 2002. aA R y V ^Vii., � � �i�iG( r/de Woodruff, City erk APPROVED: By: DAN COODY, Mayo NAME OF FILE: CROSS REFERENCE: Resolution No. 90-02 1 06/04/02 Resolution No. 90-02 05/24/02 Contract with Mobley Contractors, Inc. 05/23/02 Bid Tabulation No. 02-33 (Salem Road Improvements) Insurance Binder/Certificate of Liability Insurance Performance Bond Payment Bond 05/24/02 Copy of the Budget Adjustment Form 05/29/02 Copy of the Purchase Requisition Form 06/04/02 Staff Review Form 06/05/02 Memo to Connie Edmonston, Parks & Recreation, from Heather Woodruff, City Clerk 07/16/02 Staff Review Form 07/10/02 Change Order No. 1 ' 07/10/02 Memo to Hugh Earnest, Urban Development Director, from Connie Edmonston, Parks & Recreation Superintendent, regarding Gary Hampton Salem Road Improvements Change Order #1 07/22/02 Memo to Connie Edmonston, Parks & Recreation, from Heather Woodruff, City Clerk NOTES: • DOCUMENT 00500 CONTRACT i Res. 90-02 THIS AGREEMENT, made and entered into on the 24TH day of MAY, 2002, by and between MOBLEY CONTRACTORS, INC. herein called the Contractor, and the City of Fayetteville, Arkansas, hereinafter called the Owner: WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are Salem Road Improvements. Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Payment Bond General Conditions Supplementary Conditions Specifications Drawings 2. That the Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of: ONE HUNDRED EIGHT THOUSAND, THREE HUNDRED NINETY FOUR AND 35/100 DOLLARS ($108,394.35). 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 60 calendar days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. 4. Liquidated Damages: Owner and Contractor recognize that time is of the essence of this Agreement and the Owner will suffer financial loss if the Work is not completed within the times specified in above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Two Hundred Forty Dollars ($240.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. C:\My Documents \PROJECT#'S\5042-SALEM RD\00500.doc Section 00500 - • • Res. 90-02 5. That within 30 days of receipt of an approved payment request, the Owner shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in the General Conditions, which is to be withheld by the Owner until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner 6. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs mcurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the Owner. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the Owner, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in two (2) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. SEAL - WITNESSES: t I I t MOBLEY CONTRACTORS. INC. CONTRACTOR By'79p RON F. MOBL Y. JR. VICE PRESIDENT Title City of Fayetteville, Arkansas C:\My Documents\PROJECT#'S\5042-SALEM RD\00500.doc Section 00500 - 0 S 0 C 0) A g vi ao ' m v3> o m r• C Cf a a v O 0 0 Z • < N3 J J m w 03 1< N 4) N O O N N O Nally -nevi CB 1/4 N 0 TOTAL BASE BID with Deductive Alt No 2 AMOUNT TOTAL BASE BID with Deductive Alt No 1 AMOUNT TOTAL BASE BID AMOUNT 01 tP 5 A. 3 Is DEDUCTIVE ALTERNATE BIDS TOTAL BASE BID j 0 J CO -J V O 15 a W N. O t0 BID SCHEDULE V 0 (� A W N J 3 3 * Alternative for 24 -inch Aluminized CMP Storm Drain, Including Bedding Alternative for 24 -inch Asphalt Coated CMP Storm Drain, Including Bedding Description Concrete Apron, 6" Thick, at Gravel Service Drive Entrar Allowance for Utility Relocation(s) Sidewalk End Barricade 2 Driveway Repair Erosion and Sediment Control Topsoil/Seeding/Straw/Fertilize Concrete Headwall/Energy Dissipator Concrete Storm Drainage Structures (Inlets and Junction Boxes) Storm Drain Trench Backfill Excavations & Embankments for Roadway Construction Maintenance of Traffic 6' Wide x 4" Thick Concrete Sidewalk, Including Base Course 24" Coated CMP Storm Drain, Including Bedding Concrete Curb and Gutter ACHM Type III Surfacing, 3" Thickness Including Prime Coat Mobilization/Demobilization Act 291 of 1993, Trench and Excavation Safety System 0 0 n v 2. 0 n v A kggregate Base Course, Compacted 0 7 0 3 v (0 co Co O A '�,� O O J J a � P0� 1275 W 0 J (0 71 0 O CO O 760 N O' 0 '•� LF -n D, -< LS LS EA (n ILS1 LS m D j D ICY < (/7 Z < I LF T ( LS LS 7 00 =i EA EA W Alternate Unit Price EA W O EA EA 0) EA (0 $1,796.56 " v N A W t0 I $22.45 W I $23.83 $8,271.25 1 Unit Price Mobley Contractors � N 0 0 EA N 0 io CO EA N CO Co 0 0 a V iD A EA 0 IJ N EA 0 0 0 N 01 0 Co CoCO N t0 0 O O O O 0 O O O 0 N V a O V A co a COt. 0 CO (O 0 N 0 0 O ER N V A 0 $108,394.35 1 $108,394.35 $108,394.35 1 $2,650.96 J I $6,173.75 W la N in A 10 CO 0 -4 $15,579.00 tal N 0 V 0 W 69 CO 0) CO A A N O V-4 A 0 COC N EA 0) O 0 k) Extended N N1 E• 0 (0 CD N N 0 V m N 7 G N W V W O 0 03 0 ER t0 0 -L-1 V CD V A N A CO V O) 0 COC in A N 0) CO 0 0) CO O 0 0• A O• 0 0 O 0 0 O 0 V A (0 0 in 0 Co 0 (0 O V O 0 iD 0 0 0 0 0 0 Iv 0 01 $3,000.00 1 $3,750.00 www A N in 0 W 0 Wb 01 N 0 0 EA 0 V 01 EA V O 0 W O O 0 O 0 EA N 0 0 O 0 Unit Price Tomlinson Asphalt EA O O O EA 0 O O 7 '� 0 7• W N A N 0 0 69 0 O 0 O 0 EA 01 O 0 O 0 O co 0 O 0 fA V W 0 O 0 A O O 0 O 0 N O O 0 O O N 0 D 0 O O 49 (D V A EA W 0 O O M O $107,205.00 1 EA J O EA N 49 N Extended M 0 $3,000.001 H EA Co) EA V " t0 N 0 EA 0 EA W EA CO �1 Extended V N O 01 b O CO J V W b O A (D 0 0 O O A (D 0 0 O O CO.?)EA V CO O 0 to A 0 0 b 0 0 000 0 O 0 EA N O 0 0 0 EA O 0 0 0 V 0 0 0 0 EA A O 0 0 0 0 to N O 0 0000010c0000100 0 0 to 0 N O 0 0 ER 0 A N 0 0 O 0 0 O 0 V O 0 t0 0 0 O EA N 0 N N 0 N O 01 O 0 0 0 O 0 O 0 O 0 O 0 O 0 O 0 $35.00 Alternate Unit Price $3,000.00 00008'Z$ 00'009'4 1 1 $35.00 Jerry D. Sweetser, Inc. EA EA 01 V 00) `�NN V 01 0 EA N AA 0 O EA w 0 O EA CO in O EA (O b O WN 0 O 0 b O 0 O 0 b O 7 1'8. 