HomeMy WebLinkAbout132-05 RESOLUTION•
RESOLUTION NO. 132-05
A RESOLUTION APPROVING A CONTRACT WITH MIDLAND
CONSTRUCTION, INC. IN THE AMOUNT OF $295,153.00 FOR THE
MEADOW STREET PARKING STRUCTURE IMPROVEMENTS
PROJECT; APPROVING A 15% PROJECT CONTINGENCY IN THE
AMOUNT OF $44,273.00; AND APPROVING A BUDGET
ADJUSTMENT IN THE AMOUNT OF $132,803.00 FOR SAME.
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 a contract with Midland Construction, Inc. in the amount of $295,153.00 for the
Meadow Street Parking Structure Improvements Project. A copy of the contract marked
Exhibit "A" is attached hereto and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas, hereby
approves a 15% project contingency in the amount of $44,273.00.
Section 3: That the City Council of the City of Fayetteville, Arkansas, hereby
approves a budget adjustment in the amount of $132,803.00 for same.
PASSED and APPROVED this 5m day of July, 2005.
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AGREEMENT
BETWEEN CITY OF FAYE1TEVILLE AND MIDLAND CONSTRUCTION, INC.
THIS AGREEMENT is dated as of the'54 k day of �j in the year 2005 by
and between the Gry of Fayetteville, Arkansas, and Midland Construction, Inc
CRY OF FAYETTEVILLE and MIDLAND CONSTRUCTION, INC in consideration of the annual
covenants bereinafta set forth, agree as follows:
Article 1. WORK.
MIDLAND CONSTRUCTION, INC. shall complete all Work as specified or indicated in the Contract
Doannents.
The work generally consists of the restoration of a parking structure located on Meadow Street.
Article 2. OWNER'S REPRESENTATIVE
The Project has been designed by
Mr Kenneth Wagner
Walker Parking Consultants
17049 El Camino Real, Suite 202
Houston,Texas 77058
281-280-0068 ph
281-280-0373 fax
who is hereinafter called OWNER 5 REPRESENTATIVE and who is to act as CITY OF FAYETTEVILLE'S
representative, assume all duties and responsibilities, and have the rights and authority assigned to OWNER'S
REPRESENTATIVE in the Contract Doamrents in connection with txxnpletion of the Work in accordance
with the Contract documents.
Article 3. CONTRACT TIME.
3.1. The Work shall begin Monday, August 8th, 2005 and be oompldcd by November 10th, 2005 and
ready for final payment in accordance with paragraph 9.10 of the General Conditions.
3.2. liquidated Damages. CITY OF FAYETTEVILLE and MIDLAND CONSTRUCTION, INC.
recognize that time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will suffer
financial loss if the Work is not completed within the times specified in paragraph 3.1 above, phis and
extensions thereof allowed in accordance with paragraph 83 of the General Conditions. They also
recognize the delays, expense and difficulties involved in proving the actual loss suffered by CITY OF
FAYiTTEVII 1 F if the Work is not completed on time. Accordingly, instead of requiring
any such proof, CITY Of FAYETTEVILI.F. and MIDLAND CONSTRUCTION, INC. agree that as
liquidated damages for delay (but not as a penalty) MIDLAND CONSTRUCTION, INC. shall pay
CITY OF FAYETTEVILLE One Haadred Dollars (5100.00) for each day that expires after the time
specified in paragraph 3.1 for Completion until the Work is complete.
Highway 71 Fast Square Redevelopment District 141
City of Fayetteville
Engineering Division
April 1, 2005
Page 00500-1
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Amide 4. CONTRACT PRICE.
CITY OF FAYETTEVILLE shall pay MIDLAND CONSTRUCTION, INC. two hundred ninety five
thousand, one hundred fifty three dollars ($295,153) for completion of the Work in accordance
with the Contract Documents. An amount in current funds equal to the sum of the established lump
sums for each separately identified item of Lump Sum Work.
Artide 5. PAYMENT PROCEDURES
MIDLAND CONSTRUCTION, INC. shall submit Applications for Payment in accordance with Article 9 of
the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be
processed by OWNER'S REPRESENTATIVE as provided in the General Conditions.
