HomeMy WebLinkAbout90-02 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
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^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 -
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Description
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Excavations & Embankments for Roadway Construction
Maintenance of Traffic
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24" Coated CMP Storm Drain, Including Bedding
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•
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