0 0 (90 A b O W b O 000000 O O 0 O O 0 O O 0 O O 0 O O 0 O O EA CO o O EA N A 0 O $109,615.00 $108,655.00 EA J O W W Extended to O w ER I00'009$ 1 Extended -S co co N CO N CO w N EA -• EA N EA N EA 0 A EA V A EA W EA EA EA EA in O 0 W lo'co O 0 CO O 0 CO O 0 0 A0 O 0 N 01 0 W O 0 N in O 0 In 0 o O 0) O O O O 0) ? O 0 O moo boa moo V N O 0 00) 0 O 0 0000000000000000 0 O 0 V 0 O 0 in 0 O 0 0 O 0 0 O 0 0 O 0 4900)000)N00 O 0 Altemate Altemate Unit Price Extended Unit Price Extended $35.00 W 100'009'£$ A V 00'00L'Z$ Unit Price Red Deer, Inc. N N EA CO 0 � O EA CO 01 O O O 0 0 0 0 W 0 0 0 0 W 0 0 0 0 O 0 0 0 0 <0n 0 0 0 0 (010149490494949 0 0 0 0 O 0 0 0 0 0 0 N 0 0 0 0 0 0 0 N 0 In 0 N 0-1 m 0 CO (n 0 EA V-1 (n 0 EA in 0 01 0 0 b 0 $114,686.50 $111,326.50 $111,326.50 $3,000.00 $3,000.00 J 00'009$ 100'004'1.$ I _I. $1,000.0CTI $2,000.00 00'000'4$ 00'009$ I 515,000.1 $3,000.00 $15,984.00 m N O 0 0 A N 0 0 O N A O 00000 0 071 V 0 O 0 N to 0 V 0 N V 0 O 0 N to - 0 O 0 0 7 0' a (0 0 CO 0 in O CO 0 0 O O 0 W 0 O O 0 0 N 0 0 O 0 0 CO O O 0 O W 0 00 oto bb O (A A 0 O A 1000(0 0 0000 0 0 N 0 0 W (0 0 O W CD b O 0 A 0 O 0 N 0 0 O 0 0 0 O 0 0 0 O 0 N 0 O 0 N 0 O 0 001L1.'£$ $400.00 Unit Price Township Builders W EAFA N 0 0 0 CO 0 0 0 www A 0 0 0 0) 0 0 N 0 0 O O O 0 0 $124,786.00J $124,786.00 $125,746.00 $200.00 00'00£'£$ -1 EA 00'000'5$ Extended EA CO EA W EA JEA V 0 O O V A A O O O N 0 V a D) O O EA CO N O 0 0 O EA CO O O 0 0 O Vi N 0 O O 000000000 O EA N 0 O O O EA A 0 O O 0 49 (D 0 O O 0 EA N 0 O O 0 EA 0 0 O O 0 EA 0 0 V 0 0 EA 0 N 0 O-1 0 EA CO EA W J -- 0 0 IJ 0 O 0 0000 CO A-• 0 O 0 N 0) O 0 N V 0 O O O O O O g vi ao ' m v3> o m r• C Cf a a v O 0 0 Z • < N3 J J m w 03 1< N 4) N O O N N O Nally -nevi CB 1/4 N 0 9 • FAYETTAILLE THE CITU OF FAVETTEVILLE, ARKANSAS TO: Mayor Coody and City Council THRU: Hugh Earnest, Urban Development Director FROM: Connie Edmonton, Parks & Recreation Superintendent DATE: May 24, 2002 SUBJECT: Award of Bid #02-33 and Approval of Contract for Salem Road at the Gary Hampton Softball Complex Background McClelland Engineers was hired to design and supervise the Large Scale Development of Gary Hampton Softball complex in the amount of $9,990 The proposed project will widen the existing street in front of the Gary Hampton Softball Complex, over a distance of approximately 675 feet, to match the street improvements to the north. Concrete curb and gutter and a 6 -feet wide sidewalk will also be provided, with four separate handicap ramps. Additionally, approximately 965 feet of storm piping will be installed to take the place of open -ditch flow parallel to the street. Storm inlets, an energy dissipater, and other erosion control features will be a part of the work. Some utility relocation is anticipated, although it is expected to be relatively minor. Construction is intended to occur this summer in order to be completed before the start of the new school year in August so that it does not interfere with Holcomb Elementary School traffic. Current Status Bids were opened on Thursday, May 23, 2002 at 2 p.m. Five bids were received. Mobley Contractors had the low bid. Recommendation Park and Recreation Staff and McClelland Engineers reviewed the bids and recommend the contract be awarded to Mobley Contractors in the amount of $108,394, plus a ten percent project contingency of $10,000 for a total cost of $118,394. Attachments: Site Map McClelland Engineers, Inc. Recommendation Bid Tabulation Contract Site leap i}_1i r; ^nuasrva Ftrto 1 Ater McCLELLAND P.O1229 CONSULTING Fayetteville, Arkansas 72702702 -1229 501-443-2377 ENGINEERS, INC. FAX 501-443-9241 I DESIGNED 10 SERVE May 24, 2002 Ms. Connie Edmonston, Director Parks and Recreation Department City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 RE• Recommendation for Award of Contract Salem Road Project Dear Ms. Edmonston: Enclosed you will find a certified tabulation of the bids received yesterday for the referenced project. Everything multiplied and added correctly, so the apparent low bidder, Mobley Contractors, is confirmed as the "low bidder". As you know, there were five bids submitted and opened. Four of the five bids were within 3% of each other, indicating that the scope of work was understood