5.1. Progress Payments. CITY OF FAYETTEVILLE shall make progress payments on account of
the Contract Price on the basis of MIDLAND CONSTRUCTION, INC.'S. Applications for Payment
as recommended by OWNER'S REPRESENTATIVE, on or about the 1st day of each month during
construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will bc as provided
in the General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to
the percentage indicated below, but, in case, less the aggregate of payments previously made
and less such amounts as OWNER S REPRESENTATIVE shall determine, or CITY OF
FAYETTEVILLE may withhold, in accordance with the General Conditions.
90 percent of Work completed (with the balance of 10 percent being retainage), If
Work has been 50 percent completed as determined by thc OWNER'S
RES a ATIVE, and if the character and progress of the Work have been
satisfactory to CITY OF FAYETTEVILLE and OWNER'S REPRESENTATIVE,
CITY OF FAYETTEVILLE, on recommendation of OWNER'S
REPRESENTATIVE, may determine that as long as the character and progress of the
Work remain satisfactory to them, there will be no additional retainage on account of
work completed, in which case the remaining progress payments prior to Completion
will be in an amount equal to 100 percent of the Work completed.
D'
100 percent of materials and equipment not incorporated in the Work but delivered,
suitably stored, and accompanied by documentation satisfactory to CITY OF
FAYETTEVILLE as provided in paragraphs 14.0233.5 & 14.02.D of the General
Conditions. That is, if any such items are setup for that type payment in thc
Specifications.
5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to
MIDLAND CONSTRUCTION, INC. to 98 percent of the Contract Price (with the balance of
2 percent being retainage), less such amounts as OWNER'S REPRESENTATIVE shall
determine, or CITY OF FAYETTEVILLE may withhold, in accordance with the General
Conditions.
5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with the
General Conditions, CITY OF FAYETTEVILLE shall pay the remainder of the Contract Price as
recommended by OWNER'S REPRESENTATIVE as provided.
Highway 71 East Square Redevelopment District #1
Oty of Fayetteville
Engineering Division
Apnl 1, 2005
Page 00500-2
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Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce CITY OF FAYE FEVILLE to enter into this Agreement MIDLAND CONSTRUCTION,
INC. makes the following reprasaaations:
6.1. MIDLAND CONSTRUCTION, INC. has examined and carefully studied the. Contract
Documents (including any Addenda) and the other related data identified in the Bidding Documents
including "technical data?
6.2. MIDLAND CONSTRUCTION, INC. has visited the site and become familiar with and is
satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or
furnishing of the Work.
63. MIDLAND CONSTRUCTION, INC. is familiar with and is satisfied as to all federal, state, and
local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work.
6.4. MIDLAND CONSTRUCTION, INC. has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating
to existing surface or subsurface stmdures at or contiguous to the site which have been identified in
the Supplementary Conditions. MIDLAND CONSTRUCTION, INC. accepts the delamination set
forth in the Supplementary Conditions of the ectad of the "talmical data" contained in such reports
and drawings upon which MIDLAND CONSTRUCTION, INC. is entitled to rely on.
MIDLAND CONSTRUCTION, INC. acknowledges that such reports and drawings are not Contract
Documents and may not be wrnplctc for MIDLAND CONSTRUCTION, INC.'s purposes.
MIDLAND CONSTRUCTION, INC. acknowledges that CITY OF FAYETIEVILLE and OWNER S
REPRESENTATIVE do not assume responsibility for the accuracy or completeness of information
and data shown or indicated in the Contract Documents with respect to Underground Facilities at or
contiguous to the site. MIDLAND CONSTRUCTION, INC. has obtained and carefully studied (or
assumes responsibility for having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and
Undagrotmd Facilities) at or contiguous to the site or otherwise which may affect cost, progress,
performance, or furnishing of the Work or which relate to any aspect of the means, methods,
terhniques, sequences, and procedures of construction to the employed by MIDLAND
CONSTRUCTION, INC. and safety precautions and programs incidaa thereto. MIDLAND
CONSTRUCTION, INC. does not consider that any additional examinations, investigations,
explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the
Contract Price, within the Contract Times, and in accordance with the other tams and conditions of
the Contract Documents.
6.5. MIDLAND CONSTRUCTION, INC. is aware of the general nature of work to be performed at
the site that relates to the Work as indicated in the Contract Documents.
6.6. MIDLAND CONSTRUCTION, INC. has correlated the information known to MIDLAND
CONSTRUCTION, INC., information and observations obtained from visits to the site, reports and
drawings identified in the Contract Documents, ens, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
6.7. MIDLAND CONSTRUCTION, INC. has given OWNER'S REPRESENTATIVE written notice
of all conflicts, errors, ambiguities, or discrepancies that MIDLAND CONSTRUCTION, INC.
has discovered in the Contract Documents and the written resolution thereof by OWNER S
Highway 71 East Square Redevelopment District NI
My of FayetteviOe
Engineering Division
•
April 1, 2005
Page 00500-3
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REPRESENTATIVE is acceptable to MIDLAND CONSTRUCTION, INC. and the Contract
Documents are generally sufficient to indicate and convey imderstandmg of all terms and
conditions for performance and furnishing of the Work.
Highway 71 East Square Redevelopment District NI
City of Fayetteville
Engineering Division
April 1, 2005
Page 00500-3
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6.8. Ardde 7. CONTRACT DOCUMENTS
The Contract Documents, which comprise the entire agreement between CITY OF FAYETTEVIILE and
MIDLAND CONSTRUCTION; INC. concerning the Work, consist of the following
7.1. This Agitation (pages 1 to 8, inclusive).
71 Performance and Payment Bonds (Exhibits A and B respectively).
7.3. Certificates of Insurance (Exhibit C).
7.4. Documentation submitted by MIDLAND CONSTRUCTION, INC. prior to Notice of
Selection (Exhibit D).
7.5. General Conditions (pages 1 to 39, inclusive).
7.6. Supplementary Conditions (pages 1 to 9 inclusive).
7.9. Specifications as listed in table of contents thaeof.
7.10. Any addenda.
7.11. One set of drawings (attached hereto).
Bid 05-45 Meadow Street Parking Structure Improvements
7.12. The following which may be delivered or issued after the Effective Date of the Agreement and
are not attached hereto:
7.12.1. Notice to Proceed
7.12.2. All Written Amendments and other documents amending, modifying or supplementing the
Contract Documents pursuant to the General Conditions.
The Contract Documents may only be amended, modified or supplemented as provided in the General
Conditions.
Artide 8. MISCELLANEOUS.
8.1. Tams used in the Agreement which are defined in the General Conditions will have the
meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the Contract Daanocnts will
be binding on another party hereto without the written consa t of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an assignment no
assignment will release or discharge the assignor from any duty or responsibility under the Contract
Doormats.
8.3. CITY OF FAYETTEVILLE and MIDLAND CONSTRUCTION, INC. each binds itself, it
partners, successors, assigns, and legal representatives to the other party hereto, its partners,
successors, assigns, and legal representatives in respect to all covenants, agreements and obligations
contained in the Contract Document
Highway 71 East Square Redevelopment District #1
Oty of Fayetteville
Engineering Division
April 1, 2005
Page 005004
w
8.4. Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken and all remaining provisions shall
continue to be valid and binding upon stricken provision or part thereof with a valid and
enforceable provision St comes as close as possible expensing the intattion of the
stricken provision.
8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall
not be allowed without a prior formal contract amendment approved by the Mayor and
the City Council in advance of the change in scope, cost or fees.
8.6. Freedom of Information Act. CITY OF FAYETTEVILLE contracts and
documents prepared while performing city contractual work are subject to the Arkansas
Freedom of Information Act. If a Freedom of Information Ad request is presented to the
CITY OF FAYE TEVILLE, MIDLAND CONSTRUCTION, INC. will do everything
possible to provide the documents in a prompt and timely mama as prescribed in the
Arkansas Freedom of Information Act (A.C.A. §25-19-I01 d. seq.). Only legally
authorized photocopying costs pursuant to the FOIA may be assessed for this
compliance.
8.7. This contract must be interpreted under Arkansas Law
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IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and MIDLAND
CONSTRUCTION, INC. have signed this Agreement in quadruplicate. One counterpart each
has been delivered to CITY OF FAYETTEVILLE and OWNER'S REPRESENTATIVE, and two
counterparts have been delivered to INLAND CONSTRUCTION, INC.. All portions of the
Contract Documents have been signed, initialed, or identified by CITY OF FAYETTEVILLE and
MIDLAND CONSTRUCTION, INC. or identified by OWNER'S REPRESENTATIVE on their
behalf. 3 C
This Agreement will be effective on tiL V 54- h 2005 (which is the Effective
Date of the Agreement).