by the bidders and that the bids were very competitive. Even though the low bid received is higher than the Engineer's estimate, it is within the monies designated as available for the project. All things considered, I do not believe that it would be advantageous to re -bid the project. Regarding the capabilities of Mobley Contractors, this office has worked successfully with Mobley on past occasion and we are confident that they can do a good job for the City on this project. I have verified that their Arkansas Contractor's License is current. Therefore, we recommend that the City award the contract to Mobley Contractors. Thank you for this opportunity to work with your department on this project. We look forward to getting started with construction as soon as practical in order to complete the work prior to the start of a new school year Since1 ly ohnny Q CC: Peggy Vice, Director, City Purchasing • J:\2002'022116'Con q,ondonSItt mm To Awanidoc FAYETTEALLE THE CITY OF FAYETTEVILLE, ARKANSAS TO: Mayor Coody and City Council THRU: Hugh Earnest, Urban Development Director FROM: Connie Edmonston, Parks & Recreation Superintenden te I -- DATE: DATE: May 25, 2002 SUBJECT: Award of Bid #02-33 and Approval of Contract for Salem Road at the Gary Hampton Softball Complex Background McClelland Engineers was hired to design and supervise the Large Scale Development of Gary Hampton Softball complex in the amount of $9,990 The proposed project will widen the existing street in front of the Gary Hampton Softball Complex, over a distance of approximately 675 feet, to match the street improvements to the north. Concrete curb and gutter and a 6 -feet wide sidewalk will also be provided, with four separate handicap ramps. Additionally, approximately 965 feet of storm piping will be installed to take the place of open -ditch flow parallel to the street. Storm inlets, an energy dissipater, and other erosion control features will be a part of the work. Some utility relocation is anticipated, although it is expected to be relatively minor. Construction is intended to occur this summer in order to be completed before the start of the new school year in August so that it does not interfere with Holcomb Elementary School traffic. Current Status Bids were opened on Thursday, May 23, 2002 at 2 p.m. (#)_ bids were received. was the low bid. Recommendation Park and Recreation Staff and McClelland Engineers reviewed the bids and recommend the contract be awarded to in the amount of $_. Attachments: Site Map Bid tabulation Contract School CI e e 4a•' nsa ,Q.c .y • s DOCUMENT 00500 CONTRACT • THIS AGREEMENT, made and entered into on the day of 2002, by and between herein called the Contractor, and the City of Fayetteville, Arkansas, hereinafter called the Owner: WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are Salem Road Improvements. Advertisement for Bids Payment Bond Instructions to Bidders General Conditions Bid and acceptance thereof Supplementary Conditions Performance Bond Specifications Drawings 2. That the Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of • 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 60 calendar days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. 4. Liquidated Damages: Owner and Contractor recognize that time is of the essence of this Agreement and the Owner will suffer financial loss if the Work is not completed within the times specified in above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Two Hundred Forty Dollars ($240.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. J:\2002\022116\Specs\00500.doc Section 00500 - 1 That within 30 days of receipt of an approved payment request, the Owner shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in the General Conditions, which is to be withheld by the Owner until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 6. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor m connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the Owner. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the Owner, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in two (2) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. SEAL - WITNESSES: CONTRACTOR By Title City of Fayetteville, Arkansas ATTEST: OWNER By Q06/03202 WED 09:43 FAX 301 37 2103 INSURANCE BINDER THE CASHION COMPANY ?1002 Zurich Commercial Insurance Insuring Company INSURANCE AND BONDS SIXTY (60) Day Binder 321 SCOTT ♦ P. 0. BOX 550 • LITTLE ROCK, ARKANSAS • 501-376.0716 0 FAX (501) 376.2118 TME N3UIING CUAPANT NOES MERE By ACKNOWtEDCE IlSEL' 9OJ•.O 3VVNO T'( PERIOD Of THIS BINDER IOP SUCH COVERAGES LIST(014 ITEM 2 AS I401CATE0 BY A UNI. ANLIABILITY TIONS. or CP TOK ERMS Cf T41 PCLICY FORMAvn i'D(G NECCOMPTO ANV $ JNCfI4KING PEIN HEP(UNDEB SMALL BE WITECT 10 H 'WSW- OCL ETO SUCH CDV(PAOES As Apt dfOPOCD By R UNOM TNC POIAT fORN t city UI Fayetteni is NAME OF MUM) * 0M151 113 West Mountain Fayetteville, AR 72701 OCCUPATION 2. Type of Coverage Limits of