Attest
Secretary.
Address for giving notices
City of Fayetteville
Attention: Dan Coody
113 W. Mountain St.
Fayetteville, AR 72701
(If OWNER is a public body, attach
evidcncc of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
[CORPORATE SEAL]
• Attest
• If a Corporation, attest by the
Address for giving notices
Midland Construction, Inc.
Attention: Steve Timmerman
P.O. Box 369
Rogers, AR 72757
License No.
00/5:? 4140,47406
Agait for service of process:
(If CONTRACTOR is a corporation,
attach evidence of authority to sign)
•
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2005
Department: Operations
Division: Telecommunications & Parking
Program: Off Street Parking Exp
Date Requested
6/15/2005
1
Adjustment Number
Project or Item Added/Increased:
$132,803 in the Parking Deck Expenditures account in
the Parking Deck Rehabilitation capital project.
Project or Item Deleted/Reduced:
$132,803 from the Use of Fund Balance account.
Justification of this Increase:
The funding is for the rehabilitation of the municipal
parking deck located on Meadow Street.
Justification of this Decrease:
There is $206,623.60 remaining funds for this project in
2005. The total project cost exceeded the anticipated cost
of the rehabilitation of the parking deck by $132,803.00.
Increase Expense Budget (Decrease Revenue Budget)
Account Name Account Number Amount Project Number
Parkins deck expenditures 2130 9130 5411 00 132,803 02085 1
Account Name
Decrease Expense Budget (Increase Revenue Budget)
Account Number Amount
Use of fund balance
2130 0913 4999 99
132,803
Project Number
Approval Signatures
1-13-01
Date
?'/1
-79a
Date
5
*
rvices D. or A ate
7/9/�
Date
Mayor
Budget Office Use Only
Type: A B C
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Initial
E
Date
Initial Date
Initial Date
Initial Date
Parking Access and Revenue Control Equipment
July 5, 2005 Council Mating
Page I of 2
AGENDA REQUEST MEMO
TO: Mayor Dan Coody
THRU: Gary Dumas, Director of Operations
FROM: Sharon Jenkins, Parking Manager4�
Coy Hurd, Project Manager u
DATE: June 15, 2005
SUBJECT: Approval of Budget Adjustment and Award RFP #05-45 for Meadow
Street Parking Structure improvements
RECOMMENDATION
Staff recommends the approval of a budget adjustment in the amount of $132,803.00 and
award RFP 405-45 to Midland Construction, Inc. for improvements and repairs to the
Meadow Street Parking Structure in the amount of $295,153.00 plus 10% contingency for
the total amount not to exceed $339,426.00
Repairs and improvements to the municipal parking deck include concrete repairs,
shoring, latex modified concrete placement and patching, trowel applied concrete repairs,
sealants, waterproofing, expansion joints, supplemental floor drains, painting and
miscellaneous other repairs.
BACKGROUND
For some time, the Municipal Parking Deck on Meadow Street has been experiencing
problems. The deck will not entirely shed water, thus water pools in several of the
parking spaces. This limits the use of these spaces causing an inconvenience to patrons
who have leased those particular spaces. This situation also makes the parking deck slick
and dangerous for foot traffic, especially in the wintertime. Other problems are manifest
such as inadequate lighting and the deterioration of the deck's surface.
In September of 2004, the City contracted with Walker Parking Consultants for the
design and oversight of the restoration of the deck. They prepared the plans and
developed the bid documents that went out in May 2005. They will continue with this
project by conducting pre -construction conferences, negotiation a construction contract,
and oversee the rehabilitation project. Repairs and improvements to the parking deck
will include concrete repairs, shoring, latex modified concrete placement and patching,
trowel applied concrete repairs, sealants, waterproofing, expansion joints, supplemental
floor drains, painting and miscellaneous other repairs.