Liability or Amount of Insurance OWNER'S & CONTRACTOR'S PROTECTIVE LIABILITY CONTRACTOR Inc. 72110 FayettevilleMA 108,394. AS $ 1,000,000 OCCURRENCE $ 2,000,000 AGGREGATE NTERIALN THE VCHANGE THAT EREDUCES OR RESTRICTS THE INSURANCE AFFORDED BY THIS POLICY, WE AGREE TO MAIL (30) DAYS WRITTEN NOTICE OF TO OWNER AND MATERIAL CHANGE AND ARCHITECT Mobley P.O. Morrilton, s7sza Salem CONTRACT Contractors, Sox Road 150 AR Project, $ INCLUDE. _AMI ENGINEER ADDITIONAL INSURED McClelland Consulting Engineers P.o. Box 1229 Fayetteville, AR 72702 CnARGC i4 AGCCPOANCE WII N TVE APPLICABLE PVLESS ANO PAU ;D -NEM41Jies C'f L USC CV BY aE iO O4KY EvM N L' -IP SINDIRTBECOMES t FiC pa BE MADE TOP CTI Pe RAO 0 3UC OE It.0 E b -I E CCfIn OF SIAMNSCWEN ITMEPEAFTOE'SUC^PCaNCC:•At�NMSMALI. A'EECA EICEVE OP OY THE dENv CANCEL( C Sy Hi COMPA TO TNE BI MAKING it M4UNOGEBNCM C MCELOAIICN SMAtLMEEAE rECTIv E. otuVERIEN G OF WPII U4 NOTICE SMALL B( EQUIVALENT TO MAIILNG.NE SS DAT fOILOWINO 3. •PP(MIVM Av( SMALL 44N NOTCFj5 CHf »'II 0' ISSUED TMI3 BINDER EFFECTWE 06/D4/02 HwR 12:01 A.M. THIS BINDER DATE 06/04/02 NOVA OA'f THE CN COMPANY �^ Et,_ y/--*Yn rill 321 SCOTT ♦ P. 0. BOX 550 • LITTLE ROCK, ARKANSAS • 501-376.0716 0 FAX (501) 376.2118 06/05/02 RED n8:43 FAX 501 376 2103 To; Company: Fax #: John: • THE CASHION COMPANY i $FBF. INSURANCE ANO BONDS `F1 Zuni Date: 6-5-02 From: Susan Simmons 2 0 Pages Including this one Johbn Quinn MCClelland Consulting Engineers 1-479-443-9241 RE: Mobley Contractors, Inc. Find attached Binder on the Owners & Contractors Protective Liab coverage as requested. Should you have any questions regarding the binder, do not hesitate to give me a call. Thanks, SGA Susan 4•0- e 5- J ea///olial a -t", t:va vn /»'' -~%dav i 321 SCOTT • P.O. BOX 550 • LITTLE ROCK. AR 72203 • 501.376-0716 • FAX 501-376-2118 1-800-523-2147 ♦ www.eashionco.00m • • r• !Al) ACORD„ CERTIFICATEOF LIABILITY INSURANM DATE IMM/DD/YY) 5/24/02 TYPE OF INSURANCE PRODUCER The Cashion Company, Inc. P.O. Box 550 Little Rock, AR 72203 501-376-0716 THIS ONLY HOLDER. ALTER CERTIFICATE IS AND CONFERS THIS CERTIFICATE THE COVERAGE ISSUED NO AFFORDED AS A RIGHTS DOES MATTER NOT BY UPON THE LIABILITY GENERAL CLAIMS MADE OF INFORMATION THE CERTIFICATE AMEND, EXTEND POLICIES BELOW. OR 4/23/02 INSURERS AFFORDING COVERAGE INSURED Mobley Contractors, Inc. P.O. Box 150 Morrilton AR 72110 I INSURER A: Zurich US INSURER B: Royal Ins. (Crump) 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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTA TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE DATF IMMRDDNYI POLICY EXPIRATION DATF IMM/DDNYI LMRS A GENERAL COMMERCIAL LIABILITY GENERAL CLAIMS MADE UABIUTY CON50539981 4/23/02 4/23/03 EACH OCCURRENCE 0 1000000 X FIRE DAMAGE IAny one Orel 1 300000 X OCCUR MED EXP (Any one pe son) 0 10000 PERSONAL & ADV INJURY 1 1000000 GENERAL AGGREGATE 0 2000000 GEN'L AGGREGATE POLICY LIMIT APPLIES PRO - JFCT PER: I LOC PRODUCTS - COMP/OP AGG 1 1000000 A AUTOMOBILE UABILrTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CON50540096 4/23/02 4/23/03 COMBINED SINGLE LIMIT (Ea occident) 0 1000000 X BODILY INJURY IPor person) 0 BODILY INJURY (Per accident) 0 PROPERTY DAMAGE (Per accident) I GARAGE LABILITY ANY AUTO AUTO ONLY - EA ACCIDENT 1 OTHER THAN AUTO ONLY: EA ACC 1 AGG 1 B EXCESS maim' OCCUR 1 CLAIMS MADE DEDUCTIBLE RETENTION $ 10000 P2HNO17787 4/23/02 4/23/03 EACH OCCURRENCE 0 4000000 AGGREGATE 0 4000000 0 4 X 0 A WORKERS COMPENSATION AND EMPLOYERS' UABIUTY TC350409110 4/23/02 4/23/03 X TORY LIMITS OER E.L. EACH ACCIDENT 0 1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE - POLICY LIMIT 0 1000000 OTHER DESCRIPTION OF OPERATIONSR.00ATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: SALEM ROAD PROJECT CERTIFICATE HOLDER I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION CITY OF FAYETTEVILLE 113 W. MOUNTAIN FAYETTEVILLE, AR 72701 I 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 50 SHALL IMPOSE NO OBUGATION OR LABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPR IVES. AT AUTHOR R� ACORD 25-S (197) 2- 22 0 ACORD CORPORATION 1988 • • • • • • Hartford Fire Insurance Company AM DocumentA3l2 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Mobley Contractors, Inc. P.O. Box 1647 Fayetteville, AR 72702 OWNER (Name and Address): City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, AR 72701 CONSTRUCTION CONTRACT Date: 5/24/02 Amount: $108,394.35 Description (Name and Location): SURETY (Name and Principal Place of Business): HARTFORD FIRE INSURANCE COMPANY HARTFORD PLAZA HARTFORD, CT 06115 Salem Road Improvements; Fayetteville, Arkansas BOND Date (Not earlier than Construction Contract Date): Amount: S108,394.35 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company:_ • Signature: • Name and Title: (Corporate Seal) Mobley Contractors, Inc. (Any additional signatures appear on page 3) 5/24/02 ® None ❑ See Page 3 SURETY HARTFORD FIRE INSURANCE COMPANY Company: (Corporate