IRgz
7/6/05
t 3d
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DISCUSSION
We received bids from two (2) vendors for the parking equipment:
• Midland Construction, Inc. submitted a bid that totaled $295,153.00
• John P. Marinoni Construction Company, Inc. submitted a bid that totaled
$333,685.00
BUDGET IMPACT
The total project budget in 2005 is $218,304.00 with $11,680.40 paid to Walker Parking
Consultants for their services. With a remaining balance of $206,623.60 for the project, a
budget adjustment of $132,803.00 will be necessary from fund balance in order to finish
the required improvements.
• •
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT WITH MIDLAND
CONSTRUCTION, INC. IN THE AMOUNT OF $295,153.00 FOR
THE MEADOW STREET PARKING STRUCTURE
IMPROVEMENTS PROJECT; APPROVING A 15% PROJECT
CONTINGENCY IN THE AMOUNT OF $44,273 00; AND
APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF
$132,803.00 FOR SAME.
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 a contract with Midland Construction, Inc. in the amount of
$295,153.00 for the Meadow Street Parking Structure Improvements Project. A
copy of the contract marked Exhibit "A" is attached hereto and made a part
hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas!
hereby approves a 15% project contingency in the amount of $44,273.00.
Section 3. That the City Council of the City of nsas,
hereby approves a budget adjustment in the amount o
ATT
By:
PASSED and APPROVED this 5th da` f July, 2005,
A SMITH, City Clerk
COODY, Mayor
*REV 2/99
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CERTIFIED COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS
AUTHORIZING CONSENT TO SERVICE OF PROCESS FOR THE CORPORATION
At a regular/special meeting of the Board of Directors of
ci LJ lDnstrtxei;0 n. Lc .
Y1I (NAME OF CORPORATION)
duly called and held on the 13 day of r(' eta quorum being present, the following
Resolution was adopted:
"WHEREAS, this Company desires to enter into one or more contracts as a contractor, as
defined in Section 48-13-30 through 48-13-38 of the Official Code of Georgia annotated, and
for the purpose of employing with said Act agrees to irrevocably appoint the Secretary of
State, or his successor in office, its duly authorized agent for service of process with respect
to claims arising out of the performance of any of said contracts.
THEREFORE, BE IT RESOLVED, that SLAW. (VIM c ma , President and _
\YAo,(ILlto Z..trnrnPema.v\ , Secretary of the Company be and hereby are authorized to execute
on behalf of the Company a Non -Resident Contractor's Consent to Service of Process in this
regard, and the proper attesting officer of the Company be and hereby is authorized to affix the
corporate seal to such consent and subscribe his name thereto, attesting the same".
I, Tw'q i e INIMer'Mall , Secretary of
A In vvA erans6 t*;o n ,) .
(NAME OF CORPORATION)
have compared the foregoing Resolution with the original thereof, as recorded in the Minute Book of said
Company, and do certify that the same is a correct and true transcript therefrom and the whole of said
original Resolution.
iven under my hand and seal of the Company, Lt11Lt �1 n.Sr �[�'�on,IhC_in the City of
} neer e3 State of heKoc.y1SQ S this it day of Marck Vaarr
n
1
TE SECRETARY)
(Seal)
THIS RESOLUTION MUST BE ATTACHED TO THE
NONRESIDENT CONTRACTOR'S CONSENT TO SERVICE OF PROCESS.
1
Sharon Jenkins/Coy Hurd
Submitted By
• City of Fayetteville •
Staff Review Form
City Council Agenda Items
Contracts
TL, hi S, la's
City Council Meeting Date
Parking Mgmt.Building Services Operations
Division
Action Required:
Department
A resolution approving a budget adjustment in the amount of $132,803.00 and award RFP #05-45 to Midland
Construction, Inc. for the Meadow Street Parking Structure Improvements Project for the amount of $295,153.00 plus
a 15% contingency for the total project amount not to exceed $339,426.00.