Seal) \�'Xl-a7c p n' Attorney-in-FCFac a (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or The Cashion Company, Inc. other party): P.O. Box 550 Little Rock, AR 72203 501-376-0716 AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W.. WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 S -4149d A312-1984 1 P e 1 The Contractor and the Surety tly and severally, bind themselves, their heirs, execuadministrators, 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 wi h 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, deterninethe amount for which it be liable to the Owner and. as soon as praeti a 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 Su ety 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 lim't 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, desigp 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 Liquidateddamages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or nonperfornance 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 w'thm 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 o itation avail - AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 2 able to sureties as a defense in thellsdiction 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 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 on - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any ants received or to be received by the Owner if 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. 123 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. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: SURETY (Corporate Seal) Company: Signature. Signature: (Corporate Seal) Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND -DECEMBER 1984 ED - AIA THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 3 • X X X POWER O•ATTORNEY • THE HARTFORD HARTFORD PLAZA HARTFORD. CONNECTICUT 00115 Hartford Fire Insurance Company Twin City Fire Insurance Company n Hartford Casualty Insurance Company Hartford Insurance Company of Illinois Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies') do hereby make, constitute and appoint, up to the amount of unlimited: Knight Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr., Judy Schoggen, William H. Griffin, Cynthia L. Wadley, Sheilla J. Smith, Pamela K. Hays of Little Rock, AR their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ® 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. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. M Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT } COUNTY OF HARTFORD On this 19th day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. u, Hartford John P. Hyland, Assistant Vice President CERTIFICATE I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that correct copy of the Power of Attorney executed by said Companies, which is still in full force effective Signed and sealed at the City of Hartford. Jean H. Wozniak Notary Public My Commission Expires June 30, 2004 the above and foregoing is a true and as of May 24, 2002 Colleen Mastroianni, Assistant Vice President • • • Hartford Fire Insurance Company AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Mobley Contractors, Inc. P.O. Box 1647 Fayetteville, AR 72702 OWNER (Name and Address): City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, AR 72701 CONSTRUCTION CONTRACT Date: 5/24/02 Amount: $108,394.35 Description (Name and Location): SURETY (Name and Principal Place of Business): HARTFORD FIRE INSURANCE COMPANY HARTFORD PLAZA HARTFORD, CT 06115 Salem Road Improvements; Fayetteville, Arkansas BOND Date (Not earlier than Construction Contract Date): 5/24/02 Amount: $108,394.35 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: - (Corporate Seal) -Mobley t.ojl {ractors, Inc. Signature: Name and Title: - • (Any additional signatures appear on page 6) ® None ❑ See Page 6 SURETY HARTFORD FIRE INSURANCE COMPANY Company: (Corporate Seal) Signatur Name and Title: Judy oggen, A orney-in-Fact (FOR INFORMATION ONLY -Name, Address and Telephdne) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or The Cashion Company, Inc. other party): P.O. Box 550 Little Rock, AR 72203 501-376-0716 AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE. N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 S -4149d A312-1984 4 Pa Bo I The Contractor and the Su mtly and severally, bind themselves, their heirs, exTcutors, administrators, successors and assigns to the Owner to pay for, labor, matperformancrials e t ofe the Construction nt a Conttract,for se which n the is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and voidpif the Contractor: 2.1 Promptly makes payment. directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnities andholds 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 ___ _.a . _,..:ced u,e nn rtnr and the Surety (at the or Surety, and provided there is no uwner vetauu. 3 With respect to Claimants, this obligation shall be null antlyd void dli the for Contractor sump promptly makes payment, 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 r nHavernr rindsseent a coov. or notice thereeof, o to I accuracy, the amount name of the party to were furnished or supj labor was done or pert .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 daysoffurnishing 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, statin that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the ant has satisfied the conditions of Paragraph 4, the rety shall promptly and at the Suretys expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days afterreceipt 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 thisBond, 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 undei the Construction Contract shall be used for the nerfnrmnnre of the r.omtr lctinn Contract and to satisf} By the Contractor furnishing and the Owner a Bond, they agree that all funds earned by the the performance of the Construction Contract to satisfy obligations of the Contractor and the this Bond subject to the Owner's priority to use the comD(etion 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 inricdictinn in the location in which the work or part of the on which the Claimant gave the notice requirea oy graph 4.1 or Clause 4.2.3, or (2) on which the last • service was performed by anyone or the last s or equipment were furnished by anyone under the tion Contract, whichever of (I) or (2) first occurs. revisions of this Paragraph are void or prohibited the minimum period of limitation available to nc n defence in the jurisdiction of the suit shall be 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 con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND -DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON. D.C. 20006 A312-1984 5 THIRD PRINTING • MARCH 1987 Bond shall be construed as a statu,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 equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction C t, architectural and engineering services required or 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. (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: Signature: _ Name and Title: Address: Signature: _ Name and Title: Address: (Corporate Seal) AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - ALA THE AMERICAN INSTTn1TE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 6 THIRD PRINTING • MARCH 1987 POWER OSATTORNEY THE HARTFORD HARTFORD PLAZA_ IX Hartford Fire Insurance Company Twin City Fire Insurance Company IX Hartford Casualty Insurance Company Hartford Insurance Company of Illinois I Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest II 0 Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast I KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Knight Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr., Judy Schoggen, William H. Griffin, Cynthia L. Wadley, Sheilla J. Smith, Pamela K. Hays of Little Rock, AR their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by Z, 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. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duty attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. • ,M i' 7at)is i i0e1 • S M '� ♦l 1.97 ,� i • 7 Ir� © . • ',�Mu,rn �•9W :� l079� c;;;)' 8 79T1 r .. o. irLrV Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTIOFHARTFORD On this 191h day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Jean IL Wozniak CERTIFICATE Notary Public My Commission Expires June 30.2004 I, the undersigned, Assistant Vice President of the Companies, 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 still in full force effective as of May 24, 2002 n. John P. Hyland, Assistant Vice President Signed and sealed at the City of Hartford. „w . 9var A 107 ,S • \•4u,rnl f . 4•tapV 7070 19703 79TT • na .'. P • how,l '7uW• Colleen Mastroianni, Assistant Vice President TO McClelland Consultilongineers, Inc. P.O. Box 1229 1810 No College Ave. FAYETTEVILLE, ARKANSAS 72702 (501) 443-4271 443-2377 • Es:_ 90 -oz � L EVULot UaaMSCoflad DATE ATTERTIO Ilvl_ RE GENTLEMEN: 'Attached WE ARE SENDING YOU ❑ Under separate cover via ❑ Shop drawings 0 Prints ❑ Plans ❑ Copy of letter 0 Change order ❑ the following items: 0 Samples 0 Specifications COPIES DATE NO. I DESCRIPTION THESE ARE TRANSMITTED as checked below: �❑ For approval Ta For your use C As requested p For review and comment ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections O ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ■ ?071I i A_ itP. T firs COPY TO SIGNED w.tro-ryr Y.n. R.R r.l_w If enclosures are not as not.d. kindly notify City of Fayetteville, Arkansas Budget Adjustment Form Res. 90-02 Budget Year Department: Urban Development Date Requested Adjustment # 2002 Division: Parks and Recreation 05/24/2002 Program: Capital improvements _ `rr i Project or Item Requested: Contingency funds for the Gary Hampton Softball Complex requirements of Salem Road in the amount of $ 10,927. Justification of this Increase: The bid was higher that