$339,426.00
Cost of this request
2130-9130-5411-00
Account Number
02085
Project Number
Budgeted Item
218,304.00
Category/Project Budget
11,680.40
Funds Used to Date
206,623.60
Remaining Balance
Budget Adjustment Attached
X
Parking Deck Rehabilitation
Program Category / Project Name
Fixed Assets
Program / Project Category Name
Off -Street Parking Fund
Fund Name
Departmen
1
'rector
City Attomey
Date
42/05
2.2.—o,C
Mayo
Date
Previous Ordinance or Resolution # n/a
Original Contract Date: n/a
Original Contract Number:
n/a
Received in City Clerk's Office
Received in Mayor's Office
Comments:
Budget Year
2005
•
City of Fayetteville, Arkansas
Budget Adjustment Form
Department: Operations
Division: Telecommunications & Parking
Program: Off Street Parking Exp
•
tetc3.
en) -°3-
Budget
°_r
Date Requested
6/15/2005
Adjustment Number
Project or Item Added/Increased:
$132,803 in the Parking Deck Expenditures account in
the Parking Deck Rehabilitation capital project.
Project or Item Deleted/Reduccd:
$132,803 from the Use of Fund Balance account.
Justification of this Increase:
The funding is for the rehabilita 'on of
parking deck located on Meado Str
Justificati of this Decrease:
There is 06,623.60 remaining
200 The Iproject co -x.
d(the habilitation of the I
\r/d)
ds for this project in
ed the anticipated cost
deck bK`$132,803.00.
In'trease
Account Name
get (D ease ', v ue Budgej)
Account Nber ant Project Number
Parking deck expenditures
913 •11 00 132,803 0208
Account Name
Decrease Eiei�se Budget (Inert Rev yE Budget)
Account Number II A
Use of fund balance 2130 0913 4999 99
5
Requested By
Approval Signatures
Budget
,ms s 675-0
Date
Budget Manager Date
Date
Gros
Date
Date
Date of App
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Initial 1 to
Initial Date
Initial Date
Initial Date
1
THE AltICAN INSTITUTE OF ARCIICTS
Premium Amount Based
on Final Contract Amount
Bond No. 3833040
AIA Document A312
Performance Bond
Ary Insult nbtec. o Caencce Surety. O..w ce Mier wry WWI b cons e' d PVII ✓en SPP LAM
CONTRACTOR (Name and Address)
MIDLAND CONSTRUCTION, INC.
14571 ZIMMERMAN LANE
ROGERS, AR 72756
OWNER (Name and Address):
CITY OF FAYETTEVILLE
113 WEST MOUNTAIN
SURETY (Name and Pnntiple Place of Business):
OHIO CASUALTY INSURANCE COMPANY
136 NORTH THIRD STREET
HAMILTON, OH 45025
FAYETTEVILLE, AR 72701
CONSTRUCTION CONTRACT
Date:
Amount: $ 295,153.00
Description (Name and Location):
RESTORATION OF PARKING STRUCTURE LOCATED ON MEADOW STREET
BOND
Date (Not earlier than Construction Contract Date): July 13th, 2005
Amount: S 295,153.00
Modifications to this Bond: [X] None
CONTRACTOR AS PRINCIPAL
COMPANY: (Corporate al)
MIGLA r"CONS ON, INC.
Signature:
Name arid We.
(Any additional signatures appear on page 3)
SURETY
COMPANY
OHIO CASUALT 1 ' . %NCE COMP
L) See Page 3
(Corporate Seal)
Sign
Name an. 'dle:
KIMBERLY L. BABB , Attorney -in -Fact
FOR INFORMATION ONLY -Name, Address and Telephone
AGENT OR BROKER:
Babb Bonding, Inc
P.O. Box 6255
Sherwood, AR 72124
OWNERS REPRESENTATIVE (Architect,
or Engineer or other party).
Walker Parking Consultants
17049 El Camino Real, Ste. 202
Houston, TX 77058, 77, 77
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1964 ED., AIA 0
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE N.W., WASHINGTON D C. 20009
THIRD PRINTING • MARCH 19137
A 312-1984 1
1. The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, ayj�listrators,
'successors, and assigns to the Owner forherformance
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 considenng 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 Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able 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 de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the 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 accor-
dance with the terms of the contract with the Owner.
4. When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense 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 Construc-
tion Contract itself, through its agents or through inde-
pendent 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 Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its rights to perform and complete, arrange
for completion, or obtain a new contractor and with
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DEC
.1 Atter investigation, determine the amount for which it may
be liable to the lir and, as soon as practicable after
the amount is d_rlined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the Owner
citing reasons therefor.
5. If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness. the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6. After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater Than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractors Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance 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 Con-
struction 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, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9. Any proceeding, legal or equitable, under this Bond
may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years aftter the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail -
A 312-1974 2
EMBER 1964 ED.. AIA o
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW , WASHINGTON D.C. 20006
THIRD PRINTING - MARCH 1957
axle to sureties as a aerense In tne funsaictuon 02 tne 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 sig-
nature 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 con-
forming 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 Con -
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor or any amounts recelvea or to oe receiveo oy
the Owner in settlemennsurance or other claims
for damages to which t ntractor is entitled, re-
duced by all valid and proper payments made to or an
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page. including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form 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 Con-
tractor 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 PRI
Company:
•
CIPAL
SURETY
(Corporate Seal) Company
Signature: Signat
Address: Address.
(Co . •rate Seal)
KIMBERLL. BABB Attorney -in -Fact
ame and Title:
AIA DOCUMENT A312 PERFORMANE BOND AN PAYMENT 90ND DECEM9ER 1984 3D AIA 0
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W. WASHINGTON, D.C. 10008
THIRD PRINTING MARCH 1187
A312-1984 3
•
•
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 3833040
AIA Document A312
Payment Bond
Any singular n19r9MY to CMVMp. Surety. Owner or corner piny IM COMiM,W plural *hen cpplic.9H
CONTRACTOR (Name and Address):
MIDLAND CONSTRUCTION, INC.
14571 ZIMMERMAN LANE
ROGERS, AR 72756
OWNER (Name and Address).
CITY OF FAYETTEVILLE
113 WEST MOUNTAIN
SURETY (Name and Pnnuple Place of Business):
OHIO CASUALTY INSURANCE COMPANY
136 NORTH THIRD STREET
HAMILTON, OH 45025
FAYETTEVILLE, AR 72701
CONSTRUCTION CONTRACT
Date:
Amount: $ 295,153.00
Descnption (Name and Location):
RESTORATION OF PARKING STRUCTURE LOCATED ON MEADOW STREET
BOND
Date (Not earlier than Construction Contract Date): July 13th, 2005
Amount: 295,153.00
Modifications to this Bond:
x None
CONTRACTOR -AS PRINCIPAL SURETY
COMPANY
MIDLAND
Signature:
(Corporate Seal)
NIN
Name and Title:
(Any additional signatures appear on page 6)
COMPANY
See Page 6
(Corporate Seal)
OHIO CASUALTY NSU 'NICE COMP
f Signature:
Name and Titl
KIMBERLY L. BABB, Attdrney-in-Fact
FOR INFORMATION ONLY -Name, Address and Telephone
AGENT OR BROKER:
Babb Bonding, Inc
P.O. Box 6255
Sherwood, AR 72124
OWNERS REPRESENTATIVE (Architect,
Engineer or other party):
Walker Parking Consultants
17049 El Camino Real, Ste. 202
Houston, TX 77058,??,??
AA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIAO
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W., WASHINGTON, D.0 20001
THIRD PRINTING . MARCH 1957
A312-1984 4
.1. The Contractor and the Surety, joint)severally,
bind themselves, their heirs. executors, inistrators,
successors, and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo-
rated herein by reference.
2. With respect to the Owner, this obligation shall be
null and void if the Contractor:
2.1 Promptly makes payment, directly, or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands liens or suits by any
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials, or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands,
liens, or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.
3. With respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants
under this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the addres described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
.1 Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or
in part from the Contractor, or not received
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this
Bond and enclosing a copy of the previous
written notice furnished to the Contractor.
6. When the Claimansatisfied the conditions of
Paragraph 4, the Sure all promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts
7. The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8. Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance of the Construction Contract and to satisfy claims,
if any, under any Construction Performance Bond By
the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's prior-
ity to use the funds for the completion of the work.
9. The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
ant under this Bond, and shall have under this Bond no obli-
gations 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 juris-
diction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last mate-
rials or equipment were furnished by anyone under the Con-
struction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
12. Notice to the Surety, the Owner or the Contractor
shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall
be sufficient compliance as of the date received at the
address shown on the signature page.
13. When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
6. If a notice required by Paragraph 4 is gven by the Owner to
the Contractor or to the Surety, that is sufficient compliance.
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., MAO
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W. WASHINGTON, D.C. 20009
THIRD PRINTING . MARCH 1987
A312-1984 5