anticipated. This project needs to have a project contingency of $10,000 and the budget was short $10,927. Hopefully, the contingency funds will not be needed. Project or Item Deleted: $10,927 from the Community Park capital project. Justification of this Decrease: At this point in time, the site for the Community Park has not been determined. Increase Expense (Decrease Revenue) Account Name Amount Account Number Project Number Street Improvements 10,927 2250 9250 5809 00 96093 1 Decrease Expense (Increase Revenue) Account Name Amount Account Number Project Number Park Improvements 10,927 2250 9250 5806 00 02002 1 Rnduet Manager Date i26-ot Date Date Date Budget Office Use Only Type: A B C C E Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log Blue Copy: Budget & Research / Yellow Copy: Requester m ' ` \ B Il::::E:IPr I x WP. ? 0 0) CD a, C# 8 g % E a 0 • 3 § '' zx a ® E \ / \ ! }K e . \ E o ° 0 z _ , o C q E 0a E§ O k � fo 0 |� ` / 0 § 12 m EE 7 ( 0 rn co E . CO 8 0 § § k { k § m z (31 3 \ § o o \ d 7 [ § m ! • ! 2 E\ k } @ i- =I..z ° ( \ k 2- . {/ i m a nfl ] o OD OD Ca O \U CO 9 $o 0 0 0 § LO C, aSTAFF REVIEW FORM Agenda Request n_ Contract Review Grant Review For the Fayetteville City Council meeting of: June 4, 2002 FROM: Connie Edmonston Parks & Recreation Division • Urban Development RECEIVED MAY 24 2002 ACCTG. DEPT. pp� QC ACTION REQUIRED: Award of bid #02-33 and approval of contract with Mobley Contractors in the amount of $108, 394, plus a project contingency of $10,000 for a total cost of $118,394, for large scale development requirements of Salem Road at the Gary Hampton Softball Complex. In addition, approval of a budget adjustment. TO CITY: $118.394 Cost of this Request 2250-9250-5809.00 Account Number $123.463 Category/Project Budget $ 15.996 Funds Used to Date 96093.1 $ 107,467 Project Number Remaining Balance BUDGET REVIEW: x x Budgeted Item xx Budget Adjustment Attached Sao Budget M Kager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: - a o�- Accounting Manager Date City Atforney Date alca— Purchasing Officer Date GRANTING AGENCY: Parks Development Category/Project Name Cary Hampton Softball Complex Program Name Parks Development Fun ADA Coordinator Date YZtO 5 zs o L Internal Au or Date Award of Bid #02-33, approval of contract and budget adjustment. zy'O2 Date Cross Reference New Item: X Yes No Prev Ord/Res #: Orig Contract Date: aSTAFF REVIEW FORM 0 Description Gary Hampton Softball Complex Street Meeting Date June 4.2002 _ Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Reference Comments: Administrative Services Director STAFF REVIEW FORM Agenda Request -n-_ Contract Review Grant Review For the Fayetteville City Council meeting of June 4, 2002 FROM: Connie Edmonston Parks & Recreation Urban Development Name Division Department ACTION REQUIRED: Award of bid #02-33 and approval of contract with in the amount of $ for construction of Salem Road at the Gary Hampton Softball Complex. COST TO CITY: $ $ 120,463 Parks Development Cost of this Request Category/Project Budget Category/Project Name 2250-9250-5890.00 $ 10.090 Gary Hampton SoftballComplex Account Number Funds Used to Date Program Name 96093.1 $ 110,373 Parks Development Project Number Remaining Ba ance Fund BUDGET REVIEW: x Budgeted Item Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager Date ADA Coordinator Date City Attorney Date Internal Auditor Date - 4rhple%efed cam,'(/ Purchasing Officer Date be.. G / c 6�` }eI Ct t Award of Bid #02-33 and approval of contract. C/11 dci secsc'on. 9( s are ' 1oVf P4.vec1 Date ,��+ Cro� eferen Date New Item: _Yes__ No Date Prev Ord/Res #: Mayor Date Orig Contract Date: FAYETTEVItLE S THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Connie Edmonston, Parks & Recreation From: Heather Woodruff, City Clerk Date: June 5, 2002 Please find attached a copy of Resolution No. 90-02 approving a contract with Mobley Contractors for widening, curbing and providing drainage improvements to Salem Road adjoining the Gary Hampton Softball Complex. The original will be microfilmed and filed with the City Clerk. I am returning two (2) original contracts to you. Your Budget Request Form has been forwarded to Budget & Research. Your Purchase Requisition Form has been forwarded to Nancy Smith, Internal Auditor. cc: Nancy Smith, Internal Audit Stephen Davis, Budget & Research • STAFF REVIEW FORM /mss Agenda Request (/!fi/AU# XXXX Contract Review — Grant Review For the Fayetteville City Council meeting of: NA FROM: Connie Edmonston Parks and Recreation Urban Development Name Division Department ACTION REQUIRED: Approval of a change order #1 with Mobley Construction in the amount of $1,084.64. COST TO CITY: $1,085 $ 134,390 Parks Development Cost of this Request Category/Project Budget Category/Project Name 2250-9250-5809-00 $ 124.390 Account Number Funds Used to Date 96093.1 $ 10,000 Project Number Remaining Balance BU ET REVIEW: XX Budgeted Item _Budget Adjustment Attached Purchasing Administrative Services Director REVIEW: GRANTING AGENCY: ADA Coordinator Ihternal A itor -7(5iva- Date prove of Change Order Date /Da Admin' ative S rvices Director to Mayor Date Date Gary Hampton Softball Comp Program Name Parks Development Date Zf1o:— Date Cross Reference New Item: _Yes XX No Prev Ord/Res #: 90-02 Orig Contract Date: 5-24-02 C'-0 ntrac * V + Page 2 • STAFF REVIEW FORM Description Gary Hampton Softball Complex Meeting Date NA Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Reference Comments: C C CHANGE ORDER NO. 1 Dated: July 10, 2002 ENGINEER's Project No. FY022116 Project: Salem Road Improvements Fayetteville, Arkansas CONTRACTOR: Mobley Contractors, Inc. ORIGINAL ORIGINAL CONTRACT PRICE: Unit Prices, Estimated to be $108,394.35 To: Mobley Contractors. Inc. CONTRACTOR You are directed to make the changes noted below in the subject Contract. City of Favetteville. Arkansas OWNER By: Dan Coody, Dated: 7 Z2 Nature of the Changes: In order to: take advantage of a price reduction by taking a Deductive Alternate Bid Item; and to improve drainage and facilitate maintenance of the storm Water collection system by adding access inlets; and to delete Bid Item No. 18 from the contract (an allowance for possible utility relocation work) because said relocation work is unnecessary, the Owner authorizes the Contractor to make modifications in accordance with Exhibit A. The attached changes result in the following adjustment of Contract: 0 Contract Price Prior to This Change Order $108,394.35 Net Increase Resulting from this Change Order $ 1,084.64 Current Contract Price Including This Change Order $109,478.99 Contract Time Allowance Prior to This Change Order 60 calendar days Net Increase Resulting from this Change Order 10 calendar days Current Contract Time Allowance Including This Change Order 70 calendar days *Note: Time extension relates only to work to be performed between the back of new street curb and the new sidewalk. All street and sidewalk work is to be completed within the original contract time. The Described Changes Are Recommended: The Above Changes Are Accepted: McClelland Consulting Engineers. Inc 1 a C. _ilia u Date:2- Mobley Contractors. Inc. CONTRACTOR By: Date: EXHIBIT A CHANGE ORDER NO. I 1. In order to reduce the project cost, the Owner exercises its right to select Deductive Alternate Item No. 5B to install "aluminized" CMP storm drain piping instead of the "polymer coated" CMP. This results in a contract reduction in the amount of --($2,880.00) 2. In order to provide behind -the -curb drainage and to comply with the City's standards for providing access to storm sewer system at 400' maximum intervals to facilitate maintenance, four additional MO -type inlets/boxes are needed. At a unit price of $1,741.16/each, this represents an increase in contract price of -----------$6,964.64 3. Because the extent of required utility relocation work was unknown at the time of bidding, the Engineer included an "allowance" of $3,000 for utility relocation work Since it has now been determined that no utility relocation work is needed, this results in a reduction in contract price of -----------------------------------($3,000.00) TOTAL INCREASE IN CONTRACT PRICE FOR CHANGE ORDER NO. I = $1,084.64 TOTAL INCREASE IN CONTRACT TIME FOR CHANGE ORDER NO. 1 -10 DAYS FAYETTEALLE • THE CITY OF FAYETTEVILLE, ARKANSAS TO: Hugh Earnest, Urban Development Director FROM: Connie Edmonston, Parks and Recreation Superintendent DATE: July 10, 2002 RE: Gary Hampton Salem Road Improvements Change Order #1 Parks and Recreation is requesting change order #1 in the amount of $1,084.64 to Mobley Construction for the following items as recommended by McClelland Engineers: Select the Deductive Alternate Item No. 5B to install aluminized CMP storm drain piping instead of the polymer coated CMP, which is a contract reduction of ($2,880.00). 2. Add four additional MO -type inlets/boxes at a unit price of $1,741.16 to provide behind - the curb drainage and to comply with City standards of the Engineering Division for an additional cost of $6,964.64. 3. The allowance of the contract in the amount of $3,000 for utility relocation work was not needed and therefore reduces the contract price of ($3,000.00). Total increase in the contract is $1,084.64 and an extension in the contract time in the amount of 10 days is needed for change order #1. There is a contingency for this project in the amount of $10,000 that has already been approved by City Council. No contingency funds have been utilized to date. Attachment: Change Order Documents (3 copies) FAYETTEVItLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Connie Edmonston, Parks and Recreation From: Heather Woodruff, City Clerk Date: July 22, 2002 Attached is the completed staff review form and signed change order no. 1 to the contract with Mobley Construction for the Salem Road Project. I am also returning two originals to you. cc: Nancy Smith, Internal Audit